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Home My WebLink AboutCouncil Packet - 5/15/2023CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA Regular Session TO BE HELD AT Harold E. Getty Council Chambers Monday, May 15, 2023 5:30 PM CITY OF WATERLOO COMMUNITY VISION 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 Waterloos core downtown evolving to meet the needs of future generals, 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. 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 Page 1 of 661 is required to follow the rules listed in this article when speaking during any meeting of the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. 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 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 four o'clock (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, Ray Feuss, Ward 5 Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of April 28, 2023, Special Session as proposed. Page 2 of 661 Approval of Minutes of May 1, 2023, Regular Session, as proposed. Proclamation declaring May 14-20, 2023 as Emergency Medical Services Week. Proclamation declaring May 15-21, 2023, as National Police Week. Proclamation declaring May 17, 2023, as World Neurofiberomatosis Day. Proclamation declaring May 21-27, 2023 as National Public Works Week. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 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 a 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. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing as June 5, 2023, for the sale and conveyance of City property located at 217 Reed Street, in the amount of $11,000, to Kevin E. Roase and Michelle L. Rose, with a development agreement, and instruct the City Clerk to publish notice. 3. Resolution approving support for submission of Intended Use Plan for CIPP Phase IVB, and authorizing the Mayor to execute said document. 4. Resolution approving request of Zach Buchheit for a waiver for a concrete driveway, located at 800 W. Parker Street, with the elimination of the sidewalk section due to inability to meet grade requirements. 5. Resolution approving request of Mark Badura for a waiver for a concrete driveway, located at 303 W. Orange Road, with the elimination of the sidewalk section due to inability to meet grade requirements. 6. Resolution approving award of bid to Landmark Turf Services, LLC, of Dunkerton, Iowa in the amount of $48,142.00, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2024 Levee Rip Rap Spraying, Contract No. 1083, and authorizing the Mayor and City Clerk to execute said documents. 7. Resolution awarding bid to D. W. Zinser Co., Inc., in the amount of $56,900.00, in conjunction with Demolition and Site Clearance Services, Contract No. D-2023-04-01 P, located at 1100 Sycamore Street, approving the contract, bond and certificate of Page 3 of 661 insurance, and authorizing the Mayor and City Clerk to execute said documents. 8. Resolution approving submission of a U.S. Department of Transportation Safe Streets for All (SS4A) Grant in the amount of not to exceed $10,000,000.00, for Development of a Comprehensive Safety Action Plan and committing to providing the required 20% local match and implementing the Action Plan with a target date of 2045 to achieve zero traffic fatalities and severe injuries. 9. Board of Adjustment Minutes of March 28, 2023. 10. Michelle Weber Board/Commission: Design Review Board Expiration Date: May 15, 2026 Renewal 11. Terry Conrad Board/Commission: ADA Compliance Expiration Date: May 15, 2026 Renewal 12. William Kugler Board/Commission: General Contractor Board of Licensing, Examiners & Appeals Expiration Date: May 15, 2026 Renewal 13. Ross Samek Board/Commission: General Contractor Board of Licensing, Examiners & Appeals Expiration Date: May 15, 2026 Renewal 14. Deb Waterman Board/Commission: General Contractor Board of Licensing, Examiners & Appeals Expiration Date: May 15, 2026 Renewal 15. Dennis Wilson Board/Commission: General Contractor Board of Licensing, Examiners & Appeals Expiration Date: May 15, 2026 Renewal 16. Dionne Grabek Board/Commission: Housing Authority Board Expiration Date: May 15, 2025 Renewal 17. Liquor Licenses a. The Isle Casino Hotel Waterloo, 777 Isle of Capri Bvd., Class C Alcohol Page 4 of 661 w/Outdoor Service and Sunday Sales, Renewal - Exp: 4/30/2024. b. Riverloop Expo Plaza, 400 Jefferson St., Special Class C Alcohol w/Outdoor Service and Sunday Sales, New (8-month) - Exp: 1/15/2024. c. Michoacana Meat Market, 1215 Franklin St., Class B Alcohol w/Sunday Sales, Renewal - Exp: 4/26/2024. d. Steamboat Gardens, 1740 Falls Ave., Class C Alcohol w/Sunday Sales, Renewal - Exp: 6/13/2024. e. Main Street Waterloo, 300 Jefferson St., Special Class C Alcohol w/Sunday Sales, New (5-day) - Esp: 5/22/2023. f. Main Street Waterloo, 300 Jefferson St., Special Class C Alcohol w/Outdoor Service and Sunday Sales, New (5-day) - Exp: 5/26/2023. 18. Recommendation of appointment of Danielle DeNeui, from the current Civil Service list to the position of Stormwater Specialist in the Engineering Department, effective May 16, 2023. 19. Communication from the Community Development Department on the notice of the conclusion of employment of Matt Chesmore, Senior Rehabilitation Specialist, effective April 14, 2023, with a recommendation of approval of payout in the amount of $6,231.34, for unused benefits. 20. Communication from the Community Development Department on the notice of the conclusion of employment of Pam Mast, Intake -Project Specialist, effective April 14, 2023, with a recommendation of approval of payout in the amount of $609.00, for unused benefits. 21. Communication from the Airport Department on the notice of the conclusion of employment of Randy Shepard, Airport Operations Specialist, effective April 28, 2023, with recommendation of approval of payout of $11,454.12 for unused benefits. 22. Communication from the Library Department on the notice of the conclusion of employment of Mimi Meyer, Library Aide, effective April 28, 2023, with recommendation of approval of payout of $3,663.32 for unused benefits. 23. Motion to approve Application for Fireworks Display for the Waterloo Bucks Ball Club home ball games at Riverfront Stadium, 850 Park Road, for approximately 10 minutes, beginning at 10:00 p.m. 24. Recommendation of appointment of Tara Thomas Gettman to the position of Director of Strategic Communications in the Mayor's Department, effective May 16, 2023, pending pre -employment physical and drug testing. 25. Bonds. PUBLIC HEARINGS 1. FYE 2023 Budget Amendment. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Page 5 of 661 Resolution approving FYE 2023 Budget Amendment. Submitted by: Bridgett Wood, Finance Manager 2. FY 2023 Gates Park Improvements, Contract No. 1076. 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. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids and refer to Leisure Services Director for review. Submitted by: Travis Nichols, Facilities/Project Manager 3. Request by Iowa Heartland Habitat for Humanity to locally designate 415 Walnut Street as a Historic Landmark. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission and the Historic Preservation Commission. Motion to receive, file, consider, and pass for the first time an ordinance to locally designate 415 Walnut Street as a Historic Landmark. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted by: Noel Anderson, Director 4. City Limits Urban Revitalization Area (CLURA) Plan. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Submitted by: Noel Anderson, Director 5. Request by the City of Waterloo to vacate approximately 0.8 acres of University Avenue frontage road located near University Avenue and Progress Avenue, subject to the retention of a permanent public and private utility easement on, above, and under the vacated area, in front of the former K-mart site at 3810 University Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate approximately 0.8 acres of University Avenue frontage road located near University Avenue and Progress Avenue, subject to the retention of a permanent public and private utility easement on, above, and under the Page 6 of 661 vacated area, generally located in front of the former K-mart site at 3810 University Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Noel Anderson, Director 6. Request by Nihad Masic to vacate, sell, and convey approximately 1,428 square feet of city -owned right-of-way subject to the retention of a public utility easement, in the "M-1" Light Industrial District located southeast of 312 Kothe Avenue, to Nihad Masic in the amount of $700.00, and Alyssa Roney in the amount of $272.00. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by Nihad Masic to vacate approximately 1,428 square feet of city -owned right-of- way, located southeast of 312 Kothe Avenue, subject to the retention of a permanent public utility easement over, under, across and upon the vacate area. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Resolution authorizing sale and conveyance of vacated alley southeast of 312 Kothe Avenue to Nihad Masic in the amount of $700.00, and Alyssa Roney in the amount of $272.00, subject to the retention of a permanent public utility easement over, under, across and upon the areas to be conveyed, and authorizing the Mayor and City Clerk to execute said deeds. Submitted by: Noel Anderson, Director 7. Request by Raymond Shepard to vacate, sell, and convey approximately 9,560 square feet of city -owned right-of-way in the "R-2" One and Two Family Residence District located north of 108 Bishop Avenue, to Raymond Shepard and Kenneth Cox in the amount of $2,000.00, Connie Johnson in the amount of $500.00, and Ryan and Kali Wilkinson in the amount of $500.00. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by Raymond Shepard to vacate approximately 9,560 square feet of city -owned right-of-way in the "R-2" One and Two Family Residence District located north of 108 Bishop Avenue, subject to the retention of a permanent public utility easement over, under, across and upon the East 25 feet thereof. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Resolution authorizing sale and conveyance of vacated alley north of 108 Bishop Avenue to Raymond Shepard and Kenneth Cox in the amount of $2,000.00, Connie Johnson in the amount of $500.00, and Ryan and Kali Wilkinson in the amount of $500.00, subject to the retention of a permanent public utility easement over, under, across and upon the East 25 feet thereof, and authorizing the Mayor and City Clerk to Page 7 of 661 execute said deeds. Submitted by: Noel Anderson, Director 8. Sale and conveyance of City property located near 3840 University Avenue in the amount of $1.00, with a phased Development Agreement with Mann Road Storage, LLC, for the redevelopment of 2810 and 3840 University Avenue, with a minimum assessment agreement of $4,561,900.00, for the construction of climate -controlled storage units and a mixed -use commercial building, with a tax rebate schedule of ten (10) years at 50 percent. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city right-of-way adjacent to 3840 University Avenue, subject to the retention of a public and private utility easement on, above and under the area to be conveyed, in the amount of $1.00 to Mann Road Storage,LLC, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Mann Road Storage, LLC for the redevelopment of property at 3840 University Avenue, with a minimum assessment agreement of $4,561,900.00, and a tax rebate schedule of ten (10) years at 50 percent, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Director 9. Sale and conveyance of city -owned property, land exchange, and approval of an Infrastructure Development Agreement with North Crossing, LLC, for the master buildout of North Crossing retail and medical district. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of City -owned property located near the intersection of Heath Street and Logan Avenue (Highway 63), eastward to East 4th Street, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving an Infrastructure Development Agreement with North Crossing, LLC, for the master buildout of North Crossing retail and medical district with a land exchange located near the intersection of Heath Street and Logan Avenue (Highway 63), eastward to East 4th Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Director 10. FY 2023 E. San Marnan Drive Reconstruction Project, Contract No. 1084. 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. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids. Resolution approving award of bid to Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $2,486,160.95, approving the contract, bonds, and certificate of insurance, in Page 8 of 661 conjunction with the FY 2023 E. San Marnan Drive Reconstruction Project, Contract No. 1084, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Dennis Gentz, Assistant City Engineer RESOLUTIONS 1. Resolution approving a Renewal Agreement with Delta Dental for fees associated with administration, in the amount of $36,574.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Lance Dunn, Director 2. Resolution approving a Renewal Agreement with Wellmark Blue Cross Blue Shield for fees associated with administration, network access, and stop loss, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Lance Dunn, Director 3. Resolution approving a Renewal Agreement with National Insurance Services for fees associated with life and long term disability policies, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Lance Dunn, Director 4. Resolution approving a farm lease agreement expiring December 31, 2023 with Michael Cook to farm approximately 3.65 acres of land at the southeast corner of Newell Street and Northeast Drive for $80.00 per acre for a yearly rental payment of $292.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Tim Andera, Economic Development Specialist 5. Resolution Approving Cloverdale Park Lease Agreement with Black Hawk County Board of Supervisors, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Paul Huting, Director 6. Resolution approving an agreement with USDA wildlife services to minimize wildlife - related property damage and risk to human health and safety, and authorizing the City Forester to execute said document. Submitted by: Todd Derifield, Park Superintendent/City Forester 7. Resolution approving the request by 3-Stooges for an Encroachment Agreement to allow for the placement of a private storm sewer connection on the public right-of-way of Martin Road in the "M-2-P" Planned Industrial District, located in front of 1370 Martin Road, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Director 8. Resolution approving a contract with HRGreen to conduct a Phase I Environmental Site Assessment on four (4) parcels owned by Black Hawk Machinery Sales, Inc., generally located at or adjacent to 54 Lane Street, in an amount not to exceed $3,900.00, and authorizing the Mayor to execute said document. Page 9 of 661 Submitted by: Noel Anderson, Director 9. Resolution approving an extension of a lease agreement with Aspro, Inc., for mining in the Riverview Recreation Area for another ten (10) years, at a rate of five (5) percent of Aspro's average net selling price, with a minimum of $5,000.00 per year, located west of 3505 Easton Avenue, Waterloo Waste Treatment Plant, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Director 10. Resolution approving a Development Agreement with Prairie Rapids II, ILC to construct forty-eight (48) new housing units, located near the southeast corner of Kimball Avenue and Ridgeway Avenue, including the infill policy incentive of $5,000.00 per unit upon completion, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Director 11. Resolution approving a Development Agreement with John & Dan Properties, LLC, for the overall development of infrastructure of the San Marnan Business Park First Addition, a fourteen lot business park subdivision, including tax rebates of a minimum of $40,000.00 per year up to a maximum grant of $2,020,040.00, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Director 12. Resolution approving a Development Agreement and Minimum Assessment Agreement with David G. Chilcote, for the construction of a new restaurant with a tax rebate schedule of 80 percent for years one thru five and 40 percent for year six, and a development grant of $183,276.70 with a minimum assessment agreement of $300,000.00, for property located at 317 Park Road, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Director 13. Resolution supporting the application by Prairie Rapids II, LLC, for the Iowa Workforce Housing Tax Credit Program to construct forty-eight (48) new housing units located near the southeast corner of Kimball Avenue and Ridgeway Avenue. Submitted by: Noel Anderson, Director 14. Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed March 7, 2022, in an amount not to exceed $39,500.00, in conjunction with the FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, Contract 1062, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 15. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $329,500.00, in conjunction with the FY 2023 Biennial Bridge Review Program, and authorizing the Mayor to execute said document. Page 10 of 661 Submitted by: Jamie Knutson, City Engineer 16. Resolution approving the City of Waterloo Smart City Strategic Action Plan. Submitted by: Quentin Hart, Mayor 17. Resolution supporting LGBTQ+ Waterloo Residents. Submitted by: Jonathan Grieder, Ward 2 Council member 18. Resolution supporting Grow Solar Cedar Valley. Submitted by: Jonathan Grieder, Ward 2 Council member ORDINANCES 1. An ordinance amending Chapter 3, Human Rights, by adding Article C, Unfair Practices - Conversion Therapy. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by adding Article C, Unfair Practices - Conversion Therapy, to Chapter 3, Human Rights, Title 5, Police Regulations. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Jonathan Grieder, Ward 2 Council member 2. An ordinance amending Title 8, Public Utilities, Chapter 3, Sewer Regulations, Article A, User Charges and Fees of Section 2, Determination of Rates and Charges, to Increase Sewer Rates. Motion to receive, file and consider and pass for the first time an Ordinance amending Title 8, Public Utilities, Chapter 3, Sewer Regulations, Article A, User Charges and Fees of Section 2, Determination of Rates and Charges. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Bridgett Wood, Finance Manager ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 11 of 661 April 28, 2023 The City Council of the City of Waterloo, Iowa, met in Special Session at the City Clerk's Office, Waterloo, Iowa, at 9:30 AM, on Friday, April 28, 2023. Roll Call. Members present: Mayor Pro-Tem Ray Feuss in the Chair, Boesen, Wilder and Creighton - Smith. Absent: Chiles, Grieder and Nichols. Approval of Agenda Creighton-Smith/Wilder that the agenda, as proposed or amended, be approved. Voice vote -Ayes: Four. Motion carried. CONSENT AGENDA Liquor license for Waterloo Softball Association. Motion to approve an application for a new Special Class C Alcohol Liquor License with outdoor service, located at 1139 Josephine Street, expiring on April 16, 2024. Creighton-Smith/Wilder to approve an application for a new Special Class C Alcohol Liquor License with outdoor service, located at 1139 Josephine Street, expiring on April 16, 2024. Voice vote -Ayes: Four. Motion carried. ADJOURNMENT Creighton/Smith that the meeting adjourn at 9:32 a.m., be approved. Voice vote -Ayes: Four. Motion carried. Kelley Felchle City Clerk Page 1 of 1 Page 12 of 661 May 1, 2023 The City Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, May 1, 2023. Roll Call. Mayor Pro-Tem Ray Feuss in the Chair. Roll Call: Boesen, Nichols, Creighton - Smith, Chiles, Grieder, and Ms. Wilder. Prayer or Moment of Silence. Pledge of Allegiance - Kelley Felchle, City Clerk Approval of Agenda as proposed or amended. Approval of Minutes of April 17, 2023, Regular Session as proposed. Feuss/ Chiles that the agenda, as amended, by moving the ordinance directly after the Consent Agenda, moving Item No. 14 to the top of the Resolutions; and the minutes for April 17, 2023 Regular Session, and the minutes of April 18, 2023, Special Session, as proposed", be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of April 18, 2023, Special Session as proposed. Proclamation declaring May 7-13, 2023 as World Migratory Bird Week. Proclamation declaring May 6, 2023 as Downtown Waterloo Urban Farmers Market Opening Day. Proclamation declaring April 28, 2023 as Exchange Club Day. Proclamation declaring the month of May as Historic Preservation Month. Life Saving Award For Sergeant's Matthew Woodward, Matthew Wertz and Officers Admir Babic, Lea Montalvo, Alex Bovy and Luke Lamere. Page 1 of 15 Page 13 of 661 PUBLIC COMMENTS Margaret Bass, 416 Sullivan, commented that she is a resident and is here on behalf of homeless people in Waterloo. She shared that the homeless population has tripled in Waterloo in the last several years. She shared that resources that help homeless individuals are limited in Waterloo. She asked the city to develop a plan to create a central response plan for helping the homeless. Lawrence Stumme, 1008 Lois Lane, shared that he wanted to present four examples of problems in the community. If he runs out of time, Mr. Blackwell will complete the presentation. There is a house that burned down in August 2022 and the house remains unfixed. The second house has been vacant for several years and is a blight in the community. He asks that the city take these examples seriously and find the money to get these properties fixed. Michael Blackwell, 5125 Millenium Drive, Cedar Falls, spoke about the unfinished clean up of various sites. Todd Obadal, 124 Amity Drive, commented that he shared the viewpoints offered by the previous speakers. He shared that the council gets its power from the State of Iowa and has to operate within the bounds of the law. Dwayne Ehilers, 1205 1/2 Bishop Street, commented that Code Enforcement had not cleaned up his property or street and he had to hire people to clean the street. He also caught people in the building. He further stated that people have dumped more junk on the street. Colleen Tierney, 1933 Wimbly Road, commented that she is a realtor and shared that her home's assessed value has gone up to $300,000. She expressed frustration with the increase. Mr. Chiles commented that assessed value is controlled by the county and advised those who are concerned about the increase to speak with the county. He reminded the citizens that council members are people too and we are all experiencing the same concerns. He stated that a lot of great things are happening and we must not discount the good because there is negative. He commented that another rental inspector was hired in order to take care of the citizens' housing concerns. He explained that to increase our population it takes work, investment, and strategy. He referenced the Walnut neighborhood as an example of turning blighted properties into new homes. He asked that the council approve a parking study for downtown. Mr. Grieder commented that the Waterloo Safe Neighborhood Commission met last week and they had a meeting with some data scientists from ISU and the first of many community forums. He asked that adults volunteer for the commission to help come up with programs for young people this summer. He added that he is proud of Waterloo Community Schools. Mr. Boesen commented that he wants to discuss development agreements. He shared that he would like to know the tax implications of the development agreement and know if the project creates jobs. Ms. Wilder commented that she was supposed to have a Ward 3 meeting yesterday, but it was Page 2 of 15 Page 14 of 661 canceled because there was a missing child in her ward. She thanked the Waterloo police department, the community, and neighbors and reported the child was found and reunited with his family. She thanked the street department for helping fix roads in her ward that citizens had complaints about. Mr. Nichols requested an overview of the 657A process in regard to the properties which were mentioned earlier. Noel Anderson, Community Planning and Development Director explained the process of addressing and prioritizing blighted housing in the community and maintaining compliance with the terms of the state code. Mr. Nichols questioned the turnaround time once the city has identified a property it wishes to take possession of. Noel Anderson commented that it typically takes 60-90 days from the time the property is identified, for proper notifications to go out, and then get through the court system. Ms. Creighton -Smith questioned the criteria for bumping a property up on this list. Noel Anderson explained that they look at safety first, then visibility and reuse, and how it is impacting neighboring property values. Grieder/Wilder to close Public Comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Grieder/Nichols that the following items on the consent agenda be received, placed on file and approved, including the bills payments for April 24, 2023 in the amount of $4,833,056.09 and May 1, 2023 in the amount of $1,227,447.57, be approved. Roll Call vote -Ayes: Seven. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2023-262. Resolution setting date of public hearing as May 15, 2023, for an amendment to the FYE 2023 Budget, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-263. Resolution approving the request by Dieu Israel Kabangu, for tax exemptions on the construction of a new single family home valued at $210,000.00, for property located at 514 Johnson Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2023-264. Resolution approving the request by Robin Rae, for tax exemptions on the construction of a new commercial building valued at $171,608.00, for property located at 2122 Hawthorne Avenue and located in the Consolidated Urban Revitalization Area (CURA). Page 3 of 15 Page 15 of 661 Resolution adopted and upon approval by Mayor assigned No. 2023-265. Resolution approving the request of Robin Baldwin, for a waiver for a concrete driveway, located at 4235 Chico Drive, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2023-266. Resolution approving the request of Tyler McCormack for a waiver for a concrete driveway, located at 307 W. Orange Road, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2023-267. Resolution approving the request of Reilly Benedict for a waiver for a concrete driveway, located at 225 Lichty Blvd., with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2023-268. Resolution approving request of Katezza Phillips for a waiver for a concrete driveway, located at 307 Euclid Street, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2023-269. Resolution setting date of public hearing as May 15, 2023, to approve the request by the City of Waterloo to vacate approximately 0.8 acres of University Avenue frontage road located near University Avenue and Progress Avenue, subject to the retention of a public and private utility easement on, above and under the vacated area, in front of the former K-mart site at 3810 University Avenue, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-270 Resolution setting date of public hearing as May 15, 2023, to approve the request by Nihad Masic to vacate, sell, and convey approximately 1,428 square feet of city -owned right-of-way subject to the retention of a public utility easement, in the "M-1" Light Industrial District located southeast of 312 Kothe Avenue, to Nihad Masic in the amount of $700.00, and Alyssa Roney in the amount of $272.00, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-271. Resolution setting date of public hearing as May 15, 2023, to approve the request by Raymond Shepard to vacate, sell, and convey approximately 9,560 square feet of city -owned right-of-way in the "R-2" One and Two Family Residence District located north of 108 Bishop Avenue, to Raymond Shepard and Kenneth Cox in the amount of $2,000.00, Connie Johnson in the amount of $500.00, and Ryan and Kali Wilkinson in the amount of $500.00, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-272. Resolution setting date of public hearing as May 15, 2023, for the sale and conveyance of City Page 4 of 15 Page 16 of 661 property located near 3840 University Avenue in the amount of $1.00, and to approve a phased Development Agreement with Mann Road Storage, LLC, for the redevelopment of 2810 and 3840 University Avenue, with a minimum assessment agreement of $4,561,900.00, for the construction of climate -controlled storage units and a mixed -use commercial building, with a tax rebate schedule of ten (10) years at 50 percent, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-273. Resolution setting date of public hearing date as May 15, 2023, to approve the request by Iowa Heartland Habitat for Humanity to locally designate 415 Walnut Street as a Historic Landmark, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-274. Resolution setting date of public hearing as May 15, 2023, to approve the request for an Infrastructure Development Agreement with North Crossing, LLC, for the master buildout of North Crossing retail and medical district with a land exchange, and authorizing the sale and conveyance of City owned property, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-275. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as May 25, 2023, and date of public hearing as June 5, 2023, in conjunction with the Street Department Seal Coat Program, and direct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2023-276. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as May 25, 2023, and date of public hearing as June 5, 2023, in conjunction with the FY 2023 Greenbelt Lake REAP Grant Phase II, Contract No. 1085, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-277. Resolution resetting the date of bid opening as May 11, 2023, and date of public hearing as May 15, 2023, in conjunction with the FY 2023 Gates Park Improvements, Contract No. 1076, and direct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-278. Leisure Services Commission board minutes of March 14, 2023. Planning, Programming and Zoning Commission minutes of March 14, 2023. Steven Hostetler Board/Commission: Housing Appeals Board Expiration Date: May 1, 2026 Renewal Page 5 of 15 Page 17 of 661 Todd Eastman Board/Commission: Housing Appeals Board Expiration Date: May 1, 2026 Renewal LaTonya Stokes Board/Commission: Housing Appeals Board Expiration Date: May 1, 2026 Renewal Kenny Williams Board/Commission: Housing Appeals Board Expiration Date: May 1, 2026 Renewal Mark Precgler Board/Commission: Housing Appeals Board Expiration Date: May 1, 2026 Renewal Amy Wienands Board/Commission: Telecommunications Expiration Date: May 1, 2029 New Liquor Licenses 1. Amigo Mexican Restaurant, 1415 E. San Marnan Dr., Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Exp: 2/29/2024. 2. Ari'z, 504 Sycamore St., Class A Alcohol w/Catering and Sunday Sales, Renewal — Exp: 11/18/2023. 3. Half Pint Saloon, 1831 Independence Ave., Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal — Exp: 4/18/2024. 4. Jim Lind Service, 230 E. Ridgeway Ave., Class B Alcohol w/Sunday Sales, Renewal — Exp: 4/7/2024. 5. La Michuacana, 1221 Franklin St., Class C Alcohol w/Sunday Sales, Renewal — Exp: 3/26/2024. 6. Kwik Stop 4, 515 Broadway St., Class E Alcohol w/Sunday Sale, Renewal — Exp: 5/7/2024. 7. Lost Island Theme Park, 2600 E. Shaulis Rd., Class C Alcohol w/Outdoor Service and Sunday Sales, New — Exp: 12/23/2023. 8. Your Pie, 126 E. Ridgway Ave., Special Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal — Exp: 4/5/2024. 9. Lost Island Waterpark, 2225 E. Shaulis Rd., Class C Alcohol w/Outdoor Service and Sunday Page 6 of 15 Page 18 of 661 Sales, Renewal - Exp: 1/12/2024. 10. Mersim's Kitchen, 126 E. Ridgeway Ave, Suite A, Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Exp: 4/15/2024. 11. Smitty's Bar, 709 Jefferson St., Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Exp: 4/26/2024. Cigarette/Tobacco Permit New Application for Greenleaf Tobacco & Vape, 2313 Logan Avenue. Theater License 1. Fantasy Theater, 1850 W. Airline Highway 2. Romeo and Juliets, 315 E. 4th Street 3. Romantix Adult Emporium, 1507 LaPorte Road 4. Marcus Midwest, LLC, 2450 Crossroads Blvd. Motion approving Change Order No. 4 with Lodge Construction, Inc., of Clarksville, Iowa, for a net increase of $66,570.00, in conjunction with the FY 2021 Westdale Bioswale, Contract No. 997, and authorizing the Mayor and City Clerk to execute said document. Motion to approve recommendation of appointment of Emily Seliga to the position of Administrative Secretary in the Community Planning and Development Department effective May 15, 2023. Communication from the Police Department on the notice of the conclusion of employment of Dejana VanGundy, Records Clerk, effective March 31, 2023, with recommendation of approval of payout of $562.12 for unused benefits. Bonds. PUBLIC HEARINGS FY 2023 Gates Park Improvements, Contract No. 1076. Public Hearing canceled and rescheduled to a future date. FY 2024 Levee Rip Rap Spraying, Contract No. 1083. Wilder/Chiles to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Page 7 of 15 Page 19 of 661 Motion carried. HOLD HEARING - No comments on file. Wilder/Chiles to close the hearing and receive and file oral and written comments. Voice vote -Ayes: Seven. Motion carried. Wilder/Chiles Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-279. Wilder/Chiles to receive, file, and instruct the City Clerk to read the bids and refer to the City Engineer for review. Engineer's Estimate: $61,125.00 Bidder Bid Security Bid Amount Landmark Turf Services, LLC, Dunkerton, IA 5% $48,142.00 FY 2024 Sidewalk Inspection and Repair Program - Zone 3. Boesen/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor Pro-Tem called for written and oral comments and there were none. Boesen/Wilder to close the hearing. Voice vote -Ayes: Seven. Motion carried. Boesen/Wilder Resolution authorizing proposed repairs to sidewalk. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-280. Boesen/Wilder Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-281. FY 2023 Fiber -to -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1080. Nichols/Chiles to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor Pro-Tem called for written and oral comments and there were none. Page 8 of 15 Page 20 of 661 Nichols/Chiles to close the hearing. Voice vote -Ayes: Seven. Motion carried. Nichols/Chiles Resolution confirming approval of plans, specification, form of contract, etc., and authorizing to proceed. Roll CaII vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-282. Nichols/Chiles to receive, file and instruct the City Clerk to read bids, and refer to the Consultant for review. Voice vote -Ayes: Seven. Motion carried. Quanta Telcom Solutions, Loganville, GA - 5°/0 - $79,660,051.38 API, Maple Lake, MN - 5% - $103,972,204.34 Michels Power, Neenah, WI - 5% - $110,132,352.00 ITG Communications, LLC, Hendersonville, TN - 5% - $83,414,108.91 Asbestos Abatement Services Contract No. AB-2023-05-01 P, for property located at 123 E. Parker Street, former Saint Mary's Villa. Boesen/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Wilder to close hearing. Voice vote -Ayes: Seven. Motion carried. Boesen/Wilder Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-283. Mr. Boesen expressed his disappointment in the bids as they are way over our estimate. Boesen/Wilder to receive, file, and instruct the City Clerk to read bids, and refer to the Community Planning and Development Director for review. Voice vote -Ayes: Seven. Motion carried. Estimate: $100,000.00 Abatement Specialties, Inc., Cedar Rapids, IA - 5% - $176.530.00 REW Services Corporation, Des Moines, IA - 5% - $167,530.00 Advanced Environmental, Waterloo, IA - 5% - $147,500.00 Sale and conveyance of City -owned property in the amount of $1.00 to DMJ Development, LLC, and approving a Development and Minimum Assessment Agreement for the construction of a 14,000-square-foot trucking terminal with future 21,000-square-foot expansion. Page 9 of 15 Page 21 of 661 Nichols/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor Pro-Tem called for written and oral comments and there were none. Nichols/Wilder to close hearing. Voice vote -Ayes: Seven. Motion carried. Nichols/Wilder Resolution approving the sale and conveyance of city -owned property, located east of 115 Warp Drive, to DMJ Development, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-284. Mr. Boesen thanked Noel Anderson, Community Planning and Development Director, for his timely response to his questions. Nichols/Wilder Resolution approving a Development and Minimum Assessment Agreement with DMJ Development, LLC, for the construction of a new 14,000 square foot truck terminal with a future 21,000 square foot industrial building expansion, with a minimum assessed value of $1,400,000.00 and rebate schedule of 75 percent for years one through three, 70 percent for years four and five, and 50 percent for years six through ten, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-285. Request by Magnum Trucking for a Site Plan Amendment to the "M-2,P" Planned Industrial District to construct a 14,000 square foot trucking terminal and a future 21,000 square foot expansion, located east of 115 Warp Drive. Boesen/Nichols to receive and file proof of publication of notice of public hearing. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Nichols to close hearing and receive and file recommendation of approval of Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried. Boesen/Nichols to receive, file, consider, and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by the Magnum Trucking for a site plan amendment to the "M-2,P" Planned Industrial District to construct a 14,000 square foot trucking terminal and a future 21,000 square foot expansion, located east of 115 Warp Drive. Roll Call vote -Ayes: Seven. Motion carried. Page 10 of 15 Page 22 of 661 Boesen/Wilder to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried. Boesen/Nichols to consider and pass for the second and third times and adopt said ordinance. Roll Call vote - Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5696. RESOLUTIONS Boesen/Wilder to recess for five minutes at 7:29 p.m. Voice vote -Ayes: Seven. Motion carried. Boesen/ Wilder to reconvene at 7:32 p.m. Voice vote -Ayes: Seven. Motion carried. Resolution approving the request by CJ's Construction, Inc., on behalf of Hope M. Anderson, for the Final Plat of Paradise Estates First Addition, a 64-lot residential subdivision zoned "R-1" One and Two Family Residence District located north of 5643 Kimball Avenue. Grieder/Wilder Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-286. Barbara Henning, 138 Sidehill Drive, expressed concern for the length of the boulevard. She also welcomed the development to their neighborhood. Cory Hodapp, Developer, commented that the tax evaluation was roughly 75-80 million dollar valuation on this development. The impact on the city, schools, community and businesses is a huge and that will keep giving year after year. He thanked staff for their hard work. Buzz Anderson, 731 Prospect Blvd., thanked the council, Noel Anderson, and the planning commission. He hoped that this project would be a plus for the community. Bob Manning, 2908 W. 3rd Street, Cedar Falls, spoke in favor of this development and is excited to see this happening in Waterloo. Council members thanked everyone for working together on the project. Resolution approving the Professional Services Agreement with Gov HR, USA, for a Compensation and Classification Study for non -bargaining employees, in an amount not to exceed, $28,500.00, and authorizing the Mayor to execute said document. Boesen/Nichols Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-287. Mr. Boesen requested an update on when the study would start and finish. Lance Dunn, Human Resources Director, provided an overview of the timeline for the project. Page 11 of 15 Page 23 of 661 Resolution approving award of bid to Trane U.S. Inc., of Clive, Iowa, in the amount of $626,245.00, approving the contract, bond, and certificate of insurance, in conjunction with the Trane Temperature Controls Update of all city buildings, and authorizing the Mayor and City Clerk to execute said document. Boesen/N ichols Roll call vote -Ayes: Seven. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-288. Resolution approving construction plans for grading, paving, and utilities serving the San Marnan Business Park Addition, as submitted by the Clapsaddle-Garber Associates, Inc., Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and final acceptance of construction plans subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. Nichols/Wilder Roll call vote -Ayes: Seven. Motion carried Resolution adopted and upon approval by Mayor assigned No. 2023-289. Resolution approving a Cooperative Agreement with the Iowa Department of Transportation, in the amount of $11,970.00, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. Nichols/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-290. Resolution approving an Administrative Services Agreement with the Iowa Northland Regional Council of Governments, in an amount not to exceed $30,000.00, in conjunction with the Waterloo EDA Fiber Optic Grant, and authorizing the Mayor to execute said document. Nichols/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-291. Jamie Knutson, City Engineer, provided an overview of the services that INRCOG will provide under this contract. Resolution approving Addendum No. 7 to the Professional Services Agreement with Robinson Engineering Company, of Independence, Iowa, originally executed July 30, 2018, in an amount not to exceed $20,930.00, in conjunction with the Westdale Subdivision Swale Design, and authorizing the Mayor to execute said document. Boesen/N ichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-292. Resolution approving the renewal of a three-year software contract with Fifth Asset, Inc., DBA DebtBook, for the purpose of debt management, lease management, and subscription management, and authorizing the Finance Manager to execute said document. Page 12 of 15 Page 24 of 661 Boesen/N ichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-293. Resolution appointing UMB Bank, N.A. of West Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agenda and Bond Registrar and Transfer Agent Agreement, and authorizing the Mayor and City Clerk to execute said document. Boesen/N ichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-294. Resolution authorizing and providing for the issuance of $6,000,000.00 General Obligation Bonds, Series 2023A, and levying a tax to pay said bonds; approval of the Tax Exemption Certificate and Continuing Disclosure Certificate, and authorizing the Mayor and City Clerk to execute said documents. Creighton-Smith/WilderRoll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-295. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., in an amount not to exceed $423,000.00, for project administration and inspection services associated with the Waterloo Regional Airport Pavement Rehabilitation of Taxiway Alpha East, Taxiway Echo, and Runway 12/30 and the Pavement Reconstruction of Taxiway Alpha West, and authorizing the Mayor and City Clerk to execute said documents. Creighton-Smith/WilderRoll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-296. Resolution approving four (4) FY 2024 Quarter 1 and Quarter 2 Mini event grants, in the amount of $10,200.00, as recommended by the Waterloo Convention and Visitors Bureau Board of Directors. Creighton-Smith/Wilder Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-297. Resolution approving eleven (11) FY 2024 Quarter 1 and Quarter 2 Hotel -Motel Event Grant requests, in a total amount of $184,000.00, as recommended by the Waterloo Convention and Visitors Bureau Board of Directors. Wilder/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-298. Resolution approving award of hotel/motel tax council discretionary funds to Waterloo Leisure Services in the amount of $30,000.00 for the USDA Bird Relocation Project. Wilder/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-299. Page 13 of 15 Page 25 of 661 Mr. Boesen requested a breakdown on future grants of who gets what money. Emily Nyren, Experience Waterloo, outlined where the monies are going. She explained that she would provide the requested information. Resolution approving the Refundable Advance for Construction Electrical Service Extension Proposal, in the amount of $18,594.73, for Speculative Use with MidAmerican Energy, for the construction and provision of electric lines along Warp Drive, in conjunction with the Waterloo Air and Rail Park Project, and authorizing the Mayor to execute said document. Wilder/Nichols Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-300. ORDINANCES An ordinance enacting a new youth mental health protection. Motion to receive, file, consider, and pass for the second time an ordinance amending the City of Waterloo Code of Ordinances by enacting a new Chapter 12, Youth Mental Health Protection, of Title 3, Business and License Regulation. Motion to suspend the rules. Motion to receive, file, consider, and pass for the third time and adopt said ordinance. Grieder/Wilder motion to receive, file, consider, and pass for the second time an ordinance amending the City of Waterloo Code of Ordinances by enacting a new Chapter 12, Youth Mental Health Protection, of Title 3, Business and License Regulation. Voice vote -Ayes: One. Nays: Six (Boesen, Nichols, Creighton -Smith, Chiles, Wilder and Feuss). Motion failed. Ray Feuss explained that at the Work Session this evening a resolution and new ordinance was proposed that will replace this ordinance, so this ordinance will more than likely be voted down tonight in order to introduce a new ordinance on May 15, 2023. Karen Johnson, 209 Zachary Court, shared that there are many studies done that show that conversion therapy helps children. April Melton, 203 Westborn Road, asked how many people in the room believe they need to speak to each other more and have a dialogue. She explained that in 2020, a 3-judge panel of the 11th Circuit Court of Appeals affirmed a 2019 ruling that struck down Tampa's ordinance banning conversion therapy. Concluding that speech -based therapy is not medical conduct but merely the expression of a viewpoint. Ordinances were ruled unconstitutional because professionals have the right to speak to people. This ordinance and the newly proposed ordinance may still infringe on people's right to free speech. Jacob Talo, 566 Sheridan, listed the problems the city has and stated that the council is taking up issues that it does not have business being involved with. He further commented that this ordinance and ordinances like it censure speech.Janet Schuster, 210 Bourland, shared that licensed mental health counselors cannot impose their values on a patient. She pointed out that the board already has a complaint process so nothing needs to happen.John Harrell, 731 Magnolia Parkway, commented that his rights to express personal and religious views should not be silenced. Carol Teare, 1604 Audubon, commented that she is the minister for First Page 14 of 15 Page 26 of 661 Baptist and that she supports the ordinance and thanked the council for taking this stand. Lizzie Zondo, 264 Southcrest Drive, asked the council to take a stand to support an ordinance banning conversion therapy. Judy Marshall, 316 Walnut Street, commented on a number of cultural influences that had negatively affected young people in the 60's and 70's. She is thankful for therapy and counselors that did their best to redirect those that got caught up in the culture. We are currently in an era not unlike those of the 60's and 70's, only this time it is an epidemic of sexual identity confusion being pushed so hard on them in various fronts. James Allison, 3608 Kingswood PI, commented that there is no reason for the ordinance because licensing boards exist to cover all the things this ordinance says it will do. Marcella Gruver, 203 Miriam Drive, shared that she does not support the ordinance. Todd Obadal, 124 Amity Drive, shared that he does not believe the council has the authority to adopt this ordinance. Michael Bayer, 129 Prospect Circle, commented that he does not support the ordinance and shared several reasons why. Mike Knaap, 1141 Independence Avenue, commented that he supports the efforts of the city council. Al Manning, 1020 South Hill Drive, commented that his concern is for young people experiencing gender dysphoria and spoke against passing the ordinance. Mr. Grieder spoke in support of his ordinance and said that most importantly, we are going to protect kids from those who don't think they should exist, that they're nefarious, unbiblical, etc. Ms. Wilder commented she came out when she was twelve years old. She had no outside influences putting ideas in her head, she grew up going to church. This is just how she felt. She shared that she mentors kids and would never impose her beliefs on a child. She asks people to take a look at the hate that they try not to spew, that you really tend to spew. That is not Godly. Her grandmother told her that your church is in your heart and you're supposed to lead with love. A lot of the comments tonight do not lead with love. Mr. Boesen encouraged everyone to take the time to watch the work session and read the proposed new ordinance. He further requested to see the number of proven cases in Waterloo prior to the May 15 meeting. He reiterated his previous comment that numbers are not protected by HIPPA and therefore the information should not be difficult to get. Ms. Creighton - Smith noted that to make comments on the proposed ordinance prior to May 15, is premature and ill-advised. She commented that there were a lot of statements made that are very hurtful and asked that everyone be mindful and cognizant of the way in which we continue to promote these systems of oppression in our beliefs and comments. ADJOURNMENT Wilder/Nichols that the Council adjourn at 7:50 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 15 of 15 Page 27 of 661 a� 0 3 a, 0 0 ao ECt O.) O u u Cea Page 28 of 661 a) V) a) N (d U E 0 0^' 0) c a) s 0 N a) 0) O a 1 _ a a ms �.E�c scan 0 0a0303 Crn L a .0 _a 0 C N N N F0 (n 0 (� a) -o c L C a 'p Y u 'O a) C+) (n 0 C CZ a N en _c O = N co 03 a4- rn c �•0) E ° a) }' a ....7..c U C N 0 = N a) 1 ifs co RCN a = rn t a o a) Cl .- ' cc4 O c C 03 M to C c E a) O c a Y +3 A E L a a) O OU a)a a.c a) - a ` _0 Do o s o�. c�"=aim E a .o o cn -c_ a 'ca a)ac1:3 �o ` '; a o r o 4 n a) a a) - 0 CA 2 eL E N co� _c . 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O G" y� ` DE w2 . :-(9 4 -64° 6A1 4' 9 t ' - : -: O O U t O p �� cn a) •a> O U O� O-. w O •sx, '+ o o a, °3• 3 o ° a) -0Pi , u op o 0 0 im 03 0; .� 0 col Q U ig 'O ii '0 0 M >, 0 sue. a)ril •a) + . a f ., o PO I. +-+ 54+ at0 y U +�- •U bA g �O. bcn A NOf, •. , O , �, t) a) .b crf O O (111 0 U a) 4-� O 0 03 ►Ti N f� N N �w N O o ate) v a) ca Works Association ° 0 a) U Page 31 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as June 5, 2023, for the sale and conveyance of City property located at 217 Reed Street, in the amount of $11,000, to Kevin E. Roase and Michelle L. Rose, with a development agreement, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo obtained title to 217 Reed Street by 657A court action. The home was deemed to be in adequate condition that it could be rehabilitated, so the City of Waterloo sent out a Request for Proposals to over 20 individuals asking for proposals to purchase and rehabilitate the home. We received one proposal from Kevin and Michelle Rose, who propose to purchase the property for $11,000 and complete the rehabilitation of the home, with an estimated expense for the rehab of $46,300. NEIGHBORHOOD IMPACT This request will have a positive impact on the neighborhood by facilitating the rehabilitation of the home, which had been abandoned and become dilapidated. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 32 of 661 LEGAL DESCRIPTION Lot No. Five (5) in Block No. Six (6) in East Park Place in the City of Waterloo, Iowa. ATTACHMENTS 1. 217 Reed St Development Agreement 2. 217 Reed St Proposal Kevin and Michelle Rose 3. 217 Reed St Proposal suplamental info Page 33 of 661 Preparer: Christopher S. Wendland. P.O. Box 596, Waterloo. Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of I'3'I c.- / 7 , 2023, by and between Kevin E. Rose and Michelle L. Rose (collectively, "Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer is willing and able to finance and rehabilitate an existing property located at 217 Reed Street, Waterloo, Iowa (the "Property"), legally described as set forth on Exhibit "A" attached hereto. B. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that rehabilitation of the Property is in the best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of $11,000.00 (the "Purchase Price"), of which $1,000.00 shall be paid in certified funds to City to be held in trust as earnest money and applied at closing to the Purchase Price. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey Page 34 of 661 title to Developer until Developer delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Developer agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Developer shall rehabilitate the existing structure(s) on the Property for single-family residential purposes and make other improvements to the buildings and grounds (collectively, the "Improvements"). Improvements are generally described on Exhibit "B" attached hereto. The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all other work to make the project site usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to cause the Project to be undertaken and to rehabilitate the Property in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Developer, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin construction of the Improvements within six (6) months from the date of that it receives title to the Property from City (the "Project Start Date"), and Substantially Complete rehabilitation within fourteen (14) months thereafter (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the rehabilitation Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. If Developer does not Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 13, and City shall then have no further obligation under this Agreement. In any circumstance where Developer's progress on the Project fails to 2 Page 35 of 661 meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Developer shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney -in -fact. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Developer's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Reserved. 6. Utilities. Developer will be responsible for obtaining or extending water, sewer, telephone, electricity, gas and other utility services to any location on the Project Site and for payment of any associated connection fees and costs of usage after the date of conveyance from City. 3 Page 36 of 661 7. Additional City Incentives. In addition to the other incentives provided by City to Developer under this Agreement, City agrees to provide the following assistance to facilitate the Project: A. Partial Purchase Price Refund. Within thirty (30) days after Developer has Substantially Completed the Improvements and has obtain final inspection on all permits obtained for the Project, City will refund $5,000.00 of the Purchase Price to Developer. B. Grant. Concurrently with partial refund of the Purchase Price pursuant to paragraph A above, City will make a $5,000.00 infill housing incentive grant to Developer. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Developer agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's completion of the Improvements and of which Developer notifies City before Developer executes any such mortgage. Developer may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 9. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. This Agreement has been duly and validly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Developer that is enforceable in accordance with its 4 Page 37 of 661 terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. B. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. C. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the rehabilitation Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. E. Developer (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a 5 Page 38 of 661 bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. 13. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Developer before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Developer that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 14. Indemnification. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project site or 6 Page 39 of 661 resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. The provisions of this Section shall survive the expiration or termination of this Agreement. 15. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of. Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. Notices.. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at 300 Blowers Avenue, Waterloo, Iowa 50703. 7 Page 40 of 661 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (li) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 8 Page 41 of 661, 4:', 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DEVELOPER By: Cf(e) Quentin M. Hart, Mayor Kevin E. Rose Attest: OellezZoK6we: Kelley Felchle, City Clerk Michelle L. Rose 9 Page 42 of 661 EXHIBIT "A" Legal Description of Property Lot No. Five (5) in Block No. Six (6) in East Park Place in the City of Waterloo, Iowa. Page 43 of 661 EXHIBIT "B" Description of Improvements Page 44 of 661 Rose painting INC. DBA KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name / Address Kevin and Shelley hose 300 Blowers Ave Waterloo la 30703 Estimate Date Estimate # 4/14/2023 183 ' Project Description Qty Cost Total 217 Reed St. Waterloo, We will refurbish this house for resale. Starling with tearing oft' existing roof and replacing any rotted sections as necessary. We will apply new edging, ice barrier, underlayment and top It off with new vents and asphalt architectural shingles. Owens corning material. Wo will remove all interior debris including loose and falling plaster , carpet and wood flooring , appliances. Second floor area corn board wall finish to be removed and any insulation in attic areas removed. Continuing with cleaning dusting washing, mopping and air purifiers running. we will treat any mold spots, or remove affected areas. We will remove trees growing around foundation, rake the yard and re -seed for healthy lawn. We will replace existing rotting shed with new maintenance free assembly by Suncast from menards. We will replace exisling windows with (Heartland) energy windows, with grills inside glass to mimic existing. interior dark stale to match and white exterior. One interior window trim to be replaced that matches existing. We will replace any broken or missing gutters , siding and soffit pieces. including overhead garage door frame. Plumbing allowance however some plumbing has been updated already the water heater needs replaced along with kitchen sink and faucet. Replace bathroom .tub drain as this is an old lead trap. Estimate included Eleclrlcal all new light fixtures throughout , smoke alarms brought up to code. estimate included. Insulation, we will replace missing Insulation with faced bait rolls and blow in insulation attic areas 2,500.00 0.00 0.00 100.00 1,200.00 3,300.00 250.00 2,100.00 30,000.00 500.00 2,500.00T 0.00T O.00T 100.00T 1,200.00T 3,300.00T 250.00T 2,100.00T 30,000.00T 500.00T Subtotal Sales Tax (0.0%) Total Page 1 Page 45 of 661 Rose painting INC. DBA KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name ! Address Kevin and Shelley Rose 300 Blowers Ave Waterloo Ia 50703 Estimate Date Estimate # 4/14/2023 183 Project Description Qty Cost Total Install sheet rock on areas to be repaired , some ceilings to have full overlay. 2nd floor to be sheet rocked . tape and mudd all walls and ceilings, sand smooth for new spray texture. We will spray prime and paint 2 coats finish on ceiling and walls throughout including garage and basement. (Note basement walls to receive waterproofing paint.). All cabinets and woodwork 10 be lightly stained, seated and 2 coats of urethane applied. all material products by Pittsburgh paints. Install all new flooring- Carpet and pad in all bedrooms and steps. Kitchen bath, living room and hallway 10 be LVL glue down flooring. Install new baseboards to match original Replace front steps with new pre cast concrete steps Re use existing railing. Garage walk in door to be replaced with new steel insulated Building permit 1,000.00 1,000.00 2,500.00 1,100.00 250.00 500.00 0.00 1,000.00T 1,000.00T 2,500.00T 1,100.00T 250,OOT 500.00T 0.00T Subtotal $46,300.00 Sales Tax (0.0%) woo Total $46,300.00 Page 2 Page 46 of 661 City of Waterloo Property Offer to Bid Form Property to be bid upon: 217 Reed Street Name(s) in which property would be transferred: r\ gcsdt cuvt ckd Transfer Form: (AM C MrvA00 (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: \AV) P\ OS Address of bidder: 3 0 [31 W er_S fi cA4e- 6) 70 3 Phone & e-mail of bidder: 3O //0 / Adf 5e 6.0)15)-1,- ack 01 a 9 vi,cti c-c My offer for this property is: $ Minimum bid of $5,000. Proposals less than minimum will not be considered $1,000.00 earnest fee required. Indicate certified check or money order: C (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: -11-0-CAVICI e4iv\-0-1-e _Cy -tot\ 'OA 1-Y5 01, PA1 e,,h jj' ht. ill. )e.0Y 6e, Furthermore, I understand the zoning designation of the property and, understand the zoning and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of fourteen (14) months and other development provisions. Signature of applicant/proposer * Please Place this sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid. Page 47 of 661 Rose painting INC. DBA Estimate KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name / Address Kevin and Shelley Rose 300 Blowers Ave Waterloo la 50703 Date Estimate # 4/14/2023 183 Project Description Qty Cost Total 217 Reed St. Waterloo, We will refurbish this house for resale. 2,500.00 2,500.00T Starting with tearing off existing roof and replacing any rotted sections as necessary. We will apply new edging, ice barrier, underlayment and top it off with new vents and asphalt architectural shingles. Owens corning material. We will remove all interior debris including loose and falling plaster 0.00 0.00T , carpet and wood flooring , appliances. Second floor area corn board wall finish to be removed and any insulation in attic areas removed. Continuing with cleaning dusting washing, mopping and air purifiers running. we will treat any mold spots, or remove affected areas. 0.00 0.00T We will remove trees growing around foundation, rake the yard and re -seed for healthy lawn. 100.00 100.00T We will replace existing rotting shed with new maintenance free assembly by Suncast from menards. 1,200.00 1,200.00T We will replace existing windows with (Heartland) energy windows, with grills inside glass to mimic existing. interior dark stain to match and white exterior. One interior window trim to be replaced that matches existing. 3,300.00 3,300.00T We will replace any broken or missing gutters , siding and soffit pieces. including overhead garage door frame. 250.00 250.00T Plumbing allowance however some plumbing has been updated already the water heater needs replaced along with kitchen sink and faucet. Replace bathroom .tub drain as this is an old lead trap. 2,100.00 2,100.00T Estimate included Electrical all new light fixtures throughout , smoke alarms brought up to code. estimate included. 30,000.00 30,000.00T Insulation , we will replace missing insulation with faced bait rolls and blow in insulation attic areas 500.00 500.00T Subtotal Sales Tax (0.0%) Total Page 1 Page 48 of 661 Rose painting INC. DBA Estimate KEVIN ROSE CONSTRUCTION 300 Blowers Ave. Waterloo, IA 50703 Mobile 319/290/4619 Name / Address Kevin and Shelley Rose 300 Blowers Ave Waterloo la 50703 Date Estimate # 4/14/2023 183 Project Description Qty Cost Total Install sheet rock on areas to be repaired , some ceilings to have full overlay. 2nd floor to be sheet rocked . tape and mudd all walls and ceilings, sand smooth for new spray texture. 1,000.00 1,000.00T We will spray prime and paint 2 coats finish on ceiling and walls throughout including garage and basement. (Note basement walls to receive waterproofing paint.). All cabinets and woodwork to be lightly stained, sealed and 2 coats of urethane applied. all material products by Pittsburgh paints. 1,000.00 1,000.00T Install all new flooring- Carpet and pad in all bedrooms and steps. 2,500.00 2,500.00T Kitchen bath, living room and hallway to be LVL glue down flooring. Install new baseboards to match original Replace front steps with new pre cast concrete steps Re use existing railing. 1,100.00 1,100.00T Garage walk in door to be replaced with new steel insulated 250.00 250.00T Building permit 500.00 500.00T 0.00 0.00T Subtotal $46,300.00 Sales Tax (0.0%) woo Total $46,300.00 Page 2 Page 49 of 661 217 Reed St. Waterloo 1 message Rick Foulk <rickf@cedarvalleyelectric.com> Tue, Apr 18, 2023 at 9:46 AM To: kevinroseconstruction@gmail.com <kevinroseconstruction@gmail.com> Kevin, I talked to Rick Dumler. A good budget number for service, bringing house up to code for electrical, etc. would be an allowance of $30,000.00. Actual work to be completed at time and material rates $131/hr. for 1-Journeyman and 1-Apprentice plus material. Thanks Rick Page 50 of 661 CURRAN PLUMBING INC. 314 Columbia Cr. Waterloo Iowa 50701 (319)-233-0353 Kevin Rose 300 Blowers Waterloo IA Job: 217 Reed April 19, 2023 Our price to provide and install the items on the attached page will be $2,033.82. The price includes labor, permits and material for the work. We require half of the estimate before beginning the work. If you have questions on this estimate please call me at 319-233-0353. Thank you, Rod Curran Curran Plumbing, Inc. Page 51 of 661 r-lFn 1 c.vcu I [..r�tai III I1 IIIF I IIIIII IIII II I1IIIIIIIIII II 319234U20b p.2 Quotation 614 MCDONALD SUPPLY WATERLOO 3310 UNIVERSITY. AVENUE WATERLOO IA 50701-2006 319-234-6853 Fax 319-433-3402 ()ME T0: CURRAN PLUMBING" 314 COLUMBIA CIRCLE WATERLOO, IA 50701-3032 TO 04/17/23 S018906305 OUOIED BY: Eta N.crionxtn SUPrLY WATTNWQ 1)16 UNIVERSITY AVENUE RAT°RLW IA 56701-2E66 319-234.6853 Fax 319-431-38e2 1 of 1 Printer! 10:26:14 17 APR 2023 SHIP TO: CURRAN PLUMBING 314 COLUMBIA CIRCLE WATERLOO, IA 50701-3032 319--233-0353 [HiQiO Ft112 ..: EOS!NM.PitAEHWpRElWPt G[iSTAlitR i2EsE_ I1Ei> : SAi.ESPEifSft{ .. ;. 217 REED ST HOUSE ACCT ..,„ _ . . Si#XP : T"A 1EXP1RitT10PFi [k4i Fii of .6LLO4if; Kristine Lubben OT OUR TRUCK 20 10TH PROX NET 25TH 06/01/23 Nv Qt€0 W( ', PA ' ;: 0Esc rPT2::::... •:. ::11ek kT .: ...::. ' .. .:Est PIE ; 21.7 ,REED REMODEL lea 1203030 RHEEM 641324 PROG40-38N--RH62 40GAL TALL CLASSIC NAT GAS 38KBTEJ WTR HTR TO 8400 ELEV NAECA III 6 YEAR TANK/PARTS 611/2H 19D lea 773270 DELTA 400-DST CHROME 1.8 GPM 414 CENTERSET DM SGL LEVER HDL KITCHEN FCT" lea 934167 DELTA 2523LF-MPU CHROME 1.2 GPM 3H 4 IN. CENTERSET DM DBL LEVER HDL BATH FCT W/ POP-UP DRAIN lea 399038 DELTA T13420 POL CHROME CLASSIC 1.75 GPM 3H WM SGL LEVER HDL MONITOR T&S TRIM WATERSENSE lea 411307 DELTA R10000-UNBX 1/2 UNIV MULTICHOICE T&S RGH VLV lea 4027 WATCO 500-LT-PVC-CP 10 TO 14-1/2X4-3/4 TO 7-1/2 POL CHROME PVC LIFT & TURN BATH W&O lea 731 MANSFLD 130 WHT ALTO 12RI RF TOILET BOWL lea 726 MANSFLD 160 WHT ALTO 1.6GPF LH TOILET TANK lea 986741 MAINLINE ML70000 WHT ROUND FRONT PLAS CLOSED FRONT TOILET SEAT W/ COVER & TOP TIGHTENING HINGE TAXES NOT INCLUDED Prices contained in this quote ate the prices in effect at the time of quctatton. and are subject to cnatge ac any tabe, We are not responsible tor inaccurate quantity descriptions. Quantities 5hctiid be checked against plans and specifications-Eor accuracy. Special. order material is non cancellable. We are not responsible for delays not within our control. Page 52 of 661 , A 111 Page 53 of 661 • Page 54 of 661 Page 55 of 661 44A CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jesse Gaherty, Director Waste Management Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving support for submission of Intended Use Plan for CIPP Phase IVB, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Recommend approval of resolution supporting submittal of Intended Use Plan CIPP PH IVB project SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES SRF Funding ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. CIPP PH IVB SRF Page 57 of 661 Letter of Transmittal TO: Jesse Gaherty Collections System/Project Director City of Waterloo WMS 3505 Easton Avenue Waterloo, IA 50702 WE ARE SENDING YOU: ❑x Attached ❑ Shop Drawings ❑ Copy of Letter ❑ Prints ❑ Change Order A=GOM DATE: May 1, 2023 JOB ID NO. 60682318 ATTENTION: RE: Collection System Improvements - CIPP Phase IVB Waterloo, Iowa ❑ Under Separate Cover Via ❑ Plans ❑ Samples the Following Items: ❑ Specifications Copies Date No. Description 1 IUP Application 1 Construction Permit Schedule A 1 SRF Environmental Review Checklist 1 Socioeconomic Assessment Worksheet 1 Facility Plan THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For Approval ❑x For Your Use ❑ As Requested ❑ For Review and Comment ❑ For Bids Due 20 ❑ Approved as Submitted ❑ Approved as Noted ❑ Returned for Corrections ❑ Resubmit Copies for Approval ❑ Submit Copies for Distribution ❑ Return Corrected Prints ❑ Prints Returned After Loan to Us REMARKS: Mr. Gaherty --- Attached are the IDNR documents for the CIPP PH IVB project to be put on the City Council Agenda. If approved, please have Mayor Hart sign the last page of the IUP and return it to me. I need to submit to IDNR by 06/01/2023. If you have questions or need additional information, please contact me at 319-296-6878. Thank you. COPY TO: SIGNED: 501 Sycamore Street, Suite 222 If enclosures are not as noted, kindly notify us at once. P.O. Box 1497 • Waterloo, Iowa 50704-1497 Christopher G Oelkers, PE • (319) 232-6531 • Fax: (319) 232-0271 Page 58 of 661 CLEAN WATER STATE REVOLVING FUND INTENDED USE PLAN (IUP) APPLICATION The application for inclusion on the Clean Water State Revolving Fund (CWSRF) IUP can be submitted only when the wastewater project is at the right stage of the construction permitting process. This numbered list outlines the requirements of the permitting process that must be met prior to submitting an IUP application. It also identifies the materials and information needed to complete the IUP application. Please follow the preliminary steps and proceeding instructions to make sure your application is complete before submitting it. PRELIMINARY STEPS FOR IUP APPLICATION SUBMISSION Enter the following information here: 1. Applicant Name: City of Waterloo, Iowa SRF STATE REVOLVING FUND 2. DNR Number (e.g. W2014-#### or 52014-####): W2023-0164A 3. DNR Project Manager Name: Larry Bryant, PE 4. Project Name/Identification: CIPP Phase IVB 5. Project Initiation Meeting Held (enter meeting date): 01/30/2023 6. Flows and Loads Concurrence by DNR (enter date or N/A): NA a. If N/A, state reason: 7. Wasteload Allocation Completed (enter date or N/A): NA 8. Antidegradation Alternatives Analysis Approved by DNR (enter date or N/A): NA 9. Facility Plan Submitted with IUP Application (choose Yes or Previously Submitted): ❑X Yes n Previously Submitted a. If previously submitted, enter date submitted: b. If previously submitted, enter certification date: 10. Iowa Construction Permit Application Schedule A Submitted with IUP Application (enter Yes or No; previously submitted): 11. Iowa Construction Permit Application Schedule F and G submitted with IUP Application (choose Yes, N/A, or Previously Submitted): Ensure that your IUP application includes the following (all boxes must be checked) 12. Socioeconomic Assessment Worksheet attachment included with application 13. IUP Application signed 14. UEI Number included 15. Property Assurance Form signed and dated 16. SRF Environmental Review Checklist and Attachment included with application ❑X Yes ❑ Yes Submission Instructions: n D• o not submit a single file that includes all requested documents. n E• ach requested document must be submitted as an individual, separate document. n E• ach document must be titled using the following naming convention: ❑ Previously Submitted ❑X N/A ❑ Previously Submitted Document Name Required Name/Title Structure Example IUP Application ApplicantName_IUPApplication Waterloo_IUPApplication Environmental Review Checklist ApplicantName_ERChecklist Waterloo_ERChecklist 01/2023 cmc INVESTING IN IOWA'S WATER www.iowasrf.com DNRIFyp�'m.S¢'16 1 Document Name Required Name/Title Structure Example Socioeconomic Assessment Worksheet ApplicantName_SAWorksheet Waterloo SAWorksheet — Facility Plan ApplicantName_FacilityPlan Waterloo_FacilityPlan Iowa Construction Permit Application Schedules A, F and G ApplicantName_ScheduleX Waterloo_ScheduleA Waterloo_ScheduleF Waterloo_ScheduleG Environmental Review Supporting Materials ApplicantName_ERSupplement_No._ *number each additional document sequentially Waterloo_ERSupplement_No.1 *Your application will not be considered complete or acceptable if items 1 through 16 have not been completed and/or included. See instructions below for additional guidance. 01/2023 cmc INVESTING IN IOWA'S WATER www.iowasrf.com DNRi c e5V0 61 661 CLEAN WATER STATE REVOLVING FUND INTENDED USE PLAN (IUP) APPLICATION INSTRUCTIONS ITEMS 1— 11: Wastewater Construction Permitting The Clean Water SRF Intended Use Plan Application will only be accepted when Items 1 through 11 have been completed through the Wastewater Construction Permitting Process of the DNR Wastewater Engineering Section. Please refer to the Wastewater Permitting Process Manual for detailed information on these steps. SRF STATE REVOLVING FUND 1. Applicant Name: Enter the name of the applicant who is requesting SRF funding. 2. DNR Number (e.g. W2014-#### or S2014-####): All wastewater construction projects are assigned unique numbers for tracking by DNR. A number beginning with W and the fiscal year indicates a Work Record. A number beginning with S and the fiscal year indicates a Project. 3. DNR Project Manager Name: A project manager from the DNR Wastewater Engineering Section is assigned to each project. 4. Project Name/Identification: A brief title/description of the project from Design Schedule A, General Information. The project description must fall under the project scope established at the project initiation meeting. An accurate description is necessary because multiple construction contracts may have the same project numbers. 5. Project Initiation Meeting Held (date): A project initiation meeting must be held with the DNR, Owner, Consulting engineer (licensed professional engineer), and other parties. 6. Flows and Loads Concurrence by DNR (date): If flows and loadings will change due to the project, the DNR Project Manager must concur with the proposed design flows and loadings prior to preparing the Facility Plan. If answer is n/a, state the reason. Example: previously approved flows and loadings remain unchanged. 7. Wasteload Allocation Completed (WLA) (date): If a Wasteload Allocation is required for the project, it must be must be completed by the DNR and received by the Owner before preparing the Facility Plan. Enter "N/A" if WLA is not required for the project. 8. Antidegradation Alternatives Analysis (AAA) Approved by DNR (date): If an antidegradation alternatives analysis is required for the project, it must be approved by the DNR Project Manager before the Owner prepares the Facility Plan. Enter date of DNR approval of the AAA. If a Facility Plan is submitted prior to DNR approval of Antidegradation Alternatives Analysis, it will not be accepted for review. Enter "N/A' if AAA is not required for the project. 9. Facility Plan Submitted with IUP Application: After completing all applicable planning steps as discussed above, the Facility Plan may be submitted to DNR. Answer "Yes" if a Facility Plan is submitted along with the IUP application: a. If a Facility Plan was previously submitted, enter the date submitted. b. If the Facility Plan was previously submitted, enter the date of certification by a licensed professional engineer. Facility Plan submissions shall follow Chapter 11 of the Iowa Wastewater Facilities Design Standards. All engineering submittals shall follow all applicable law and rule related to submitting engineering documents by licensed professional engineers. Electronic submittals are acceptable as long as they are in compliance with all applicable law, including but not limited to Iowa Code 542B and Iowa Administrative Code 193C. 10. Iowa Construction Permit Application Schedule A: Design Schedule A must be certified by both the Owner and the Consulting Engineer (licensed professional engineer). It is required and must be submitted for all wastewater projects. Schedule A must indicate that Clean Water SRF financing will be requested to be considered as part of this IUP application. 11. Schedules F and G (if needed for the project): Schedule G provides Wastewater Treatment Plant project design information and Schedule F provides site information for treatment process site selection. Enter "N/A" if these schedules are not needed for the project. 01/2023 cmc INVESTING IN IOWA'S WATER www.iowasrf.com DNRIFypd.'m.S/ 1M.066.1 Items 12- 16: Additional SRF Requirements for a Complete Application: 12. Socioeconomic Assessment Worksheet must be completed and included as an attachment with the IUP application. The worksheet can be found on the lowaSRF.com website, SRF Resources page under General Information: https://www.iowasrf.com/about srf/srf-resources/ 13. IUP Application Signed: The Intended Use Plan application must be signed by the Applicant's authorized representative. Printed or electronic signatures are accepted. 14. UEI Number Included: The U.S. Federal Government has transitioned from using a Dun and Bradstreet Number (DUNS) to using a Unique Entity Identifier (UEI). Entity refers to prime contractors, organizations or individuals applying for assistance awards, those receiving loans, sole proprietors, corporations, partnerships, and any Federal Government agencies desiring to do business with the government. You can register your entity to obtain a Unique Entity ID here: https://sam.gov/content/entity-registration 15. Property Assurance Form Signed: This form is required to be signed and dated regardless of whether or not the Applicant currently intends to purchase land using SRF funds. 16. SRF Environmental Review Checklist and Attachments Completed and Submitted: The ER checklist outlines the information needed to start the SRF ER Services. The environmental review checklist can be obtained here: https://www.iowasrf.com/about srf/srf-resources/ Complete the requested information in the following sections to the best of your ability. Please print or type the information on the form. If a particular item does not apply to your system, enter "N/A" for "not applicable." Attach supporting documentation as needed. Keep a copy of the completed application for your records and submit the signed form and supporting documents to the following e-mail address: srf-iup@dnr.iowa.gov 01/2023 cmc INVESTING IN IOWA'S WATER www.iowasrf.com DNR1Fyp�'m.S#216 1 CLEAN WATER STATE REVOLVING FUND INTENDED USE PLAN (IUP) APPLICATION FORM This form may be used to apply for inclusion on the project priority list (PPL) of the Clean Water SRF IUP after or concurrent to submitting the Facility Plan to DNR for approval. IUPs are developed on an annual basis with quarterly updates as needed. *This form is not an application for a loan. SRF loan application materials may be obtained at www.lowaSRF.com. The loan application should not be completed until after bids are received. Extended term financing (up to 30 years) is available to all projects based on the weighted average useful life of the project components. See Exhibit 14 - CWSRF Extended Term Worksheet *Applicants will be required to comply with all applicable State and Federal requirements in order to be eligible to receive SRF funding. A list of these requirements can be found at: https://www.iowasrf.com/about srf/srf-resources/ Section 1: Applicant and Other Project Contacts Applicant Name: City of Waterloo Applicant Address: City: Waterloo 715 Mulberry Street Authorized Representative: Telephone Number: Signature: Quentin Hart State: Iowa Zip: 50702 319-291-4301 E-mail: mayor@waterloo-ia.org UEI Number: QFUUVJ8QTDN3 Population Served by System: 49,000 NPDES Number: 0790001 Title: Mayor Consulting Engineer Firm: AECOM Population Served by Project: 2000 Contact Person: Chris Oelkers Telephone Number: 319-232-6531 Bond Counsel Firm: Ahlers Cooney E-mail: christopher.oelkers@aecom.com Contact Person: Kristin Billingsley Cooper Telephone Number: 515-246-0330 *Municipal Advisor Firm: Speer Financial, Inc. E-mail: kcooper@ahlerslaw.com Contact Person: Maggie J. Burger Telephone Number: 319-291-2077 E-mail: mburger@speerfinancial.com *Required at time of application Section 2: Project Schedule Anticipated final plans and specifications submittal date: August 31, 2023 Anticipated construction start date: Fall 2023 or Spring 2024 01/2023 cmc INVESTING IN IOWA'S WATER www.iowasrf.com DNRl5:064°661 Section 3: Brief Project Summary (Attach additional pages if necessary.) Describe the reasons for the proposed project: (i.e. specific water quality problem or system improvement) The city was issued a Consent Decree by the Environmental Protection Agency (EPA) and the State of Iowa due to Sanitary Sewer Overflows (SSOs) and sewer bypasses that the city has experienced. The overflows and bypasses are likely caused by inflow and infiltration which is caused, in part, by the deteriorated collection system. Service Areas 12, 13 and 14 have been identified via sewer televising as the area's most in need of sewer rehabilitation. Describe the proposed project: (i.e., specific solution to the water quality problem, or proposed system improvement) Cured -In -Place Pipelining for deteriorated sanitary sewer segments in Service Areas 12, 13 and 14 based on CUES scores obtained during regular cleaning and televising by City of Waterloo Staff. Existing manhole rehabilitation by concrete lining, joint grout injection and chimney seals. Primary Impacted Waterbody: Cedar River Designated Surface Water Uses (e.g. Al, BWW): Al, BWW1, HH Project Will Contribute to Water Quality... (check one) n Improvement n Maintenance n Not Applicable Project Will Allow the System to... (check one) n Achieve Compliance n Maintain Compliance n Not Applicable Project Will Allow the System to Address... (check all that apply) ❑ Existing TMDL ❑ Projected TMDL ❑ Watershed Management Plan Not Applicable Does your project involve a consolidation of two or more wastewater systems? (check one) ❑ Yes // No If yes, list systems and populations served: Section 4: Connection & User Revenue Information (most recent fiscal year) Number of Connections Percent of System Usage Annual Revenue Residential Commercial Industrial Other U nmetered Total Number of Connections: Total Revenue: 01/2023 cmc INVESTING IN IOWA'S WATER www.iowasrf.com DNRiFypd.'m.St41M.066 1 Section 5: Project Cost Cost Category Estimated Total Cost in $ Legal Expenses 10,000 Land and Easements + 0 Engineering Planning Fees + 0 Engineering Design Fees + 120,000 Engineering Construction Fees + 100,000 Construction + 2,200,000 Equipment + Other: + Other: + PROJECT SUBTOTAL = 2,430,000 Contingencies + 57,562 Planning and design loan proceeds, if rolling into construction loan + Less Any Funds Requested from Other Sources - LOAN SUBTOTAL = 2,487,562 Loan Initiation Fee (Loan Subtotal x .005) + 12,438 TOTAL IUP REQUEST (Round to the nearest $1,000) = 2,500,000 Which other funding programs are you considering to assist in completion of this project? (Check all that apply) Funding Program Yes No Amount (If Known) Community Development Block Grant (CDBG) ❑ X USDA — Rural Development Grant and/or Loan ❑ X Reserve Funds ❑ X Other —Specify: ❑ X 01/2023 cmc INVESTING IN IOWA'S WATER www.iowasrf.com DNRIFyp�.'m.S#51.M.066 Section 6: Acquisition of Property by SRF Applicants US ENVIRONMENTAL PROTECTION AGENCY ASSURANCE WITH RESPECT TO REAL PROPERTY ACQUISITION OF TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 AS AMENDED The City of Waterloo (Applicant) hereby assures that it has authority under applicable State and local law to comply with Section 213 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 1894 (42 U.S.C. 4601) as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, Title IV of Public Law 100-17, 101 Stat. 246-256 (42 U.S.C. 4601 note) and 49 CFR 1.48(cc); and certifies, assures and agrees that, notwithstanding any other provision set forth in the application. 1. For projects resulting in the displacement of any person: a. It will adequately inform the public of the relocation payments and services which will be available as set forth in Subparts A, C, D and E of 49 CFR 24. b. It will provide fair and reasonable relocation payments to displaced persons as required by Subparts D and E of 49 CFR 24. c. It will provide a relocation assistance program for displaced persons offering services described in Subpart C of 49 CFR 24. d. Comparable replacement dwellings will be available pursuant to Subpart F of 49 CFR 24, or provided if necessary, a reasonable period in advance of the time any person is displaced. e. In acquiring real property, it will provide at least 90 days written notice to each lawful occupant of real property acquired, stating the date such occupant is required to move from a dwelling or to move his business or farm operation. 2. For projects resulting in the acquisition of real property: a. It will fully comply with the requirements of Subpart B of 49 CFR 24. b. It will adequately inform the public of the acquisition policies, requirements and payments which apply to the project. c. It will make every effort to acquire real property expeditiously through negotiation. d. Before the initiation of negotiations, it will have the real property appraised and give the owner or his representative an opportunity to accompany the appraiser during inspection of the property, except as provided in 49 CFR 24.102(c)(2). e. Before the initiation of negotiations, it will establish an amount which it believes to be just compensation for the real property, and make a prompt offer to acquire the property for that amount; and at the same time, it will provide the owner a written statement of the basis for such amount in accordance with 49 CFR 24.102. f. Before requiring any owner to surrender possession of real property it will pay the agreed purchase price; or deposit with the court, for the benefit of the owner, an amount not less than the approved appraisal of the fair market value of the property; or pay the amount of the award of compensation in a condemnation proceeding for the property. g. If interest in real property is to be acquired by exercise of the power of eminent domain, it will institute formal condemnation proceedings and not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of this real property; and h. It will offer to acquire the entire property, if acquisition of only part of a property would leave its owner with an uneconomic remnant. References to 49 CFR are citations to Title 49, Code of Federal Regulations, Part 24, published in the Federal Register Vol. 54, No. 40, March 2, 1989. This document is hereby made part of and incorporated in any contract or agreement, or any supplements and amendments thereto, relating to the above -identified application and shall be deemed to supersede any provision therein to the extent that such provisions conflict with the assurances or agreements provided therein. Legal Name of Applicant: City of Waterloo Signature of Authorized Representative: Date: 01/2023 cmc INVESTING IN IOWA'S WATER www.iowasrf.com DNRifypd es#61.M.066.1 Exhibit 11A Iowa Department of Natural Resources Wastewater Section Construction Permit Application SCHEDULE A, Construction Permit Application APPLICANT Owner: City of Waterloo, IA Address: 715 Mulberry Street, Waterloo, IA 50703 Representative: Jesse Gaherty Phone Number: 319-291-4553 Email: Jesse.Gaherty@WATERLOO-IA.ORG ENGINEER Firm: AECOM Address: 501 Sycamore St, Suite 222, Waterloo, IA 50703 Project Officer: Chris Oelkers, PE Phone Number: 319-231-6531 Email: Christopher.oelkers@aecom.com Project Identification: CIPP Phase IVB Estimated Start Date*: 10/1/2023 Estimated Completion Date: 6/30/2028 PLEASE RESPOND TO ALL QUESTIONS 1. Has an engineering report, facilities plan or other information previously been submitted for this project? If Yes: Project Identity: W2023-0164A Date Submitted: 06/01/2023 2. Does the project and construction permit application, as submitted, follow the recommendations, design loadings, construction schedule, permit limits, and conclusions of the approved engineering report or facilities plan? If No: Provide the design basis and technical information justifying all changes. 3. Are there three complete sets of plans and specifications accompanying this application? ❑ El For a minor gravity sewer extension within the meaning of 455B.183.3 Code of Iowa and Design Standard 11.1, two complete sets will be adequate for expeditious approval. For more complex projects, three sets of plans and specifications may be requested. 4. Are approved standard specifications a part of this application? If Yes: Approved Standard Specifications of (municipality or firm): 2023 SUDAS Date Approved: 12/9/22 Yes No ® ❑ ® ❑ 5. Does each set of plans and specifications or engineering report accompanying this application contain a ❑ El "professional engineering seal" executed in conformance with 542B.16, Code of Iowa? If No: Processing will be delayed pending receipt of applicable design schedules and certified plans, specifications or engineering report. 6. Is this a joint wastewater and water supply project? ❑ If Yes: A construction permit application for the water supply project should be submitted separately to the Water Supply Section. A Water Supply permit fee may be required. 7. Is the applicant to provide treatment of effluent resulting from this construction? ® ❑ If No: A Sewage Treatment Agreement executed by the authority providing treatment must accompany this form. 8. Is a new or amended operation permit necessary to use the facilities described in this application? ❑ If Yes: A new or amended permit to operate may be requested prior to the receipt of a construction permit. 9. Is any waterline located within 10 feet; or any private or public well, lake, or public recreation area located within 400 ❑ feet of the proposed construction? If Yes: Identify and locate the facility(ies) relative to the proposed construction. 10. Will construction inspection be conducted by a licensed engineer employed by the applicant? ❑El If No: Name of Engineering Firm Conducting Inspection: AECOM 11. Will this project utilize CWSRF loan funds? ® ❑ CERTIFICATION APPLICANT ENGINEER I certify that I am the authorized representative of the owner and I certify that all aspects of the design included in this application state that the project identified above is approved by the owner. conform to applicable standards contained in Chapter 567 IAC 64, or that an explanation and justification for any proposed variations from such standards is attached. I am familiar with the information contained in this application and, to the best of my knowledge, y such information is complete and accurate. Signature C / Date 4-25-23 Signature Date 4-25-23 *Estima Construction Start D e: Complete applications must be submitted at least 120 days in advance of the date for starting constru ion in accordance with Rules 567 IAC 60.4 and 64.2 Please complete the Schedule Checklist on the following page of this form. 04/2016 cmc L:\DCS\Projects\WTR\60682318_CIPP_Ph_IVA3\400_Technical\415_ PH IVB SRF\IUP\02 - IDNR-CIPP PH IVB - Waterloo_ScheduleA 5423129.dacx DNR Form 542-3129; 28A Page 67 of 661 DOCUMENT CHECKLIST Identify all categories included in this project. Also, identify schedules attached to this application. Schedul Included in e Title Attached Project Submittal Date B Collection System ❑ 0 C Lateral Sewer Extension ❑ ❑ D Trunk & Interceptor Sewer 0 0 E Wastewater Pump Station 0 0 F Treatment Project Site Selection 0 0 G Treatment Project Design Data ❑ ❑ H1 Schematic Flow Diagram 0 0 Treatment Process Loading and Removal H2 Efficiency ❑ 0 H3 Mechanical Plant Reliability 0 0 I Screening, Grit Removal and Flow Measurement 0 0 J Septic Tank System ❑ 0 K1 Controlled Discharge Pond 0 0 K2 Aerated Pond 0 0 K3 Anaerobic Lagoon 0 0 L Setting Tanks ❑ 0 M Fixed Film Reactor -Stationary Media 0 0 N Rotating Biological Contactor 0 0 O Aeration Tanks or Basins 0 0 P Gas Chlorination 0 0 Q Sludge Digestion and Holding ❑ El R1 Sludge Dewatering and Disposal 0 0 R2 (A&B) Low Rate Land Application of Sludge 0 0 Land Application of Sewage Sludge (To be R3 developed) 0 ❑ S Land Application of Wastewater (To be developed) ❑ ❑ Sewage Treatment Agreement ❑ El Identify any categories included in this project which are not provided in the above list of schedules. Cured in Place Pipelining and Manhole Rehabilitation 04/2016 cmc L:\DCS\Projects\WTR\60682318_CIPP_Ph_IVA3\400„Technical\415_ PH IVB SRF\IUP\02- IDNR-CIPP PH IVB- Waterloo_ScheduleA 5423129.docx DNR Form 542-3129; 28A Page 68 of 661 SRF Environmental Review Checklist The following checklist outlines the information needed to start the SRF Environmental Review (ER) Services. Please provide the following to: srf-iup@dnr.iowa.gov *Environmental Review Services will not be initiated until after all items marked REQUIRED are received. Applicant Name: City of Waterloo, Iowa SRF Applicant point of contact for environmental review (name): Chris Oelkers, P.E. Telephone Number: 319-232-6531 Point of contacts role in project: Engineer Email: christopher.oelkers@aecom.com ✓ Contact information for other stakeholders in the project: STATE REVOLVING FUND ✓ The anticipated construction start date for the proposed project. (Check ALL that apply) n T• he anticipated construction start date on the current IUP application is correct. n T• he anticipated construction start date has changed from the date listed in the IUP application. • What is the new anticipated construction start date for the project? n T• he proposed project schedule is dependent on other funding source(s). • Will the construction start date be delayed if other funding is not awarded? n Yes // No n T• he proposed project schedule is dependent on an existing compliance schedule. • What is the construction start date listed in the compliance schedule? ✓ A description of the current project scope including: what is proposed to be constructed, specific construction methods that will be used, estimated dimensions (length, width, depth) of excavated areas and the proposed construction schedule if construction will be phased (REQUIRED). The city was issued a Consent Decree by the Environmental Protection Agency (EPA) and the State of Iowa due to Sanitary Sewer Overflows (SSOs) and sewer bypasses that the city has experienced. The overflows and bypasses are likely caused by inflow and infiltration which is caused, in part, by the deteriorated collection system. Service Areas 12, 13 and 14 have been identified via sewer televising as the area's most in need of sewer rehabilitation. Cured -In -Place Pipelining for deteriorated sanitary sewer segments in Service Areas 12, 13 and 14 based on CUES scores obtained during regular cleaning and televising by City of Waterloo Staff. Existing manhole rehabilitation by concrete lining, joint grout injection and chimney seals. This is a non-destructive project. There will be no digging just repairing existing facilities in place within City Easement. ✓ Will an easement be necessary for the construction of the project? n Not applicable n Yes. Please indicate the status of the easement (i.e. existing, proposed, in negotiation, finalized, etc.): ✓ Landowner permission is required for archaeological survey on private property, if needed. *Please note that archaeological survey will not begin until this permission is obtained. n Y• es, landowner permission has been obtained. Does the landowner(s) have any specific requests or requirements for archeological work to be conducted? (for example, before/after harvest)? acres n N• o, landowner permission has not been obtained at this time. • When is landowner permission anticipated to be obtained? 01/2023 cmc Page 1of3 INVESTING IN IOWA'S WATER www.iowasrf.com DNR Form 542-0618 Page 69 of 661 ✓ Indicate if any of the following ancillary impacts will result from the proposed project. (Check ALL that apply; these are required to be included on the site sketch) n A• bandonment or demolition (partial or entire) of existing building/structures n B• orrow pits n S• taging areas for equipment and materials n T• emporary and/or permanent easement areas n P• avement replacement (street, driveway, sidewalk) n N• ew access for roads/utility lines ✓ A recent aerial map with the marked boundaries of the project area. The map should also include labeled location(s) of all proposed construction boundaries (include any ancillary impacts listed above as applicable). If a specific area has yet to be defined, please mark a larger area that will include the final project area. n A• n aerial map of the project area map is included (REQUIRED): • What is the approximate size of the total project area? 3,450 acres • How much of the total project area will be impacted by ground -disturbing (excavation, grading, tree removal, etc.) construction activity? 0 acres n A • site sketch of the project area map is included with the following (REQUIRED): • All locations of ground disturbance and staging areas marked • North arrow • A minimum of one labeled street n S• hape files have been provided (ArcGIS Shape Files including all .cpg, .dbf, .prj, .shp, .shx OR Google Earth .kml/.kmz) ✓ Photos with a descriptive caption (include location & direction) of the project area showing current land use and habitat. (REQUIRED) n P• hotos with captions are included (digital files are preferred). ✓ Indicate which of the following impacts are anticipated as a result of the proposed project. (Check ALL that apply) n D• emolition, abandonment or rehabilitation of any building/structure over 50 years old. Picture(s) showing the interior and exterior facade of the building/structure should be provided. Provide the following information for each building/structure over 50 years old that will be impacted. • What year was the building/structure originally constructed? If the exact year is unknown, provide an estimate (REQUIRED). dna If the building/structure is over 45 years old, please answer the following: • Picture(s) showing the interior and exterior facade of the building/structure should be provided. • What is the visible material(s) of the roof, walls, and foundation? • Have any additions or substantial alterations to the building/structure occurred? If so, describe what was done and when. n Not applicable n B• rick sewers or street surfaces will be disturbed by construction activity. n Sewers n Manholes n Streets n Other: ❑X Not applicable • Has a historic context (including Iowa Site Inventory Forms) been prepared for the brick sewers/street surfaces? n Yes // No • Describe any planned steps to minimize adverse effect to the brick sewers/streets. 01/2023 cmc Page 2 of 3 INVESTING IN IOWA'S WATER www.iowasrf.com DNR Form 542-0618 Page 70 of 661 n Existing prairie will be disturbed by construction activity. ❑X Not applicable • How much prairie will be disturbed? acres • Has a floral study been conducted of the prairie area? n Yes ❑ No • Describe any planned steps to minimize adverse effect to the prairie. ❑ Trees (greater than 4" diameter breast height) will be removed. n Not applicable • Will tree removal occur between October 1 and March 31 to avoid impacting federally threatened or endangered bat species during the summer maternity period? n Yes n No ❑ Wetlands will be disturbed by construction activity. ❑X Not applicable • How much of the wetland area will be permanently impacted? acres • What construction method(s) are planned for the crossing? • Has a Joint Application been submitted to determine permit requirements? ❑ Yes ❑ No ❑ Planned stream/creek crossings. ❑ Not applicable • What is the name of the stream/creek crossing? Cedar River • What construction method(s) are planned for the crossing? Utilize existing bridge for aerial crossing of force main • Will excavation activity take place to the bed, bank of the stream/creek? ❑ Yes // No • Has a Joint Application been submitted to determine permit requirements? ❑ Yes // No ❑ Planned work within a mapped 100-year flood plain. ❑ Not applicable • What construction activity is planned within the flood plain? • What construction method(s) are planned for work within the flood plain? • If ground disturbance will occur, will pre -construction contours be restored after construction activity is completed? n Yes // No • Has a Joint Application been submitted to determine permit requirements? ❑ Yes // No ❑ Planned work within state or federal owned and/or managed land. ❑ Not applicable • What construction activity is planned within state/federal land? • Has a Joint Application been submitted to determine permit requirements? n Yes // No **In the interest of keeping your project on schedule, SRF recommends submitting the Joint Application as soon as plans are detailed enough to do so. n Farmland will be permanently converted to non-agricultural uses. n Not applicable • What is the total size of the farm unit(s) that contains the project area? acres • How much of the project area has been farmed (managed for a scheduled harvest, haying, pasture or timber activity) more than 5 of the last 10 years? acres • How much of the project area will be permanently converted from agricultural use as a result of the proposed project? acres ✓ Additional comments: This is a non-destructive project. There will be no digging just repairing existing facilities in place within City Easement. Existing sanitary sewer will be lined in place. Existing manholes will be rehabilitated in place. 01/2023 cmc Page 3 of 3 INVESTING IN IOWA'S WATER www.iowasrf.com DNR Form 542-0618 Page 71 of 661 Plotted: 4/24/2023, 11:01:06 AM LOGAN AVE. 1 1•1 MD al • • 1 1 1 1 1 9 1 1 ••••fr. • 1 oCt`J� 04 1 0N L••••••• 1 1• • f � '• • SA 12 ♦ • • • • ♦ MP SA 13 • ♦, • • I ♦ ♦ • • • • • • • • • 4. • • •••••••••••••••••• SA 14 • • 1 INDEPENDENCE AVENUE 1 1 1 1 1 1 O°e� 1 QG • • • • • • • • 4Ro 1 90 1 •• ♦••••••••1 al al al al al al 1M1 • I • • • • T• • • • • 4 N • 0' 500' 1000' 2000' SCALE �• PREPARED BY'. eb i FIGURE 1 PROJECT OVERVIEW CIPP PH IVB CITY OF WATERLOO WATERLOO, IOWA 501 SYCAMORE STREET SUITE 222 WATERLOO, IA. 50703-4644 1-319-232-6531 MAY 2023 60682318 A=COM Page 72 of 661 Plotted: 4/24/2023, 11:18:07 AM • • • alk GB OD in • ♦ • ♦ • \goo. 016\I!' OU ••• • •• • ♦ ♦ I\t I ' i ,•\ s , • INDEPENDENCE AVENUE I � � 1 �� 1••••1 1 1 • . > 07 8 al INI fa • > • 1 •% 1 • ♦•II ♦ 1 • ♦ 1 ♦t 1 •• • • • 1 1 1 1 1 IMP M110 IMP MI ♦ 1 ♦ ♦ ♦♦ ♦• ♦ ♦1 LEGEND FUTURE WORK RATED 40-100 0' 250' 500' 1000' SCALE FIGURE 2 SERVICE AREA 12 CIPP PH IVB CITY OF WATERLOO WATERLOO, IOWA 501 SYCAMORE STREET SUITE 222 WATERLOO, IA. 50703-4644 1-319-232-6531 MAY 2023 60682318 PREPARED BY, A=COM Page 73 of 661 Plotted: 4/24/2023, 11:36:37 AM • 1 1 Im 1 1 1 1 • 0 W I I • 1 J 1 1 1 1 ♦ ♦ ♦ ♦•` • ` • • • I ♦•` ••9 • • i I• I • ♦ • 1 • • Jam' O 1 ♦ M� 1 ♦ 1 ♦ ♦ 1 1 1 1 1 111 1 INDEPENDENCE AVENUE 1 .I ♦ ♦ ♦ 1 1 1 1 1 1 1 1 1 1 GQG 1 F LEGEND FUTURE WORK RATED 40-100 0' 250' 500' 1000' SCALE PREPARED BY, A=COM FIGURE 3 SERVICE AREA 13 CIPP PH IVB CITY OF WATERLOO WATERLOO, IOWA 501 SYCAMORE STREET SUITE 222 WATERLOO, IA. 50703-4644 1-319-232-6531 MAY 2023 60682318 Page 74 of 661 Plotted: 4/24/2023, 11:44:43 AM ID al 1 1 1 1 em.:01:88 • • •• • • • �E • �c`'9R�• Mu 1- _ • ♦ • ♦ ♦. • • al OD ID ID 11 1 1, 1 1 ••• :MI ••••al••= al• 1 O,q � DP SI- MI SO MI MI O _ • INDEPENDENCE' VENUE 1 1 1 1 1 1 1 1 OP. OD ale in 40 in 40) is co am im • •• • •• • • • LEGEND FUTURE WORK RATED 40-100 0' 500' 1000' 2000' SCALE PREPARED BY, A=COM FIGURE 4 SERVICE AREA 14 CIPP PH IVB CITY OF WATERLOO WATERLOO, IOWA 501 SYCAMORE STREET SUITE 222 WATERLOO, IA. 50703-4644 1-319-232-6531 MAY 2023 60682318 Page 75 of 661 Socioeconomic Assessment Worksheet Fiscal Year 2023 Instructions Enter or select each community that makes up the utility's service area in the blue boxes below, along with the corresponding percent of population served (must equal 100%). A weighted average for each metric will be calculated and assigned points. Example, a utility serving three communities with a combined population of 50,000 may look like this: Population Weighted Percent City A City B City C Total 25,000 50.00% 15,000 30.00% 10,000 20.00% 50,000 100.00% Percent of Population Served: Enter or Select Communities: 100.00% I 100.00% Waterloo ■ Total Service Area (Wtd. Avg.) 1 Median Household Income (MHI) $47,327 $47,327 2 Percent Below Poverty Level 17.4% 17.4% 3 Percent Receiving Public Assistance or SNAP 18.4% 18.4% 4 Percent Receiving Supplemental Security Income 6.9% 6.9% 5 Unemployment Rate (Primary County 12 mo avg) 3.6% 3.6% 6 Percent Not in Labor Force 34.5% 34.5% 7 Percent over Age 65 16.0% 16.0% 8 Population Trend (2010-2020) -1.6% -1.6% 9 Percent with High School Diploma or Less 11.6% 11.6% 10 Percent of Vacant Homes (excl. Seasonal and Vacation) 9.4% 9.4% 11 Percent Housing Cost Burdened (>= 30%of Income) 26.4% 26.4% 12 Percent Minority 29.2% 29.2% 13 Social Vulnerability Index (Primary County) 82.65 82.65 14 Assessed Valuation/Capita $60,755 $60,755 15 Outstanding Debt/Capita $1,939 $1,939 TOTAL Percent Households Below 200%Federal Poverty Level 41.0% 41.0% Lowest Quintile Income (Upper Bound)* $20,528 $20,528 * Some communities are too small to have reliable LQI data. In su h cases, the second -lowest quintile limit is us d. Points 2 2 2 2 2 2 1 2 2 2 0 1 23 Name of Applicant: CITY OF WATERLOO, IOWA State of Iowa $60,523 11.5% 10.8% 4.2% 4.1% 32.7% 16.7% 7.9% 7.9% 21.8% 14.3% A $62,300 „, A Project: CIPP PHASE IVB vs. Other Iowa Communities 1 1 1 1- 1 1 1 1- 1 4/24/2023 Page 76 of 661 AXOM Preliminary Engineering Report Collection System Improvements - CIPP Phase IVB City of Waterloo, Iowa Prepared For: City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Prepared By: AECOM 501 Sycamore Street, Suite 222 P.O. Box 1497 Waterloo, Iowa 50704-1497 May 2023 Page 77 of 661 PRELIMINARY ENGINEERING REPORT COLLECTION SYSTEM IMPROVEMENTS - CIPP PHASE IVB CITY OF WATERLOO, IOWA PREPARED FOR: CITY OF WATERLOO, IOWA PREPARED BY: AECOM MAY 2023 Page 78 of 661 CERTIFICATION COLLECTION SYSTEM IMPROVEMENTS - CIPP PHASE IVB CITY OF WATERLOO, IOWA MAY 2023 .��`0,0;r ssl+tp,,,,to ,,, `�ie-'N 0 N,q` •,�,, :tea 0 HARMANJIT . G� MALLHI . Z F.c., 1 20806 _ ��'=.,�.`�s I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the state of Iowa. 4/26/2023 Christopher G Oelkers, PE License No. 22053 Date My license renewal date is December 31, 2023. Pages or sheets covered by this seal: ALL Date Issued: Page 79 of 661 Preliminary Engineering Report Collection System Improvements - CIPP Phase IVB City of Waterloo, Iowa TABLE OF CONTENTS Page EXECUTIVE SUMMARY 1 INTRODUCTION 2 PURPOSE 2 SCOPE 2 EXISTING CONDITIONS AND PROJECTIONS 3 PLANNING PERIOD 3 POPULATION 3 EXISTING CONDITIONS 3 ALTERNATIVES AND DESIGN CRITERIA 5 PIPELINE REHABILITATION 5 CIPP DESIGN 6 MANHOLE REHABILITATION DESIGN 6 ENVIRONMENTAL ASSESSMENT 7 COST EVALUATION 7 ECONOMIC CONDITIONS AND FINANCING 7 RECOMMENDATIONS 8 IMPLEMENTATION SCHEDULE 8 REFERENCES 8 APPENDIX 1 — SERVICE AREA MAPS APPENDIX 2 — PIPE GRADING SYSTEM ILLUSTRATION APPENDIX 3 — CUES PIPE GRADING SYSTEM INFORMATION L:IDCS1Projects\WTR160682318CIPP Ph_IVA31400Technica11415 PH IVB SRF May 2023 Page 80 of 661 Preliminary Engineering Report Collection System Improvements - CIPP Phase IVB City of Waterloo, Iowa EXECUTIVE SUMMARY The City of Waterloo is the sixth largest city in Iowa and is located on the Cedar River in northeastern Iowa. The City operates a wastewater collection system that is comprised of approximately 400 miles of sanitary sewers, 9,300 sanitary manholes, 46,240 LF of force mains and 26 lift stations. The City was issued a Consent Decree by the Environmental Protection Agency (EPA) and the State of Iowa due to Sanitary Sewer Overflows (SSOs) and sewer bypasses that the City has experienced. The overflows and bypasses are likely caused by inflow and infiltration which is caused, in part, by the deteriorated collection system. The sewer system in Waterloo is divided into service areas. Service Areas 12, 13 and 14 have been identified via sewer televising as the area's most in need of sewer rehabilitation. The purpose and scope of this project is: 1. To rehabilitate sanitary sewers in Service Areas 12, 13 and 14. 2. To rehabilitate manholes that have deteriorated in Service Areas 12, 13 and 14. Various trenchless technologies were evaluated for rehabilitating sewers in Service Areas 12, 13 and 14. This included evaluation of sliplining, pipe bursting and cured -in -place pipe (CIPP). CIPP was determined to be the most suitable technology for this application. Manhole rehabilitation was also evaluated; and cementitious mortar topped with an epoxy liner was determined to be the most suitable method. The City has successfully used this method in the past to rehabilitate manholes. The City has budgeted $500,000 per fiscal year starting in FY24 to FY28 (5yrs) for a total of $2,500,000 for these improvements, these costs include legal, engineering and contingencies. As the entirety of this project is in previously disturbed areas, no environmental impact is anticipated. The project is anticipated to begin construction in fall of 2023, with anticipated completion in fall 2028. This project will include up to five phases spread over these five years. We anticipate one project per year. L:IDCS1Projects\WTR160682318CIPP Ph_IVA31400Technical\ 415_ PH IVB SRFIFacility Plan -1- May 2023 Page 81 of 661 Preliminary Engineering Report Collection System Improvements - CIPP Phase IVB City of Waterloo, Iowa INTRODUCTION PURPOSE The City of Waterloo operates a wastewater collection system that is comprised of approximately 400 miles of sanitary sewers, 9,300 sanitary manholes, 46,240 LF of force mains and 26 lift stations. The flows collected are treated at the City's Water Pollution Control Facility under National Pollutant Discharge Elimination System (NPDES) Permit No. 0790001. The collection system is classified by Service Areas (SA), see Appendix 1. There are a total of 15 SAs. The collection system and the treatment plant are operated by the City's Waste Management Services Department. The City has experienced SSOs and bypassing during wet weather events, which led to the City being issued a Consent Decree (CD) by the EPA and the State of Iowa. Inflow and Infiltration (I&I) are the primary causes of the SSOs and bypasses. As part of the CD, the City is required to assess the condition of the collection system. This assessment (conducted via sewer televising), it was determined that the next priority should be given to SA 12, SA 13 and SA 14. The City previously lined the sewers in Service Areas 15, 16 and 19 under the previous SRF IUP S2016-0285. Approximately 175,000 feet of sanitary sewer was lined, and 500 manholes were rehabilitated resulting in a significant decrease in inflow and infiltration as part of this this program under S2016-0285. This new project is intended to extend this successful program. SCOPE The scope of the project is to line the following manholes and pipes: SA 12: • 28,000 LF of Sanitary Sewer • 126 Manholes SA 13: • 37,000 LF of Sanitary Sewer • 31 Manholes SA 14: • 25,000 LF • 50 Manholes L:IDCS1Projects\WTR160682318CIPP Ph_IVA31400Technical\ 415_ PH IVB SRFIFacility Plan -2- May 2023 Page 82 of 661 Preliminary Engineering Report Collection System Improvements - CIPP Phase IVB City of Waterloo, Iowa EXISTING CONDITIONS AND PROJECTIONS PLANNING PERIOD Since sewer projects are intended to have a 50-year design life, the planning period for the improvements will be 50 years for a design year of 2073. POPULATION The population of the City of Waterloo has grown from 4,337 in 1870 to 66,941 in 2021. Figure 1 below shows the population trends for the City of Waterloo. 90,000 80,000 70,000 2 60,000 0 Q 50,000 a 40,000 0 a- 30,000 20,000 10,000 0 CITY OF WATERLOO - POPULATION TREND 1860 1880 1900 1920 1940 1960 1980 2000 2020 YEAR Figure 1: City of Waterloo Population Trends As can be seen from the figure above, the population of Waterloo has either decreased or stayed stable since 1980. Furthermore, SA 12, SA 13 and SA 14 are almost fully developed, with little to no growth anticipated in these areas. Given the population trends and the level of development in the service areas, future flows are not anticipated to rise significantly when compared with current flows. EXISTING CONDITIONS A majority of the existing pipe in SA 12, SA 13 and SA 14 was installed in the 1950s and 1960s. The pipe has therefore outlived its typical useful life of 50 years for underground utilities. The pipe has been televised and rated by city staff. In all three services areas, a majority of the pipe shows signs of age and experiences infiltration. L:IDCS1Projects\WTR160682318CIPP Ph_IVA31400Technical\ 415_ PH IVB SRFIFacility Plan -3- May 2023 Page 83 of 661 Preliminary Engineering Report Collection System Improvements - CIPP Phase IVB City of Waterloo, Iowa The City uses Granite XP CUES Inspection software to televise sewer lines. SA 12, 13 and SA 14 were televised using this method. After televising, the video was analyzed by city staff and given a grade from 0-100, as follows: 100-80, Immediate Action: Defects Requiring Immediate Attention 79-60, Poor: Sever Defects That Will Become Grade 5 Defects Within the Foreseeable Future 59-40, Fair: Moderate Defects That Will Continue to Deteriorate 39-20, Good: Defects That Have Not Begun to Deteriorate 19-0, Excellent: Minor Defects An illustration of this system is included in Appendix 2. All pipes receiving Grade 59 or poorer were deemed suited for rehabilitation. The "Standard Observations for Sanitary Systems" manual for CUES is included in Appendix 3. Like the piping in SA 12, 13 and SA 14, manholes were also inspected in these areas. The manholes were inspected by the contractor responsible for the manhole rehabilitation completed under the previous SRF S2016-0285. The inspections were completed in consultation with the Engineer. Manholes showing signs of infiltration were identified for rehabilitation. L:IDCS1Projects\WTR160682318CIPP Ph_IVA31400Technical\ 415_ PH IVB SRFIFacility Plan -4- May 2023 Page 84 of 661 Preliminary Engineering Report Collection System Improvements - CIPP Phase IVB City of Waterloo, Iowa ALTERNATIVES AND DESIGN CRITERIA As mentioned previously, there are three separate components to the project: 1. Pipe Rehabilitation: This is the largest portion of the project and involves rehabilitating pipelines in Service Areas 12, 13 and 14. 2. Manhole Rehabilitation: This involves rehabilitating manholes in Service Areas 15 and 16. PIPELINE REHABILITATION For all other areas, pipe excavation and replacement would likely be very expensive and could cause significant traffic and existing utility concerns. Therefore, pipe replacement was not considered any further for Service Areas 12, 13 and 14. Multiple trenchless technologies are available for rehabilitating deteriorated sewer piping, such as: 1. Sliplining 2. Pipe Bursting 3. CIPP Sliplining: Sliplining, in general, involves disconnecting existing services and laterals and pushing/pulling a new pipe into an older deteriorated pipe. The services are then reconnected and the annular space between pipes may be grouted. Typically, HDPE pipe is used for sliplining. The primary advantage of sliplining is that it may be completed while the sewer is in operation; bypass pumping is typically not required. Also, it is the simplest of the three technologies discussed here in terms of contractor expertise required for installation. However, there are significant disadvantages to using this system for this particular project: 1. Sliplining significantly reduces pipe capacity since the new pipe must be smaller than the existing pipe. Furthermore, HDPE pipe typically has a thicker wall when compared with PVC and DIP, which would further reduce the actual final inside diameter. 2. Service and lateral connections must be excavated to be connected. 3. Laterals and service connections must be connected carefully. During installation significant stresses are placed on the HDPE pipe, causing the pipe to expand. After the pressures are relieved, the pipe slowly returns to its original shape. If the laterals and connections are installed too quickly, the liner pipe may move past the connection point, creating a blockage. Given these disadvantages, this alternative was not evaluated any further. Pipe Bursting: Pipe bursting involves the insertion of a conical -shaped bursting head onto an old pipe. The head fractures the existing pipe and displaces the pipe fragments outward into the soil. As the head fractures the pipe, a new pipe is pulled in behind the bursting head. Multiple proprietary bursting techniques are available; the right technology typically depends on the material of construction of the existing pipe. The primary advantage of pipe bursting is that it does not reduce pipe size as part of the rehabilitation; both sliplining, to a large degree, and CIPP, to a small degree, reduce pipe capacity as part of the rehabilitation. L:IDCS1Projects\WTR160682318CIPP Ph_IVA31400Technical\ 415_ PH IVB SRFIFacility Plan -5- May 2023 Page 85 of 661 Preliminary Engineering Report Collection System Improvements - CIPP Phase IVB City of Waterloo, Iowa The following are some disadvantages of using this system for this project: 1. Similar to sliplining, service and lateral connections must be excavated to be connected. In this case, it should be ensured that connections are cut and protected prior to beginning bursting. 2. The proximity of utilities to the area where pipe bursting is being conducted should be very well documented. Pipe bursting typically is not conducted if other utilities (potable water, electrical, etc.) are close to the sewer. This can be of particular concern if the existing utility is in a state of deterioration itself. 3. Bypass pumping is typically required for pipe bursting. 4. Heaving of the existing ground is also possible and should be considered during design. Given these disadvantages, this alternative was not evaluated any further. CIPP: The CIPP process generally consists of the installation of a resin -impregnated felt tube in the pipe to be rehabilitated. The liner is inverted into the pipe to be rehabilitated using water, and then the resin is cured using heat to form a solid pipe within the deteriorated pipe. CIPP is the most common means for pipe rehabilitation in Iowa. The popularity of CIPP is driven by the fact that it does not have some of the significant disadvantages associated with pipe bursting and sliplining. The following are some of the advantages of the CIPP process: 1. The City has used this process successfully in the past to rehabilitate pipe. 2. The felt can be custom designed for each project, an advantage that cannot be provided either by sliplining or pipe bursting. 3. Cutting in services and laterals is easier via cutting tools commonly used in this process. 4. Although pipe diameter is slightly reduced when CIPP is installed in the host pipe, this disadvantage is often overcome by the low friction the CIPP surface offers when compared with traditional pipe surfaces. The primary disadvantage of CIPP is that the sewer must be bypassed for installation in high flow pipelines. Also, the system must be carefully designed in terms of the thickness of CIPP to be used. Given the many advantages of CIPP over the other trenchless technologies, CIPP was chosen for lining the pipes in Service Areas 12, 13 and 14. CIPP DESIGN Statewide Urban Design and Specifications (SUDAS) Design Manual Section 14C - Rehabilitation will be used as the primary guide for the design of the CIPP lining. A combination of correct resin strengths and liner thicknesses will be determined for each part of the project in line with the recommendations of SUDAS Design Manual Section 14C. MANHOLE REHABILITATION DESIGN Unlike pipe rehabilitation, available options are limited for manhole rehabilitation. In general, manholes are either repaired using a cementitious mortar liner with an epoxy seal or a new manhole is cast in the existing manhole using cast -in -place concrete. Either method is suitable for manhole rehabilitation. In the past, the City has successfully used the cementitious mortar liner method. It is likely that this method L:IDCS1Projects\WTR160682318CIPP Ph_IVA31400Technical\ 415_ PH IVB SRFIFacility Plan -6- May 2023 Page 86 of 661 Preliminary Engineering Report Collection System Improvements - CIPP Phase IVB City of Waterloo, Iowa will be used again. In addition to the manhole, the chimneys of these manholes will also be sealed, as needed, as part of the project. SUDAS Specifications Section 6020, with appropriate modifications, will likely be used as the basis for design. ENVIRONMENTAL ASSESSMENT Since the project involves primarily rehabilitating existing piping and manholes, no significant environmental impact is anticipated for this project. COST EVALUATION Through the evolution of this program, the City has begun to budget $500,000 per year for CIPP projects on a continuing basis. Therefore, there is no formal cost evaluation with quantities. The City will continue using a phased approach for these CIPP projects. Instead of basing these on quantities, the City will line as many segments as possible to reach the budgetary value of $500,000 per year. The City will start in the north half of Service Area 12 and continue through Service Area 12 to the south and then on to Service Areas 13 and 14. The total cost of this project is bound by the Environmental Assessment. The Environmental Assessment results expire after five years. Therefore, the total cost of this project is $500,000 X 5 years for a total of $2,500,000. ECONOMIC CONDITIONS AND FINANCING According to the US Census Bureau, the median household income for Waterloo, Iowa, is $46,942, with per capita income at $27,887 (2020 dollars). The current sewer system has approximately 70,000 connections. The collection system is funded via use fees established by the City of Waterloo City Council. The current rates for typical non -industrial users are based on water meter readings and were adopted in July 2015. Prior to adopting these rates, $11.1 million were generated in FY 2022. This includes fees paid by Tyson and Twin City tanneries, the two major industrial loads. The new rates are anticipated to generate approximately $1.5 million in additional funds for the Waste Management Services budget. There are multiple options that may be used for funding the project. These include, but are not limited to, General Obligation (GO) Bonds, Sewer Revenue Bonds, United States Department of Agriculture (USDA), Community Development Block Grant (CDBG), Special Assessments, and the Clean Water State Revolving Fund (CWSRF). The City is in the process of developing an application to apply for the CWSRF loan; this facility plan will be part of that application. The CWSRF is a loan program administered by the Iowa Finance Authority and the Iowa Department of Natural Resources (IDNR). SWSRF loan funds can be used by municipalities and sanitary districts to finance the design and construction of publicly owned wastewater treatment and conveyance improvements. The CWSRF offers low interest loans (currently at 1.75%). The loans are similar to revenue bonding since user charge revenues are normally used to secure the loan. In addition to the interest, the loans have an initiation fee of 1 % of the loan agreement amount and a servicing fee of 0.25% of the outstanding loan principle. Each loan must be secured by a bond to assure parity with other local debt. This bond can be either a Revenue Bond or GO Bond. For revenue secured loans, the coverage requirement is 110% of the amount needed for debt. The improvements will likely be funded in the long term (SRF loan installments) using the Waste Management Services budget. L:IDCS1Projects\WTR160682318CIPP Ph_IVA31400Technical\ 415_ PH IVB SRFIFacility Plan -7- May 2023 Page 87 of 661 Preliminary Engineering Report Collection System Improvements - CIPP Phase IVB City of Waterloo, Iowa At this time, the City does not intend to spend more than $2,500,000 on the construction of the project. RECOMMENDATIONS Based on the analysis provided here and the City's previous success with using CIPP for rehabilitating pipe, it is recommended that Service Areas 12, 13 and 14 be lined with CIPP for pipe rehabilitation. Manhole rehabilitation has recently been completed using cementitious mortar liner with an epoxy topcoat. It is recommended that the manholes identified be rehabilitated in this manner. The areas that televising has shown to require remedial actions should also be remedied using traditional means of exposing and repairing the pipe. IMPLEMENTATION SCHEDULE The project is scheduled to begin in the fall of 2023; and construction is anticipated to continue through fall of 2028. REFERENCES 1. Statewide Urban Design and Specifications (SUDAS) Design Manual and Specifications L:IDCS1Projects\WTR160682318CIPP Ph_IVA31400Technical\ 415_ PH IVB SRFIFacility Plan -8- May 2023 Page 88 of 661 APPENDIX 1 SERVICE AREA MAPS Page 89 of 661 Plotted: 4/24/2023, 11:01:06 AM LOGAN AVE. 4.8 1M1 MD al • •1 1 I 1 1 1 1 I 1 1 •••••• I 1 oCt`J 0 0 • 04 0 1 „N ` • • • in • • • • •1 1• • . J SA 12 ♦ • • • • • • ♦ MP O°e� 1 4 po 90 •• % ♦••••••• I • •1 ,� ♦ • a. a • • • • • 1 • • • • • • • • • • • • • • • • • • 1 SA 14 • • 1 1 INDEPENDENCE AVENUE 1 1 1 1 1 1 1 1 al al al al al al 1M1 • I • • • • T• • • • • 4 N 0' 500' 1000' 2000' SCALE �• PREPARED BY'. eb i FIGURE 1 PROJECT OVERVIEW CIPP PH IVB CITY OF WATERLOO WATERLOO, IOWA 501 SYCAMORE STREET SUITE 222 WATERLOO, IA. 50703-4644 1-319-232-6531 MAY 2023 60682318 A=COM Page 90 of 661 Plotted: 4/24/2023, 11:18:07 AM • • • alk GB OD in • ♦ • ♦ • \goo. 016\I!' OU ••• • •• • ♦ ♦ I\t I ' i ,•\ s , • INDEPENDENCE AVENUE I � � 1 �� 1••••1 1 1 • . > 07 8 al INI fa • > • 1 •% 1 • ♦•II ♦ 1 • ♦ 1 ♦t 1 •• • • • 1 1 1 1 1 IMP M110 IMP MI ♦ 1 ♦ ♦ ♦♦ ♦• ♦ ♦1 LEGEND FUTURE WORK RATED 40-100 0' 250' 500' 1000' SCALE FIGURE 2 SERVICE AREA 12 CIPP PH IVB CITY OF WATERLOO WATERLOO, IOWA 501 SYCAMORE STREET SUITE 222 WATERLOO, IA. 50703-4644 1-319-232-6531 MAY 2023 60682318 PREPARED BY, A=COM Page 91 of 661 Plotted: 4/24/2023, 11:36:37 AM • 1 1 Im 1 1 1 1 • 0 W I I • 1 J 1 1 1 1 ♦ ♦ ♦ ♦•` • ` • • • I ♦•` ••9 • • i I• I • ♦ • 1 • • Jam' O 1 ♦ M� 1 ♦ 1 ♦ ♦ 1 1 1 1 1 111 1 INDEPENDENCE AVENUE 1 .I ♦ ♦ ♦ 1 1 1 1 1 1 1 1 1 1 GQG 1 F LEGEND FUTURE WORK RATED 40-100 0' 250' 500' 1000' SCALE PREPARED BY, A=COM FIGURE 3 SERVICE AREA 13 CIPP PH IVB CITY OF WATERLOO WATERLOO, IOWA 501 SYCAMORE STREET SUITE 222 WATERLOO, IA. 50703-4644 1-319-232-6531 MAY 2023 60682318 Page 92 of 661 Plotted: 4/24/2023, 11:44:43 AM ID al 1 1 1 1 em.:01:88 • • •• • • • �E • �c`'9R�• Mu 1- _ • ♦ • ♦ ♦. • • al OD ID ID 11 1 1, 1 1 ••• :MI ••••al••= al• 1 O,q � DP SI- MI SO MI MI O _ • INDEPENDENCE' VENUE 1 1 1 1 1 1 1 1 OP. OD ale in 40 in 40) is co am im • •• • •• • • • LEGEND FUTURE WORK RATED 40-100 0' 500' 1000' 2000' SCALE PREPARED BY, A=COM FIGURE 4 SERVICE AREA 14 CIPP PH IVB CITY OF WATERLOO WATERLOO, IOWA 501 SYCAMORE STREET SUITE 222 WATERLOO, IA. 50703-4644 1-319-232-6531 MAY 2023 60682318 Page 93 of 661 APPENDIX 2 PIPE GRADING SYSTEM ILLUSTRATION Page 94 of 661 i City of Waterloo Condition Assessment Program Structural and O&M Defects Grading Table Grade Grade Description Grade Definition 5 Immediate Action Defects requiring immediate attention 4 Poor Severe defects that will become Grade 5 defects within the foreseeable future 3 Fair Moderate defects that will continue to deteriorate 2 Good Defects that have not begun to deteriorate 1 Excellent Minor defects #5 #4 #3 #2 #1 Infiltration Infiltration Grade Pri"14 ihib Collapsed General Guidelines Regarding Deterioration Rates Grade Definition 5 Pipe has failed or will likely fail within the next 5 years 4 Pipe will probably fail in 5 to 10 years 3 Pipe may fail in 10 to 20 years 2 1 Pipe unlikely to fail for at least 20 years Failure unlikely in the foreseeable future The time estimated for pipe deterioration will vary based an local conditions. The grade definitions ore to be used as a general guideline only. Page 95 of 661 APPENDIX 3 CUES PIPE GRADING SYSTEM INFORMATION Page 96 of 661 RAN TEX; Asset InspeoIion & Decision Support Soflwsre for the Waler Industry 4 51. "The Standard of the Indust CUES Standard Observations for Sanitary Systems v.3 P/N:TBD 042007 .8 FT. TOP w 2:- Page 97 of 661 OBSERVATIONS/DEFECTS IN THE SEWER PIPELINE SYSTEM CUES INC. 3600, RIO VISTA AVENUE ORLANDO, FL 32805 Sanitary system standard observations/defects Page 1 Page 98 of 661 INTRODUCTION Many municipalities have different departments dedicated to specific infrastructure issues. For example, an operation and maintenance problem is addressed by the Sanitary Maintenance Department; where as a structural problem would be maintained by the Sanitary Engineering Department. CUES standard observation codes are categorized so that users will be able to prioritize the task based on the category and assign follow up actions to the appropriate departments. The four observation categories for observation codes are: a. Structural b. Operation and Maintenance c. Inventory d. Miscellaneous NOTE: The users will be able to add/delete observations as needed and will also be able to create new categories based on their city/county requirements. Sanitary system standard observations/defects Page 2 Page 99 of 661 Structural Observations The structural defects are detected as irregularities of the pipe. The structural problems will be corrected by repairing or by replacing the existing pipeline. e.g. broken pipe, collapsed pipe, sag in the pipe, lining failure of sewer line, etc. O&M (Operation and Maintenance) Operation and Maintenance defects will be resolved by cleaning or maintaining the pipe Structural fix of the pipe is not required. "Operation and maintenance" (O&M) includes all aspects of running a building over the course of its useful life. Because of the far-reaching nature of O&M, a well -designed and properly executed program is critical to the overall success of a "sustainable -designed" facility. e.g. grease, debris, roots, vermin, lateral abandoned - unsealed, etc. Inventory The inventory is a list containing the content of a buried infrastructure. This will include the state and condition of a property including the pipe, the state of a property and also the structural fixtures and fittings. This is the information that the utility will be able to see, if necessary. e.g. clean out, lateral in the pipe, water mark in the pipe, dead end etc. Miscellaneous These are the observations that do not fall under either Structural, O&M or Inventory categories. Cities may or may not be able to see these observations if they send another crew to do an inspection again. e.g. camera under water, start downstream inspection, abandoned survey etc. Sanitary system standard observations/defects Page 3 Page 100 of 661 OBSERVATION DEFECT DETAILS MODIFIER GROUP CODE PICTURE / SEVERITY O&M (OPERATION & MAINTENANCE) OBSERVATIONS O&M - 1 Deposits Light % +• V 'y�i'1 fi r LL,, Y.' q. r r! .r; .! ' 1 • j .i Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960054 — 31960053 0f 12/1/2006 10:35: 02 AM Medium r . 44 ;� HA -K9a 8.i 4 1i.,.� ,`c•. Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960057 — 31960052 0f 11/30/2006 10:36: 32 AM Sanitary system standard observations/defects Page 4 Page 101 of 661 Severe Courtesy. 31960049 am 'y' ; ,irr i �.,t.. 1.� Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main — 31960047 0f 12/01/2006 11:48: 53 AM O&M - 2 Grease Light ;Courtesy. 31960054 L2fOL- 10:54 • HH 5FART3- 319'60054 • . MH &DPP; •,3 '60053 T • F,z . Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main — 31960053 0f 12/1/2006 10:35: 02 AM Medium Severe -22a. I F't } . i 4. ,. „7.011 Mil ' +_ * `:454 i - 4 i- - .a Courtesy. Doc Bennett, Vice -President, International Sales, CUES Inc. OR Sanitary system standard observations/defects Page 5 Page 102 of 661 1 - % S •• ,1S • r i Ref http://griffinfog.com/Images/grease%20found% 20in%20. i. ing.JPG O&M - 3 Infiltration Light , j+` "silk , ti. + ,I d11 1, ! Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960059 31960058 0f 12/1/2006 8:46:36 AM Medium 1 'i'.. 5 [79Q+.y ti h ..3 f T, E?'::, ' 1+H �E7oRT 19 �.. t1H Top: 9 r r, .t , r • .:• ! .P;ts� '42 Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960059 — 31960058 0f 11/30/2006 8:46:36 AM Sanitary system standard observations/defects Page 6 Page 103 of 661 Severe •• ..5 "'.. 66054 ' •+ -. ;saes • ' /A'Y - - ` ' ! q. t,w Courtesy. Orange County, FL; 3196-Corrine Terrace; Pipe: 31960054 — 31960053 0f 12/1/2006 AM 4. ; +� ! Project Name: Sewer Main 10:35: 02 O&M - 4 Root Light - Light Root Problem 9'21"2e012i67 PM Praaes Ha?rl Lookout Hir slra ot11-.!rovren r1I,rrar node= ounsCrra■ nod,: urfayr c1L1O i�rVall:h4pni Ps 4�• Comments Rry Courtesy. Hamilton, TN; Project Mtn; Pi.e.: Sewer Main 9-29-06-E.B. ". ti Name: Lookout -Dro. Medium -Medium Root Problem . rr)..am' ",:t'G� i{ilf mHl �yi t�'�y� i y It . J r:t to •,1': ,3 • t ,, J L3 ., r" .� le DB Video Courtes . CUES Sam. Sanitary system standard observations/defects Page 7 Page 104 of 661 Heavy - Heavy Root Problem .I .1 .i ` i ,S y{ '� 4 - . \ ' ;•. . 4 _ 1+u { 1 4 i. n Courtesy. CUES Sample DB Video O&M - 5 Debris <=10% A' IP--..r - ,1+.• Courtesy. Hamilton, TN; Project Name: Savannah Bay Offsite; Pipe: Sewer Main 10-31- 06-SB0-04 (04-03) <=20% <=30% >30% • F .•- NN >;FON' or -or- Courtesy. Hamilton, TN Project Name: Kingwood; Pipe: Sewer Main 1552 (MH 1034- 1031) Sanitary system standard observations/defects Page 8 Page 105 of 661 O&M - 6 Lateral Abandoned - Unsealed + r87 85 i 2. Courtesy. Cross Bore Test on Lexington, TN; Project Name: Kentucky Avenue; Pipe: Sewer Main TB3_733_TB3_732 of 1/25/2007 6.:06:53 PM O&M - 7 Vermin Cockroach Rat Or P i.y- ' t.; Courtesy. http://edp.org/Germany/Paris/SewerRatjpg Mice Snake ' - cif :i_I. 87 Rattlesnakes Courtesy. Doc Bennett, Vice -President, International Sales, CUES Inc. Sanitary system standard observations/defects Page 9 Page 106 of 661 Other MirirlQ C: FROM 1$ 5, S¢:Hj{24 . y�e�4 f L1 : tjr: ,'� >r ,r IE. c. • • • 4 • • F , Courtesy. Gator Video from CUES STRUCTURAL OBSERVATION DEFECTS Structural - 1 Bricks Missing Light • - a., - E14,0 Fri -MH Siwti C-LS_0@8-@5T6 r MH ST0 = - 9 065-@n7B Courtesy. Noblesville, IN Medium f -# �,--ice • } Is 44` .,� Courtesy. Doc Bennett. Vice President, International Sales, CUES Severe Structural - 2 Cavity Small Medium Sanitary system standard observations/defects Page 10 Page 107 of 661 Large Courtesy. • = a - -_ 1 Hamilton, TN; Project Name: Lookout Mtn; Pipe: Sewer Main 9-29-06-SO-1 (MH Dead End-1) Structural - 3 Collapsed Small Medium Large '. #{ r + ' } 1 '1;! i :1 '..- •rt Courtesy. From Doc Bennett. Vice President, International Sales, CUES Structural - 4 Crack Sanitary system standard observations/defects Page 11 Page 108 of 661 Circular - Narrow AL : u,yr'; •.:s;• Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 3196064 — 31960065 0f 11/30/2006 2: 04: 40 PM Longitudinal - Narrow :eftil66 0:38 CC,.1 Fr. wT: 7196G054 6H STC3P: 31964053 Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960054 — 31960053 0f 12/1/2006 10:35: 02 AM 7r4NW. d ' .Vr. , . ,7 tr.* — ' .?.. r. Courtesy. CUES Town Sample DB Video. Sanitary system standard observations/defects Page 12 Page 109 of 661 Multiple - Narrow .. LL,.- _ f . • x +l \ Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960057 — 31960052 of 11/30/2006 10:36:32 AM Spiral - Narrow Circular - Wider Longitudinal - Wider _`f:.. ,. ; ' 'r . ? 4 • ,,f Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960045 — 31960044 of 12/05/2006 7.•45: 33 AM Multiple - Wider , P5 •• q` ' ' • '; Courtesy. Hamilton, TN; Project Name: Lookout Mtn Pipe: 9-29-06-E.B of 9/29/2006 11:55: 05 AM Spiral - Wider Structural - 5 Surface � Damage � Sanitary system standard observations/defects Page 13 Page 110 of 661 Light Material Damage - Chemical Problem l' !ir- l L— . si L 12r15106••13:39 l;' 1960036 j . ie�,�k .� 1960.035 ,•; , __ ' Light Material Damage - Mechanical Problem Medium Material-' Damage -Chemical Problem +yam i - ip •,� �ti y.t74 - - • • f =,~. 'ior'`4 - - r• ` `1 • n4Ia4/a113:'2 # VA FT. Courtesy. CUES Sample DB Video. ': ' Medium Material Damage - Mechanical Problem Severe Material Damage - Chemical Problem Severe Material Damage - Mechanical Problem Structural - 6 Flattened _ Light Medium Severe Structural - 7 Joint - Gasket 41 Light Sanitary system standard observations/defects Page 14 Page 111 of 661 Medium ��l t pH Slim ' Courtesy. Hamilton, TN; Project Name: Lookout Mtn; Pipe: Sewer Main 9-29-06-S0-2 (MH 1-2) Structural - 8 Joint - Infiltration Severe r.el� ,bcRlh,1 p• ' 1, i II •4i; •rw. + 1 • ,,. . • Ai + # ,y Light Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960059 — 31960058 0 12/1/2006 8: 46: 36 AM Medium kk i l ,r' NH 41ART: 3l9 .. t ` ` NH Ti9P: _3l9''G - .4 ' • e• r ;�;�; Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960059 — 31960058 0f ll/30/2006 8:46: 36 AM Sanitary system standard observations/defects Page 15 Page 112 of 661 Severe ki . 1 ' Courtesy. Orange County, FL,• Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960054 — 31960053 0f 12/1/2006 10:35: 02 AM Structural - 9 Joint - Separated Small Medium n ., .L4 1. Courtesy. Hamilton, TN; Project Name: Lookout Mtn; Pipe: Sewer Main 9-29-06-E.B. (-Drop) Large Structural - 10 Joint Offset Small w—'12/o4r06 12:05 7A.2 FT. NH STAVE S1960'347 NH STOP; 31940945 fie' . = I. Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960047 — 31960045 0f 12/4/2006 11:58: 01 Sanitary system standard observations/defects Page 16 Page 113 of 661 AM Medium r ^,ftH Or : Y L. , i A Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960049 — 31960047 0f 12/1/2006 11:48: 53 AM Large Structural - 11 Sag Light 12r65f06 pT:49 i9. FT. MH START' 31969445 IiH STOPr 31969014 • I '1 I Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960045 — 31960044 0f 12/5/2006 7:45: 33 AM Sanitary system standard observations/defects Page 17 Page 114 of 661 Medium worts 6?:54 HA STARtA 31966445 H1I S.T.'1 , 1966E4d tir r {,. . t • Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960045 — 31960044 0f 12/5/2006 7: 45: 33 AM Severe E: ._ :7� i Fi. :! Sr. T: :4r.;,:,;a 11X ST,;P: LYttiU:1 it/` ti i ( -- Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960063 — 31960062 0 12/1/2006 9: 28: 29 AM Structural - 12 Broken Soil Visible - Small r - , :i, 11 tkp,, , -fj ?'1 �. ` 4i, Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960049— 31960047 0f 12/1/2006 11:48: 53 AM Sanitary system standard observations/defects Page 18 Page 115 of 661 Soil Visible - Medium 25 11H f sJ MH Pr i 33 11 Courtesy. Clark County, NV x . i 4 Courtesy. Hamilton, TN; Project Name: Kingwood; Pipe: Sewer Main 1552 (MH 1034- 1031 , � � 1 r Soil Visible - Large Courtesy. Hamilton, TN; Project Name: Kingwood; Pipe: Sewer Main 1552 (MH 1034- 1031) Void Visible — Small Sanitary system standard observations/defects Page 19 Page 116 of 661 Void Visible - Medium 71%fl5 12:24 - ! T0.T, 3196e -: p cT6P, 31 W1 l- . a r • - A' , -:,{. Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960049 — 31960047 0f 12/01/2006 11:48: 53 AM Void Visible - Large i• :c: s.k 'ram! • • I I IIII :.Ixi1 Courtesy. Cross Bore Test on Lexington, TN; Project Name: Kentucky Avenue; Pipe: Sewer Main TB3_733_TB3_732 of 1/25/2007 6:06.•53 PM Hole _. _sk. . y •-r 3T. • • P.1 NH rFxP1 Courtesy. Cross Bore Test on Lexington, TN; Project Name: Kentucky Avenue; Pipe: Sewer Main TB3_733_TB3_732 of 1/25/2007 6:06:53 PM Structural - 13 Deforms AL <=10% > 10% Sanitary system standard observations/defects Page 20 Page 117 of 661 Structural - 14 Joint - Angular Small Medium Large Structural - 15 Intruding Sealing Grout Hanging ■ Gasket <=10% Hanging Gasket <=20°A) Hanging Gasket <=30% Hanging Gasket >30% Structural - 16 Intruding Sealing Ring Hanging Gasket <=10% Hanging Gasket <=20% Hanging Gasket <=30% Hanging Gasket >30% Structural - 17 Lining Failure Abandon connection Blistered lining Buckled Connection cut shifted Detached Defective end Overcut connection Undercut connection Other Lateral Connection Problem Structural - 18 Sanitary system standard observations/defects Page 21 Page 118 of 661 Connection Pipe Damaged 295.1 FT. + { HH STAPT: 3k 7e:093E HH STOP1 31961)9t: • 4 .: Courtesy. Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960038 — 31960037 0f 12/5/2006 9: 44: 25 AM Connection• Protruding Courtesy. Project Main TN; . - FI '' •' • .r }� �' ` •';% ;+ e : i ti . - V, n,•zo l� M..Fr ' Y n 1 a4—,V N N • Er 9 Cross Bore Test on Lexington, Name: Kentucky Avenue; Pipe.' Sewer TB3_733_TB3_732 of 1/25/2007 6::06.'53 PM Lateral Blocked Factory Defective Pi.e Structural — 19 Cross Bore — Gas Line - r r r F �, i , kf- i• ,� ?+� ,�'.• ,�,.1, Sanitary system standard observations/defects Page 22 Page 119 of 661 T. l' • it s'o. ._ .... . rcushi F],@ i t r .• t Courtesy. Courtesy Hamilton, TN INVENTORY OBSERVATIONS Inventory - 1 Catch Basin Quit Fi4tn •• "I '..' Al 1{ i101,1' i;nt} Y.11 r #Pioatabies a w AA , r { I • • r - ' • •• i rF • r • - - - —rmmM _� JIM Ref: ktp://www.nyc.gov/html/dep/gif/floatcb.gif Sanitary system standard observations/defects Page 23 Page 120 of 661 Inventory - 2 Cleanout pamineu1 2" Hoar INNEWOMPEnt Min WIE11114111mm, Building s4wor Ref: http://www.sweethaven02.com/BldgConst/en511 2a0075.gif Inventory - 3 Discharge point -.3. a - .'tiF -. - - d a rAI •.}ram"- Ref. http://gis2.esri.com/library/userconf/proc02/pap 0830/discharge pntjpg Inventory - 4 End of Pipe Inventory - 5 Junction Box Inventory - 6 Meter Inventory - 7 Tee Connection Inventory - 8 Wet Well Inventory - 9 Lateral Live Connection ot 'rim Nij • IN��1FT ■ Courtesy: Hamilton, TN; Project Name: E.R. Dabney RD; Pipe 2626 Sanitary system standard observations/defects Page 24 Page 121 of 661 Capped ., S 4 • -Yr Courtesy: Hamilton, TN; Project Name: Kingwood; Pipe: Sewer Main 1552 (MH 1034- 1031) Inventory - 10 Pipe Size V TOPS r E r # ' '.' ,. Courtesy: Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960057 — 31960052 0f 11/30/2006 10:36: 32 AM (from 6 inches to 4 inches) Inventory - 11 Pipe Type • trOL 7 l M -. { Si, . S FS I 3 y !. ?,S�.3 f. , .. ow Courtesy: Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main 31960064 — 31960065 0f 11/30/2006 02:04:40 PM Inventory - 12 Dead End Inventory - 13 Pipe Continue Inventory - 14 Water Mark >=50% Sanitary system standard observations/defects Page 25 Page 122 of 661 >=75% Inventory - 15 Dye Test Not Visible Visible Inventory - 16 Grouted MISCELLANEOUS OBSERVATIONS Miscellaneous - 1 CONT. WITH FLOW Miscellaneous 2 CONT. AGAINST FLOW Miscellaneous - 3 START WITH FLOW Miscellaneous - 4 START LAT INSPECTION Miscellaneous 5 START AGAINST FLOW Miscellaneous -6 STOP Miscellaneou s-7 Water Level <25% 31960057 - - 3„Ji - r ai— Courtesy: Orange County, FL; Project Name: 3196-Corrine Terrace; Pipe: Sewer Main — 31960052 0f 11 /30/200610. 36. 32 AM (from 6 inches to 4 inches) Sanitary system standard observations/defects Page 26 Page 123 of 661 >=25% ,r . ' { • A Pb ITI 'F1i, Courtesy: Hamilton, TN; Project Name: Kingwood; Pipe: Sewer Main 1552 (MH 1034- 1031) >=50% >=75% 100% Miscellaneous - 8 Camera Under Water X 201 4tFT. fiH IT= 113 Courtesy. Hamilton, TN; Project Name: E.R. Dabney RD; Pipe 2626 Miscellaneous - 9 Abandoned Survey Sanitary system standard observations/defects Page 27 Page 124 of 661 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving request of Zach Buchheit for a waiver for a concrete driveway, located at 800 W. Parker Street, with the elimination of the sidewalk section due to inability to meet grade requirements. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway at 800 W. Parker Street. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 125 of 661 ALTERNATIVE ACTION LEGAL DESCRIPTION Attached. ATTACHMENTS 1. Legal_800 W Parker St 2. DW Waiver 800 W. Parker St Page 126 of 661 Page 1 of 4 EXHIBIT 'A' File No.: 309302BS22 (dk) 07/11/2008 Property: 800 West Parker Street, Waterloo, IA 50703-2256 ALL OF LOTS NOS. 7, 8, 9, 17 AND 18,tND A PART OF LOTS NOS. 6,16,19 AND VACATED ALLEY IN BLOCK NO4IN CHRISTIE ADDITION IN THE CITY OF WATERLOO, IOWA, BOUNDED AS FOLLOWS: BEGINNINY"AT A POINT IN THE NORTH LINE OF WEST PARKER STREET WHICH IS 15 FEET WEST OF THE CENTERLINE OF THE WATERLOO RAILROAD COMPANY'S MAIN TRACK AS NOW LOCATED, MEASURED AT A RIGHT ANGLE THERETO; THENCE WEST ALONG THE NORTH LINE OF SAID WEST PARKER STREET 135 FEET TO A POINT WHICH IS 20 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT NO. 16; THENCE NORTH ALONG A LINE WHICH IS PARALLEL WITH THE WEST LINE OF SAID LOT NO. 16 155 FEET TO THE SOUTH LINE OF THE VACATED ALLEY IN SAID BLOCK NO.1; THENCE WEST ALONG THE SOUTH LINE OF SAID VACATED ALLEY 20 FEET; THENCE NORTH ACROSS SAID VACATED ALLEY AND ALONG THE WEST LINE OF SAID LOT NO. 9 175 FEET TO THE SOUTH LINE OF VACATED EDISON STREET (FORMERLY SCHULTZ STREET); THENCE EAST ALONG THE SOUTH LINE OF SAID VACATED EDISON STREET 153 FEET MORE OR LESS TO A POINT WHICH IS 15 FEET WEST OF THE CENTERLINE OF SAID MAIN TRACK, M EASURED ATA RIGHT ANGLE THERETO; THENCE SOUTH PARALLEL WITH THE CENTER LINE OF SAID MAIN TRACK 330 FEET MORE OR LESS TO THE POINT OF BEGINNING. ALSO ALL OF LOTS NOS. 1, 2, 3, 4, 5, 20, 21, 22, 23 AND 24, AND A PART OF LOTS NOS. 6,19 AND VACATED ALLEY IN SAID BLOCK NO. 1; ALL OF LOTS NOS. 1, 2, 4, 5, 20, 21, 22, 23 AND 24 AND A PART OF LOTS NOS. 6,19 AND VACATED ALLEY IN BLOCK NO ND A PART OF VACATED EDISON STREET (FORMERLY SCHULTZ STREET) IN SAID CHRISTIE A ITION, BOUNDED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT NO. 24 IN SAID BLOCK NO.1; THENCE NORTH ALONG THE EAST LINE OF LOTS NOS. 24 AND 1 AND ACROSS THE VACATED ALLEY IN BLOCK NO. 1, ACROSS SAID VACATED EDISON STREET, AND ALONG THE EAST LINE OF LOTS NOS. 24 AND 1 AND ACROSS VACATED ALLEY IN SAID BLOCK NO.2 696 FEET MORE OR LESS TO THE SOUTH UNE OF BREES STREET; THENCE WEST ALONG THE SOUTH LINE OF SAID BREES STREET TO A POINT 15 FEET EAST OF THE CENTERLINE OF THE SAID WATERLOO RAILROAD COMPANY'S MAIN TRACK AS NOW LOCATED, MEASURED AT A RIGHT ANGLE THERETO; THENCE SOUTH PARALLEL WITH THE CENTERLINE OF SAID MAIN TRACK 696 FEET MORE OR LESS TO THE NORTH LINE OF WEST PARKER STREET; THENCE EAST ALONG THE NORTH UNE OF SAID WEST PARKER STREET TO THE POINT OF BEGINNING. I , ALSO ALL THAT PART OF LOT NO. 21 IN BLOCK NO 4 IN "ROSEBUD ADDITION" IN WATERLOO, IOWA, BEING A 1 FOOT WIDE STRIP, LYING BETW N THE SOUTH UNE OF BREES STREET EXTENDED AND THE SOUTH LINE OF VACATED EDISON STREET (FORMERLY SCHULTZ STREET) EXTENDED. ALSO ALL THAT PART OF ASHLAND AVENUE (NOW VACATED) AS PLATTED 32 FEET WIDE IN SAID "ROSEBUD ADDITION" LYING BETWEEN THE SOUTH LINE OF BREES STREET EXTENDED AND THE SOUTH LINE OF VACATED EDISON STREET (FORMERLY SCHULTZ STREET) EXTENDED. ALSO ALL THAT PART OF ASHLAND AVENUE (NOW VACATED) AS PLATTED 54.9 FEET WIDE IN SAID CHRISTIE ADDITION LYING BETWEEN THE SOUTH UNE OF BREES STREET EXTENDED AND THE NORTH UNE OF WEST PARKER STREET EXTENDED. ALSO ALL THAT PART OF LOT NO. 6 IN BLOCK NO.1 IN SAID "ROSEBUD ADDITION", BEING A 1 FOOT WIDE STRIP, LYING BETWEEN THE WEST LINE OF ASHLAND AVENUE (NOW VACATED) EXTENDED AND THE EAST LINE OF LOT NO. 12 IN BLOCK NO. 5, EXTENDED, OF SAID "ROSEBUD ADDITION". ALSO ALL THAT PART OF VACATED EDISON STREET (FORMERLY SCHULTZ STREET) IN SAID "ROSEBUD ADDITION" LYING BETWEEN THE WEST LINE OF ASHLAND AVENUE (NOW VACATED) EXTENDED AND THE EAST LINE OF LOT NO. 12 IN BLOCK NO )(TENDED OF SAID "ROSEBUD ADDITION". ' 4 �gc 1 of 1 Page 127 of 661 Page 2 of 4 First American Title Insurance Company National Commercial File No.: 309302B522 (dk) Services Date: 07/11/2008 ALSO ALL OF LOTS NOS. 7, 9,10,11 AND 12 AND THE WEST 80 FEET OF LOT NO. 8 ALL IN BLOCK NO. 5 IN SAID "ROSEBUD ADDITION". AND THOSE PARTS OF THE SOUTHWEST QUARTER OF SECTION NO. 14, TOWNSHIP NO. 89 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: PARCEL "B" OF PLAT OF SURVEY 317 MISC 19, BEING PART OF SAID SOUTHWEST QUARTER; AND THE WEST 6 RODS OF THE SOUTH 24 RODS OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 14, EXCEPT THAT PART INCLUDED IN PARKER STREET. ALSO DESCRIBED AS: ALL OF LOTS NOS. 7, 8, 9, 17 AND 18 AND A PART OF LOTS NOS. 6,16,19 AND VACATED ALLEY IN BLOCK NO. 1 IN CHRISTIE ADDITION TO THE CITY OF WATERLOO, IOWA, BOUNDED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF WEST PARKER STREET WHICH IS 15 FEET OF THE CENTERLINE OF THE WATERLOO RAILROAD COMPANY'S MAIN TRACK, AS NOW LOCATED, MEASURED AT A RIGHT ANGLE THERETO; THENCE WEST ALONG THE NORTH LINE OF SAID WEST PARKER STREET A DISTANCE OF 135 FEET TO A POINT WHICH IS 20 FEET EAST OF THE SOUTHWEST CORNER OF SAID LOT NO. 16; THENCE NORTH ALONG A LINE WHICH IS PARALLEL WITH THE WEST LINE OF SAID LOT NO. 16 A DISTANCE OF 155 FEET TO THE SOUTH LINE OF THE VACATED ALLEY IN SAID BLOCK NO. 1; THENCE WEST ALONG THE SOUTH LINE OF SAID VACATED ALLEY A DISTANCE OF 20 FEET; THENCE NORTH ACROSS SAID VACATED ALLEY AND ALONG THE WEST LINE OF SAID LOT NO. 9 A DISTANCE OF 175 FEET TO THE SOUTH LINE OF EDISON STREET; THENCE EAST ALONG THE SOUTH LINE OF EDISON STREET A DISTANCE OF 153 FEET, MORE OR LESS, TO A POINT WHICH IS 15 FEET WEST OF THE CENTERLINE OF SAID MAIN TRACK, MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTH PARALLEL WITH THE CENTERLINE OF SAID MAIN TRACK A DISTANCE OF 330 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO ALL OF LOTS NO. 5 AND 20 AND A PART OF LOTS NOS. 6,19 AND VACATED ALLEY IN SAID BLOCK NO. 1, ALL OF LOTS NOS. 5 AND 20 AND A PART OF LOTS NOS. 6 AND 19 AND VACATED ALLEY IN BLOCK NO.2,AND PART OF VACATED EDISON STREET IN SAID CHRISTIE ADDITION TO THE CITY OF WATERLOO, IOWA, BOUNDED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT NO. 20 IN SAID BLOCK NO.1; THENCE NORTH ALONG THE EAST LINE OF LOTS NO. 20 AND 5 AND ACROSS THE VACATED ALLEY IN BLOCK NO. 1, ACROSS VACATED EDISON STREET, AND ALONG THE EAST LINE OF LOTS NOS. 20 AND 5 AND ACROSS VACATED ALLEY IN SAID BLOCK NO. 2 A DISTANCE OF 696 FEET, MORE OR LESS, TO THE SOUTH LINE OF BREES STREET; THENCE WEST ALONG THE SOUTH LINE OF BREES STREET A DISTANCE OF 57 FEET TO A POINT 15 FEET EAST OF THE CENTERLINE OF THE WATERLINE RAILROAD COMPANY'S MAIN TRACK AS NOW LOCATED, MEASURED AT A RIGHT ANGLE THERETO; THENCE SOUTH PARALLEL WITH WITH THE CENTERLINE OF SAID MAIN TRACK A DISTANCE OF 696 FEET, MORE OR LESS, TO THE NORTH LINE OF WEST PARKER STREET; THENCE EAST ALONG THE NORTH LINE OF SAID WEST PARKER STREET A DISTANCE OF 55 FEET, MORE OR LESS, TO THE POINT OF BEGINNING." "THAT PART OF AS HLAND AVENUE BETWEEN WEST PARKER STREET AND BREES STREET AND THAT PART OF EDISON STREET BETWEEN ASHLAND AVENUE AND THE ALLEY EAST OF LOT 12, BLOCK 5, ROSEBUD ADDITION, OWNED BY THE CITY OF WATERLOO, IOWA." 5 Dagf 4 Page 128 of 661 Page 3 of 4 First American Title Insurance Company National Commercial File No.: 309302BS22 (dk) Services Date: 07/11/2008 "SITUATE IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, AND BEING: LOTS NOS. ONE (1), TWO (2), THREE (3), FOUR (4), TWENTY-ONE (21), TWENTY-TWO (22), TWENTY-THREE (23) AND TWENTY-FOUR (24) IN BLOCK NO. ONE (1); AND LOTS NOS. ONE (1), TWO (2), THREE (3), FOUR (4), TWENTY-ONE (21), TWENTY-TWO (22), TWENTY-THREE (23) AND TWENTY-FOUR (24) IN BLOCK NO. TWO (2); ALL IN CHRISTIE ADDITION IN THE CITY OF WATERLOO, IOWA. ALSO: A PART OF THE ALLEY IN BLOCK NO. ONE (1), IN CHRISTIE ADDITION IN THE CITY OF WATERLOO, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT NO. ONE (1), IN SAID BLOCK NO. ONE (1); RUNNING THENCE WEST ALONG THE SOUTH LINE OF LOTS NOS. ONE (1), TWO (2), THREE (3) AND FOUR (4), IN SAID BLOCK NO. ONE (1) TO THE SOUTHWEST CORNER OF SAID LOT NO. FOUR (4); THENCE SOUTH TO THE NORTHWEST CORNER OF LOT NO. TWENTY-ONE (21), IN SAID BLOCK NO. ONE (1); THENCE EAST ALONG THE NORTH LINE OF LOTS NOS. TWENTY-ONE (21), TWENTY-TWO (22), TWENTY-THREE (23) AND TWENTY-FOUR (24), IN SAID BLOCK NO. ONE (1), TO THE NORTHEAST CORNER OF SAID LOT NO. TWENTY-FOUR (24); THENCE NORTH ALONG THE WEST LINE OF ASHLAND AVENUE A DISTANCE OF TWENTY (20) FEET TO THE POINT OF BEGINNING. ALSOA PART OF THE ALLEY IN BLOCK NO. TWO (2), IN CHRISTIE ADDITION IN THE CITY OF WATERLOO, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT NO. ONE (1), IN SAID BLOCK NO. TWO (2); RUNNING THENCE WEST ALONG THE SOUTH LINE OF LOTS NOS. ONE (1), TWO (2), THREE (3) AND FOUR (4), IN SAID BLOCK NO. TWO (2), TO THE SOUTHWEST CORNER OF SAID LOT NO. FOUR (4); THENCE SOUTH TO THE NORTHWEST CORNER OF LOT NO. TWENTY-ONE (21), IN SAID BLOCK NO. TWO (2); THENCE EAST ALONG THE NORTH LINE OF LOTS NOS. TWENTY-ONE (21), TWENTY-TWO (22), TWENTY-THREE (23) AND TWENTY-FOUR (24), IN SAID BLOCK NO. TWO (2), TO THE NORTHEAST CORNER OF SAID LOT NO. TWENTY (24); THENCE NORTH ALONG THE WEST LINE OF ASHLAND AVENUEA DISTANCE OF TWENTY (20) FEET TO THE POINT OF BEGINNING. ALSO A PART OF EDISON STREET (NOW VACATED) DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF BLOCK NO. TWO (2) IN CHRISTIE ADDITION IN THE CITY OF WATERLOO, IOWA; RUNNING THENCE WEST ALONG THE SOUTH LINE OF BLOCK NO. TWO (2) TO THE SOUTHWEST CORNER OF LOT NO. TWENTY-ONE (21), IN SAID BLOCK NO. TWO (2); THENCE SOUTH A DISTANCE OF SD(TY-SD( (66) FEET TO THE NORTHWEST CORNER OF LOT NO. FOUR (4), IN BLOCK NO. ONE (1), IN SAID CHRISTIE ADDITION IN THE CITY OF WATERLOO, IOWA; THENCE EAST ALONG THE NORTH LINE OF SAID BLOCK NO. ONE (1) TO THE NORTHEAST CORNER OF SAID BLOCK NO. ONE (1); THENCE NORTH ALONG THE WEST LINE OF ASHLAND AVENUE A DISTANCE OF SD(TY-SD( (66) FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, AND STATE OF IOWA, AND BEING THE WEST EIGHTY (80) FEET OF LOT NO. EIGHT (8) AND ALL LOTS NOS. SEVEN (7), NINE (9), TEN (10), ELEVEN (11) AND TWELVE (12), ALL IN BLOCK NO. FIVE (5), IN "ROSEBUD ADDITION", IN WATERLOO, IOWA." Zo Rgc 3of1 Page 129 of 661 Page 4 of 4 First American Title Insurance Company National Commercial File No.: 309302BS22 (dk) Services Date: 07/11/2008 "THE WEST SIX (6) RODS OF THE SOUTH TWENTY-FOUR (24) RODS OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NO. FOURTEEN (14), TOWNSHIP NO. EIGHTY-NINE(89) NORTH, RANGE NO. THIRTEEN (13) WEST OF THE FIFTH (5TH) PRINCIPAL MERIDIAN, IN WATERLOO, IOWA." THAT PART OF ASHLAND AVENUE BETWEEN WEST PARKER STREET AND BREES STREET AND THAT PART OF EDISON STREET BETWEEN ASHLAND AVENUE AND THE ALLEY EAST OF LOT 12, BLOCK 5, ROSEBUD ADDITION IN THE COUNTY OF BLACKHAWK, STATE OF IOWA. THAT PART OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION FOURTEEN (14), TOWNSHIP EIGHTY-NINE NORTH (T89N), RANGE THIRTEEN WEST (R13W) OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA DESCRIBED AS FOLLOWS: THE EAST TEN (10) RODS OF THE WEST SD(TEEN (16) RODS OF THE SOUTH TWENTY-FOUR (24) RODS OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (SW 1/4 NE 1/4 SW 1/4) OF SAID SECTION FOURTEEN (14), EXCEPT HIGHWAYS AND ALSO EXCEPTING THE SOUTH ONE HUNDRED THIRTY-THREE (133.00) FEET OF THE EAST EIGHTY (80.00) FEET THEREOF, CONTAINING 1.19 ACRES. ALSO KNOWN AS PARCEL B OF PLAT OF SURVEY FILED IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDED IN MISCELLANEOUS BOOK 317 AT PAGE 19 ON AUGUST 14, 1995. SITUATE IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK AND STATE OF IOWA AND BEING LOT 21 OF BLOCK 4 AND LOT 6 OF BLOCK 1, "ROSEBUD ADDITION", IN WATERLOO, IOWA. A.P.N. 7 Q o Page 130 of 661 WAIVER Date: LJl2 S/23 Honorable Mayor and Gity Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the .driveway and sidewalk specifications for the construction of a "'`�� °" driveway or sidewalk located at concrete r asphalt) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). ?(\.\ elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 9. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such tune 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 Gity Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, (Please make payment to: City of Waterloo.) Printed Name of Property Owner Signature of Property Owner Page 131 of 661 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department May 15, 2023 AGENDA ITEM TITLE Resolution approving request of Mark Badura for a waiver for a concrete driveway, located at 303 W. Orange Road, with the elimination of the sidewalk section due to inability to meet grade requirements. RECOMMENDED COUNCIL ACTION Recommended for approval by the City Engineer. SUMMARY STATEMENT AND BACKGROUND INFORMATION Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway at 303 W. Orange Road. 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 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. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 132 of 661 ALTERNATIVE ACTION LEGAL DESCRIPTION That part of the Northwest Quarter of the Northeast Quarter of Section No, Twenty-one (21), Township No, Eighty-eight (88) North, Range No. Thirteen (13) West of the Fifth (5th) Principal Meridian, Black Hawk County, Iowa, lying within the following described boundaries! Commencing at a point on the North line of said Section which is One Thousand Four Hundred Eighty-seven (1487) feet West of a point which is Twenty-nine and Seventeen Twenty-sevenths (29 17/27) Rods West of the Northeast Comer of said Section; running thence West along the North line of said Section a distance of One Hundred Thirty-three (133) feet; thence South at right angles a distance of One Hundred Sixty-seven (167) feet; thence East along a line which is paralIel with the North line of said Section a distance of One Hundred Thirty-three (133) feet.; thence North a distance of One Hundred Sixty-seven (167) feet to the point of beginning, except the North Forty (40) feet thereof conveyed to Black Hawk County for road purposes. ATTACHMENTS None Page 133 of 661 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving award of bid to Landmark Turf Services, LLC, of Dunkerton, Iowa in the amount of $48,142.00, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2024 Levee Rip Rap Spraying, Contract No. 1083, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 134 of 661 None Page 135 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution awarding bid to D. W. Zinser Co., Inc., in the amount of $56,900.00, in conjunction with Demolition and Site Clearance Services, Contract No. D-2023-04-01P, located at 1100 Sycamore Street, approving the contract, bond and certificate of insurance, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The property in question is the former Black Hawk Sprinkler building. It has been tested and abated for asbestos, and is now being demolished. Bids were opened on March 23, 2023, and the public hearing was held on April 3, 2023. The award of contract was delayed while we have been seeking HUD approval for the funding to demolish the property. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES HUD funds and/or Nuisance Abatement bonds, or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 136 of 661 ATTACHMENTS 1. Demolition Contract D-2023-04-01 P 2. Demolition RFB Contract D-2023-04-01 P 3. 1100 Sycamore St Aerial 4. Beacon - Black Hawk County, IA - Report_ 1100_Sycamore Page 137 of 661 CONTRACT D-2023-04-01P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 1100 Sycamore Street This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of May 15, 2023 by and between the City of Waterloo, Iowa ("City") and D.W. Zinser Co., Inc.. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of May 15, 2023 thru July 16, 2023, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $56,900 as provided in the Bid Tabulation that is part of Page 138 of 661 Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 2 of 4 Page 139 of 661 or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01P: 1100 Sycamore Street. Page 3 of 4 Page 140 of 661 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA D.W. ZINSER CO., INC. By: Quentin Hart, Mayor Kyle Fisher Attest: Kelly Felchle, City Clerk DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01P: 1100 Sycamore Street. Page 4 of 4 Page 141 of 661 CITY OF WATERLOO, IOWA OF WAr,,A AF oa ah..... -71 O ,, 4.,.. • 0 . .. • 11 1 1 1 0 7b►1 Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos -containing materials (no RACM)] March 2023 RFB Demolition and Site Clearance Services Contract D-2023-04-01 P 1100 Sycamore Street City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 142 of 661 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the (Non-RACM) demolition, removal, disposal and site clearance of 1100 Sycamore Street. 1.1 All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday March 16, 2023 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. RFB Timeline Name of the Bid: Demolition and Site Clearance Services (Non-RACM) Demolition Contract D-2023-04-01 P Notice of RFB Date: March 7, 2023 Mandatory Walk Thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: E-mail Address: Phone: There shall not be a mandatory walk thru, but perspective bidders are encouraged to contact the City's Representative to schedule a time to look at the building. Thursday March 23, 2023 at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (NO-RACM) DEMOLITION CONTRACT D-2023- 04-01 P. City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) aric.schroeder@waterloo-ia.org Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2023-04-01P: 1100 Sycamore Street Page 2 of 26 Page 143 of 661 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday March 23, 2023, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Cannel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the Contract is anticipated to be at the City Council meeting on Monday April 3, 2023. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on April 3, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection at the hearing. Contact the City Clerk's Office at 319- 291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2023-04-01P: 1100 Sycamore Street Page 3 of 26 Page 144 of 661 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty -day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the Contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of the Contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2023-04-01P: 1100 Sycamore Street Page 4 of 26 Page 145 of 661 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, including references, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for two (2) months, anticipated to be from April 3, 2023 to June 2, 2023. 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2023-04-01P: 1100 Sycamore Street Page 5 of 26 Page 146 of 661 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services (no- RACM) for: 1100 Sycamore Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2023-04-01P: 1100 Sycamore Street Page 6 of 26 Page 147 of 661 The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the Contract. This Contract includes one property, 1100 Sycamore Street. The property is a former commercial business (Black Hawk Sprinkler). The property includes a breezeway connection to a separate adjoining property at 1112 Sycamore Street. The connecting breezeway is to be demolished, but 1112 Sycamore Street is not to be demolished, and shall be protected. The property in question also includes a garage structure that is not connected to 1100 Sycamore, but is connected or at least directly abutting to the building at 1112 Sycamore Street. The garage is to be included in the demolition, but 1112 Sycamore Street is not to be demolished, and shall be protected. Demolition contractor is not responsible for any exterior modifications to 1112 Sycamore Street after removal of the connecting buildings. 1100 Sycamore Street may have multiple addresses, and may have also been known as 1104 Sycamore Street and 1106 Sycamore Street. Please note: the property has been abated for asbestos containing material (ACM). 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators' judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2023-04-01P: 1100 Sycamore Street Page 7 of 26 Page 148 of 661 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2023-04-01P: 1100 Sycamore Street Page 8 of 26 Page 149 of 661 Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES: Contract: D-2023-04-01P: 1100 Sycamore Street Page 9 of 26 Page 150 of 661 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the sites are, not to exceed: 1100 Sycamore Street Total Total in written form: The correct summation of the actual bid tabulation figures will supersede the listed total, Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the Contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid Page 151 of 661 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES — (NO-RACM) DEMOTION CONTRACT D-2023-04-01P 1100 Sycamore Street PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees (there are no known trees other than small volunteer shrubs), structures, cement slabs, driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences, wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury -containing materials including fluorescent, high-pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB -containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 11 of 26 Page 152 of 661 H. Complete the demolition work in accordance with the plans and these technical specifications. 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures (including public sidewalk closures) shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open -bodied trucks transporting materials likely to give rise to airborne dusts. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 12 of 26 Page 153 of 661 F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below -ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01P: 1100 Sycamore Street. Page 13 of 26 Page 154 of 661 within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the Contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and Contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. The Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 14 of 26 Page 155 of 661 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in Part 2 B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract after being notified by the City with a Notice to proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third - party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa, its officers RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 15 of 26 Page 156 of 661 and employees, shall be named as additional insured on the third -party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. The basement area is to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re -excavation of the basement area at the Contractor's expense. The City cannot provide verification regarding the area of the basements, but the Black Hawk County Assessor's detailed reports do provide indication for presence of basements and approximate areas. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump -sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails, bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a Contract parcel and an improved non -Contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen. The Contractor shall protect any trees on adjacent RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 16 of 26 Page 157 of 661 property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas -free when checked with a "Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under the Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 17 of 26 Page 158 of 661 C. Tires, Household Hazardous Waste, White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste) will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for entire project. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: The structures have been tested and have been abated for asbestos containing materials (ACM). F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 18 of 26 Page 159 of 661 placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. All backfill shall be adequately compacted so as to minimize soil settling. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer, and straw mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 19 of 26 Page 160 of 661 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including, but not limited to, water, sewer, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Backfill and Compaction: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right -of -Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off -site vehicle track out (stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40% Berkshire Hard Fescue 30% Treasure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 20 of 26 Page 161 of 661 Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. Once vegetation is established to stabilize the soil, the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre -disturbance inspection prior to land disturbance, and for post -disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01P: 1100 Sycamore Street. Page 21 of 26 Page 162 of 661 and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pick up any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill — refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste) to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the Project Planner who will in turn notify the City. The City will then inform the State Historical Society of Iowa (SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed" basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 2.17 SPECIAL PROVISIONS The Contractor shall discus street land closures or full street closures with the City of Waterloo. If sufficient room is not available for staging within closure areas, the City of Waterloo will allow staging on a vacant lot owned by the City of Waterloo located across E. 9th Street, subject to agreement that any damage is repaired, including but not limited to damage to curbs, sidewalks, driveway, and reseeding any disturbed grass areas. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 22 of 26 Page 163 of 661 Exhibit "C" CONTRACT D-2023-04-01P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 1100 Sycamore Street This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of April 3, 2023 by and between the City of Waterloo, Iowa ("City") and . ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of April 3, 2023 thru June 2, 2023, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFB response, except by written amendment as provided herein. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda (if any) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 23 of 26 Page 164 of 661 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 24 of 26 Page 165 of 661 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 8. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 12. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01P: 1100 Sycamore Street. Page 25 of 26 Page 166 of 661 written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 13. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Contract D-2023-04-01 P: 1100 Sycamore Street. Page 26 of 26 Page 167 of 661 City Lot that can potentially be used for staging Cittj of Waterloo, Iowa W-+-E Deno 1PS2 of RR fi4Beacon' Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District School District 891325179008 1106 SYCAMORE ST 1100 SYCAMORE ST 1104 SYCAMORE ST WATERLOO IA 50703 N/A ORIGINAL PLAT WATERLOO EAST NW 105 FT LOT 2 BLK 20 NW 105 FT LOT 3 BLK20AND EASE (Note: Not to be used on legal documents) 2006-001670 (7/19/2005) 0 C - Commercial (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood PDF 13 WAREHOUSE/SHO Owner information Deed CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Sales Date Seller 7/15/2005 BLACKHAWKAUTOMATIC SPRINKLER 10/15/1996 Show Deed/Contract Show Deed/Contract Land Buyer CITY OF WATERLOO Mail To CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Recording Sale Condition - NUTC 2006- SALE TO/BY GOVERNMENT - PRIOR 09 01670 322-549 COMMERCIAL SALE OF TWO OR MORE PARCELS - SINGLE CONSIDERATION - PRIOR 09 El Show There are other parcels involved in one or more of the above sales: Lot Area 0.29 Acres ; 12,600 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Commercial Buildings Total GBA Building 1: 8,928 SF Shop, C'BIk or Tile - 8" / Metal/ Frame (80'-99' Wide), 1 Story, Built -1901, 8928 SF, Bsmt - 0 SF, HVAC - Suspended Gas Unit / Combination FHA - AC, Roof - 3-Ply Compo/ Wood Deck, Condition - Poor Adjustments: Sprinkler - exposed wet, 8928 SF Office - internal w/heat only, 4400 SF Enameled Steel on Block Buildings (, 112 SF Plumbing: Building Extras: 2 -Toilet Room #1- Door, O.H. - Door - Manual, 10 Ft Wide, 9 Ft High, 1901, Qty1 #2- Door, O.H. - Door - Manual, 6 Ft Wide, 8 Ft High, 1901, Qty1 #3- FR WALKWAY, Quantity=84.00, Units=Square Feet, Height=8, 1989, Qty1 Yard Extras #1- (1) Garage (Commercial) 576 SF, Block, Average Pricing, Built 1948 #2 - (1) Paving - Concrete 2,500 SF, Concrete Parking Lots, Average Pricing, Built 1960 Permits Permit # WA 2397 Date 11/01/2005 Description Misc Type Deed Contract Multi Parcel Amount $275,000.00 $125,000.00 Amount 8.147 Page 169 of 661 Valuation 2022 2021 2020 2019 2018 Classification Commercial Commercial E E E + Assessed Land Value $12,600 $12,600 $12,600 $12,470 $12,470 + Assessed Building Value $91,550 $91,550 $91,550 $187,330 $187,330 + Assessed Dwelling Value $0 $0 $0 $0 $0 Gross Assessed Value $104,150 $104,150 $104,150 $199,800 $199,800 Exempt Value ($104,150) ($104,150) ($104,150) ($199,800) ($199,800) = Net Assessed Value $0 $0 $0 $0 $0 Exemptions Code Description E86 CITY PROPERTY Taxation Amount 104,150 2021 2020 2019 2018 Pay 2022-2023 Pay 2021-2022 Pay 2020-2021 Pay 2019-2020 + Taxable Land Value $0 $0 $0 $0 + Taxable Building Value $0 $0 $0 $0 + Taxable Dwelling Value $0 $0 $0 $0 = Gross Taxable Value $0 $0 $0 $0 Military Credit $0 $0 $0 $0 = Net Taxable Value $0 $0 $0 $0 x Levy Rate (per $1000 of value) 39.49908 40.15223 40.46092 39.49347 Gross Taxes Due $0.00 $0.00 $0.00 $0.00 Ag Land Credit $0.00 $0.00 $0.00 $0.00 Family Farm Credit $0.00 $0.00 $0.00 $0.00 Homestead Credit $0.00 $0.00 $0.00 $0.00 Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 Business Property Credit $0.00 $0.00 $0.00 $0.00 Net Taxes Due $0.00 $0.00 $0.00 $0.00 Tax History Year Due Date Amount Paid Date Paid Receipt 2021 March 2023 September 2022 2020 rch 2022 September 2021 2019 March 2021 September 2020 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches $0 No 429802 $0 No $0 No 340491 $0 No $0 No 207666 $0 No Page 170 of 661 CBLK GAR [576] 24 24 20 FR WALKWAY [04] Sketch by wwx.cannyision.corn Map Polling Location View Polling Location 4'X 21' 24 60 112 B1-1S TILE1FR 92 [0920] 84 Page 171 of 661 Recent Sales In Area Sale date range: From: 03/07/2020 To: 03/07/2023 Sales by Neighborhood Sales by Subdivision 1500 Feet Sales by Distance No data available for the following modules: Agricultural Land/CSR, Residental Dwellings, Agricultural Buildings, Tax Sale Certificate, Special Assessments. The maps and data available for access at this website are provided "as is" without warranty or any representation of accuracy, timeliness, or completeness. User Privacy Policy GDPR Privacy Notice Last Data Upload: 3/7/2023, 1:02:09 AM Version 2.3.250 Developed by Schneider GEOSPATI AL Page 172 of 661 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Division Manager Public Works Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving submission of a U.S. Department of Transportation Safe Streets for All (SS4A) Grant in the amount of not to exceed $10,000,000.00, for Development of a Comprehensive Safety Action Plan and committing to providing the required 20% local match and implementing the Action Plan with a target date of 2045 to achieve zero traffic fatalities and severe injuries. RECOMMENDED COUNCIL ACTION Approve Resolution SUMMARY STATEMENT AND BACKGROUND INFORMATION If successful the grant will provide Federal funds to develop, complete, or supplement a comprehensive safety action plan. The goal of the Action Plan will be to develop a systemic, well- defined strategy to prevent traffic fatalities and serious injuries for all road users. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 173 of 661 ATTACHMENTS None Page 174 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department AGENDA ITEM TITLE Board of Adjustment Minutes of March 28, 2023. RECOMMENDED COUNCIL ACTION Approval MEETING DATE May 15, 2023 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. March 28, 2023 Minutes Page 175 of 661 CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT MINUTES REGULAR MEETING - 4:00 P.M. MARCH 28, 2023 The regular meeting of the City of Waterloo Board of Adjustment was called to order by Vice - Chairperson Thornsberry at 4:00 p.m. via zoom and in -person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Craig Holdiman, Carole Gustafson, and John Beckman. Members present electronically were: Jeri Thornsberry. Members absent were: Brad Condon. Others present were: Lexi Blank, Aric Schroeder, & John Dornoff — Planning Department, and two citizens. Others present electronically were: Dave Boesen — City Council Liaison. I. Approval of the Agenda It was moved by Gustafson and seconded by Beckman to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the regular meetings on February 28, 2023. It was moved by Gustafson, seconded by Holdiman, to approve the minutes of the February 28, 2023, meeting. Motion carried unanimously. III. Decision Items 1. Request by Nagle Signs on behalf of the Black Hawk County Health Department for a variance to the sign regulations to allow for a 67.6 square foot monument sign, 3.6 square feet more than the 64 square feet permitted, and variance to allow for a flashing digital message center in the "R-3" Multiple Residence District located at 1407 Independence Avenue. Blank read the staff report recommending approval of the request. Brian Buss, Nagle Signs, stated he was available to answer questions. Holdiman asked the size of the current sign to which Buss responded about 42 square feet. It was moved by Holdiman, seconded by Beckman, to approve the request by Nagle Signs on behalf of the Black Hawk County Health Department for a variance to the sign regulations to allow for a 67.6 square foot monument sign, 3.6 square feet more than the 64 square feet permitted, and variance to allow for a flashing digital message center in the "R-3"Multiple Residence District located at 1407 Independence Avenue. Motion carried unanimously. IV. Discussion The next meeting of the Board of Adjustment will be on April 25, 2023 Page 176 of 661 City of Waterloo Board of Adjustment March 28, 2023 V. Adjournment It was moved by Beckman, seconded by Holdiman, to adjourn the meeting at 4:10 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II 2 Page 177 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department May 15, 2023 AGENDA ITEM TITLE Michelle Weber Board/Commission: Design Review Board Expiration Date: May 15, 2026 Renewal RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Michelle Weber Board & Commission Application Page 178 of 661 Page 179 of 661 CITY OF WATERLOO, IOWA , t ,t/ f'-(' I1BOARDS & COMMISSIONS APPLICATION Date: ' r, rY), (1h 6-1 /e _ lit/ (p b P.i , request to be appointed to (state preference): (Name) 1. � n,n u n i)- 6/ y, JoI P P Br4r J 2. T 1 1' h Re: vi P fj2 /20a r--r am v&J fa, Homo Phone: c_e.j ? Cell Phone:319 7/„� L1,517 Work Phone: ?, f 3y g 7-'/ Home Address S%oc -S s R S Zipcode 5I b (.1 g Employer r-'c o Pr u 1 e� C Title -Ice --or o� cfX Se_r Employer Address f DO E k yip .3oD Zipcode Sn How long have you res4d in Waterloo? 2-'7 years 1' 1 Ac,k ai,Jl< Cv resi c e Z% Warr List current membership in organizations and offices held: s Yr rl 71 re-, % / f /%1e s-r7 -ez-- . / 1» r ?r✓- b-e_,- rr CroSSr67L » G /14 I am available for meetings: A.M. P.M. Noon Evenings I am available to serve on a Board/Commission the entire year: Yes No (check below) Spring Summer Fall Winter All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: vex c,.l� Nr 1 fC l 17J1,(� dli `, 1 g v � GO",-2 i. r d 'Tis 1.4 / t7 /21io fa1.07 ?'j/, irl n 11/42 ,r -%0 PA K-5 I--1 UoAT P. /� r rAc--1v" r i r? 03; 7' GpJ 177kh17 Additional information and comments that may not be evident from information already on this form: -Fop- Z ! l .Yr3 • ,Ia. -f' G r lob , -1 S- a p.ri / KZ 4/4 6,7 . Jf- q`i-rnr,r zn a 1071- n-P 5/hP_ .S, �a224,13e2i.c).`T I�priFJ 21 References (include phone numbers): / 319 /3 4/ gs 5 h ?gt,--) Jr L H pI' a I understand this application does not bind me to accept an appointment should it be offered, ner does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. G92.70,cf /-,V-/ 4f k11A) )61,V/7• RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 osfon,o FAX 291-4286; PHONE 291-4301. Rpp d 61-1 1,,D 4e(m s sL ~c D 5171 Page 180 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department May 15, 2023 AGENDA ITEM TITLE Terry Conrad Board/Commission: ADA Compliance Expiration Date: May 15, 2026 Renewal RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Terry Conrad Board & Commission Application Page 181 of 661 Page 182 of 661 Nay. .7, 2020 11:07AM No.3726 P. 2 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 3 -14+Z.o RECEN .1) MAI 0 7 2020 1, /trry L. Gorr-p.e1 , request to be appointed to (state preference); 1, 7'ibA' �J fax" Cs2 2. Homo Phone; Cell Phone. gig- Work Phone: 3(7-Ztoo-sag? Home Address `/q3a pa Employer Title Employer Address- Zipcode t.769 How long have you resided In Waterloo? 5-'7 years List current membership In organizations and offices held: Zipcode S ec�1 I am available for meetings: P.M 1 am available to ssrve on a Board/Commission the entire year; below) Spring No (cfleok Summer Fall Winter All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: Additional Information and comments that may not be evident from Information already on this form: References (include phone numbers): I understand this application does not bind me to accept an appointment should it be offered, nor does It guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. ff)} 51 0(ao 4b / --` -fie m p. 5/tg[a Signatur RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 oar000n: FAX 201.4280; PHONE 291-4301. Page 183 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department May 15, 2023 AGENDA ITEM TITLE William Kugler Board/Commission: General Contractor Board of Licensing, Examiners & Appeals Expiration Date: May 15, 2026 Renewal RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. William Kugler Board & Commission Application Page 184 of 661 Page 185 of 661 Home Phone: � Cell Phane' �j t � �.S Q`-i Work- J�t� ,.cam . Zip Code �:t `:r Title .AA4'A. tele: .. Zip Code'. c () , o How long have you resided in Waterloo? . ; 3 u - . " years 9 s-' ,,.List current membership in � organizations and offices Held: U > '��;_� �� As5 0, d..-j 'Home 6ddres8. `� A Ck r Employer s ci5V. , Ernployer Address •1 am available for meetings; Mic.m. f-1 P.M. . ❑ Noon . Evenings... 1 am available to serve on a Board/Commission the entire year; tomes ❑ No If.rb, list rnoriths :not able to serve: • Briefly explain your qualifications for appointment to a designated.Board/Commission: \c-d li b"i �.p.-�.il VV14f �✓l Z l _ ' l� '-Lv J i - '(rk-tif 1 v, L�{'€ L�i� Jl'Tv +1�Si1., ��>"v� a r i i� \�i` �?t�'�i �'.1 \fts G� ��1 a, Sri ,T�' �r'* � .✓� �`T�J� h 3 t ' - .1 -� 0>- ` L • LJ�,. �• ��t� �l!1'4Vv j d . i.I-f.` Additional informationbnd cornments that may -not be evident fronli inforenatiori already on this form:. • References (include phone numbers ( understand this application does not bind me toacceptan appointment should it be offered, :nor'Oest guarantee an appointment to a. Board/Commission. If selected, I will be available to attend.appiopriate. t wining sessions.•This application will remain valid and on file for one calendar Year from shove date /ho.: /st4l7._3y7 A6 . V 518' b. TU. , -/um'y 8/ ignaturG . j�H(i1 TO tliiAYOR'S'OFF ('E, 713 .MULBERRY ' a,. lA' E0 LL -8:Y r Z91,428 � �510:�'il��' .�/ re 3 -.' l )iP' r $ • Pagel86 of 66? CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department May 15, 2023 AGENDA ITEM TITLE Ross Samek Board/Commission: General Contractor Board of Licensing, Examiners & Appeals Expiration Date: May 15, 2026 Renewal RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 187 of 661 1. Ross Samek Board & Commission Application Page 188 of 661 RECEIVED MAR u 6 2017 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 3/3/2017 1, Ross Samek , request to be appointed to (state preference): (Name) General Contractors Board of Licensing, Examiners & Appeals 2. Home Phone: Cell Phone: 319-240-1169 Work Phone: 319-232-0490 Home Address 1085 South Hill Drive Zip Code 50701 Employer Hawkeye Alarm & Signal Title Vice President Employer Address 16 West Commercial Street Zip Code 50701 How long have you resided in Waterloo? 29 years List current membership in organizations and offices held: NICET- Fire Alarm System Level II Waterloo Elks Club No. 290 I am available for meetings: NI/A.M. ❑ P.M. ❑ Noon 'Evenings I am available to serve on a Board/Commission the entire year: KA/Yes ❑ No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: have been an active participant in the low voltage security trade here in Waterloo for 4 and half years. I may lack the years of experience but more than make up for in professionalism and competence. It would be an honor to serve on this board. Additional information and comments that may not be evident from information already on this form: References (include phone numbers): Lt. Chirs Ferguson- Waterloo Fire Rescue 319-493-1136 Tim Moyer- City of Waterloo 319- 464-5683 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. T �lLk/ IL A 7/3�24CA/t� n(f, .5—/d-26- 0 + Signature ,28kta- c5akna,‘ RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Rev04/14/2014 FAX 291-4286; EMAIL: mavorawaterloo-ia.orq; PHONE 291-4301 Page 189 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department May 15, 2023 AGENDA ITEM TITLE Deb Waterman Board/Commission: General Contractor Board of Licensing, Examiners & Appeals Expiration Date: May 15, 2026 Renewal RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 190 of 661 1. Deb Waterman Board & Commission Application Page 191 of 661 RECEIVED MAY 01 2012 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 5-4 i, Peb INakermcU (Name) 1. Clexneiro k Con-b tantrs iDoct.va 2. Home Phone: 31q ctt l-g2lpq CeII Phone:3ICI '26(1-91 alp Work Phone: 31q Q"I 1- 6 i O?) Horne Address 213tp L-avvc bee, Avt_. Derr je,r lA Zip Code 506 Za Employer Mabee.. Cnns-tv-udiwn Gnm?an j Title Proi-or VY\u a3er Employer Address 1105 Wakloo - d C.Cct.ar fcULS Zip Code 50(o How long have you resided in Waterloo? years List current membership in organizations and offices held: , request to be appointed to (state preference): t-10"3(Ail,ettrs Assocu,.3/4 )JoAheas-t J &&- - Post- esrdcwv ME) 1brzura o f dArecke s —cur lb Lke.cs am available for meetings: l A.M. F P.M. II Noon -i i Evenings I am available to serve on a Board/Commission the entire year: NYes 0 No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: 65ilr ok vw3 r d (dh- awal f,maec;tir` 4 r Q_61 n,hrf4 and eommn)(-6,o..0 rrorcts Additional information and comments that may not be evident from information already on this form: References (include phone numbers): Wane- YNaee� 31a-�-��_oI bo I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commisslon. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. f !6-/g 1/ 7 '76 874 Ps</0 5/g/2 oaz o 4_7 ' r Signature (� a)samai i(� 4Frd 6frpb40c)4b- 1.1)T RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Revo4n4r2o14 FAX 291-4206; EMAIL: mayorAwaterloo-ia.orq; PHONE 291-4301 Page 192 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department May 15, 2023 AGENDA ITEM TITLE Dennis Wilson Board/Commission: General Contractor Board of Licensing, Examiners & Appeals Expiration Date: May 15, 2026 Renewal RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 193 of 661 1. Dennis Wislon Board & Commission Application Page 194 of 661 Date: CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION 4-11-2017 RECEIVED APR 12 2017 I� Dennis Wilson , request to be appointed to (state preference): (Name) 1. General Contractors Board 2, Horne Phone: Cell Phone: 319-290-0747 Work Phone: 319-266-7721 Home Address 511 Alvarado Avenue Cedar Falls, Iowa Zip Code 50613 Employer Blackhawk Sprinklers Employer Address 525 E. 18th Street Cedar Falls, Iowa Title Chief Design Officer Zip Code 50613 How long have you resided in Waterloo? 53 years 3 Years in Cedar Falls List current membership in organizations and offices held: NICET, no offices held I am available for meetings: ■ A.M. ❑ P,M. 0 Noon 0 Evenings I am available to serve on a Board/Commission the entire year: ■Yes ❑ No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: Been working @ Blackhawk Sprinklers for 32 years, 29 Chief Desig Officer, In this time I have studied everything about Architectural Plans and Building trades. Additional information and comments chat may not be evident from Information already on this form:. References (include phone numbers): Mike Gerst 319-240-8655 Bob Fontanini 319-404-1457 Patrick Daugheubaugh 515-725-6159 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission, If selected, I will be available to attend appropriate training sessions, This application will remain valid and on file for one calendar year from above date, 5 8'1/7 45 t- Act/ 51e /1 ; 5 % /,20.z v 3 y e. Signature I.l.�nVriri►•°l Monf RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 tiwoci 2014 FAX 291-4286; EMAIL: mavor(i waterloo-Ia.arq; PHONE 291-4301 A"2-11-3prel 5/g/u c--j3'-4rj1 w. 4Lfm; p VIA3 Page 195 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department May 15, 2023 AGENDA ITEM TITLE Dionne Grabek Board/Commission: Housing Authority Board Expiration Date: May 15, 2025 Renewal RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Dionne Grabek Board & Commission Application Page 196 of 661 Page 197 of 661 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: Q 1 C� i -'r9QD-1 RECEIVED JAN 1 7 2020 1, *no Q Ctt(Q> G- b-Q. , request to be appointed to (state preference): (N me) 1. k\M0.6Np} StaStt SALIWk tkac(1 2. Home Phone: CeII Phone:f q -3d 2O73 Work Phone: Home Address Gt2 , iZ c45-z-4-04i 44"c,241--( Zip Code.G4 Employer Title Employer Address Zip Code How long have you resided in Waterloo? 110 years List current membership in organizations and offices held: 1 am available for meetings: [. t P.M. 3-Noon Evenings am available to serve on a Board/Commission the entire year: LYs 3 No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: man 2r ,5 i dP n{M1 Ian 5, l - � 1 ((f)( LtS�'.�YL v��) Additional information and comments that may not be evident from information already on this form: References (include phone numbers): 5 `l .' 'bat/0D \'• I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions, This application will remain valid and on file for one calendar year from above te. App4-d At F-1 -- -t m Feb. I coy ; - a- /-- 3 Signature�� RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 R01104114/2014 FAX 291-4286; EMAIL: mavor(waterloo-ia.orq; PHONE 291-4301 Page 198 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department May 15, 2023 AGENDA ITEM TITLE Liquor Licenses a. The Isle Casino Hotel Waterloo, 777 Isle of Capri Bvd., Class C Alcohol w/Outdoor Service and Sunday Sales, Renewal - Exp: 4/30/2024. b. Riverloop Expo Plaza, 400 Jefferson St., Special Class C Alcohol w/Outdoor Service and Sunday Sales, New (8-month) - Exp: 1/15/2024. c. Michoacana Meat Market, 1215 Franklin St., Class B Alcohol w/Sunday Sales, Renewal - Exp: 4/26/2024. d. Steamboat Gardens, 1740 Falls Ave., Class C Alcohol w/Sunday Sales, Renewal - Exp: 6/13/2024. e. Main Street Waterloo, 300 Jefferson St., Special Class C Alcohol w/Sunday Sales, New (5- day) - Esp: 5/22/2023. f. Main Street Waterloo, 300 Jefferson St., Special Class C Alcohol w/Outdoor Service and Sunday Sales, New (5-day) - Exp: 5/26/2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 199 of 661 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 200 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Recommendation of appointment of Danielle DeNeui, from the current Civil Service list to the position of Stormwater Specialist in the Engineering Department, effective May 16, 2023. RECOMMENDED COUNCIL ACTION Approve the appointment of Danielle DeNeui to the position of Stormwater Specialist effective May , 2023. SUMMARY STATEMENT AND BACKGROUND INFORMATION This appointment is being made from the Certified Civil Service List. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. STORM WATER SPECIALIST 2.2023 2. Stormwater PERSONNEL REQUISITION QUESTIONS Page 201 of 661 3. Storm Water Specialist Feb 2023 Page 202 of 661 CITY OF J.J << TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE ITY OF WATERLOO, IOWA OPEN EXAMINATION STORM WATER SPECIALIST DEPARTMENT COMMUNITY PLANNING & DEVELOPMENT - ENGINEERING SALARY $32.34 per hour FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT AFSCME LOCAL#1195 GENERAL STATEMENT OF DUTIES Professional and technical position responsible for performing storm water management related work in the field and office and on a variety of public works projects. The work is performed under the general direction of a higher -level engineer but considerable leeway is granted for the exercise of independent judgment and initiative. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Conducts inspections of a variety of public works projects for Storm Water Pollution Prevention Plan (SWPPP) compliance 2. Reviews SWPPP plans and post -construction site plans. 3. Coordinates and conducts National Pollutant Discharge Elimination System (NPDES) inspections program for construction sites and post -construction storm water management facilities. 4. Helps coordinate storm water management program. 5. Inspects all storm water facilities including pump stations, gate wells, manholes, inlets, other structures, drainage ways, etc. 6. Helps train municipal employees on storm water Best Management Practices (BMP's). 7. Conducts public education activities for storm water management program. 8. Responds to complaints and answers requests from the public regarding storm water management. 9. Participates in the preparation and maintenance of storm water system records. 10. Notifies, works with and provides expertise to Fire Rescue, Building Inspections, Waste Management and Planning and Zoning regarding storm water issues. 11. Monitors, responds to complaints, resolves violations, including possible storm water violations, and issues citations if necessary. 12. Testifies in court regarding violations of related City storm water ordinances. Page 203 of 661 13. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 14. Works inside and outside to review construction sites, meet with contractors and attend meetings; operates passenger -type vehicle to visit inspection sites; works in a variety of weather extremes, excessive noise, mechanical hazards; work environment may be dusty and dirty; terrain may be wet, slippery or uneven. 15. Works independently and with others with minimal supervision. 16. Performs work of a repetitive nature and varied workload pace. 17. Regular attendance on the job and at the work site is required. 18. Performs all work duties and activities in accordance with OSHA, City and Engineering Department policies, procedures and safety rules and regulations. 19. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of the principles and practices of engineering as applied to the design, maintenance, inspection and repair of public works facilities. 2. Ability to present materials and information in good report form, complete forms and perform required record keeping. 3. Skilled in use of personal computer and database knowledge. 4. Skilled in use of civil engineering instruments and equipment. 5. Ability to function with independent judgment and skill to plan, assist and supervise the work of others as it relates to engineering principles and practices. 6. Ability to communicate orally and in writing to read, analyze, record and interpret complex technical data and computations, review materials on a variety of engineering projects, present facts and findings, give advice and recommendations and respond to questions from the public, public officials, contractors and coworkers tactfully and promptly, in a clear, concise and easily understandable manner. 7. Ability to communicate effectively and maintain working relationships with other City employees, supervisors, public officials, contractors, other government agencies and the public. 8. Ability to safely operate passenger vehicle. 9. Ability to use independent judgment to recognize and solve problems as they occur. 10. Knowledge of occupational hazards and ability to enforce appropriate safety precautions when working at construction sites. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds ACCEPTABLE EXPERIENCE & TRAINING 1. Graduate of an accredited college or university with a Bachelor's Degree in Civil or Construction Engineering, Biology, Earth Sciences, Geography or Environmental Science OR Graduate of a technical school or community college with an Associate of Applied Science Degree in Civil Engineering Technology or a directly equivalent degree and minimum five (5) years of experience in public works design, engineering and public works inspection OR High school graduate/GED with minimum ten (10) years of experience in public works design, engineering and inspection OR Page 204 of 661 Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Prefer Iowa Certified Construction Site Pollution Prevention Inspector (ICCSPPI) Certification or other recognized certification; must obtain within six months of appointment. 3. Prefer storm water management program experience. 4. Prefer Geographic Information Systems (GIS) experience. 5. Iowa Driver's License and good driving record based on City of Waterloo driver performance criteria. 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 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 years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, 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 while driving on City business. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing to understand verbal instructions, respond to questions from the public, public officials and contractors, hear traffic in work areas, communicate with coworkers in person, over the telephone or over a radio and make oral presentations. 2. Sufficient personal mobility that permits the employee to safely operate a passenger vehicle, travel inside and outside in all weather, review construction sites and attend meetings. 3. Sufficient vision and manual dexterity that permits the employee to operate a personal computer, use civil engineering instruments and equipment, review construction sites, handle files and perform other administrative and technical duties. 4. Sufficient strength, mobility and flexibility to lift, carry, push or pull surveying and testing equipment weighing up to one hundred (100) pounds (may request assistance) and climb and work at heights up to fifteen (15) feet. MISCELLANEOUS 1. Required to wear personal protective equipment as needed such as safety glasses, safety shoes and safety vest and ability to observe and enforce appropriate safety precautions. 2. Following a conditional offer of employment, the City of Waterloo requires a physical examination by a physician of the City's choice, including a drug test, to determine if an applicant is capable of performing the essential functions of the job. Page 205 of 661 3. The City of Waterloo reserves the right to conduct a background investigation including employment, education and criminal history checks on any applicant being considered for this position. 4. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Generally Monday -Friday, 8:00 a.m. - 5:00 p.m. with one hour unpaid lunch. Must be available for department or City activities or meetings outside normal work schedule that require the attendance of the Storm Water Specialist. ORAL EXAMIMATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination 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 oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. ORAL EXAMIMATION All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. STORM WATER SPECIALIST 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 206 of 661 PERSONNEL REQUISITION Storm Water Specialist The following questions are provided as guidelines to assist you in developing your rational for the position of Storm Water Specialist in the Engineering 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? SWPPP plan review, SWPP compliance inspections, completing SWPPP books for City designed projects, City facility inspections, inlet labeling, watershed assessments, private detention basin inspections, public outreach, investigate and resolve storm water violations, topsoil inspections, weekly inspections for all City projects, inspecting all outlets that drain into the creeks and Cedar River, etc. and project administration. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. Currently all other employees are needed for other jobs in the department. (3) How is the work of this position being accomplished now? It is being completed with two stormwater specialists. This is a replacement for Sarah Kempen who recently resigned. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position will allow the City to meet its requirements under our NPDES Permit. If we do not meet the requirements of our permit, we are subject to fines from both the IDNR and EPA. The EPA audited the Cedar Falls stormwater program two years ago and Waterloo is overdue to be audited. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? There would be no cost savings as the required items must be completed to meet the requirements of our NPDES permit. This position is funded through the stormwater fee. (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 Page 207 of 661 (8) (9) out or earned that is directly attributable to this position and over what period of time? We pay some overtime now for public outreach participation. How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The federal government is adding more regulations (storm water permit, consent decree requirements, increased maintenance requirements for City's flood control system, ADA ramp program, wetland restoration) and this increases the need for qualified staff. The City has 2 RISE projects under construction, 2 major and 2 minor bridge replacements and major sanitary sewer and storm sewer projects, LaPorte Reconstruction project and street reconstruction and overlay projects that are handled by the Engineering Department. The City is building its own fiber optic system and that will require stormwater inspections as well. All consent decree projects at the treatment plant must be inspected. There is always new private construction projects and those must be inspected as well. As you have seen with permit values, they have been going up indicating increased construction and the need for increased inspection. 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. Watershed assessments, inspection of private detention basins, inlet labeling, city facility inspections and dry weather inspections will not be completed. There is no cost until the City is audited and fined and told to come into compliance. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Vacations are for only a week or so at a time and other staff can cover but may not be able to fully answer all questions that come in about a particular project. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It could but the cost to hire outside consultants will cost more than doing the work in house. (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 would rank #3 as this is a technical position and is required in order for the city to meet the requirements of its NPDES permit. Page 208 of 661 (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position will be paid for out of stormwater funds. As development increases, staff is required to do certain things according to our NPDES permit and that includes inspection of private development. By having staff to do the work, development can continue and there will not be delays in private construction. It also helps to improve Waterloo's image by having well trained staff that can answer questions of the general public and helps other departments by being able to answer their questions in a timely manner. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 209 of 661 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: Stormwater Specialist Department: Engineering Reports To: City Engineer Work Location: City Hall Employment Status: ® Regular Full Time [j Temporary Full Time from to n Regular Part Time n Temporary Part Time from to n Regular 7-Month [ Intern/Co-op Student from to Type of Position: Civil Service Position: ® Yes Bargaining Position: ® Yes Bargaining Group: AFSCME #1195 Non -bargaining Position: ❑ Yes ❑ No ❑ No 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: Sarah Kempen, Stormwater Specialist (Specify iu me aitd,title of former incumbent) If replacement, former incumbent: ElRetired/Resigned/Terminated ElTransferred ❑ Promoted Date incumbent terminated employment: 3/1/2023 Date of final payout: Anticipated start date: TBD No. of hours/week: 40 Work schedule: M-F Justification of need for position: Required to complete watershed assessments, inspect all private detention basins to ensure compliance with City ordinances, inlet labeling, City facility inspections and dry weather inspections. All of these are requirements of the City's storm water permit through the IDNR. What are the likely consequences if the position is not filled? We could be audited by the EPA and the IDNR and face fines for not meeting our NPDES permit requirements. APPROVALS Annual salary requirements: Hourly Rate: Benefits: (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: Cl/ fling Depatttnent Head 166 Finan Officer 01/30/2023 Date 1 ate Human Resources Committee Chairperson Date uman Resources Director Date Created 6/30/2017 Page 210 of 661 Kate Winston From: Ray Feuss Sent: Tuesday, February 21, 2023 12:28 PM To: Kate Winston Subject: Re: Personnel Requisition Approval Hi Kate Yes you do! THank you From: Kate Winston Sent: Tuesday, February 21, 2023 11:46 AM To: Ray Feuss Subject: Personnel Requisition Approval Good morning Ray - Do we have your approval for the positions that were submitted through the personnel requisition committee on Thursday, February 9th? Thanks!! Kate Winston Human Resources- Administrative Secretary 715 Mulberry St. CITY OF WATERLOO D: 319-291-4522 x3378 0: 319-291-4303 F: 319-291-4569 CITY OF WATERLOO Human Resources 1 Page 211 of 661 PERSONNEL REQUISITION Storm Water Specialist The following questions are provided as guidelines to assist you in developing your rational for the position of Storm Water Specialist in the Engineering 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? SWPPP plan review, SWPP compliance inspections, completing SWPPP books for City designed projects, City facility inspections, inlet labeling, watershed assessments, private detention basin inspections, public outreach, investigate and resolve storm water violations, topsoil inspections, weekly inspections for all City projects, inspecting all outlets that drain into the creeks and Cedar River, etc. and project administration. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. Currently all other employees are needed for other jobs in the department. (3) How is the work of this position being accomplished now? It is being completed with two stormwater specialists. This is a replacement for Sarah Kempen who recently resigned. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position will allow the City to meet its requirements under our NPDES Permit. If we do, not meet the requirements of our permit, we are subject to fines from both the IDNR,and EPA. The EPA audited the Cedar Falls stormwater program two years ago and Waterloo is overdue to be audited. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? There would be no cost savings as the required items must be completed to meet the requirements of our NPDES permit. This position is funded through the stormwater fee. (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 Page 212 of 661 out or earned that is directly attributable to this position and over what period of time? We pay some overtime now for public outreach participation. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The federal government is adding more regulations (storm water permit, consent decree requirements, increased maintenance requirements for City's flood control system, ADA ramp program, wetland restoration) and this increases the need for qualified staff. The City has 2 RISE projects under construction, 2 major and 2 minor bridge replacements and major sanitary sewer and storm sewer projects, LaPorte Reconstruction project and street reconstruction and overlay projects that are handled by the Engineering Department, The City is building its own fiber optic system and that will require stormwater inspections as well. All consent decree projects at the treatment plant must be inspected. There is always new private construction projects and those must be inspected as well. As you have seen with permit values, they have been going up indicating increased construction and the need for increased inspection. (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. Watershed assessments, inspection of private detention basins, inlet labeling, city facility inspections and dry weather inspections will not be completed. There is no cost until the City is audited and fined and told to come into compliance. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Vacations are for only a week or so at a time and other staff can cover but may not be able to fully answer, all questions that come in about a particular project. (11) Is it possible that.the.City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It could but the cost to hire outside consultants will cost more than doing the work in house. (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 would rank #3 as this is a technical position and is required in order for the city to meet the requirements of its NPDES permit. Page 213 of 661 (13) How does this position impact the Goals and Objectives for the City adopted by the City Council.? 'Ibis position will be paid for out of stormwater funds. As development increases, staff is required'to do certain things according to our NPDES permit and that includes inspdction of private development. By having staff to do the work, development can continue and there will not be delays in private construction. It also helps to improve Waterloo's image by having well trained staff that can answer questions of the general public and helps other departments by being able to answer their questions in a timely manner. Note: Forward completed questionnaire to Human Resources bepartment with original copy of Personnel Requisition form, Page 214 of 661 CITY OF TERLOO IOWA Crrr,irrrrmity rrf Oisizntturlity SALARY COMMUNITY PLANNING & DEVELOPMENT - ENGINEERING $32.34 per hour FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT AFSCME LOCAL #1195 GENERAL STATEMENT OF DUTIES Professional and technical position responsible for performing storm water management related work in the field and office and on a variety of public works projects. The work is performed under the general direction of a higher -level engineer but considerable leeway is granted for the exercise of independent judgment and initiative. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Conducts inspections of a variety of public works projects for Storm Water Pollution Prevention Plan (SWPPP) compliance 2. Reviews SWPPP plans and post -construction site plans. 3, Coordinates and conducts National Pollutant Discharge Elimination System (NPDES) inspections program for construction sites and post -construction storm water management facilities. 4. Helps coordinate storm water management program. 5. Inspects all storm water facilities including pump stations, gate wells, manholes, inlets, other structures, drainage ways, etc. 6. Helps train municipal employees on storm water Best Management Practices (BMP's). 7. Conducts public education activities for storm water management program. 8. Responds to complaints and answers requests from the public regarding storm water management. 9. Participates in the preparation and maintenance of storm water system records. 10, Notifies, works with and provides expertise to Fire Rescue, Building inspections, Waste Management and Planning and Zoning regarding storm water issues, 11. Monitors, responds to complaints, resolves violations, including possible storm water violations, and issues citations if necessary. 12. Testifies in court regarding violations of related City storm water ordinances. Page 215 of 661 13. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 14. Works inside and outside to review construction sites, meet with contractors and attend meetings; operates passenger -type vehicle to visit inspection sites; works in a variety of weather extremes, excessive noise, mechanical hazards; work environment may be dusty and dirty; terrain may be wet, slippery or uneven. 15. Works independently and with others with minimal supervision. 16. Performs work of a repetitive nature and varied workload pace. 17. Regular attendance on the job and at the work site is required. 18. Performs all work duties and activities in accordance with OSHA, City and Engineering Department policies, procedures and safety rules and regulations. 19. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of the principles and practices of engineering as applied to the design, maintenance, inspection and repair of public works facilities. 2. Ability to present materials and information in good report form, complete forms and perform required record keeping. 3. Skilled in use of personal computer and database knowledge. 4. Skilled in use of civil engineering instruments and equipment. 5. Ability to function with independent judgment and skill to plan, assist and supervise the work of others as it relates to engineering principles and practices. 6. Ability to communicate orally and in writing to read, analyze, record and interpret complex technical data and computations, review materials on a variety of engineering projects, present facts and findings, give advice and recommendations and respond to questions from the public, public officials, contractors and coworkers tactfully and promptly, in a dear, concise and easily understandable manner. 7. Ability to communicate effectively and maintain working relationships with other City employees, supervisors, public officials, contractors, other government agencies and the public. 8. Ability to safely operate passenger vehicle. 9. Ability to use independent judgment to recognize and solve problems as they occur. 10. Knowledge of occupational hazards and ability to enforce appropriate safety precautions when working at construction sites, 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds ACCEPTABLE EXPERIENCE & TRAINING 1. Graduate of an accredited college or university with a Bachelor's Degree in Civil or Construction Engineering, Biology, Earth Sciences, Geography or Environmental Science OR Graduate of a technical school or community college with an Associate of Applied Science Degree in Civil Engineering Technology or a directly equivalent degree and minimum five (5) years of experience in public works design, engineering and public works inspection OR High school graduate/GED with minimum ten (10) years of experience in public works design, engineering and inspection OR Page 216 of 661 Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Prefer Iowa Certified Construction Site Pollution Prevention inspector (ICCSPPI) Certification or other recognized certification; must obtain within six months of appointment. 3. Prefer storm water management program experience. 4. Prefer Geographic Information Systems (GIS) experience. 5. Iowa Driver's License and good driving record based on City of Waterloo driver performance criteria. 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 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 years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, 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 while driving on City business. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing to understand verbal instructions, respond to questions from the public, public officials and contractors, hear traffic in work areas, communicate with coworkers in person, over the telephone or over a radio and make oral presentations. 2. Sufficient personal mobility that permits the employee to safely operate a passenger vehicle, travel inside and outside in all weather, review construction sites and attend meetings. 3. Sufficient vision and manual dexterity that permits the employee to operate a personal computer, use civil engineering instruments and equipment, review construction sites, handle files and perform other administrative and technical duties. 4. Sufficient strength, mobility and flexibility to lift, carry, push or pull surveying and testing equipment weighing up to one hundred (100) pounds (may request assistance) and climb and work at heights up to fifteen (15) feet. MISCELLANEOUS 1. Required to wear personal protective equipment as needed such as safety glasses, safety shoes and safety vest and ability to observe and enforce appropriate safety precautions. 2. Following a conditional offer of employment, the City of Waterloo requires a physical examination by a physician of the City's choice, including a drug test, to determine if an applicant is capable of performing the essential functions of the job. Page 217 of 661 3. The City of Waterloo reserves the right to conduct a background investigation including employment, education and criminal history checks on any applicant being considered for this position. 4. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Generally Monday -Friday, 8:00 a.m. - 5:00 p.m. with one hour unpaid lunch. Must be available for department or City activities or meetings outside normal work schedule that require the attendance of the Storm Water Specialist. ORAL EXAM1MATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination 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 oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD21.4 or ten points added if they were awarded a Purple Heart or have a service connected disability. ORAL EXAMIMATION All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. STORM WATER SPECIALIST 2023 A.A./E.IC.O. Minority, female & disabled individuals are encouraged to apply. Page 218 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Director Human Resources Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Communication from the Community Development Department on the notice of the conclusion of employment of Matt Chesmore, Senior Rehabilitation Specialist, effective April 14, 2023, with a recommendation of approval of payout in the amount of $6,231.34, for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Chesmore payout 5-5-2023 Page 219 of 661 Page 220 of 661 CITY OF WATERLOO, IOWA CITY HALL 716 MULBERRY STREET, WATERLOO, IA 60703 Tetley's Date: 4/14/2023 Effective Date: 4/14/2023 Employment Date: 1/3/2011 To: City Council Members Re: Notice of Severance Department Community lJsvelopment Job Title/Classification Senior Rehabilitation Specalist This Is to report that the employment of Mott Chesmore with the City of Waterloo has bean severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes Cl Resigned ❑ Termination ❑ Other In accordance with City Policy, It Is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation•Accrued 34 $ 28.70 $ 975.80 Vacation -Current 152,5 $ 28.70 $ 4,376.75 Usable Sick Leave 8 v $ 28.70 (x) 25% $ 57.40 Frozen Sick Leave (x) 00% $ - Personal Hours 20.62 $ 28.70 $ 591.79 Comp Time Pay $ Unscheduled Leave $ - Other Pay 8 $ 28.70 $ 229.50 Total Payment $ 6,231.34 Approved by / (e/(7L, Human Resources 1. ih ( VW -LC Date Dale Routing: Original to Hurnan Resources by Department Hurnan Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Counoll Agenda Date: ❑ Accruals ❑Status 1:1-0 Updated 6/28/11 Page 221 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Director Human Resources Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Communication from the Community Development Department on the notice of the conclusion of employment of Pam Mast, Intake -Project Specialist, effective April 14, 2023, with a recommendation of approval of payout in the amount of $609.00, for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Mast payout 5-5-2023 Page 222 of 661 Page 223 of 661 CITY OF WATERLOO, IOWA CITY HALL 716 MULBERRY STREET, WATERLOO, IA 60703 To: City Council Members Re: Notice or Severance Department Community Development Job Title/Classification Intake -Project Specialist This Is to report that the employment of Pont Mast with the City of Waterloo has been severed by reason of: Today's Dato: 4/14/2023 Effective Date: 4/14/2023 Employment Date: 10/18/2022 la Retired Disability Related ❑ No 0 Yes Cl Resigned El Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Continents: Benefits Total Hours (x) Hourly Rate Total Payout Vacation•Accrued 23 $ 21.00 $ 483.00 Vacation -Current 0.25 $ 21.00 $ 5.25 Usable Sick Leave (x) 28% $ - Froaen Sick Leave (x) 60% $ Personal Hours 5.75 $ 21.00 $ 120.75 Comp Time Pay $ Unscheduled Leave $ Other Pay $ Total Payment 009.00 Approved by / Human Resources j/1 1 %/yy-(--"(- Date Ir Date ij cam"► Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Dato: ❑ Aooruals ❑Status 0-9 Updated 6✓28/11 Page 224 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Director Human Resources Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Communication from the Airport Department on the notice of the conclusion of employment of Randy Shepard, Airport Operations Specialist, effective April 28, 2023, with recommendation of approval of payout of $11,454.12 for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Shepard payout 5-15-2023 Page 225 of 661 Page 226 of 661 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today`s Date: 5/1/2023 Effective Date; 4/28/2023 Employment Date: 1/19/1993 To: City Council Members Re: Notice of Severance Department Airport Job Title/Classification Airport Operations Specialist This is to report that the employment of Randy Shepard with the City of Waterloo has been severed by reason of: El Retired Disability Related ❑ No 0 Yes 0 Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payrnent which consists of the following: Benefits Total Hours f(x) Hourly Rate Total Payout Vacation -Accrued 65 $ 29.26Mill $ 1,901_90 Vacation -Current 189.08 $ 29.26 11111.1M1313 MI $ 643.72 Usable Sick Leave Illarall $ 29.26 Frozen Sick Leave r_11.1111111 (x) 60% $ - Personal Hours ralrial■ $ 29.26 111111 $ 1,237.70 Comp Time Pay 73.08 $ 29.26 _ $ 2,138.32 Unscheduled Leave IIIMMIIMIMI $ 29.26 -10111111111 MEI Other Pay1111111.1111 Tote Payment Comments: Last day worked, 4/28/2023. $ 11,454.12 Approved by Human Resources Date Date 6f 7/r% 0[,1 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: 0 Accruals ❑Status ❑•9 Updated 6/2a/1- Page 227 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Director Human Resources Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Communication from the Library Department on the notice of the conclusion of employment of Mimi Meyer, Library Aide, effective April 28, 2023, with recommendation of approval of payout of $3,663.32 for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Meyer Payout 5-15-2023 Page 228 of 661 Page 229 of 661 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance Department Job Title/Classification CITY HALL 715 MULBERRY STREET 50703 Library Library Aide This is to report that the employment of Mimi R. Meyer with the City of Waterloo has been severed by reason of: Today's Date: 5 2/2023 Effective Date: 4/2B/2023 Employment Date: 4/4/199b Retired Disability Related nNo f —I Li Resigned C_ Termination Other I In accordance with City Policy, it Is requested to allow payment which consists of the following: F3eneiies Turaa (xl Hourly Rate Fort Payout! V ca!r•on-Accrued = 10rv25 $ 22.88 $ 234.32 Vecatlan-Current $ 1501311.33 $ 3,429.00 usable Sick Leave 01111111111 (x} 25/ 3 frozen Sick Leave MEM (x) 60% Personal Hours1111.1111111111111111111111 $ Fleas r"+nraMIIIIIIIIIIIIIIIMIII Unscheduled Leave $ leave paybpc;k- Total Payment $ 3,863.32 Comments: Last working day is 4/28/2023. Approved by Human Resources Date b IDA /c O Date 5/01)~l 1_ Routing: Original to Human Resources by Department Human Resources will forwardoriginal to City Clerk (Copy in Personnel File) Clerk's Office will forward cop of approved form to Department and Human Resources Council Agenda Date: IT Accruals Ltatus [_j t/ptfeted 6/28/11 Page 230 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department May 15, 2023 AGENDA ITEM TITLE Motion to approve Application for Fireworks Display for the Waterloo Bucks Ball Club home ball games at Riverfront Stadium, 850 Park Road, for approximately 10 minutes, beginning at 10:00 p.m. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 231 of 661 PERSONNEL REQUISITION FORM Cheek as applicable: ® To start recruiting or civil service process and/or C Active Civil Service List Expires: n To fill a vacancy A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. *xxxxx*xwxwxxw********************************xxwwww ***xekxxxxxxxxxxxxerxxxxiexxxx xxitxwxxiYxx w*kxxxxx Position Title: Director of Strategic Communications Department: Mayor's Office Reports To: Mayor Work Location: 715 Mulberry Street Employment Status: ® Regular Full Time. n Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month n Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ❑ Yes ® No N Internal Posting Only Bargaining Position: ❑ Yes ® No ❑ Internal Posting and External Advertising Bargaining Group: Non -bargaining Position: ® Yes L No ****************************** ********:******************************************************** Complete the following if the requisition is to fill a vacancy: ® New Position or ❑ Replacement Position for: (Specify name and title of former incumbent) If replacement, former incumbent: n Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date: 5/1/2023 No. of hours/week: 40 ,Work schedule: 8am-5pm Justification of need for position: 'Needed'a full time employee do to the work load. What are the likely consequences if the position is not filled? Some projects will be delayed or canceled. Some projects could result in hiring a hiring consultant APPROVALS Annual salary requirements: $90,000 Hourly Rate: $43.27 Benefits: (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: Querttuz 9 Laari 04/13/2023 06:21 PM EDT Submitting Department Head Date Mayor 04/13/2023 06:46 PM EDT La-Vx'Ge L'a' a' Date 04/13/2023 06:29 PM EDT Chief Financial Officer Date Human Resources Director Date 12,7 Fevss 04/16/2023 03:12 PM EDT Human Resources Committee Chairperson Date Created 6/30/2017 Page 232 of 661 Cnniiiiimity of CSpp DEPARTMENT SALARY FLSA BARGAINING UNIT MAYOR'S OFFICE $43.27 per hour EXEMPT EXCLUDED NON -BARGAINING GENERAL STATEMENT OF DUTIES A professional and administrative staff position responsible for managing and coordinating all strategic communications, marketing, and branding efforts for the City, including supporting economic development activities and other special projects. Position works to enhance the image and reputation of the City by carrying out strategic external communications and brand promotion and fostering a positive organizational climate by building relationships that improve internal communications and those with community and regional partner organizations. The work is performed under the general direction of the Mayor, but considerable leeway is granted for the exercise of independent judgement and initiative. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Develop and implement an integrated communication strategy that connects the public to the community and the city with content related communications. 2. Coordinate communication services and functions carried out by departments and provide guidance on effective methods and strategies to communicate with the public. 3. Design or oversee the development of diverse visual materials on a wide range of issues affecting the City and its'residents, sUich as naps, graphs, reports, newsletters, promotional materials and organizational publications. 4. Develop and maintain effective working relationships with local and regional media contacts, and assist elected officials and city staff in communication and interviews. 5. Develop and coordinate City written communications for internal and external audiences, ensuring consistency of brand identity, key messages, and strategic plan goals. Page 233 of 661 6, Manage the overall direction and content of the City website and related pages, and oversee content of social media platforms for consistency and integrity of messages. Grow the reach of our social media content and capitalize on opportunities for outreach. 7. Work to continuously expand the reach of the City's communication efforts, and continually improve and refine the accuracy, clarity, and presentation of information for its intended audience. . 8. Work with all City departments to promote a positive organizational culture through effective and consistent communication. 9. Coordinate the planning and advertising of special events, such as groundbreaking and ribbon cutting events and our annual State of the City event. 10. Attends meetings such as City Council, budget review and staff meetings as required. 11. Advises and responds to questions from elected officials, department heads, State and Federal agencies and members of the public regarding City communication and marketing programs and stranguries. Becomes the first point of contact in new opportunities. 12. Communicates clearly and concisely orally and in writing, 13. Compiles reports, performs data entry and completes forms on personal computer, using the applicable software. 14. Works independently and with others with limited supervision. 15. Attends work regularly at the designated place andtime. 16. Performs all work duties and activities in accordance with City and OSHA policies, procedures and safety rules. 17. Performs related duties as assigned, REQUIRED KNOWLEDGE & ABILITIES 1. Expertise in professional writing, with sound communication, storytelling, editing, and research skills. 2. Strong leadership skills and experience with project management, including the ability to set and work within project deadlines; ability to prioritize and see projects through to completion; and experience managing both urgent, short-term projects and complex, longer -term projects. 3. Excellent organizational, time management, and analytical/problem-solving skills, along with a high degree of flexibility. 4. Ability to communicate complex and technical information to a diverse audience, including City residents, local businesses, elected officials, and members of the media. 5. Ability to think strategically and maintain a "big picture" focus, while paying attention to detail and managing complex multi -stakeholder project execution, 6. Ability to master content management systems and desktop publishing software, and serve as a resource for other City employees. 7. Knowledge of current social media practices. 8. Knowledge of Office suite, SharePoint, and Adobe Creative Suite and A.P. style 9. Ability to work independently and with others with minimum supervision and to direct or supervise the work of other employees. 10. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING Page 234 of 661 1. Bachelor's Degree in communication studies, journalism, English, marketing or closely related field from an accredited college or university and minimum three to five years' experience in public relations, communications, marketing or closely related field. ,OR • Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 2, if using City vehicle, must have Iowa Driver's License and good driving record based on the City of Waterloo driver performance criteria. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to communicate effectively with other employees, elected officials, Federal, State and other government subdivisions and agencies in person or by telephone. 2. Sufficient personal mobility that permits the employee to operate a passenger vehicle safely, attend meetings in and out of City Hall and physically move from one City department or facility to another. 3. Sufficient vision and manual dexterity that • permits the employee.to operate a personal computer handle files and perform other administrative responsibilities. MISCELLANEOUS 1. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any candidate being considered for this position. WORT{ SCHEDULE Generally normal business hours, Monday through Friday. Must also be available as needed outside these hours for department or City activities or meetings that require the attendance of the Director of Strategic Communications, DIRECTOR OF STRATEGIC COMUMCATIONS 2023 . A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 235 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department May 15, 2023 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 236 of 661 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department AGENDA ITEM TITLE FYE 2023 Budget Amendment. RECOMMENDED COUNCIL ACTION MEETING DATE May 15, 2023 SUMMARY STATEMENT AND BACKGROUND INFORMATION The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and proprietary funds (sewer and sanitation). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Please see attachment for additional information. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Budget Amendment FYE23 Memo to Mayor Council Page 237 of 661 2. City of Waterloo - Notice of Publication - FY23 Budget Amendment Page 238 of 661 .;rMM!?,�rl� o v v ,d't Mayor QUENTIN HART COUNCIL MEMBERS JOHN CHILES Ward 1 JONATHAN GRIEDER Ward 2 NIA WILDER Ward 3 BELINDA CREIGHTON -SMITH, Ward 4 RAY FEUSS Ward 5 ROB NICHOLS At -Large DAVE BOESEN At -Large 0 TO: CITY OF WATERLOO Finance Office Mayor Hart City Council Members DATE: May 1, 2023 FROM: Bridgett Wood, Finance Manager RE: Proposed Amendments to Budget for the fiscal year ending June 30, 2023 Enclosed is a proposed amendment to the budget for the fiscal year ending June 30, 2023 as published May 3, 2023. The purpose of filing budget amendments is to comply with state law regarding expending city funds. The Code of Iowa requires that any of the nine budget program areas that are anticipated to exceed the amount originally appropriated be amended no later than May 31 of each fiscal year. The nine program areas prescribed by Iowa Code include Public Safety, Public Works, Health and Social Services, Culture and Recreation, Community and Economic Development, General Government, Debt Service, Capital Projects and Business Type/Enterprise activities. These amendments include numerous departmental amendments requested throughout the year and approved by the Finance Committee when required by the budget line item amendment policy. They all consist of changes made subsequent to certifying the budget in March 2022. Highlights from amendments made for general fund activities include the following: 1. In the Public Safety program category, expenses and related revenue for various law enforcement grants and non -property -tax funded projects were increased. Ambulance revenue was increasing to reflect revenue from the Ground Emergency Medical Transport Program, increasing expense related to that revenue and to budget for the purchase of ambulance medical equipment. 2. The Public Works category reflects anticipated increases in motor pool revenue and related expense and also to budget for CARES maintenance funds received for the airport. 3. The Health and Social Services category the use of restricted fund balance was increased for additional advertising and travel. 4. The Culture & Recreation program category was increased to reflect a number of additional grants and donations received by the Library and Leisure Services departments. The use of restricted fund balance was increased for Golf Course improvements. Leisure revenue and expense were amended to reflect increasing expense and higher -than -expected revenue. Page 239 of 661 5. The Community and Economic Development category was increased for higher than expected Hotel Motel tax revenue and coinciding expenses. As well as the use of restricted fund balance for the Hawkeye Community College home program. 6. Amendments to the General Government category include reflecting the use of assigned fund balance for increased workers compensation claims expense. Higher than expected interest was increased in the Clerk/Finance department to pay for coinciding expenses. Highlights of amendments made in other funds are as follows: 7. In the Public Works category additional revenue and expense was budgeted for airport grant -funded projects. 8. Amendments to the Community & Economic Development program include budgeting for federal funds awarded to the Community Development department. The housing program also budgeted to receive and spend additional federal funding. 8. In the Capital Projects program, additional expenses relating to grant revenue awarded during the year that was not originally budgeted were added, including broadband design and state funds for the Greenbelt Improvements. 9. In the Business Type/Enterprise fund activity, which accounts for the activities of the sewer, storm water and sanitation funds, fund balance was used to purchase a piece of equipment for Sanitation, as well as line item adjustments were made to more accurately reflect the amount that will be spent for operations by June 30, 2023. The transfers in and out lines were amended to reflect the following: 10. The transfer of additional TIF revenue to the debt service fund for increases in TIF-funded project expense and the transfer of additional TIF revenue to reimburse the Capital Projects fund. The line on the budget amendment form titled Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out indicates that when the certified budget was filed, we anticipated spending $15,853,896 more than we expected to collect in current year revenue, primarily due to spending bond and grant funds received in prior fiscal years. This amendment increases the amount that expenses are anticipated to exceed revenues by an additional $7,302,299 to a total of $23,156,195. This is due to the following: 1. General Fund — To plan to spend restricted ARPA funds in the amount of $2,500,000 for the fiber design contract, other restricted funds for designated uses in the total amount of $421,897. It also includes the additional use of general fund cash in the amount of $100,000 for workers' compensation claims. 2. Other Funds — Includes the additional use of Sanitation fund cash in the amount of $944,361 for equipment. To budget for adjustments to revenue and the use of grant and bond funds received in prior years in the total amount of $3,336,041. Since state law prohibits the City from spending more in any major program area than budgeted, we have budgeted generously with expenses. We do not anticipate that we will spend all amounts budgeted by June 30, 2023. If you have any questions about the information presented, please contact me. Page 240 of 661 NOTICE OF PUBLIC HEARING - AMENDMENT OF CURRENT BUDGET City of WATERLOO Fiscal Year July 1, 2022 - June 30, 2023 The City of WATERLOO will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2023 Meeting Date/Time: 5/15/2023 05:30 PM Contact: Bridgett Wood Phone: (319) 291-4323 Meeting Location: City Hall - Council Chambers 715 Mulberry St Waterloo, IA 50703 There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above. A detailed statement of: additional receipts, cash balances on hand at the close of the preceding fiscal year, and proposed disbursements, both past and anticipated, will be available at the hearing. Budget amendments are subject to protest. If protest petition requirements are met, the State Appeal Board will hold a local hearing. For more information, consult https://dom.iowa.gov/local-gov-appeals. REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 44,829,472 0 44,829,472 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 44,829,472 0 44,829,472 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 11,525,600 0 11,525,600 Other City Taxes 6 19,596,410 124,000 19,720,410 Licenses & Permits 7 1,478,135 0 1,478,135 Use of Money & Property 8 1,403,645 120,000 1,523,645 Intergovernmental 9 44,391,976 6,548,109 50,940,085 Charges for Service 10 36,250,536 1,304,154 37,554,690 Special Assessments 11 258,000 0 258,000 Miscellaneous 12 11,015,419 208,703 11,224,122 Other Financing Sources 13 26,556,000 0 26,556,000 Transfers In 14 22,802,708 4,605,860 27,408,568 Total Revenues & Other Sources 15 220,107,901 12,910,826 233,018,727 EXPENDITURES & OTHER FINANCING USES Public Safety 16 40,897,992 500,802 41,398,794 Public Works 17 31,770,892 6,471,645 38,242,537 Health and Social Services 18 354,210 6,494 360,704 Culture and Recreation 19 12,890,318 390,901 13,281,219 Community and Economic Development 20 19,603,493 1,681,533 21,285,026 General Government 21 10,817,259 267,000 11,084,259 Debt Service 22 14,701,398 0 14,701,398 Capital Projects 23 42,656,150 5,029,529 47,685,679 Total Government Activities Expenditures 24 173,691,712 14,347,904 188,039,616 Business Type/Enterprise 25 39,467,377 1,259,361 40,726,738 Total Gov Activities & Business Expenditures 26 213,159,089 15,607,265 228,766,354 Transfers Out 27 22,802,708 4,605,860 27,408,568 Total Expenditures/Transfers Out 28 235,961,797 20,213,125 256,174,922 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 -15,853,896 -7,302,299 -23,156,195 Beginning Fund Balance July 1, 2022 30 107,239,844 0 107,239,844 Ending Fund Balance June 30, 2023 31 91,385,948 -7,302,299 84,083,649 Explanation of Changes: To budget for additional grant funds received and spent, GEMT expense, workers compensation insurance expense, anticipated capital projects expense, including those funded with donations, grants, and tax increment revenue. 04/24/2023 04:38 PM Paae 1 of 1 Page 241 of 661 FY 2023 Gates Park Improvements Bid Tab: May 11, 2023 Engineer's Estimate: Division I Division II Division I + Division II $7,008,207.20 $ 613,620.75 $7,621,827.95 Bidder Bid Security Bid Amount Peters Construction Corp Div I Alt I $8,893,838.99 $ 679,533.44 Waterloo, IA Div I&II $ WRH Inc Div I Alt I $9,636,360.40 $ 608,698.45 Amana, IA Div I&II $ Woodruff Construction Div I Alt I $8,731,000 $ 631,172.82 Waterloo, IA Div I&II $ Page 242 of 661 April 11, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: Request by Iowa Heartland Habitat for Humanity to declare 415 Walnut Street (former Walnut Street Baptist Church) a Locally Designated Historic Landmark. Iowa Heartland Habitat for Humanity, 803 W 5th Street, Waterloo, Iowa 50702 The applicant is requesting that 415 Walnut Street be declared a Locally Designated Historic Landmark. IMPACT ON It would appear that the request would not have a negative impact NEIGHBORHOOD & on the area. The designation would add the building as a local SURROUNDING historic landmark, which could help developers acquire state historic LAND USE: tax credits for redevelopment. VEHICULAR & The designation would not appear to have an impact on traffic PEDESTRIAN conditions. TRAFFIC CONDITIONS: RELATIONSHIP TO The area does have an extensive sidewalk system. There are no RECREATIONAL trails in the nearby vicinity. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The site is zoned "C-2" Commercial District and has been zoned as FOR SITE AND such since the adoption of the Zoning Ordinance in 1969. Other IMMEDIATE VICINITY: surrounding land uses and their zoning are as follows: North — Harvest Vineyard Church zoned "C-2" Commercial District and Boys and Girls Club zoned "R-3" Multiple Residence District. South — First Presbyterian Church and residences zoned "C-2" Commercial District. DEVELOPMENT HISTORY: East — Commercial uses and Renaissance Park Apartments zoned "C-2" Commercial District. West — Commercial uses zoned "C-2" Commercial District and "R-3" Multiple Residence District. The surrounding commercial uses were built between 1879 and 1980, and the surrounding residential uses were built between 1901 and 1904. BUFFERS/ No buffering would be required as a part of the request. SCREENING REQUIRED: DRAINAGE: The request would not appear to have a negative impact upon drainage in the surrounding area as the building has existed since 1906. Page 1 of 3 415 Walnut Street — Locally Designated Landmark -56- Page 243 of 661 April 11, 2023 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: The property in question is located within Zone X (protected by Levee) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0189F, dated July 18, 2011. Cunningham School of Excellence is located 0.75 miles to the northeast, George Washington Carver Academy is 1.3 miles to the north, and East High School is 0.25 miles to the east. Lincoln Park is located approximately 650 feet to the southwest of the site. The project is served by existing utilities. The Future Land Use Map designates this area as Mixed Residential: Low, Medium, High Density Residential; Professional Offices; Neighborhood Commercial, and the proposed development would be in conformance with that designation. Also, the area in question is located within the Primary Growth Area. The applicant is requesting to locally designate the property at 415 Walnut Street. This will allow the property to be eligible for State Historic Tax Credits for the buildings rehabilitation. The 415 Walnut Collective is a group working to come up with a plan to rehabilitate and reuse this building to meet the community's needs. The structure is part of the Walnut Neighborhood, with has seen extensive efforts of rehabilitation from Habitat for Humanity and JSA Development in the recent years. Once a property is a Locally Designated Landmark the property will be subject to the City of Waterloo Historic Preservation design review to ensure that the property keeps its historic character. The Walnut Street Baptist Church was built in 1908 and was listed on the National Register of Historic Places in 2000. The structure sits on a triangle -shaped lot and the building takes a similar shape of the lot. The building has a very complex and unique design with many asymmetrical features. The stained glass windows are an important feature of the former church. The City of Waterloo Historic Preservation Commission voted 7-0 at their March 21, 2023 meeting to recommend approval of the request. The Technical Review Committee had no questions or concerns in relation to this request. Page 2 of 3 415 Walnut Street — Locally Designated Landmark -57- Page 244 of 661 April 11, 2023 STAFF ANALYSIS — SUBDIVISION ORDINANCE: There is no platting required as a part of this request. STAFF Therefore, staff recommends that the request by Iowa Heartland RECOMMENDATION: Habitat for Humanity to declare 415 Walnut Street (former Walnut Street Baptist Church) a Locally Designated Historic Landmark be approved for the following reasons: 1. The proposed designation would help preserve a historic building and return it to its historic character. 2. It will support the continued economic growth in the Downtown and Walnut neighborhood areas. 3. The rehabilitation of the building will bring more economic opportunities to the Walnut Neighborhood and surrounding area. Page 3 of 3 415 Walnut Street — Locally Designated Landmark -58- Page 245 of 661 City of Waterloo Planning, Programming and Zoning Commission April 11, 2023 415 Walnut Historic Nomination Habitat For Humanity -59- n....- ")AG ..f GG4 City of Waterloo Planning, Programming and Zoning Commission April 11, 2023 415 Walnut Historic Nomination Habitat for Humanity Iowa Site Inventory Form State Inventory Number: 07-09085 ❑ New ® Supplemental State Historic Preservation Office 9-Digit SHPO Review & Compliance (R&C) Number: (January 2016) ❑ Non -extant Year: Read the Iowa Site Inventory Form Instructions carefully, to ensure accuracy and completeness before completing this form. The instructions are available on our website. • Property Name A) Historic name: Walnut Street Baptist Church B) Other names: Faith Temple Baptist Church • Location A) Street address: 415 Walnut Street B) City or town:Waterlo (❑ Vicinity) County:Black Hawk C) Legal description: Rural: Township Name: Township No.: Range No.: Section: Qtr: of Qtr: Urban: Subdivision: N.O. Munger's Block(s): 79 Lot(s): L1-2, W 20' L3-6 • Classification A) Property category: Check only one B) Number of resources (within property): ▪ Building(s) If eligible property, enter number of: If non -eligible property, ❑ District Contributin • Noncontributin • enter number of.: ❑ Site 1 Buildings Buildings ❑ Structure Sites Sites ❑ Object Structures Structures Ob'ects Ob.ects 1 Total 0 _ Total C) For properties listed in the National Register: National Register status: ® Listed ❑ De -listed ❑ NHL ❑ NPS DOE D) For properties within a historic district: ® Property contributes to a National Register or local certified historic district. ❑ Property contributes to a potential historic district, based on professional historic/architectural survey and evaluation. ❑ Property does not contribute to the historic district in which it is located. Historic district name: Walnut Street Historic District Historic district site inventory number: E) Name of related project report or multiple property study, if applicable: MPD title Historical Architectural Data Base # • Function or Use Enter categories (codes and terms) from the Iowa Site Inventory Form Instructions A) Historic functions B) Current functions 06A01 RELIGION/Church 70 VACANT/NOT IN USE • Description Enter categories (codes and terms) from the Iowa Site Inventory Form Instructions A) Architectural classification 07 LATE 19TH & EARLY 20TH CENTURY AMERICAN B) Materials Foundation (visible exterior): 03 BRICK Walls (visible exterior): 03 BRICK Roof: 08A ASPHALT/Shingle Other: C) Narrative description ® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED -61- Page 248 of 661 Site Number: 07-09085 Address: 415 Walnut Street City:Waterlo County: Black Hawk • Statement of Significance A) Applicable National Register Criteria: Mark your opinion of eligibility after applying relevant National Register criteria Criterion A: Property is associated with significant events. ® Yes ❑ No ❑ More research recommended Criterion B: Property is associated with the lives of significant persons. ❑ Yes ® No ❑ More research recommended Criterion C: Property has distinctive architectural characteristics. ® Yes ❑ No ❑ More research recommended Criterion D: Property yields significant information in archaeology/history. ❑ Yes ® No ❑ More research recommended B) Special criteria considerations: Mark any special considerations; leave blank if none ❑ A: Owned by a religious institution or used for religious purposes. ❑ E: A reconstructed building, object, or structure. ❑ B: Removed from its original location. ❑ C: A birthplace or grave. ❑ D: A cemetery C) Areas of significance Enter categories from instructions ARCHITECTURE NEED E) Significant dates Construction date 1908 ❑ check if circa or estimated date Other dates, including renovations G) Cultural affiliation Complete if Criterion D is marked above ❑ F: A commemorative property. ❑ G: Property less than 50 years of page or achieved significance within the past 50 years. D) Period(s) of significance 1908 ca.1935 F) Significant person Complete if Criterion B is marked above H) Architect/Builder Architect Shockley, Clinton P. Builder/contractor I) Narrative statement of significance ® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED • Bibliography ® See continuation sheets for the list research sources used in preparing this form • Geographic Data Optional UTM references ❑ See continuation sheet for additional UTM or comments Zone Easting Northing NAD 1 2 3 4 Zone Easting Northing NAD • Form Preparation Name and Title: Alexa McDowell, Architectural Historian Date: 02/23/2023 Organization/firm: A.KAY Consulting. E-mail: akaymcd@hotmail.com Street address: 526 40th Street. Telephone: 515-491-5432. City or Town: Des Moines State: IA Zip code: 50312 • ADDITIONAL DOCUMENTATION Submit the following items with the completed form A) For all properties, attach the following, as specified in the Iowa Site Inventory Form Instructions: 1. Map of property's location within the community. 2. Glossy color 4x6 photos labeled on back with property/building name, address, date taken, view shown, and unique photo number. 3. Photo key showing each photo number on a map and/or floor plan, using arrows next top each photo number to indicate the location and directional view of each photograph. 4. Site plan of buildings/structures on site, identifying boundaries, public roads, and building/structure footprints. B) For State Historic Tax Credit Part 1 Applications, historic districts and farmsteads, and barns: See lists of special requirements and attachments in the Iowa Site Inventory Form Instructions. State Historic Preservation Office (SHPO) Use Only Below This Line The SHPO has reviewed the Site Inventory and concurs with above survey opinion on National Register eligibility: ❑ Yes ❑ No ❑ More research recommended ❑ This is a locally designated property or part of a locally designated district. Comments: SHPO authorized signature: Date: -62- Page 249 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 1 Site Number: 07-09085 Related District Number: Walnut Street Baptist Church Black Hawk Name of Property 415 Walnut Street County Waterlo Address City Property Description Walnut Street Baptist Church, designed by Clinton P. Shockley, was placed in service in 1908 to house a large and prestigious Baptist congregation. As stated in the National Register nomination, "the building exhibits the influence of a combination of contemporary architectural styles and trends of the early 20th century including the English Arts and Crafts movement and the Chicago School with minor indications of the academic tradition of the Beaux-Arts" (Eckhardt, 2000). The church is constructed of dark brown brick with contrasting stone trim. The generally triangular plan is tightly constrained by its triangular lot; that constraint resulted in a highly complex, asymmetrically arranged two story building that dictates the arrangement of the interior spaces. The building has a full basement. Exterior Walnut Street Baptist Church is a brick church of unusual shape and size. The building is generally triangular in shape, a form created by the large-scale additive masses concentrated on the west and the tapering of the footprint until terminated at the ca.1935 addition's "flat iron" form on the east. The church's exterior is asymmetrical in every aspect, a design character that is evident in the roof line and by examination of individual elevations. As described in the 2000 nomination, "The design of this complex building is held together with a variety of architectural devices and motifs. The first is the use of a stringcourse above the windows of the partly raised basement, complemented by the cornice at the top of the second floor. The repeated use of motifs such as a pediment with side extensions containing an oculus and other repeated devices such as heavy window cornices and spandrels help unify the design as well. The windows are an important organizing device. They are treated in pairs or groups and are joined between the two upper stories with spandrels reminiscent of those of Louis Sullivan and the Chicago School. They have similar cornices and sills and are aligned on all stories. This keeps the complicated facades looking neat and organized, and unifies the diverse facades. The building is topped with a cornice with a few breaks for gables of different kinds. The roof is as complex as the shape of the building. The tall, narrow tower is not located over an entrance or over the auditorium, but rather over the entrance vestibule to the auditorium. It clearly identifies this unusual building as a church and serves the purpose of any church tower: to identify the church as a church and to help locate it from a distance." (Eckhardt, 2000). The primary entrance to the church is located at the southwest corner. The entrance is situated in a two-story pavilion -like form that houses entrances on the ground floor. The pavilion roof line features a broken pediment on both the south and west elevations with the upper story dominated by paired windows with heavy stone lintels. The ground floor entrances (on the south and the west) are recessed in a segmental arched opening. The opening features a stone molding with a keystone. Each opening is reached by -way -of three poured concrete steps that extend the full width of the opening. The door openings have a wood frame that houses double -leaf, wood doors with original hardware. The doors are surmounted by a multi -light transom. A secondary entrance is located near the east end of the south elevation, adjacent to the ca.1935 addition. The entrance provides access to offices at that end of the church and to a wide corridor connecting to the auditorium -63- Page 250 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 2 Site Number: 07-09085 Related District Number: Walnut Street Baptist Church Black Hawk Name of Property 415 Walnut Street County Waterlo Address City and other parts of the building. The design character of the secondary entrance is similar to that of the primary entrances, including a stone lintel over a segmental arched, recessed entrance. In contrast to more traditional church forms where a tower or towers is commonly located in a dominate position at the front of the church building and adjacent to or flanking the primary entrance, the church tower of Walnut Street Baptist is asymmetrically located and lacks a clear association with any specific feature of the church, be it on the exterior or the interior. The tower plays with the generally asymmetrical building plan and the layering of complex forms. The square tower is located near, but not adjacent to the primary entrances. The base of the tower is integrated with the south elevation; it is not an independent form until it springs from the second -story roof. From that point to its pyramidal roof, the tower rises some 25-feet above the height of the tallest roof line. On each elevation, the tower features a grouping of five slender rectangular columns at the belfry. Each grouping is located in an opening with a stone lintel featuring a label molding. The tower's roof is marked by broken pediments like those that appear on the primary entrance pavilion and elsewhere. A simple copper obelisk is located at the roof peak (originally terminated with a cross). Also setting this church's exterior character apart from designs of more traditional church buildings is the lack of a dominant character for the auditorium — its location is not discernible from the exterior. The education wing, on the other hand, is easily identified by the round forms seen on the northwest and north elevations. The complexity of the church's form and the abundant and highly varied use of unusual ornamentation makes a thorough and understandably written description of the building exterior difficult. The building should be understood and appreciated for its exceptionally well -designed sense of additive mass, interplay of geometric asymmetrically arranged forms, elegant expression of contrasting details, and intricate placement of glazed openings — in all these ways, the Walnut Street Baptist Church is exceptional. The church exterior retains a high level of historic integrity with design and materials intact and in generally very good condition. Interior The church interior has more than 30,000-square feet of floor space, including a finished basement. On the interior, the composition of the generally triangular form is better understood as a series of geometric forms, the shape and scale of which create the overall triangular footprint. At the heart of the triangular footprint is the rectangular auditorium with a four-sided sanctuary at its east end. All other spaces flow from this one, each space occupying a clearly understood geometric form: two large education spaces on the north and northwest are circular in form; the primary entrance vestibule and upper lobby is rectangular; and the ca.1935 addition is nearly square. This series of interconnected shapes is discernible at all floor levels. The rectangular auditorium is oriented with its length running north -to -south, allowing for the interconnection of education spaces on both the west and the north and accommodating the dais and choir loft on the east. The auditorium is characterized by its soaring volume, raked wood floor, undulating balcony, and richness of millwork and art glass windows. The auditorium retains approximately half of the original pews, arranged in curving rows. -64- Page 251 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 4 Site Number: 07-09085 Related District Number: Walnut Street Baptist Church Black Hawk Name of Property 415 Walnut Street County Waterlo Address City The second floor of the west Sunday school wing is similarly arranged with pew seating nearest the auditorium and divided classroom spaces along the outer wall. Different from the first -floor space, the upper lacks a solid wall separating the spaces and the floor is not raked. The front space is characterized by its open volume, the ceiling springing from a ring of columns to a center, octagonal grille with pie shaped sub -divisions glazed with leaded art glass. The floor is wood, currently carpeted. The rear space is divided into five sections by knee -walls extending from the ring of columns to the outer walls. The openings between column and wall retain sliding wood doors used to separate the classrooms. The windows in the upper education wing more closely mirror the pattern established in the auditorium than those on the lower level, but again minimize the use of color. A one-story semicircular education wing on the north has folding doors (wood with art glass) opening into the auditorium. A wood sliding door system divides the space in half. The room retains wood floors, plaster walls and ceiling, and abundant millwork. The windows, which are arranged in groups of three, have double -hung wood sash with a 9-over-9 configuration; all glass is clear. Along the southwest side of the sanctuary and connecting all of the parts of the church is a broad corridor, which leads from the front entrance at the southwest corner through to the offices in the southeast corner. This corridor exists on all floors giving the large church efficient traffic flow between the different parts of the church and the entrances. The southeastern point of the triangle houses the offices. The second entrance for the building is in this section on the southwest facade. The entrance and windows of this part are configured slightly differently, but with stylistic similarities to the rest of the building. This area was expanded in ca.1935 to provide additional office and choir storage spaces. It retains patterned tile or wood floors and abundant millwork. The basement houses a large dining -assembly room separated by bifold doors, a large kitchen, restrooms, the boiler room, and storage. The spaces are characterized by the use of basic finishes or lack thereof. The dining - assembly space has painted walls, patterned 9x9" tile flooring, and 12x12" fiberboard ceiling tiles. The interior of the Walnut Street Baptist Church retains a high level of historic integrity. It retains all character defining features including the interplay of geometric forms in establishing the floor plans of 1st and 2nd floor as well as the hierarchy of those spaces. Although water infiltration has caused areas of plaster failure, the majority of plaster finishes remain intact with abundant millwork, decorative elements, and art glass windows retained. Integrity Discussion The Walnut Street Baptist Church retains a generally high level of historic integrity with deterioration due to vacancy standing as the most significant breach of integrity, specifically to integrity of materials. The resource has not been moved, resulting in a high level of historic integrity specific to location. -65- Page 252 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Paqe 5 Site Number: 07-09085 Related District Number: Walnut Street Baptist Church Black Hawk Name of Property 415 Walnut Street County Waterlo Address City The church is located in a residential neighborhood that, while it has evolved over the period subsequent to the 1908 completion, remains largely intact with a strong sense of residential character retained. Specifically, residential buildings dominate the property types represented, roadways remain without significant alteration, and a tree canopy remains intact. As a result, historic integrity as it relates to setting is very good. The resource retains its historic association with the residential neighborhood that existed from the time the original wood -frame church was constructed, through the period in which the original congregation relocated to another part of Waterloo. As a result, integrity of association is high. Regarding integrity of design and materials on the exterior, Walnut Street Baptist Church retains a high level of historic integrity. The building retains its original, unique, and highly complex form with the sole addition (ca.1935) considered part of the historic fabric. Further, the resource retains its original windows which come in a range of styles; the art glass windows of the sanctuary and adjacent spaces are of particular significance in that they contribute significantly to the stylistic character of the building and point to the value placed on their contributions to the church's visual character. Original, wood -frame, double -hung, multi -light windows found in secondary spaces are also retained, though most are now boarded. The building exterior also retains its complex roof line, dark brick cladding with stone details, and its asymmetrically placed tower that soars above the building's tallest roof height. Original entrances including stylistic elements, doors, and transoms are likewise retained. Historic integrity of design and materials on the exterior is only diminished by deterioration wrought by vacancy and an insufficient level of maintenance over the period of that vacancy. Specifically, the building exterior requires repointing, some masonry repair, roof replacement and window rehabilitation. Regarding integrity of design and materials on the interior, the church retains a high level of historic integrity. The church retains its original floor plan (with ca.1935 alterations) including the integrated relationship that defines a church building of the Akron Plan type. Walnut Street Baptist presents an exceptional example of the Akron Plan, with Sunday school spaces adjoining the auditorium on the west at two levels and on the north at ground level. These spaces retain their original folding doors which were opened and closed as the content of the church service dictated. Additionally, retention of the art glass windows (as noted of the exterior) is a significant design and material element with a particular role in the historic character of the interior. Retention of abundant millwork, tile floors, wood floors, original wood doors with art glass, church pews, curving balcony, dais with baptismal font and choir loft all contribute to a high level of historic integrity specific to design and materials. Like the exterior, vacancy and insufficient maintenance has wrought damage to materials, specifically plaster. Retention of a sound structure, exterior finish materials, and interior design elements account for a high degree of historic integrity as it relates to workmanship. Finally, the Walnut Street Baptist Church retains the significant features and stylistic character as designed. As a result, a sense of time and place is retained resulting in a high level of integrity of feeling. -66- Page 253 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Paqe 6 Site Number: 07-09085 Related District Number: Walnut Street Baptist Church Black Hawk Name of Property 415 Walnut Street County Waterlo Address City Statement of Significance The Walnut Street Baptist Church is both individually listed on the National Register of Historic Places (2000) and counted a contributing resource to the 2019 "Walnut Street Historic District". The resource is individually significant under Criterion C as an "example of the early modern style with Arts and Crafts elements" with a period of significance limited to its 1908 placed -in-service date (Eckhardt, 2000). The district nomination goes further in addressing the church building's significance by establishing the resource's place under Criterion A in association with the history of community planning and development, specifically as it relates to the evolution of the residential neighborhood in which the church is located. In association with that contextual association, the period of significance for the historic district extends from 1868 through 1965 (Dieber, 2019). The extended period of significance is relevant to the Walnut Street Baptist Church because the period then embraces the ca.1935 addition made to the building as well as the years leading up to changes that occurred in the neighborhood around racial injustice and unrest in Waterloo and, events that occurred in the area surrounding the Walnut Street Baptist Church. For those reasons, the period of significance for the resource should be considered 1868-1965 with the significant date being 1908. Although not addressed in either the individual nomination or the district nomination, the church's historic association with the history of civil rights demands additional consideration. The 2020 Multiple Property Documentation Form, "Twentieth Century African American Civil Rights -related Resources in Iowa" provides a foundation for expanding the case for significance of the Walnut Street Baptist Church. That document, which examines the topic in the period from 1833-1974, notes that the "Second Revolution in Iowa, 1964-1976" was one of particular importance in that it marked the years following passage of the Civil Rights NEED and embraces the year in which Martin Luther King was assassinated. This period had broad and significant impacts in communities across the state, none more than in Waterloo. The author notes, however, that civil rights violations did not automatically end in 1976 and encourages expanding the investigation of post-1976 civil rights advocacy (Loughlin, 2020). As an anchor of the residential neighborhood and pulpit for leaders in the city's Black community, with additional research and contextual development the resource could provide a means of enhancing our understanding of the racial struggles that occurred in this community, specifically in the period of the late 1970s. The 2014 honors project completed by Waterloo native Theresa E. Shirey provides the underpinning to expanding a case for significance into the 1970s, during which time the church was the center of "black flight" and middle-class decline illustrated in the surrounding neighborhood. The present document is not the place to undertake such work, but the work should certainly be done. Historical Background The Walnut Street Baptist Church was originally home to Free Will Baptists, which constructed a small wood - frame church on this site in 1896 and incorporated it as the Walnut Street Baptist Church. By 1907, the congregation had outgrown their church building and plans were made to construct a larger church. With $30,000 in hand, the congregation sought out the Waterloo architect Clinton Shockley to design their new church. The plan called for a 30,000 square foot building costing some $60,000. Construction was underway in 1907 and the building was placed in service in 1908. The 1,719-pipe organ was installed in 1920. -67- Page 254 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 7 Site Number: 07-09085 Related District Number: Walnut Street Baptist Church Black Hawk Name of Property 415 Walnut Street County Waterlo Address City The congregation remained on Walnut Street through the 1960s. In 1971, a new church building was constructed; the new church is known as Walnut Ridge Baptist. The Walnut Street church was sold to Bold Mission, Inc. in 1978 and the church became known as the Faith Temple Baptist Church, holding its first service on Sunday, June 4 of that year. The congregation was led by Pastor Dr. Eugene H. Williams with Deacons, Harold Rogers, Willie Young, Edward Polk, Norris Sisk, Dallas Pulley; Ministers, Rev. Melvin L. Grimes, Rev. Orchard M. Dzonga, and Trustees, A.C. Allen, Mary Berdell, Mannita Hudson, Richard Washington, F.W. Wayland. Faith Temple Baptist moved from the building in 2010 due to deteriorating conditions. The building was purchased by Iowa Heartland Habitat for Humanity, as a member of the Walnut Development Coalition, in 2018. As noted, the building was designed by Waterloo architect Clinton Phillip Shockley. Formally trained at the Armour Institute of Technology, Shockley gained experience with others informally known as the "Chicago School of Architecture." He opened his office in Waterloo in 1906. Along with Howard Burr and Mortimer Cleveland, Shockley was one of the best -qualified architects in Waterloo, each with important commissions to their credit (Eckhardt, 2000). -68- Page 255 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 10 Walnut Street Baptist Church Name of Property 415 Walnut Street Site Number: 07-09085 Related District Number: Black Hawk County Waterlo Address City Figure 02. Locator Map — 2023 "0 ft • po=,a� s��e oleo, Waterloo Center for the Arts NevAails 'J Cleo gip �'Graupli LATITUDE/LONGITUDE: 42.5024001-92.333370 Vine St N (Source: Base maps, https://www.maps.google.com. Retrieved 12/15/2022.) -69- Page 256 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 12 Site Number: 07-09085 Related District Number: Walnut Street Baptist Church Black Hawk Name of Property 415 Walnut Street County Waterlo Address City Figure 04. Walnut Street Historic District Boundary Map — 2019 • • • • • • • } ....... n 444 ....•.:� (Source: "Walnut Street Historic District," National Register of Historic Places Nomination, 2019.) A dotted line marks the district boundary with the location of the Walnut Street Baptist Church is indicated with a red X. -70- Page 257 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 16 Walnut Street Baptist Church Name of Property 415 Walnut Street Site Number: 07-09085 Related District Number: Black Hawk County Waterlo Address City Figure 08. Original Drawings — South Elevation —1907 (Source: Original drawing set in possession of the current owner.) -71- Page 258 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 17 Site Number: 07-09085 Related District Number: Walnut Street Baptist Church Black Hawk Name of Property 415 Walnut Street County Waterlo Address City Figure 09. Original Drawings — East Elevation — 1907 t L ®® Esse filth 17-77 N (plan north) G F� rOaT`t JTE..LtVV`cTIOlI CLI T071 7Y OCKLLYYCaCs'4T (Source: Original drawing set in possession of the current owner.) -72- Page 259 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 18 Walnut Street Baptist Church Name of Property 415 Walnut Street Site Number: 07-09085 Related District Number: Black Hawk County Waterlo Address City Figure 10. Original Drawings — North Elevation — 1907 dimmeamp 11 11 i� anumenstt 111 A111111111. N (plan north) LlilL.nT ELLVfsTI ON (Source: Original drawing set in possession of the current owner.) CLlll TO" .nYf OCKLLY Y cRC,T -73- Page 260 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 19 Walnut Street Baptist Church Name of Property 415 Walnut Street Site Number: 07-09085 Related District Number: Black Hawk County Waterlo Address City Figure 11. Original Drawings — West Elevation — 1907 N (plan north) LI/�i r�no 1AL/1UT E.L1=VtTIC/I (Source: Original drawing set in possession of the current owner.) _t_;_?_ _ CLVITOM JTfO CKL.GY%C@CJYT -74- Page 261 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 25 Walnut Street Baptist Church Name of Property 415 Walnut Street Site Number: 07-09085 Related District Number: Black Hawk County Waterlo Address City Figure 17. Historic Image — 1911 (postmark) Walnut Street Baptist Church, Waterloo, Iowa, (Source: A.KAY Consulting Postcard Collection.) In this view looking northeasterly from across Walnut Streets near its intersection with Lime Street we have a good view of the south elevation prior to the later addition on the east end of the elevation. -75- Page 262 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 26 Walnut Street Baptist Church Name of Property 415 Walnut Street Site Number: 07-09085 Related District Number: Black Hawk County Waterlo Address City Figure 18. Historic Image — 1915 (postmark) Walnut St. Baptist Church, Waterloo, Iowa. (Source: A.KAY Consulting Postcard Collection.) In this view looking easterly from the intersection of Lime and Walnut Streets we understand both the church building and the character of its setting. -76- Page 263 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 27 Walnut Street Baptist Church Name of Property 415 Walnut Street Site Number: 07-09085 Related District Number: Black Hawk County Waterlo Address City Figure 19. Historic Image — ca.1940 WALNUT STREET BAPTIST CHURCH, WATERLOO, IOWA THE CHURCH AT THE HEART OF THE CITY WITH THE CITY AT HEART" mumiloom 1033311 (Source: A.KAY Consulting Postcard Collection.) By ca.1940 the small addition to the church building had been constructed; it is documented in this postcard image, its location at right marked by the sign. -77- Page 264 of 661 Iowa Site Inventory Form State Historic Preservation Office Continuation Sheet Page 31 Walnut Street Baptist Church Name of Property 415 Walnut Street Site Number: 07-09085 Related District Number: Black Hawk County Waterlo Address City 04. EXTERIOR: View of the primary entrance (SW corner) and the Walnut Street elevation, looking SE -78- Page 265 of 661 Walnut Street Baptist Church — 415 Walnut Street — Black Hawk County — Waterloo — IA PART 1: Photographs (11/11/2022) 01. SITE VIEW: Looking SE along Walnut Street from west of the Lime Street intersection 02. SITE VIEW: View looking NW along Walnut Street from just east of the E. Park Avenue intersection 0.0® va ` r OI �L„. -_L_L 1 -79- Page 266 of 661 Walnut Street Baptist Church — 415 Walnut Street — Black Hawk County — Waterloo — IA PART 1: Photographs (11/11/2022) 03. SITE VIEW: Looking SE across Lime Street 04. EXTERIOR: View of the primary entrance (SW corner) and the Walnut Street elevation, looking SE 2 -80- Page 267 of 661 Walnut Street Baptist Church — 415 Walnut Street — Black Hawk County — Waterloo — IA PART 1: Photographs (11/11/2022) 05. EXTERIOR: View of the SE corner (ca.1935 addition), looking NW along Walnut Street elevation 06. EXTERIOR: View looking SW from Lime Street showing the education wing and east elevation 3 -81- Page 268 of 661 NPS Form 1 0-900-a NPS/Iowa SHPO Word Processor Format OMB No. 1 024-001 8 (Jan 1987) (Approved 05/88) United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES CONTINUATION SHEET Section number: 7 Page: 4 Walnut Street Baptist Church Black Hawk County, Iowa Historic Photo, ca. 1908 Published in "Dedication of the Second Building for the Walnut Street Baptist Church, Waterloo, Iowa, October 11-18, 1908," published in the Fiftieth Anniversary of the Present Building, Walnut Street Baptist Church, Waterloo, Iowa," 1958. SECOND BUILDING WALNUT STREET BAPTIST CHURCH, ERECTED 1908 CLINTON SHOCKLEY, ARCHITECT CHARLES WASSON, BUILDER -82- Page 269 of 661 NPS Form 10-900-a NPS/Iowa SHPO Word Processor Format OMB No. 1024-0018 (Jan 1 987) (Approved 05/88) United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES CONTINUATION SHEET Section number: 8 Page: 11 STATEMENT OF SIGNIFICANCE, Criteria C Summary Statement Walnut Street Baptist Church Blackhawk County, Iowa The Waterloo, Iowa architect, Clinton Phillip Shockley, designed Walnut Street Baptist Church, in 1908. It is an example of the early modern style with Arts and Crafts elements. The church was identified as a Key historic structure in a survey of the proposed Walnut Street Historic District. Significance and Historical Contexts Introduction: The Walnut Street Baptist Church was originally home to Faith Baptist congregation, which constructed it as their second church on this site in 1908. When Faith Baptist congregation constructed a new church at the edge of town in 1971, they sold their Walnut Street church to Bold Mission Inc., another Baptist congregation, which named their church Faith Temple Baptist Church. The church falls within a proposed historic district determined after an historical and architectural survey of the northern portion of Waterloo in 1992.1 It was determined individually eligible for nomination to the national Register at the time, but a district nomination has not yet been prepared. The proposed historic district, which adjoins downtown Waterloo, is presently in poor condition, but the current restoration of Walnut Street Baptist church will help in the rehabilitation of the whole neighborhood. Clinton Phillip Shockley, Architect: Waterloo architect Clinton Phillip Shockley, designer of Walnut Street Baptist Church, received formal training at the Armour Institute of Technology and gained experience with others informally known as the "Chicago School of Architecture." He opened his office in Waterloo in 1906. He and Mortimer Cleveland were by far the best -qualified architects in Waterloo and were able to obtain the important commissions that formerly went to out-of-state architects. Walnut Street Baptist church was certainly an important commission. Other work by Shockley in Waterloo include the Roman Catholic hospital in Waterloo where he served as consulting architect, First Presbyterian Church, the Elks' Building, the Insurance Building, Hansen's Overland Automobile building (now a TV station), and the Waterloo, Cedar Falls & Northern 1 Rebecca Conard and Jan Nash, "Walnut Street Historic District, Waterloo, Iowa, A National Register of Historic Places Evaluation," Submitted to Waterloo Historic Preservation Commission by PHR Associates, 1992. -83- Page 270 of 661 NPS Form 10-900-a NPS/Iowa SHPO Word Processor Format OMB No. 1024-0018 (Jan 1 987) (Approved 05/88) United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES CONTINUATION SHEET Section number: 8 Page: 12 Walnut Street Baptist Church Blackhawk County, Iowa Terminal and Office Building. Shockley, together with Cleveland, designed the Iowa Pavilion at the 1915 Panama -Pacific Exposition in San Francisco. 2 The complex design and the style of the Walnut Street Baptist Church make it unique. It does not look like Shockley's other church designs such as his Gothic Revival First Presbyterian Church only a block away. Rather than the usual symmetrical basilica church, This triangular form (certainly influenced, if not required, by the shape of the lot) allowed the architect to explore form and function, and find a new way to serve the ritual and activities of the church. Contrasting with the complex form, the church has an orderly and calm appearance in spite of its comers and contrasting shapes. The turn of the century (20`h) American idea that form should follow function first expounded by Louis Sullivan, freed Shockley from too literal an interpretation of style. In spite of its unusual form, the church exhibits the early modem desire for function combined with the Arts and Crafts striving for simplicity. The Church does not fit comfortably into an architectural style category. Architectural historians surveying Waterloo architecture in the past have placed it in the Prairie School category for lack of any other category.3 But it does not exhibit the characteristics of the Prairie Style outlined by Wilson or Berry. 4 Rather, it is a unique mixture of styles which embodies not only the conservative and quiet aspects of the Arts and Crafts aesthetic, but mixes in other competing architectural styles from the early 20' century. The use of classical pediments and oculi, for instance, reflects the influence of the Beaux-Arts style. The top of the tower with its gables and pyramidal roof is another Beaux-arts feature. The Beaux-arts approach uses the entire history of architecture as a source book. The abstract geometric stained glass windows are one element, which seems to have been influenced by the Prairie School in their color and design. The spandrels between the windows of the first and second floor follow similar treatments developed by the Chicago School for commercial buildings, those of Louis Sullivan specifically. The description of the Walnut Street Baptist Church as being in the "Old English Style", presumably referring to the Arts and Crafts Style, gives us an important clue to its architectural sources and helps explain its builder's intention. This style description was published in the dedication Program and in the newspaper description of the church. It probably came from the building committee or the architect himself.5 2 Wesley I. Shank, Iowa's Historic Architects, A biographical Dictionary, (Iowa City: University of Iowa Press, 1998), pp. 148-149;and Barbara Bevin Long. Long, Barbara Bevin, "Waterloo, Factory City of Iowa — Survey of Architecture and History," prepared for the City of Waterloo, Iowa by Midwest Research of Des Moines, 1986. 3 Long and Conard. ' Richard Guy Wilson and Sidney K. Robinson, The Prairie School in Iowa, (Ames: Iowa State University Press, 1977); and H. Allen Brooks, The Prairie School, Frank Lloyd Wright and his Midwest contemporaries, (Toronto: University of Toronto Press). 5 "Description of New Sanctuary" (Over photo — "New Walnut Baptist Church to be Dedicated Sunday."), Waterloo Semi -Weekly, Friday, October 9, 1908, and "Fiftieth Anniversary of the Present Building, Walnut Street Baptist Church, Waterloo, Iowa, October 5-10, 1958, booklet. -84- Page 271 of 661 NPS Form 10-900-a NPS/Iowa SHPO Word Processor Format OMB No. 1024-0018 (Jan 1987) (Approved 05/88) United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES CONTINUATION SHEET Section number: 8 Page: 13 Walnut Street Baptist Church Blackhawk County, Iowa Complicating the "what style is it" question is that this building is a church, and it looks like a church. Ecclesiastical architecture has its own iconography and its own history of style. Gothic is the usual style for churches with some Romanesque Revival and Classical styles thrown in. Walnut Street church does not reflect those styles. Neither does it look like any churches by Prairie School architects with the exception of St. Paul's Methodist Church in Cedar Rapids, Iowa. St Paul's, 1910-1914, was originally designed by Louis Sullivan, but his design was never completed, and the project was taken over by Elmsley. The two churches have some similar elements, but Sullivan could not have influenced Shockley. Rather, Shockley's church might have influenced Sullivan, since its design was earlier by several years. Other churches by Prairie School architects are completely different in design from Walnut Street Baptist Church. William Steele's First Congregational Church in Sioux City, 1918, is stripped -down Byzantine. Methodist Episcopal Church in Evanston Illinois, 1915, is a modernized gothic. Marshalltown Church of Christ is an A -frame with a cross gable roof.' The Arts and Crafts Style was really not a style. Originating in England, it was popular in the United Stated in the early 20th century. While a modem movement, it looked to the past and to nature for inspiration. It sought simplicity and honesty in architecture. It is usually thought to be a major esthetic source for the Prairie Style, Stickley, and the Bungalow Style,' but it was not restricted to those American developments alone. There are several examples of Arts and Crafts style buildings in Iowa, which reveal more direct English influence in the state. The Grey House at Four Mounds Estate outside Dubuque is an example of a Baillie Scott (or Voysey) inspired house. Another example, more appropriate for comparison in that it is a church, is Trinity (First) Presbyterian Church in Indianola, designed by Proudfoot and Bird of Des Moines in 1900. First Presbyterian Church, like Walnut Street Church, abandons the usual Gothic, Romanesque or Classical styles. Although the two churches are not at all alike, they both incorporate the Arts and Crafts spirit and aesthetic. Trinity Church reflects English models more closely than does Walnut Street Church. Its stepped gables and mock arrow slits are examples of the Arts and Crafts Movement's love of things Medieval and add humor as well as an "Old English" aura. The interior reveals a new working out of the auditorium church plan combined with a thoughtful planning for the needs of those attending services such as traffic patterns, cloakrooms, and etc. as well as providing effective ritual space. The interior color scheme of golds, mauves, and greens and the abstracted floral designs of the windows are in keeping with the Arts and Crafts Esthetic. Another small church by Proudfoot and Bird, St. Paul's Episcopal Church in Harlan, Iowa, 1898, represents an example of the English Gothic Revival style associated with the Arts and Crafts Movement in England. 6 See Wilson and Brooks for photos illustrating these comparisons. Wilson, p. 6. -85- Page 272 of 661 City of Waterloo Historic Preservation Application for Local Historic Designation of a Biding or District This forth is if you wish to have your building or a district to become a locally designated landmark. To be completed by applicant //^^ Date of Application: r-Ce' .20j �• Address of Property: f'5 1.142 in 4,4 4f-ree fi _ Current Use of Property: lewq Property Owner's Name - Business if Applicable: 4/i Pa r tl �� /p)Ya ergrit Address: 30 3 5 4 $7' eet 11/v, ,1#' I Phone: 3/9 - js - 99 414. Fax: Email: Alga riS)l iYthieic/AvAtT//Df. pry Applicant's Name (if different than above) ✓ Address: City: Phone: Fax: Email: Contact Person: r f G I Address: 5.74 of'O1jf 9'. C. eS . S Pho:,.,_ 75 . "_4VM ! 5 1Z Fax: — - Email: f/plc d e_Apa i#S Go , Please check if any of the following exhibits are inch:Wed in your application: ✓Photcgraphs Elevation Draw ings 1 1 Sample of Material op? Dt . higicor,�/ ,4' ,STer rs0wsl is..7t i'7 A State of Iowa Site Inventory Form will need to be included with the application. Applicant Signature Date Owner Signature -86- Page 273 of 661 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department AGENDA ITEM TITLE City Limits Urban Revitalization Area (CLURA) Plan. RECOMMENDED COUNCIL ACTION Approval MEETING DATE May 15, 2023 SUMMARY STATEMENT AND BACKGROUND INFORMATION The Urban Revitalization Act authorizes cities to designate an area of the city as a revitalization area, where improvements to qualified real estate within these designated areas may then be eligible to receive a total or partial exemption from property taxes for a specified number of years. The City of Waterloo has historically had two urban revitalization areas, the Consolidated Urban Revitalization Area (CURA) which covers more of the core of the city, and provides some additional incentives that the second area does not provide, and the City Limits Urban Revitalization Area (CLURA) which covers the entire rest of the City of Waterloo not covered by the CURA. Historically, the CLURA has only been available for new construction of either single family homes or two family homes, and provided only one tax abatement schedule, 3 years at 100%. The existing CLURA Plan expired on December 31, 2022. Staff is proposed to readopt the plan, with changes to include: 1) adding children's day care facilities and new construction of multi -family homes to what will qualify for improvements, 2) adding a second tax exemption schedule that applicants can pick from of 10 years of a partial exemption (80, 70, 60, 50, 40, 40, 30, 30, 20, 20%) in addition to the existing tax exemption schedule of 3 years at 100%, 3) and providing for the Plan to be effective for a period of five year. At that time, the City Council would be able to extend the timeline if they so decide. Per the requirements of the Urban Revitalization Act (Chapter 404 of Iowa Code), the City of Waterloo must hold a public hearing, which must be at least 30 days after notice is mailed. The City would have to hold a second hearing if a valid petition requesting a second hearing is submitted within 30 days of the first hearing containing the signatures and addresses of property owners of at least 10% of the privately owned property within the area. At their regular meeting on October 11, 2022, the Planning, Programming and Zoning Commission unanimously recommended approval of adoption of the CLURA Plan. The Planning, Programming and Zoning Commission is expected to revisit their approval at the May 9, 2023 meeting to further discuss the inclusion of multi -family as qualified improvements. Any further recommendations from this meeting will be reported at the hearing. NEIGHBORHOOD IMPACT The proposed Plan is anticipated to have a positive impact on neighborhoods by encouraging private investments that will increase taxable values after abatement but reduce the tax increases that would normally result from making improvements to property. The purpose of the State Code chapter that Page 274 of 661 provides for such plans is to attach development and thereby stabilize or increase the tax base within the designated areas. DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing is being held. Notice was published and mailed to all property owners within the proposed Plan area. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION See attached Plan and Notice ATTACHMENTS 1. 2023 Readoption CLURA Plan 2. Notice of public hearing - CLURA plan 3. Mailed notice of public hearing Page 275 of 661 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. City Limits Urban Revitalization Area 2023 Re -adoption City of Waterloo, IA 0 * W A 74,46 i•i* N 0 Ut .1164, A ° AIL ■1INIIIINMM1111■ • City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Page 276 of 661 MAYOR Quentin Hart CITY COUNCIL Rob Nichols, At -Large Dave Boesen, At -Large John Chiles, First Ward Jonathan Grieder, Second Ward Nia Wilder, Third Ward Belinda Creighton -Smith, Fourth Ward Ray Feuss, Fifth Ward PLANNING, PROGRAMMING AND ZONING COMMISSION Virginia Wilber, Chairman Janelle Ewing Cody Leistikow Ali Parrish Brandon Schoborg Patrisha Serfling Phillip Shirk Steve Trost PLANNING, PROGRAMMING AND ZONING STAFF Noel Anderson, Director of Community Planning and Development Aric Schroeder, City Planner Tim Andera, Planner II Adrienne Miller, Planner II John Dornoff, Planner II Seth Hyberger, Planner I Lexi Blank, Planner I Pattie Magee, Secretary i Page 277 of 661 TABLE OF CONTENTS I. INTRODUCTION 1 II. THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA) 2 A. Analysis 2 B. The Waterloo Public Assistance Programs 2 III. CLURA PLAN OBJECTIVES 3 IV. THE PLAN 3 A. Legal Description and Map of Existing Parcels of Real Estate 4 B. Taxable Value 9 C. Existing Land Use Survey 9 D. Zoning and Future Land Use 9 E. Property Owners and Property Valuations 9 F. Public Service and Facility Improvements 9 G. Relocations 9 H. The Tax Exemption 10 I. Tax Exemption Schedule 11 J. Federal, State and Private Funding Programs 11 V. PLAN ADMINISTRATION 14 A. Application Procedures 14 B. City Council and City Assessor Review 14 C. City Assistance to the Applicant 14 D. Plan Termination 15 ii Page 278 of 661 LIST OF FIGURES Figure 1. CLURA Boundary Map With Existing Parcels of Real Estate 16 Figure 2. CLURA Boundary Map With Zoning Districts 17 Figure 3. CLURA Boundary Map With Future Land Use Designations 18 LIST OF TABLES Table 1 Property Owners and Property Valuations 19 Page 279 of 661 I. INTRODUCTION The Urban Revitalization Act which was passed into law by Governor Robert Ray on May 10, 1979, provides the City's governing body with an additional tool to rebuild the economic and sociologic structure of distressed districts within the community. There are two primary goals which are inherently embedded into this Act. 1. To protect the health, safety, and welfare of the inhabitants of degraded districts in the community. This is accomplished by encouraging the rehabilitation of the area's physical environment. Thus, providing a more aesthetically desirable atmosphere in which to live, work, and shop. 2. To benefit the community by bolstering an otherwise declining tax base. To obtain these goals, private investment is encouraged via the issuance of property tax abatements (i.e., exemptions). Property owners who significantly improve a parcel of land within a designated Urban Revitalization Area may be eligible to receive a total or partial property tax exemption on the increased valuation of the property. The City Council may designate an area as an Urban Revitalization Area if it meets at least one of the following criteria. 1. The area possesses a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density or population and overcrowding, the existence of conditions which endanger life or property by fire and other causes or a combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and which is detrimental to the public health, safety or welfare. 2. The area possesses a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a combination of such factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use. 3. The area possesses a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use. 4. An area which is appropriate as an economic development area, as defined in Section 403.17 of the Code of Iowa: "An area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises, public improvements related to housing and residential development, or construction of housing and residential development for low and moderate income families, including single or multifamily housing." 5. An area designated as appropriate for public improvements related to housing and residential development, or construction of housing and residential development, including single or multifamily housing. 1 Page 280 of 661 II. THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA) A. Analysis This plan was developed in preparation for the designation of an Urban Revitalization Area, herein to be referred to as the City Limits Urban Revitalization Area ("CLURA") and legally described in Part IV, Section A of this Plan and illustrated in Figure 1. The CLURA consists of approximately 55.55 square miles of property citywide. This plan excludes all of the former Consolidated Urban Revitalization Area ("CURA") (Appendix A), with the CLURA beginning at the outer boundaries of the CURA and extending outward from that boundary to the city limits in all directions. The improvement of this area is a high priority for the City for at least three primary reasons: (1) The City of Waterloo continues to see a declining trend in new one and two family residence construction and in new subdivision development, which results in a declining tax base for operations of the city government. (2) Normal market conditions have led to these declining numbers, and do not appear sufficient to encourage new residential development and expansion. (3) The City has a demonstrated need for children's day care facilities, as indicated by several employer and employee sources in the community, and promoting such services will strengthen work force options and help businesses find employees. B. The Waterloo Public Assistance Programs The spatial distribution of other state and federal programs was investigated to determine the most logical boundaries for the establishment of this urban revitalization district. The following programs were included in this analysis: Urban Renewal ❑ A federal program which provided funds for the redevelopment of blighted areas. Urban Revitalization ❑ The state program adopted locally which offers tax abatements for rehabilitation and new construction. Neighborhood Strategy Areas (NSA's) ❑ Areas the City has targeted as residential districts in need of assistance and which qualify for Community Development Block Grant Funds. WorkForce Housing ❑ The state program matched locally which offers tax credits and a refund on state sales tax for residential development. 2 Page 281 of 661 III. CLURA PLAN OBJECTIVES The main concept of this plan is to overcome the physical ills of the CLURA area by fostering new construction projects and activities consistent with the overall needs of the community and the City as a whole. The following objectives are naturally derived from the preceding description of CLURA: 1. The new construction of one and two family homes, multi -family homes, and day care facility investment, as defined in Section IV(H) below, within the area, thus producing a physical environment which promotes the health, safety, and welfare of the CLURA inhabitants in addition to furthering job creation. 2. To encourage new residential activity in the City as a whole, working to offer new opportunities for new construction in the CLURA and hopefully bringing forth new activity within the CURA as well. This, in turn, will result in significant spillover effects benefiting all sectors of the community. It is the goal of the CLURA to improve the City of Waterloo's image. 3. To facilitate the most expedient and practical use of the City's land and services, thereby preserving tax dollars and open spaces. 4. To develop vacant and underdeveloped land and, as a result, strengthen the tax base of the community. This objective is in compliance with the City of Waterloo's Comprehensive Plan and Future Land Use Map. 5. To provide employment by stimulating the construction industry, encouraging commercial activity, and helping to stimulate an expanded work force that can more effectively take advantage of available employment opportunities. IV. THE PLAN To ensure that the CLURA complies with the designation requirements outlined in the Urban Revitalization Act (Iowa Code § 404.1) and that the City would benefit from said designation, City's Planning and Zoning staff reviewed statistics of the number of homes built in the past ten years, as compiled by tracking various permits filed with the City's Building Department. The statistics, as shown below, show a decline in the number of one and two family homes built over that time frame. Number of 1 and 2 homes built per year: 2002: 52 2003: 59 2004: 82 2005: 100 2006: 67 2007: 66 2008: 25 2009: 32 2010: 42 2011: 59 CLURA ADOPTION 2012: 74 2013: 63 2014: 120 3 Page 282 of 661 2015: 69 2016: 101 2017: 53 2018: 55 2019: 58 2020: 79 2021: 63 2022: 38 Average before CLURA: 58.4 Average after CLURA: 70.27 (11.87 additional homes per year) The number of multi -family units built per year averages at 65 units per year. The last 4 years total we have had 7.25 units per year (29 total). As another form of housing option for those not yet quite ready to own, the City of Waterloo wants to encourage housing for young families, mew workers for a growing workforce into the community Furthermore, Waterloo is the largest urban area within Black Hawk County. Waterloo represents approximately 54.4% of the population of Black Hawk County, but only sees about 20% of the construction growth for new one and two family homes. The City of Waterloo also lost population in the 2020 Census Count, whereas other communities in Black Hawk County all gained or stayed steady in population. This is a very serious downward trend that is damaging to the community growth and well-being. A. Legal Description All areas within the corporate limits of the City of Waterloo, Black Hawk County, Iowa, excluding the following described real estate: Beginning at a Point on the East line of Section 31 Township 89 Range 12 where the East line of said Section 31 intersects the Northeasterly line of the Cedar River; thence South along the East line of said Section 31 to its intersection with the Southwesterly line of the Cedar River; thence Southeasterly, Southerly, and Southwesterly following said Southwesterly line of the Cedar River to its intersection with the South line of Section 31 Township 89 Range 12; thence West along the South line of said Section 31 to the Southwest corner of said Section 31; thence West along the South line of Section 36 Township 89 Range 13 to the point of intersection with the East line of Lot 32 Garden Addition extended Southerly; thence North along the Southerly extension of the East line of Lot 32 Garden Addition, the East line of Lot 32 Garden Addition, and the extension Northerly of the East line of Lot 32 Garden Addition to the point of intersection with the centerline of Plymouth Avenue; thence West along the centerline of Plymouth Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the centerline of Lorraine Avenue; thence West along the centerline of Lorraine Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the south line of Hawthorne Avenue; thence West along the South line of Hawthorne Avenue to the Easterly line of Kimball Avenue; thence North along the East line of Kimball Avenue to the North line of Reber Avenue; thence West along the North line of Reber Avenue and its extension Westerly to the Northwesterly line of the Sergeant Road Bike Trail 4 Page 283 of 661 (formerly the Chicago & Northwestern Transit Co.); thence Northeasterly along the last described line to the Westerly line of Fletcher Avenue; thence North along the West line of Fletcher Avenue to the South line of Black Hawk Road; thence Southwesterly and Westerly along the South line of Black Hawk Road to its intersection with the centerline of Ansborough Avenue, said centerline also being the East line of Section 28 Township 89 Range 13; thence North along the East line of said Section 28 to its intersection with the Easterly extension of the North line of Lot 19 Block 32 Downing Place; thence West along said Easterly extension of the North line of Lot 19 Block 32, and the North line of Lot 19 Block 32 said addition, and the Westerly extension of said line to the intersection with the East line of Lot 9 Kearns Addition; thence North along the East line of Lot 9 said addition to the Northeast corner of said Lot 9; thence Westerly and Northwesterly along the platted Northerly lines and arcs of Lots 9, 10, 11, 12, 13, 14, and 15 of Kearns Addition to the Northwest corner of Lot 15 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 26 Kearns Addition; thence Northwesterly following the Northerly lines (arcs) of Lots 26 and 27 Kearns Addition to the Northwest corner of Lot 27 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 41 said addition; thence Southwesterly following the Easterly lines (arcs) of Lots 41, 40, and 39 Kearns Addition to the Southeasterly corner of Lot 39 said addition; thence Westerly along the Southerly line of said Lot 39 to the Southwest corner of said lot; thence Northeasterly along the Easterly lines of Lots 56 & 55 said addition to the most Easterly corner of Lot 55 said addition; thence Northwesterly along the North lines (arcs) of Lots 55, 54, 53, 52, 51, 50, 49, 48, and 47 said addition, and the extension Northwesterly of the Northeasterly line (arc) of said Lot 47 to its intersection with the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue to the centerline of Linbud Lane; thence North along the centerline of Linbud Lane to the centerline of Alabar Avenue; thence Northwesterly along the centerline of Alabar Avenue to the centerline of Littlefield Road; thence Southerly along the centerline of Littlefield Road to the centerline of Flower Street; thence Northwesterly along the centerline of Flower Street, to the centerline of Sheerer Avenue; thence Northerly along the centerline of Sheerer Avenue to the centerline of Flower Street; thence West along the centerline of Flower Street to the point of intersection with the Northerly extension of the West line of Lot 1 Alabar Hills Second Addition; thence South on said extension of the West line of Lot 1 said addition, and the West line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 said addition to the Southwest corner of Lot 13 Alabar Hills Second Addition; thence South on a continuation of the last described course to the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue as originally platted to its intersection with the South line of Section 21 Township 89 Range 13; thence West along the South line of said Section 21 to the Southwest corner of said Section 21; thence West along the South line of Section 20 Township 89 Range 13 to its intersection with the centerline of Progress Avenue; thence North along the centerline of Progress Avenue to the point of intersection with the centerline of Crossway Drive; thence Westerly along the centerline of Crossway Drive, and an extension thereof, to the Westerly line of Midway Drive, (said point of intersection also currently a point on the Westerly Corporate Limits of the City of Waterloo); thence North following the current Westerly corporate limits of the City of Waterloo to a point on the centerline of Midway Drive where the North line of Lot W-3 Cedarloo Park, if extended Westerly, would intersect said centerline; thence 5 Page 284 of 661 East along said extension of the North line of said Lot W-3, and the North line of said Lot W-3, to the West line of Lot 21 Acorn Addition; thence South along the West line of Lot 21 Acorn Addition to the Southwest corner of said lot; thence Easterly along the South line of Acorn Addition to the Southeast corner of Lot 1 said addition; thence continuing along an extension of the last described course to its intersection with the centerline of Progress Avenue; thence South along the centerline of Progress Avenue to the point where the South line of Lot W-116 Cedarloo Park, if extended Westerly, would intersect said line; thence Easterly along the extension of the South line of Lot W-116 said addition, and the South line of Lot W-116 said addition to the Southeast corner of Lot W-116 said addition; thence South along the East line of Lot W-115 Cedarloo Park to the South line of Tract D of Pine Meadows Addition; thence East along said South line to the West line of Forest Hill Subdivision; thence South along the West line of Lots 10, 11, 12, 13, 14, 15, 16 & 17 said addition to the Southwest corner of Lot 17 said addition; thence Southeast along the Southerly line of Lot 17, and the extension thereof, to its intersection with the centerline of S. Hackett Road; thence North along the centerline of S. Hackett Road to the centerline of Maynard Avenue; thence East along the centerline of Maynard Avenue to its intersection with the extension Northerly of the West line of Paul's Replat of a Part of Lawless Addition; thence South along the Northerly extension of the West line of Paul's Replat of a Part of Lawless Addition, and along the West line of said addition to the North line of Tract A said addition; thence East along said North line to its intersection with the West line of H. Ray Hughes Addition; thence South along the West line of said addition to the centerline of Coachman Drive (said centerline also being a point on the West line of Tract B said addition); thence East along the centerline of Coachman Drive (296 feet more or less) to its intersection with the centerline of Carriage Hill Drive; thence South and Southeasterly along the centerline of Carriage Hill Drive to the centerline of Stephan Avenue; thence South along the centerline of Stephan Avenue to the point where it would intersect the Westerly extension of the North line of Lot 45 Hansen Noble Addition; thence East along said Westerly extension of the North line of said Lot 45, and the North line of Lot 45 said addition to the Northwest corner of Lot 24 Hansen Noble Addition; thence South along the West line of Lots 24 and 23 said addition to the South line of Lot 23 said addition; thence East along the South line of Lot 23 said addition to the West line of Hanna Boulevard; thence Easterly in a straight line to a point on the East line of Hanna Boulevard that is 5.2 feet normally distant Southerly from the North line of Lot 1 said addition; thence Easterly along a line that is 5.2 feet normally distant Southerly of the North line of Lot 1 said addition to the East line of said Lot 1 Hansen Noble Addition; thence North along the East line of Lots 1 & 2 said addition to the North line of Lot 16 Block 4 Kreb's Addition; thence East along the North line of said Lot 16 to the Northeast corner of said lot; thence East along a continuation of the last described course to the centerline of Hickory Street; thence North along the centerline of Hickory Street to the point of intersection with the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition; thence East along the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 33 Block 5 said addition to the West line of Maxwell Street; thence Easterly in a straight line to the Southwest corner of Lot 10 Block 6 Kreb's Addition; thence East along the South line of said Lot 10 Block 6 said addition to the Southeast corner of said lot; thence North along the East line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 Block 6 of 6 Page 285 of 661 Kreb's Addition to the Northeast corner of Lot 1 Block 6 said addition; thence West along the North line of said Lot 1 to the Northwest corner of said Lot 1; thence continuing West along an extension of the last described course to the centerline of Maxwell Street; thence North along the centerline of Maxwell Street to the point of intersection of the Westerly extension of the South line of Lot 9 Block 3 Nelson Addition; thence East along said Westerly extension of the South line of Lot 9 Block 3, and the South line of Lots 9 and 10 Block 3 said addition, vacated Brender Street, and Lots 9 and 10 Block 2 said addition to the Southeast corner of Lot 10 Block 2 said addition; thence East on a continuation of the last described course to the centerline of Aladdin Street; thence Northerly along the centerline of Aladdin Street to the point of intersection with the centerline of Upton Avenue; thence West along the centerline of Upton Avenue to the intersection with the centerline of Galloway Court; thence North along the centerline of Galloway Court to the intersection with the centerline of Maynard Avenue (said point also being the point of intersection of the centerlines of Maynard Avenue and Joy Drive); thence Northerly and Northwesterly along the centerline of Joy Drive to the point of intersection with the extension Southerly of the East line of Lot 7 Block 1 of Clyde Miller Heights; thence North along the Southerly extension of the East line of Lot 7 Block 1 said addition and the East line of Lot 7 Block 1 said addition to the Northeast corner of said lot; thence Northeasterly along the Southeasterly line of Lot 3 Auditor's Whitney Road Plat to a point that is 89.2 feet Northeasterly of the Southwesterly line of Lot 3 said addition; thence Northwesterly along a line that is 89.2 feet Northeasterly of and parallel to the Southwesterly line of said Lot 3 to its intersection with the most Westerly line of said lot, said point also being a point on the most Easterly line of Lot 2 Block 1 of Clyde Miller Heights; thence Northeasterly along the most Easterly line of said Lot 2 to the Northeast corner of said lot; thence Northwesterly along the most Northerly line said Lot 2 to the Northwest corner of said lot, also being a point on the East line of Hanna Boulevard; thence North along the West line of Lot 1 Blockl Clyde Miller Heights, and an extension thereof to the North line of Rainbow Drive; thence Northwesterly along the Northerly line of Rainbow Drive to the Southeast corner of Lot 10 of Auditor's Whitney Road Plat; thence North to the Northeast corner of said Lot 10; thence Northwesterly along the Northerly line (curve) of Lots 10 and 11 of said addition to the point of intersection with the extension Southerly of the West line of Lot 12 Auditor's Whitney Road Plat; thence North along the Southerly extension of the West line of Lot 12 Auditor's Whitney Road Plat, and the West line of Lot 12 Auditor's Whitney Road Plat to the Northwest corner of said Lot 12; thence East and Southeasterly following the Northerly line of said Lot 12 to the Northwest corner of Lot 4 Sherwood Park; thence Southeasterly along the Northerly line of Lots 4, 3, 2, and 1 of Sherwood Park to the Northeast corner of said Lot 1 Sherwood Park; thence North in a straight line to the Southeast corner of Lot 5 Sherwood Park; thence Easterly in a straight line to the Southwest corner of Lot 25 California Subdivision; thence Southeasterly following the South line of Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45 said addition to the Southeast corner of Lot 45 said addition; thence Southeasterly in a straight line to the most Westerly corner of Lot 1 Massey Pullman Diner Plat; thence Southeasterly to the Southeast corner of Lot 2 Massey Pullman Diner Plat; thence Southeasterly on an extension of the last described course to its intersection with the centerline of Relocated Ansborough Avenue; thence Northeasterly and Easterly along the centerline of Relocated Ansborough Avenue to the Centerline of Relocated West 7 Page 286 of 661 Conger Street; thence Northeasterly along said Centerline of Relocated West Conger Street across the Cedar River Bypass to the Southwesterly line of the main channel of the Cedar River; thence Northeasterly to the intersection of the centerline of Relocated Conger Street and the Northeasterly line of the main channel of the Cedar River; thence Northerly along said Northeasterly line of the Cedar River to the point where the centerline of West Parker Street, if extended Westerly, would intersect said Northeasterly line; thence Easterly along said extension of West Parker Street and the Centerline of West Parker Street to the centerline of Cedar Bend Street; thence following the centerline of Cedar Bend Street, as now established, Northwesterly and Northerly to the centerline of W. Donald Street, said point also being a point on the South line of Section 10 Township 89 Range 13; thence West along the South line of said Section to the Southwest corner of said Section; thence North along the West line said Section to the North line of the South one-half of said Section; thence East along said North line of the South one-half of Section 10 Township 89 Range 13 to the East line of said Section; thence East along the North line of the South one-half of Section 11 Township 89 Range 13 to the Southwest corner of the Southeast quarter of the Northeast quarter of Section 11 Township 89 Range 13; thence North along the West line of said Southeast quarter of the Northeast quarter to the Northwest corner of said Southeast quarter of the Northeast quarter; thence East along the North line of said Southeast quarter of the Northeast quarter to the East line of Section 11 Township 89 Range 13, which point is the Centerline of U.S. Highway 63 (also known as Logan Avenue); thence South along the Centerline of Logan Avenue to the Centerline of Ralston Road; thence East along the Centerline of Ralston Road and an extension thereof to its intersection with the West line of Virden Creek; thence Southerly and Southwesterly along the Westerly line of Virden Creek to the Centerline of the tracks of the Chicago Central and Pacific Railroad Line; thence Easterly and Southerly along the Centerline of the Chicago Central and Pacific tracks to a line six hundred and sixty feet (660') North of and parallel to the South line of Section 13 Township 89 Range 13; thence East along said line to the East line of said Section; thence continuing Easterly along a line six hundred and sixty feet (660') North of and parallel with the South line of Section 18 Township 89 Range 12 to the East line of said Section; thence South along the East line of said Section to the Northeast corner of Section 19 Township 89 Range 12; thence South along the East line of said Section to the centerline of Independence Avenue; thence East along the centerline of Independence Avenue to the West line of Skyview Road; thence South along the West line of Skyview Road to the North line of Osage Avenue (formerly Osage Road); thence West along the North line of Osage Avenue to the West line of North Evans Road; thence South along the West line of North Evans Road to the Southwesterly line of the Chicago Central & Pacific Railroad Right -of -Way, said Point also being a point on the City Limit line of the Corporate Limits of Waterloo, Iowa, as currently established; thence Northwesterly and Southerly following the City Limit line as currently established to the point where it intersects the Northeasterly line of the Cedar River; thence Northwesterly along the Northeasterly line of the Cedar River to the point of Beginning; all in the City of Waterloo, Black Hawk County, Iowa; and also, All that part of Section 2 Township 89 Range 13, in the City of Waterloo, Black Hawk County, Iowa, platted as Aerostat Heights. 8 Page 287 of 661 B. Taxable Value The current taxable value for the developed area of the CLURA is estimated at the following amounts for the following classifications. The following figures are totals which account for land and buildings. Agricultural Commercial Industrial Residential Exempt Total LAND BUILDING TOTAL .$17,889,530 $10,575,220 $28,464,750 $109,436,710 .. $453,008,070 .$562,444,780 .$11,147,770 $95,225,880 ..$106,373,650 .$226,954,600......$1,245,071,490 $1,472,026,090 $55,578,310 .$138,981,090 ..$194,559,400 $421,006,920 $1,942,861,750 $2,363,868,670 C. Existing Land Use Survey The property is currently a mix of agricultural, commercial, industrial and residential uses. D. Zoning and Future Land Use The Zoning Map (Figure 2) and Future Land Use Map (Figure 3) help illustrate the proposed uses for this area, and both indicate that this area should have sections for agricultural, sections for industrial, sections for residential, and sections for commercial uses. E. Property Owners and Property Valuations State law requires the City to notify those citizens directly affected by the designation of a Revitalization District. To comply with this mandate, a list of all property owners in the CLURA will be compiled. It is also necessary that each property value and property owner be listed within the plan. Said listing is contained in Appendix "B", attached hereto. F. Public Service and Facility Improvements The governing body of the City influences the quality of the community in two significant ways: first, by initiating capital improvements, such as road and sewer systems, and second, through policy decisions which guide the direction and nature of future land use. Since the CLURA exists in the city limits of the community, all essential public services can be adequately provided by following appropriate land use policies for growth and development. G. Relocations 9 Page 288 of 661 The CLURA Plan is intended to provide private persons and developers with incentives to build new residential construction within the City, and therefore the City does not anticipate any relocations or displacement of persons or businesses as a result of the CLURA. However, to the extent that any relocation or displacement of persons or businesses is necessary, the City shall follow the procedures outlined in the City of Waterloo, Iowa Relocation Checklist, available for viewing at the Office of the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703S. H. The Tax Exemption Who qualifies? The revitalization incentives under the CLURA Plan are applicable to new construction only done upon on any property located within the CLURA boundaries which is assessed as residential, but not on property assessed as agricultural, commercial or industrial, so long as the revitalization on the qualifying property ("Qualified Real Estate") possesses the following attributes: 1. New construction of a one or two family homes or multi -family residential during the time in which the area was so designated. 2. Any new construction of facilities for a children's day care center as provided in this Section H. Any additions or major renovations that meet the criteria of paragraph 2, 3, 4 and 5 of this Section H for utilizing a residential home for children's day care use. Said improvements could be conversion of a garage into a day care use, addition to home, or major renovation of space on interior for use as a day care use. All such conversions must meet the applicable building codes and zoning ordinance requirements for a children's day care in a home. Any such day care facilities must be registered with the State of Iowa for day care use. 3. Improvements to One and Two Family homes pursuant to paragraph 1 above may not have been initiated prior to July 18, 2011, and improvements for multi -family pursuant to paragraph 1 above and for day care pursuant to paragraph 2 above may not have been initiated prior to January 1, 2023. 4. The owner of said property must have submitted an application for tax exemption which complies with the procedures and specifications set forth in the section entitled "Application Procedures", found in Part V, subsection A of this Plan. 5. If no structures are located on the property prior to the improvements, any construction of a one or two family home or a children's day care facility may qualify; except that any new construction on land assessed as agricultural property shall not qualify as "improvements" under this Plan. If structures are located on the property prior to the potentially qualifying improvements, the actual value added by the improvements must be at least ten percent (10%) of the pre -improvement value, as required by section 404.3(8) of the Iowa Code. However, if such construction was begun prior to the applicable date stated in paragraph 3 above, the value added by such construction will not constitute an increase in value for purposes of qualifying for the exemptions provided for in the Plan. "Actual value added by the improvements" as used in this plan means the actual value added as of the first year for which the exemption was received. In cases where improvements are occurring at the time the CLURA is designated, 10 Page 289 of 661 discussion is likely to arise pertaining to how much of this improvement is applicable to the necessary percent increase. In such instances the following policy will govern: Any construction begun prior to the applicable date stated in paragraph 3 above, either in part or in whole, shall not qualify for the tax exemptions granted under the program. L Tax Exemption Schedule Tax exemption on qualifying improvements must follow one of four schedules as set out by law. Eligible property owners will elect to take one of the four schedules. Once the decision has been made and the exemption granted, the owner cannot change the method of exemption. Exemption schedules are based on the actual value added by improvements, which is defined as the actual value added as of the first year for which the exemption was received. 1. 10-Year, 115% Exemption ($20,000 limit): Not Applicable to CLURA. 2. 3-Year, 100% Exemption All Qualified Real Estate is eligible to receive a 3-year, 100% tax exemption on the actual value added by improvements. 3. 10-Year, Partial Exemption(80,70,60,50,40,40,30,30,20,20%): All Qualified Real Estate is eligible to receive a 10-year graduated scale tax exemption on the actual value added by improvements. 4. 10-Year, 100% Exemption: Not Applicable to CLURA. J. Federal, State and Private Funding Programs A number of additional assistance programs are available to qualifying residents and/or projects in the City of Waterloo. Some of these programs are available only to eligible applicants and/or property in certain designated areas of the city. It should be noted that the City of Waterloo has no plans to issue revenue bonds to undertake or assist with revitalization projects within the CLURA. 1. The Community Development Block Grant (CDBG) Program is a potential source of funding for projects such as the rehabilitation of owner -occupied residential structures which possess up to four dwelling units. The CDBG Program is administered by the Community Development Board for the City of Waterloo and is financed by the Department of Housing and Urban Development (HUD). In the past, the Community Development Board has received approximately $1.8 million in funding per year. 2. The Small Business Administration (SBA) provides various forms of funding to small businesses. In particular, the SBA's 504 Loan Program may provide low - interest, fixed asset financing to qualified businesses. 3. Real Estate Investment Districts (REIDs) are governmental taxing districts which can be created by owners of undeveloped land, with the approval of the City Council. REIDs provide a simple method to allow land owners to develop a 11 Page 290 of 661 governmental entity, which then has similar financing advantages as cities to make public improvements. The district can specially assess the costs of public improvements among all lots in the subdivision with payment of the assessments pledged to the bonds for a period of up to 15 years. 4. The Housing Application Review Team (HART) consists of representatives from the following State of Iowa agencies which fund housing projects: Rural Housing & Community Development Service, Iowa Finance Authority/Housing Assistance Fund, Federal Home Loan Bank/Affordable Housing Program, Iowa Office of HUD, Iowa Department of Economic Development (IDED)/HOME & CDBG. The team reviews a brief application form submitted by potential applicants. This process allows the applicant to have a proposed project informally reviewed by all five funding agencies with just one communication. This program is administered by IDED. 5. The Iowa Housing Fund, or Local Housing Assistance Program (LHAP), administered by IDED, focuses on improving substandard, unaffordable housing stock through housing rehabilitation for rental and owner -occupied units, tenant - based assistance, first time home buyer assistance, and new construction. 6. Housing Assistance Fund (HAF) is a flexible program of financial assistance dedicated to a variety of housing projects, programs and activities which contribute to the goal of providing decent, safe and affordable housing for low and moderate income persons. The program is administered by the Iowa Finance Authority. 7. The HOME Investment Partnership Program is designed to provide assistance to eligible recipients for rehabilitation, new construction, home buyer assistance and tenant -based rental assistance in order to achieve an adequate supply of decent, safe and sanitary housing for low to moderately low income households. 8. Existing Multifamily Rental Housing (Section 223(f)) is federal mortgage insurance under Section 207 pursuant to Section 223(f) for the purchase or refinancing of existing apartment projects; to refinance an existing cooperative housing project; or for the purchase and conversion of an existing rental project to cooperative housing. HUD insures mortgages to purchase or refinance existing multifamily projects originally financed with or without federal mortgage insurance. HUD may insure mortgages on existing multifamily projects under this program that do not require substantial rehabilitation. 9. Mortgage Insurance for Single Room Occupancy Projects (Sec. 221(d) & 223(g)) offers mortgage insurance for the new construction and substantial rehabilitation of single room occupancy (SRO) facilities. The insured SRO program is designed to expand the availability of affordable housing for low- and moderate -income persons, thereby helping to prevent homelessness. 10. Multifamily Rental Housing for Moderate -Income Families is federal mortgage insurance to finance rental or cooperative multifamily housing for 12 Page 291 of 661 moderate -income households, including projects designated for the elderly. 11. Supplemental Loans for Multifamily Projects (Section 241) is federal loan insurance which finances improvements, additions and equipment to multifamily rental housing and health care facilities. It provides owners of eligible low- income housing with an adequate return on their investments and the ability to finance the acquisition of eligible low-income housing. HUD insures loans made by private lending institutions to pay for improvements or additions to apartment projects, nursing homes, hospitals, or group practice facilities that already carry HUD -insured or HUD -held mortgages. Projects may also obtain FHA insurance on loans to preserve, expand, or improve housing opportunities, to provide fire and safety equipment, or to finance energy conservation improvements to conventionally financed projects. Major movable equipment for nursing homes, group practice facilities, or hospitals also may be covered by a mortgage under this program. 12. Supportive Housing for Persons with Disabilities (Section 811) provides assistance to expand the supply of housing with supportive services for persons with disabilities. Capital advances are made to eligible nonprofit sponsors to finance the development of rental housing with supportive services for the disabled. The advance is interest free and does not have to be repaid so long as the housing remains available for very low-income persons with disabilities for at least 40 years. Project rental assistance covers the difference between the HUD - approved operative cost per unit and the amount the resident pays. Nonprofit organizations may qualify for assistance. 13. Supportive Housing for the Elderly (Section 202) provides capital advances to eligible private and nonprofit sponsors to finance the development of rental housing with supportive services for the elderly. The advance is interest free and does not have to be repaid so long as the housing remains available for very low- income elderly persons for at least 40 years. Project rental assistance covers the difference between the HUD -approved operative cost per unit and the amount the resident pays. It does not include an amount for debt service. 14. Waterloo Industrial Development Association has previously worked towards the acquisition of land parcels in the Waterloo area for the future development and assemblage of industrial projects. 15. The Black Hawk County Economic Development Committee, Inc. provides economic development assistance to area businesses through two primary financial assistance programs. a. SBA 504 Loan Program: The SBA 504 Loan Program assists eligible businesses in the acquisition of fixed assets, for example• land, buildings, machinery and equipment. b. Revolving Loan Fund Program: The Revolving Loan Fund (RLF) Program is a special loan fund set up to provide "gap financing" to sound businesses or new business start-ups. The primary focus of RLF is job creation and capital expenditures in the manufacturing sector. 16. Tax Increment Finance Districts. If a site is located in a TIF District within the City of Waterloo, additional incentives may apply. Incentives could include 13 Page 292 of 661 property tax rebates, grants, land at nominal price, and other non -financial project assistance. Particular incentives will vary by project depending on type of development, project needs, the opportunity presented by the project, and other relevant factors, and be subject to approval of a development agreement between the developer and the City of Waterloo. V. PLAN ADMINISTRATION A. Application Procedures The property owner shall submit an application to the City Council. If the proposed project meets the requirements outlined in this plan, the City must by resolution grant its preliminary approval. It should be noted that the tax exemption is not guaranteed until the project is completed and the City Assessor certifies that the project has met the necessary increase in actual value added. The City must receive the application by February 1st of the assessment year for which the initial exemption is first claimed. In addition, the application must be filed no later than the year in which all improvements are first assessed for taxation. For each additional improvement submitted by a property owner for tax exemptions, the application procedure must be repeated. If the application is rejected by the City due to non-conformance with this Plan, the property owner may submit an amended proposal. The application shall consist of at least the following information: 1. The nature of the improvement; 2. The cost of the improvement; 3. The estimated or actual date of completion. B. City Council and City Assessor Review The City Council must also submit all approved applications to the City Assessor by March 1st and indicate the applicable tax exemption. The Assessor is to conduct an on -site evaluation of all applications claiming a first -year exemption. If the Assessor determines that the actual value of the real estate has increased through new construction as required by this plan, the Assessor must notify the County Auditor of the appropriate valuation per the agreed upon schedule at the time of transmitting the assessment roll. In addition, at this time the property owner must also be informed of the Assessor's determination. If the Assessor certifies that the project is in compliance with the standards set forth in this Plan, the property owner will continue to receive exemptions as indicated on the appropriate schedule. The Assessor, in following years, will perform periodic inspections of those properties receiving exemptions to ensure that the intent of the Act is upheld. C. City Assistance to the Applicant Property owners with questions pertaining to Plan definition or application procedures 14 Page 293 of 661 may receive assistance from the City's Community Planning and Development office. Assistance will relate primarily to the application process and defining eligibility as it relates to the area. All information services will be provided free of charge. D. Plan Termination This Plan shall be effective for a period of five (5) years. After that time, if the City Council believes the Plan shall be further needed, it may extend the timeline for a period of years as it decides. At that time all existing exemption agreements will be honored until their normal expiration date. 15 Page 294 of 661 City of Waterloo CLURA & Existing Real Estate Parcels Area NOT Included In City Limits Urban Revitialiation Area 0 City Limits Urban Revitalization Area/ Waterloo City Limits IZI Existing CURA Boundary (Area NOT Included in CLURA) Page 295 of 661 M.1;C=Z M-11 L . dill R-2 Legend Area NOT Included In City Limits Urban Revitialiation Area _,.._... R-2 Ls1 •Ij IjI1 jimeri'n_r'��_jaw E City Limits Urban Revitalization Area/ Waterloo City Limits Existing CURA Boundary (Area NOT Included in CLURA) ElZoning Boundary 0.5 0 1 Miles R-4,R-P Figure 2 Page 296 of 661 City of Waterloo CLURA & Future Land Use Area NOT Included In City Limits Urban Revitialiation Area 0000 fl no DM DE 00 oo D sev QQ ``�I 1 o0 00 E�fl !1�`� oo e. Ir„, Sao �Z QQ �o� 1 0.5 0 Figure 3 1 Miles Legend Future Land Use Agricultural Agricultural, Residential Potential Low Density Residential Mixed Residential: Low, Medium, High Density Residential; Professional Offices; Neighborhood Commercial Mixed Commercial: Medium to High Density Residential; Professional Offices; Compatible Commercial Commercial Business Park: Professional Offices, Commercial; Compatible Light Industrial Industrial Parks, Open Spaces, Schools, Airport Government Facilities, Public Areas Semi -Public, Utilities, Hospitals, Railroad 0 City Limits Urban Revitalization Area/ Waterloo City Limits Existing CURA Boundary (Area NOT Included in CLURA) Page 297 of 661 Table 1: Property Owners and Property Valuations This document is on file in the Office of the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. 19 Page 298 of 661 IMPORTANT NOTICE — PUBLIC HEARING MONDAY, MAY 15, 2023 AT 5:30 P.M., CITY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA. THE PURPOSE OF THE PUBLIC HEARING IS TO APPROVE A CITY LIMITS URBAN REVITALIZATION AREA (CLURA) PLAN FOR A FIVE-YEAR TERM. The Urban Revitalization Act authorizes city councils to designate an area of the city as a revitalization area. Improvements to qualified real estate within these designated areas may then be eligible to receive a total or partial exemption from property taxes for a specified number of years. The exemptions are intended to stimulate private investments by reducing the tax increases that would normally result from making improvements to real estate property. The purpose of the Act is to attract development and thereby to stabilize or increase the tax base within the designated areas. The area proposed for designation will be commonly known as the City Limits Urban Revitalization Area (CLURA) and will encompass all incorporated areas of the City of Waterloo except those areas legally described as follows: Beginning at a Point on the East line of Section 31 Township 89 Range 12 where the East line of said Section 31 intersects the Northeasterly line of the Cedar River; thence South along the East line of said Section 31 to its intersection with the Southwesterly line of the Cedar River; thence Southeasterly, Southerly, and Southwesterly following said Southwesterly line of the Cedar River to its intersection with the South line of Section 31 Township 89 Range 12; thence West along the South line of said Section 31 to the Southwest corner of said Section 31; thence West along the South line of Section 36 Township 89 Range 13 to the point of intersection with the East line of Lot 32 Garden Addition extended Southerly; thence North along the Southerly extension of the East line of Lot 32 Garden Addition, the East line of Lot 32 Garden Addition, and the extension Northerly of the East line of Lot 32 Garden Addition to the point of intersection with the centerline of Plymouth Avenue; thence West along the centerline of Plymouth Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the centerline of Lorraine Avenue; thence West along the centerline of Lorraine Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the south line of Hawthorne Avenue; thence West along the South line of Hawthorne Avenue to the Easterly line of Kimball Avenue; thence North along the East line of Kimball Avenue to the North line of Reber Avenue; thence West along the North line of Reber Avenue and its extension Westerly to the Northwesterly line of the Sergeant Road Bike Trail (formerly the Chicago & Northwestern Transit Co.); thence Northeasterly along the last described line to the Westerly line of Fletcher Avenue; thence North along the West line of Fletcher Avenue to the South line of Black Hawk Road; thence Southwesterly and Westerly along the South line of Black Hawk Road to its intersection with the centerline of Ansborough Avenue, said centerline also being the East line of Section 28 Township 89 Range 13; thence North along the East line of said Section 28 to its intersection with the Easterly extension of the North line of Lot 19 Block 32 Downing Place; thence West along said Easterly extension of the North line of Lot 19 Block 32, and the North line of Lot 19 Block 32 said addition, and the Westerly extension of said line to the intersection with the East line of Lot 9 Kearns Addition; thence North along the East line of Lot 9 said addition to the Northeast corner of said Lot 9; thence Westerly and Northwesterly along the platted Northerly lines and arcs of Lots 9, 10, 11, 12, 13, 14, and 15 of Kearns Addition to the Northwest corner of Lot 15 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 26 Kearns Addition; thence Northwesterly following the Northerly lines (arcs) of Lots 26 and 27 Kearns Addition to the Northwest corner of Lot 27 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 41 said addition; thence Southwesterly following the Easterly lines (arcs) of Lots 41, 40, and 39 Kearns Addition to the Southeasterly corner of Lot 39 said addition; thence Westerly along the Southerly line of said Lot 39 to the Southwest corner of said lot; thence Northeasterly along the Easterly lines of Lots 56 & 55 said addition to the most Easterly corner of Lot 55 said addition; thence Northwesterly along the North 1 Page 299 of 661 lines (arcs) of Lots 55, 54, 53, 52, 51, 50, 49, 48, and 47 said addition, and the extension Northwesterly of the Northeasterly line (arc) of said Lot 47 to its intersection with the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue to the centerline of Linbud Lane; thence North along the centerline of Linbud Lane to the centerline of Alabar Avenue; thence Northwesterly along the centerline of Alabar Avenue to the centerline of Littlefield Road; thence Southerly along the centerline of Littlefield Road to the centerline of Flower Street; thence Northwesterly along the centerline of Flower Street, to the centerline of Sheerer Avenue; thence Northerly along the centerline of Sheerer Avenue to the centerline of Flower Street; thence West along the centerline of Flower Street to the point of intersection with the Northerly extension of the West line of Lot 1 Alabar Hills Second Addition; thence South on said extension of the West line of Lot 1 said addition, and the West line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 said addition to the Southwest corner of Lot 13 Alabar Hills Second Addition; thence South on a continuation of the last described course to the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue as originally platted to its intersection with the South line of Section 21 Township 89 Range 13; thence West along the South line of said Section 21 to the Southwest corner of said Section 21; thence West along the South line of Section 20 Township 89 Range 13 to its intersection with the centerline of Progress Avenue; thence North along the centerline of Progress Avenue to the point of intersection with the centerline of Crossway Drive; thence Westerly along the centerline of Crossway Drive, and an extension thereof, to the Westerly line of Midway Drive, (said point of intersection also currently a point on the Westerly Corporate Limits of the City of Waterloo); thence North following the current Westerly corporate limits of the City of Waterloo to a point on the centerline of Midway Drive where the North line of Lot W-3 Cedarloo Park, if extended Westerly, would intersect said centerline; thence East along said extension of the North line of said Lot W-3, and the North line of said Lot W-3, to the West line of Lot 21 Acorn Addition; thence South along the West line of Lot 21 Acorn Addition to the Southwest corner of said lot; thence Easterly along the South line of Acorn Addition to the Southeast corner of Lot 1 said addition; thence continuing along an extension of the last described course to its intersection with the centerline of Progress Avenue; thence South along the centerline of Progress Avenue to the point where the South line of Lot W-116 Cedarloo Park, if extended Westerly, would intersect said line; thence Easterly along the extension of the South line of Lot W-116 said addition, and the South line of Lot W-116 said addition to the Southeast corner of Lot W-116 said addition; thence South along the East line of Lot W-115 Cedarloo Park to the South line of Tract D of Pine Meadows Addition; thence East along said South line to the West line of Forest Hill Subdivision; thence South along the West line of Lots 10, 11, 12, 13, 14, 15, 16 & 17 said addition to the Southwest corner of Lot 17 said addition; thence Southeast along the Southerly line of Lot 17, and the extension thereof, to its intersection with the centerline of S. Hackett Road; thence North along the centerline of S. Hackett Road to the centerline of Maynard Avenue; thence East along the centerline of Maynard Avenue to its intersection with the extension Northerly of the West line of Paul's Replat of a Part of Lawless Addition; thence South along the Northerly extension of the West line of Paul's Replat of a Part of Lawless Addition, and along the West line of said addition to the North line of Tract A said addition; thence East along said North line to its intersection with the West line of H. Ray Hughes Addition; thence South along the West line of said addition to the centerline of Coachman Drive (said centerline also being a point on the West line of Tract B said addition); thence East along the centerline of Coachman Drive (296 feet more or less) to its intersection with the centerline of Carriage Hill Drive; thence South and Southeasterly along the centerline of Carriage Hill Drive to the centerline of Stephan Avenue; thence South along the centerline of Stephan Avenue to the point where it would intersect the Westerly extension of the North line of Lot 45 Hansen Noble Addition; thence East along said Westerly extension of the North line of said Lot 45, and the North line of Lot 45 said addition to the Northwest corner of Lot 24 Hansen Noble Addition; thence South along the West line of Lots 24 and 23 said addition to the South line of Lot 23 said addition; thence East along the South line of Lot 23 said addition to the West line of Hanna Boulevard; thence Easterly in a straight line to a point on the East line of Hanna Boulevard that is 5.2 feet normally distant Southerly from the North line of Lot 1 said addition; thence Easterly along a line that is 5.2 feet normally distant Southerly of the North line of Lot 1 said addition to the East line of said Lot 1 Hansen Noble 2 Page 300 of 661 Addition; thence North along the East line of Lots 1 & 2 said addition to the North line of Lot 16 Block 4 Kreb's Addition; thence East along the North line of said Lot 16 to the Northeast corner of said lot; thence East along a continuation of the last described course to the centerline of Hickory Street; thence North along the centerline of Hickory Street to the point of intersection with the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition; thence East along the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 33 Block 5 said addition to the West line of Maxwell Street; thence Easterly in a straight line to the Southwest corner of Lot 10 Block 6 Kreb's Addition; thence East along the South line of said Lot 10 Block 6 said addition to the Southeast corner of said lot; thence North along the East line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 Block 6 of Kreb's Addition to the Northeast corner of Lot 1 Block 6 said addition; thence West along the North line of said Lot 1 to the Northwest corner of said Lot 1; thence continuing West along an extension of the last described course to the centerline of Maxwell Street; thence North along the centerline of Maxwell Street to the point of intersection of the Westerly extension of the South line of Lot 9 Block 3 Nelson Addition; thence East along said Westerly extension of the South line of Lot 9 Block 3, and the South line of Lots 9 and 10 Block 3 said addition, vacated Brender Street, and Lots 9 and 10 Block 2 said addition to the Southeast corner of Lot 10 Block 2 said addition; thence East on a continuation of the last described course to the centerline of Aladdin Street; thence Northerly along the centerline of Aladdin Street to the point of intersection with the centerline of Upton Avenue; thence West along the centerline of Upton Avenue to the intersection with the centerline of Galloway Court; thence North along the centerline of Galloway Court to the intersection with the centerline of Maynard Avenue (said point also being the point of intersection of the centerlines of Maynard Avenue and Joy Drive); thence Northerly and Northwesterly along the centerline of Joy Drive to the point of intersection with the extension Southerly of the East line of Lot 7 Block 1 of Clyde Miller Heights; thence North along the Southerly extension of the East line of Lot 7 Block 1 said addition and the East line of Lot 7 Block 1 said addition to the Northeast corner of said lot; thence Northeasterly along the Southeasterly line of Lot 3 Auditor's Whitney Road Plat to a point that is 89.2 feet Northeasterly of the Southwesterly line of Lot 3 said addition; thence Northwesterly along a line that is 89.2 feet Northeasterly of and parallel to the Southwesterly line of said Lot 3 to its intersection with the most Westerly line of said lot, said point also being a point on the most Easterly line of Lot 2 Block 1 of Clyde Miller Heights; thence Northeasterly along the most Easterly line of said Lot 2 to the Northeast corner of said lot; thence Northwesterly along the most Northerly line said Lot 2 to the Northwest corner of said lot, also being a point on the East line of Hanna Boulevard; thence North along the West line of Lot 1 Blockl Clyde Miller Heights, and an extension thereof to the North line of Rainbow Drive; thence Northwesterly along the Northerly line of Rainbow Drive to the Southeast corner of Lot 10 of Auditor's Whitney Road Plat; thence North to the Northeast corner of said Lot 10; thence Northwesterly along the Northerly line (curve) of Lots 10 and 11 of said addition to the point of intersection with the extension Southerly of the West line of Lot 12 Auditor's Whitney Road Plat; thence North along the Southerly extension of the West line of Lot 12 Auditor's Whitney Road Plat, and the West line of Lot 12 Auditor's Whitney Road Plat to the Northwest corner of said Lot 12; thence East and Southeasterly following the Northerly line of said Lot 12 to the Northwest corner of Lot 4 Sherwood Park; thence Southeasterly along the Northerly line of Lots 4, 3, 2, and 1 of Sherwood Park to the Northeast corner of said Lot 1 Sherwood Park; thence North in a straight line to the Southeast corner of Lot 5 Sherwood Park; thence Easterly in a straight line to the Southwest corner of Lot 25 California Subdivision; thence Southeasterly following the South line of Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45 said addition to the Southeast corner of Lot 45 said addition; thence Southeasterly in a straight line to the most Westerly corner of Lot 1 Massey Pullman Diner Plat; thence Southeasterly to the Southeast corner of Lot 2 Massey Pullman Diner Plat; thence Southeasterly on an extension of the last described course to its intersection with the centerline of Relocated Ansborough Avenue; thence Northeasterly and Easterly along the centerline of Relocated Ansborough Avenue to the Centerline of Relocated West Conger Street; thence Northeasterly along said Centerline of Relocated West Conger Street across the Cedar River Bypass to the Southwesterly line of the main channel of the Cedar River; thence Northeasterly to the intersection of the 3 Page 301 of 661 centerline of Relocated Conger Street and the Northeasterly line of the main channel of the Cedar River; thence Northerly along said Northeasterly line of the Cedar River to the point where the centerline of West Parker Street, if extended Westerly, would intersect said Northeasterly line; thence Easterly along said extension of West Parker Street and the Centerline of West Parker Street to the centerline of Cedar Bend Street; thence following the centerline of Cedar Bend Street, as now established, Northwesterly and Northerly to the centerline of W. Donald Street, said point also being a point on the South line of Section 10 Township 89 Range 13; thence West along the South line of said Section to the Southwest corner of said Section; thence North along the West line said Section to the North line of the South one-half of said Section; thence East along said North line of the South one-half of Section 10 Township 89 Range 13 to the East line of said Section; thence East along the North line of the South one-half of Section 11 Township 89 Range 13 to the Southwest corner of the Southeast quarter of the Northeast quarter of Section 11 Township 89 Range 13; thence North along the West line of said Southeast quarter of the Northeast quarter to the Northwest corner of said Southeast quarter of the Northeast quarter; thence East along the North line of said Southeast quarter of the Northeast quarter to the East line of Section 11 Township 89 Range 13, which point is the Centerline of U.S. Highway 63 (also known as Logan Avenue); thence South along the Centerline of Logan Avenue to the Centerline of Ralston Road; thence East along the Centerline of Ralston Road and an extension thereof to its intersection with the West line of Virden Creek; thence Southerly and Southwesterly along the Westerly line of Virden Creek to the Centerline of the tracks of the Chicago Central and Pacific Railroad Line; thence Easterly and Southerly along the Centerline of the Chicago Central and Pacific tracks to a line six hundred and sixty feet (660') North of and parallel to the South line of Section 13 Township 89 Range 13; thence East along said line to the East line of said Section; thence continuing Easterly along a line six hundred and sixty feet (660') North of and parallel with the South line of Section 18 Township 89 Range 12 to the East line of said Section; thence South along the East line of said Section to the Northeast corner of Section 19 Township 89 Range 12; thence South along the East line of said Section to the centerline of Independence Avenue; thence East along the centerline of Independence Avenue to the West line of Skyview Road; thence South along the West line of Skyview Road to the North line of Osage Avenue (formerly Osage Road); thence West along the North line of Osage Avenue to the West line of North Evans Road; thence South along the West line of North Evans Road to the Southwesterly line of the Chicago Central & Pacific Railroad Right -of -Way, said Point also being a point on the City Limit line of the Corporate Limits of Waterloo, Iowa, as currently established; thence Northwesterly and Southerly following the City Limit line as currently established to the point where it intersects the Northeasterly line of the Cedar River; thence Northwesterly along the Northeasterly line of the Cedar River to the point of Beginning; all in the City of Waterloo, Black Hawk County, Iowa; and also, All that part of Section 2 Township 89 Range 13, in the City of Waterloo, Black Hawk County, Iowa, platted as Aerostat Heights. The public hearing will be held at 5:30 p.m. on Monday, May 15, 2023 in the City Council Chambers at City Hall in Waterloo, Iowa. Any questions regarding the proposed plan or the public hearing should be directed to the Planning and Zoning Office at 319-291-4366 or by email at planning@waterloo-ia.org. Anyone who is interested may appear at such time and place and be heard or may file written objections or comments with the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703 before the date set for said hearing. By order of the City Council this 3rd day of April, 2023. Kelley Felchle, City Clerk 4 Page 302 of 661 NOTICE OF PUBLIC HEARING City Limits Urban Revitalization Area Plan The Waterloo City Council will hold a public hearing on the proposed City Limits Urban Revitalization Area (CLURA) plan on Monday, May 15, 2023, at 5:30 p.m. in the City Council Chambers, City Hall, 715 Mulberry Street, Waterloo. The CLURA plan would provide property tax abatement on the added value of qualified improvements for new home construction (one and two family and multi -family) and improvements for children's day care centers. The property you own or reside in is located in the proposed area of designation. The plan is available for public inspection in the Office of the City Planner at City Hall, 715 Mulberry Street. Comments may be submitted on or before the time of the public hearing to the Planning & Zoning Department by mail at 715 Mulberry Street, Waterloo, Iowa, 50703, by call at (319) 291-4366, or by email at planning@waterloo-ia.org. Page 303 of 661 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Request by the City of Waterloo to vacate approximately 0.8 acres of University Avenue frontage road located near University Avenue and Progress Avenue, subject to the retention of a permanent public and private utility easement on, above, and under the vacated area, in front of the former K- mart site at 3810 University Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The request to vacate the University frontage road in this area would appear to help the redevelopment of the site, eliminate un-needed excess right-of-way for the City of Waterloo and return it to the tax rolls, and help create outlots for development closer to the roadway. The redevelopment of the Kmart site will be a big project for the future of this corridor, and will involve the reuse of the former Kmart building, and demolition of the outlot development in front of the former building. The former Hy-Vee site also sits to the west of this area, has no frontage road, and could have a similar reuse/demolition future with outlot development. The addition of the right-in/right-out at this location, the 5-lane concept west of Progress, and other improved traffic layouts, turning movements, and aesthetics designs have been constructed for the improvement of this general area. Therefore, staff recommends the request by the City of Waterloo to vacate approximately 0.8 acres of University Avenue frontage road located near University Avenue and Progress Avenue in front of the former Kmart site at 3810 University Avenue be approved for the following reasons: 1. The request to vacate would appear to have a positive impact on the redevelopment of the former Kmart site. 2. The requested area is owned on both sides by the same ownership, and thus, does not appear to be needed for public right-of-way, pedestrian, vehicular, or any traffic purposes. 3. The request to vacate would help with redevelopment of the abutting site(s) by creating additional land for a gas station and two additional commercial buildings, closer setbacks for buildings locations, or additional area for parking, etc. Subject to the following condition: 1. That a private and public utility easement be retained on, above, and under the vacate area. NEIGHBORHOOD IMPACT Page 304 of 661 The request to vacate the portion of former frontage road would help with redevelopment efforts of the former Kmart site. The former Kmart site and a few surrounding properties will be reconfigured and become University Progress Addition, so there is no reason for public right-of-way in this area. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as additional traffic movements have been constructed, including a right -in, right -out from this site. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION The Description of the Existing Frontage Road as recorded in Quit Claim Deed Book 489, Page 163 in the office of the Black Hawk County Recorder and was signed February 11, 1970. Description: Frontage Road to be vacated in Lot 30 of Centennial Addition A parcel of land situated in Lot 30 of Centennial Addition, City of Waterloo, County of Black Hawk, State of Iowa, described as follows. Beginning at the Southeast corner of said Lot 30; Thence North 00° (Degrees) 00' (Minutes) 00" (Seconds) East (assumed bearing for the purpose of this description) on the East line of said Lot 30, a distance of 193.03 feet (193.00 feet record); Thence North 74°35'00" West, 181.30 feet; Thence South 00°00'00" West, 43.00 feet; Thence South 74°34'18" East, 139.53 feet (South 74 °35'00" East, 139.50 feet record); Thence South 00°00'00" West, 149.38 feet (150.00 feet record) to the South line of said Lot 30 also being the present Northerly right-of-way line of University Avenue; Thence South 73°46'06" East on the South line of said Lot 30 also being the present Northerly right-of-way line of University Avenue, a distance of 41.95 feet (South 74°35'00" East, 41.80 feet record) to the point of Beginning. Containing 13,547 square feet of 0.31 acre. Description: That portion of the Frontage Road to be vacated in the Northeast 1/4 of Southeast 1/4 of Section 20, Township 89 North, Range 13 West of the 5th P.M. A Parcel of land situated in the Northeast 1/4 of the Southeast 1/4 of Section 20, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, County of Black Hawk, State of Iowa, described as follows. Beginning at the Southeast corner of Lot 30 of Centennial Addition said corner being on the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 20; Thence North 00° (Degrees) 00' (Minutes) 00" (Seconds) East (assumed bearing for the purpose of this description) on the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 20, a distance of 193.03 feet (193. 00 feet record); Thence South 74° 35'00" East, 10.81 feet (10.70 feet record); Thence South 00°00'00" West, 145.38 feet (145.43 feet record); Thence South 73°03'05" East, 385.49 feet (South 73°02'44" East, 385.52 feet record); Thence South 00°00'00" East, 46.77 feet; thence North 73°45'38" West, 304.54 Page 305 of 661 feet to the present Northerly right-of-way line of University Avenue; Thence North 71 °24'04" West (North 71 '23'00" West Carber Heights record) on the present Northerly right-of-way line of University Avenue, 91.56 feet to the point of beginning. Containing 20,042 square feet of 0.46 acre Total area 33,589 square feet or 0.77 acre The City of Waterloo will retain a permanent public and private utility easement on, above and under the above described parcels of land. ATTACHMENTS 1. Council Packet 2. Frontage Road Legal - Former Kmart Page 306 of 661 January 10, 2023 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: BUFFERS REQUIRED/ NEEDED: DRAINAGE: Request by the City of Waterloo to vacate approximately 0.8 acres of University Avenue frontage road located near University Avenue and Progress Avenue in front of the former Kmart site at 3810 University Avenue. City of Waterloo, 715 Mulberry St, Waterloo, Iowa 50703 The applicant is requesting to vacate a portion of University Avenue frontage road just northeast of the Progress Avenue intersection with University Avenue. The request to vacate the portion of former frontage road would help with redevelopment efforts of the former Kmart site. The former Kmart site and a few surrounding properties will be reconfigured and become University Progress Addition, so there is no reason for public right-of-way in this area. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as additional traffic movements have been constructed, including a right -in, right - out from this site. The new University Avenue Trail system is built along the southern side of University Avenue, just south of this request. This new trail connects with the Greenhill Road Trail and the Sergeant Road Trail. There is also sidewalk along University Avenue, but no sidewalks along Progress Avenue. Sidewalk should be required along Progress Avenue as part of the proposed development. The site has been zoned "C-2" Commercial District since the adoption of the Zoning Ordinance in 1969. North — Commercial building (former Kmart) zoned "C-2" Commercial District. South — University Avenue, commercial buildings (Progress Plaza (Lil Caesar) strip mall), all zoned "C-2" Commercial District. East — Hy-Vee Fast and Fresh gas station, Caribou Coffee, and Platt's Storage zoned "C-2" Commercial District. West — former Hy-Vee Grocery Store, Walgreens, all zoned "C-2" Commercial District. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. New drainage requirements would accompany any development of the site. Vacate- former University Ave frontage road 1 of 4 21 Page 307 of 661 January 10, 2023 Picture 1: Existing University Avenue frontage road. Picture 2: University Frontage Road looking toward Progress Avenue. Vacate- former University Ave frontage road 2 of 4 22 Page 308 of 661 January 10, 2023 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: The site is located abutting the University Avenue Corridor, which was recently transferred from the State of Iowa to the City of Waterloo for jurisdictional, maintenance, and ownership purposes. This portion of frontage road area was not a part of the Transfer of Jurisdiction, but abuts the corridor. The University Corridor is a commercial corridor in this portion, but has seen some vacancies along the corridor in recent years. City staff is working to create better traffic flows, more pedestrian accommodations and options along the corridor, as well as improvements for business expansion, redevelopment, and location. This area is not located in a flood plain as indicated by the Flood Insurance Rate Map Community Number 190025 and Panel Number 0169F, dated July 18, 2011. There are no schools or park spaces in the immediate vicinity of the requested area. There are utilities (gas, electric, cable TV, water and fiber) located in the area to be vacated. Easements will be mapped and described on the plat of survey for the disposal of the vacated area. The Future Land Use Map designates the area as Commercial, and this request would be in compliance with such designation as it would help for the future redevelopment of the site. The request to vacate the University frontage road in this area would appear to help the redevelopment of the site, eliminate un-needed excess right-of-way for the City of Waterloo and return it to the tax rolls, and help create outlots for development closer to the roadway. The redevelopment of the Kmart site will be a big project for the future of this corridor, and will involve the reuse of the former Kmart building, and demolition of the outlot development in front of the former building. The former Hy-Vee site also sits to the west of this area, has no frontage road, and could have a similar reuse/demolition future with outlot development. The addition of the right-in/right-out at this location, the 5-lane concept west of Progress, and other improved traffic layouts, turning movements, and aesthetics designs have been constructed for the improvement of this general area. This vacate request went before the Planning, Programming, and Zoning Commission on November 10, 2020 and was recommended for approval. The request was never sent to Council, and since it has been over a year, the request must go back before the Commission. Vacate- former University Ave frontage road 3 of 4 23 Page 309 of 661 January 10, 2023 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: At Tech Review on December 6, 2022, there was discussion by the applicant and staff about relocating utilities and which utilities would need an easement over them. The applicant planned to set up a meeting with the utility companies, the Engineering Department, and the Planning Department to discuss the placement of the utilities and the easements associated with the utilities. Tech Review noted at their meeting on January 3rd, 2023 that no utility meeting had been set up. Kline with MidAmerican Energy stated the easement for utilities will need discussed and agreed on before sending the request to Council. The site is being platted as part of a separate request. The area to be vacated will be created as a plat of survey for disposal purposes. Therefore, staff recommends the request by the City of Waterloo to vacate approximately 0.8 acres of University Avenue frontage road located near University Avenue and Progress Avenue in front of the former Kmart site at 3810 University Avenue be approved for the following reasons: 1. The request to vacate would appear to have positive impacts for the redevelopment of the former Kmart site. 2. The requested area is owned on both sides by the same ownership, and thus, does not appear to be needed for public right-of-way, pedestrian, vehicular, or any traffic purposes. 3. The request to vacate would help for redevelopment of the abutting site(s) by creating additional land for a gas station and two additional commercial buildings, closer setbacks for buildings locations, or additional area for parking, etc. Subject to the following condition: 1. That any easements needed for utility purposes be retained over, under, and upon the area to be vacated. Said easements will be included on the plat of survey for the vacate request. Vacate- former University Ave frontage road 4 of 4 24 Page 310 of 661 City of Waterloo Planning, Programming and Zoning Commission January 10, 2023 ■ imumi. lam .. immium .r mo -- r- �� M. r• si mEn Irak im 4 I ' N il 9 ° S _ o- RgNBO i7 1 Y�JII 4, CARDINAL DR MINIM sari n NWEmErvik 111'. OM .liil: MEN Mr 03 c) JRY RD m LL_L1_ R �1 ■■F ikt R.�■■■■ M� DESOTOAVE o ZE1 R 1, C-ZAr ,11 . 1 1 R- 1 1 0 W r �L Q 1 10 NOSIQQV—RL2 Mrs MIN mm EN � CNEW 21 ME MM 41 II I 1 R-2 mom SAGER AVE MAYNARD AVE, R-2;C=Z -R-4,C-Z C=2 cn A y R-3 TUNIS G\ �Z —0 Il°I /I I MARK DR- i- JILLDR 10z3dSV R-3 zII ■■■_ 0 N■ R-4 A-1 i Lig is • • • • Ns ■ Eli ° 0 ° ■■■ -'m -■ ST. ANDREW'S AV WESTLANDAVE R---3 C-2,C-Z IMM mILLI Q 1- 0 0 W W 0) 'ji • mom imm N num ■j R-4,R-P , SHELDON. S RUSH Si ,11111V11 University Frontage Road ROW Vacate City of Waterloo 25 Pnnr 411 of FF1i City of Waterloo Planning, Programming and Zoning Commission January to, 2023 University Avenue Frontage Road ROW Vacate City of Waterloo 26 DRAWN BY: RJ W CHECKED BY: BDV APPROVED BY: BDV DATE: 12-1-2022 FIELD BOOK: NO. REVISION DESCRIPTION APPROVED DATE SS8 i �sss PROPOSED ACCESS AND SANITARY EASEMENT HALL & HALL ENGINEERS, INC Leaders in Land Development Since 1953 1860 BOYSON ROAD, HIAWATHA, IOWA 52233 PHONE: (319) 362-9548 FAX: (319) 362-7595 CIVIL ENGINEERING • LANDSCAPE ARCHITECTURE LAND SURVEYING • LAND DEVELOPMENT PLANNING www.halleng.com PROPOSED WATER EASEMENT - LOT 'A' 3,206 SF 0.07AC ('12) (02) UNIVERSITY PROGRESS ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA GRAPHIC SCALE IN FEET SCALE: 1"=30' HATCH LEGEND EXISTING FRONTAGE ROAD TO BE VACATED BY THE CITY OF WATERLOO(AREA=0.83 ACRES) NOTES: LOT 'A' TO BE DEDICATED TO THE CITY AFTER EXISTING RIGHT-OF-WAY VACATION Legal Description - Frontage Road Vacation A part of Lot 30, Centennial Addition, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the SE corner of said Lot 30; thence North along the East line of said Lot 30 a distance of 193.00 feet; thence N. 74°35'W. a distance of 181.30 feet; thence South a distance of 43.00 ft.; thence S.74°35'E., a distance of 139.50 feet; thence South a distance of 150.00 feet to the South line of said Lot 30; thence S. 74°35'E. along South line, a distance of 41.80 feet to the point of beginning. The East line of Lot 30 is assumed to bear North -South. A parcel of land located in the N.E. % S.E. 1/4 Sec. 29-89-13, Waterloo, Black Hawk County, Iowa described as follows: Beginning at the SE corner of Lot 30, Centennial Addition, Waterloo, Iowa, said corner being on the West line of the N.E. % S.E. % Sec. 20-98-23, Waterloo, Black Hawk, County, Iowa, thence North along said West line, a distance of 193.00 feet; thence S.74°35'E. a distance of 10.70 feet; thence South a distance of 145.43 feet; thence S. 79°02'44" E. a distance of 385.52 feet; thence South a distance of 60.00 feet to the Northeasterly right-of-way line of U.S. Highway 218; thence N. 71°23' W. along said Northeasterly line a distance of 400.00 feet to the point of beginning. The East line of Lot 30-West line of N.E. % S.E. is assumed to bear North -South. SCALE: 1"=30' FRONTAGE ROAD VACATION EXHIBIT PROJECT NO: 10803-22-3 SHEET 1 '27 Page 313 of 661 8980 Preferred option for traffic signal service on NW corner Remove manhole 581-673 75 0006147533 ssT cr.Tl •\•, � �• •61475 55 0005949516 /% Sa �1 c>U 000ssasszo 001688 004740657 00010021 New cable in conduit crossing University New switchgear •-L' 140T 0001007204 014670160 j J r 0001004236 MZ} Miii.JJnericaln 0001`0282 Crew HQ:WAT Replace switchgear 0006147528 Abandon streetlight cable crossing University 93-3-899 Cust: UNIVERSITY AVE RELOCATION Addr: UNIVERSITY City: WATERLOO Abandon duct bank and cable Install new cables in conduit Remove manhole 00 •370762 New switchgear Abandon duct bank and cable Install new cables in conduit 00395 SIGN �: Remove manhole 00061473 '.2 •006141.662...7 0006147530 0005949522 2 006147529 Abandon existing cable in conduit Preferred option for traffic signal service on SW corner 3721-3735 X = 1935320 Y = 915143 VTR 0006147534 3695 IU ICU WMS_R V:2736566-1 Date: 11/28/2018 Scale: 1 IN = X FT Designer: KLINE,DAVID Job Desc: Waterloo. Gov. Relocate underground facilities along University Ave to accommodate road reconstruction project. SE 68�� 0005985479 0006147531 0005948998 Abandon streetlight cable crossing University ; 0948 A 150 and switchgear 0009851084 3625 594890 93-3k-• 8 00165 .13 3-2835 0005949 0005948997 0012787 All MEC streetlights on University Ave to be removed 1003956 0001003955 -4.00- CONTINUOUS POLYETHELYNE )0172: 16 300 0011191015 C 00)1007 0005948899 R 25T R039-613 39-6 0101 0001003952 LD65-335 Existing cable/conduit to be abandoned and new cable installed at lower elevation 0009850863 c 4" VC 1051 75 Remove manhole 0005949000 F il 0016230780 gl • OPEN • • �.._..*' U 134-888 0010883113 ly : N Replace switchgear 0016432060 • 284-115: -3-2837 OPEN �q\ 73 0010899756 DISCLAIMER OF LIABILITY NOTE: This drawing reflects facilities in place at the time of its preparation and is subject to change at any time. For current facility information, please contact MidAmerican Energy Company. Further, MidAmerican Energy Company disclaims all liability and responsibility for all claims and damages including but not limited to, personal injury, death and property damage, resulting from any authorized or unauthorized use of, or reliance upon, this drawing for any purpose. 28 Page 314 of 661 8811 3810 • • -.. 2117 a 38 373 •- — A • ___F_Yage--3_15 of 661 MATCHLINE - SEE SHEET C.2 EXISTING 50—PAIR COPPER CABLE UNIVERSITY AVE EXISTING — 6—WAY MCD EX ROW. EU EX ROW CB312 (3) EXISTING TRANS PIPES r EXISTING 600—PAIR COPPER CABLE SIGN EXISTING MANHOLE #1037 / EXISTING 900—PAIR LE E STI OPPER CABLES )60i—PAIR COPPER C' (1)9.0—PAIR COPPFCABLE EXISTING 50—PAIR COPPER CABLE 2437 cu EX ROW CB307 cu EX ROW cu EXISTING COPPER CABLES (2)100—PAIR COPPER CABLES EU EX ROW EXISTING 50—PAIR COPPER CABLE —t— cu — PROP ROW CB304 — CB305 UNIVERSITY AVE SIGN EXISTING 6—WAY MCD MATCHLINE - SEE SHEET C.4 (-TERRA TECHNOLOGIES TT TT ENG: Brandon Aman PHONE: 701-866-7952 E—MAIL: baman©terratechllc.net TT# CL18.11308 http://www.terratechlIc.net 0' 20' 40' SCALE: 1" = 40' CRY OF WATERLOO, IA — BLACK HAWK COUNTY UNIVERSITY AVENUE RECONSTRUCTION (PHASE 2) FROM NOWAY DRNE TO OFEENHILL ROAD CenturyLink Conflict Plans UNIVERSITY AVENUE (Sta. 2433+77 — Sta. 2439+93) Pro'ect No.: CL18.11308 Dote: Feb 26, 2019 CenturyLink® CTL ENG: Brent Giese PHONE: 563-355-2592 E—MAIL: Brent.Giese@centurylink.com N.486598 LEGEND BURIED FIBER OPTIC OR BURIED TELEPHONE CABLE BURIED FIBER OPTIC OR BURIED TELEPHONE DUCT EXISTING - - T —— REMOVE/ABANDON — X— T —X— PROPOSED T — — T — — —X— T —X— — T OVERHEAD FIBER OPTIC OR — —aHT— — OVERHEAD TELEPHONE CABLE — x—oHr—x— —oHr Sheet C.3 heet 10 0f 15 Page 316 of 661 MATCHLINE - SEE SHEET C.3 I EX ROW EXISTING 50—PAIR COPPER CABLE EXISTING COPPER CABLES (2)100—PAIR COPPER CABLES UNIVERSITY AVE SIGN EXISTING 6—WAY MCD Eu EX ROW PROP ROW CB302 CB303 EXISTING PEDESTAL SIGN \ EXISTING 25—PAIR \ OPPER CABLE EX ROW EXISTING 50—PAIR COPPER CABLE EXISTING PEDESTAL EXISTING 25—PAIR COPPER CABLE EXISTING PEDESTAL EXISTING 25—PAIR COPPER CABLE EXISTING COPPER CABLES (2)50—PAIR COPPER CABLES EU TUNIS POTHOLE #5 6—WAY MCD T/D=952.98 — T — — T — — T — CB300 2444 G EXISTING 50—PAIR COPPER CABLE 2445 EX ROW EX ROW CU UNIVERSITY AVE U 2446 N W W W J (-TERRA TECHNOLOGIES TT TT ENG: Brandon Aman PHONE: 701-866-7952 E—MAIL: baman©terratechllc.net TT# CL18.11308 http://www.terratechlIc.net 0' 20' 40' SCALE: 1" = 40' CRY OF WATERLOO, IA - BLACK HAWK COUNTY UNIVERSITY AVENUE RECONSTRUCTION (PHASE 2) FROM NOWAY DRNE TO OREENHLL ROAD CenturyLink Conflict Plans UNIVERSITY AVENUE (Sta. 2439+93 — Sta. 2446+10) Pro'ect No.: CL18.11308 Dote: Feb 26, 2019 VIIre CenturyLink® CTL ENG: Brent Giese PHONE: 563-355-2592 E—MAIL: Brent.Giese@centurylink.com N.486598 LEGEND BURIED FIBER OPTIC OR BURIED TELEPHONE CABLE BURIED FIBER OPTIC OR BURIED TELEPHONE DUCT EXISTING REMOVE/ABANDON — — T — — -X— T —X— PROPOSED T — — T — — -X— T —X— — T OVERHEAD FIBER OPTIC OR — —OHT— —-X—OHT—X— —OHT OVERHEAD TELEPHONE CABLE Sheet .4 Sheet 11 Of 15 Page 317 of 661 Fnd. 1/2" Rebar with Yellow Cap No. 7811 Fnd. 1/2" Rebar with Yellow Cap No. 16264 1 Fnd. 1/2" Rebar with Yellow Cap No. 8033 Fnd. 1/2" Rebar 0 W-116 00 CP Q W-115 Fnd. 1/2" Rebar with Yellow\ Broken Red Cap Fnd. 1/2" Rebar with Yellow Cap Fnd. PK Nail Fnd. PK Nail Set 1/2" Rebar/ Yellow Cap No. 8505 Fnd. 1/2" Rebar with Yellow Cap No. 8033 75 150 225 300 SCALE DATE SIGNED: I hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Iowa. MICHAEL R. FOOLE Date License number 8505 My license renewal date is December 31,2022 Pages or sheets covered by this seal: Plat of Survey For Vacating the Frontage Road that is Situated in Lot 30 of Centennial Addition and part of the Northeast 1/4 of the Southeast 1/4 of Section 20, Township 89 North, Range 13 West of the 5th P.M. all in the City of Waterloo, County of Black Hawk, State of Iowa Index Legend Location: Lot 3 Centennial Addition and NE 1/4 SE 1/4 of Sec. 20-89-13W, Waterloo, Iowa Requestor: City of Waterloo Proprietor: City of Waterloo Surveyor: Michael R. Fagle Surveyor Company: AECOM, 501Sycamore Street, Suite 222 Waterloo, Iowa 50703 West line of the NE 1/4 SE 1/4 Sec. 20-89-13W Fnd. 1/2" Rebar with Yellow Cap Fnd. PK Nail No. 16264 0.14' N. and 0.32 ' w. of line \',C.e t b' AA Fnd. PK Nail Qa tx# 1(b �c'GAO Fnd. 1/2" Rebar with Yellow Broken Cap Fnd. 1/2" Rebar �Fo merersityAv 10 _lYS ywy218) Fnd. 1/2" Rebar The Description of the Existing Frontage Road is recorded in Quit Claim Deed Book 489, Page 163 in the office of the Black Hawk County Recorder and was signed February 11, 1970. Description: Frontage Road to be vacated in Lot 30 of Centennial Addition A parcel of land situated in Lot 30 of Centennial Addition, City of Waterloo, County of Black Hawk, State of Iowa, described as follows. Beginning at the Southeast corner of said Lot 30; Thence North 00° (Degrees) 00' (Minutes) 00" (Seconds) East (assumed bearing for the purpose of this description) on the East line of said Lot 30, a distance of 193.03 feet (193.00 feet record); Thence North 74°35'00" West, 181.30 feet; Thence South 00°00'00" West, 43.00 feet; Thence South 74°34'18" East, 139.53 feet (South 74°35'00" East, 139.50 feet record); Thence South 00°00'00" West, 149.38 feet (150.00 feet record) to the South line of said Lot 30 also being the present Northerly right-of-way line of University Avenue; Thence South 73°46'06" East on the South line of said Lot 30 also being the present Northerly right-of-way line of University Avenue, a distance of 41.95 feet (South 74°35'00" East, 41.80 feet record) to the point of Beginning. Containing 13,547 square feet of 0.31 acre. Description: That portion of the Frontage Road to be vacated in the Northeast 1/4 of Southeast 1/4 of Section 20, Township 89 North, Range 13 West of the 5th P.M. A Parcel of land situated in the Northeast 1/4 of the Southeast 1/4 of Section 20, Township 89 North, Range 13 West of the 5 th P.M., City of Waterloo, County of Black Hawk, State of Iowa, described as follows. Beginning at the Southeast corner of Lot 30 of Centennial Addition said corner being on the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 20; Thence North 00° (Degrees) 00' (Minutes) 00" (Seconds) East (assumed bearing for the purpose of this description) on the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 20, a distance of 193.03 feet (193.00 feet record); Thence South 74°35'00" East, 10.81 feet (10.70 feet record); Thence South 00°00'00" Lot 1 West, 145.38 feet (145.43 feet record); Thence South 73°03'05" East, 385.49 feet (South 73°02'44" East, 385.52 feet record); Thence South 00°00'00" East, 46.77 feet; Thence North 73°45'38" West, 304.54 feet to the present Northerly right-of-way line of University Avenue; Thence North 71°24'04" West (North 71°23'00" West Carber Heights record) on the present Northerly right-of-way line of University Avenue, 91.56 feet to the point of beginning. Plat 1 Containing 20,042 square feet of 0.46 acre. Total area 33,589 square feet or 0.77 acre. The City of Waterloo will retain a permanent public and private utility easement on, above and under the above described parcels of land. Fnd. PK Nail Fnd. 1/2" Rebar with Yellow Cap No. 8033 Fnd. 1/2" Rebar with Orange Cap No. 16254 This plat is for Vacating a Frontage Road not a Subdivision of Land. Fnd. Cut "X" • Bearing/ Distance Table Record Measured Frontage Road in part of Lot 3, Centennial Addition 1 To 2 N 00 ° 00 ' 00 " E 193.00' N 00 ° 00 ' 00 " E 193.03' 2 To 3 N 74 ° 35 ' 00 " W 181.30' N 74 ° 35 ' 00 " W 181.30' 3 To 4 S 00 ° 00 ' 00 " W 43.00' S 00 ° 00 ' 00 " W 43.00' 4 To 5 S 74 ° 35 ' 00 " E 139.50' S 74 ° 34 ' 18 " E 139.53' 5 To 6 S 00 ° 00 ' 00 " W 150.00' S 00 ° 00 ' 00 " W 149.38' 6 To 1 S 74 ° 35 ' 00 " E 41.80' S 73 ° 46 ' 06 " E 41.95' Portion of Frontage Road in part of the NE 1/4ofthe SE 1/4Sec. 20-89-13W 1 To 2 N 00 ° 00 ' 00 " E 193.00' N 00 ° 00 ' 00 " E 193.03' 2 To 7 S 74 ° 35 ' 00 " E 10.70' S 74 ° 35 ' 00 " E 10.81' 7 To 8 S 00 ° 00 ' 00 " W 145.43' S 00 ° 00 ' 00 " W 145.38' 8 To 9 S 73 ° 02 ' 44 " E 385.52' S 73 ° 03 ' 05 " E 385.49' 9 To 10 S 00 ° 00 ' 00 " E None S 00 ° 00 ' 00 " E 46.77' 10 To 11 None None N 73 ° 45 ' 38 " W 304.54' 11 To 1 N 71 ° 23 ' 00 " W 91.56' N 71 ° 24 ' 04 " W 91.56' SHEET I OF I SHEET 1 OF 1 Signed Date AEWM Page 318 of 661 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 • Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property Applicant: C I4 Wei66 Address: 715 /dullkm 44- Atte Om 1)- 50703 Email: Noel .rrlee:(6X l C \ tat l0C}-i4.OV) General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): (Ili liers1 Ave fro Situ in -(rc,ti11- car '`6i0 Llv)ite kj Legal description of area to be conveyed, vacated, or encroached: Phone No.: (51(.6 A(11, 36 (forhter- h-Mad- Silt) 1. A non-refundable filing fee(s) shall be made as follows (cheeks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Plea provid nstructi site p s the n and/or aerial photo of the area to be vacated if the request involves eason for the request. j 2. 2 -42— Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 33 Page 319 of 661 The Description of the Existing Frontage Road as recorded in Quit Claim Deed Book 489, Page 163 in the office of the Black Hawk County Recorder and was signed February 11, 1970. Description: Frontage Road to be vacated in Lot 30 of Centennial Addition A parcel of land situated in Lot 30 of Centennial Addition, City of Waterloo, County of Black Hawk, State of Iowa, described as follows. Beginning at the Southeast corner of said Lot 30; Thence North 00° (Degrees) 00' (Minutes) 00" (Seconds) East (assumed bearing for the purpose of this description) on the East line of said Lot 30, a distance of 193.03 feet (193.00 feet record); Thence North 74°35'00" West, 181.30 feet; Thence South 00°00'00" West, 43.00 feet; Thence South 74°34'18" East, 139.53 feet (South 74'35'00" East, 139.50 feet record); Thence South 00°00'00" West, 149.38 feet (150.00 feet record) to the South line of said Lot 30 also being the present Northerly right-of-way line of University Avenue; Thence South 73°46'06" East on the South line of said Lot 30 also being the present Northerly right-of-way line of University Avenue, a distance of 41.95 feet (South 74°35'00" East, 41.80 feet record) to the point of Beginning. Containing 13,547 square feet of 0.31 acre. Description: That portion of the Frontage Road to be vacated in the Northeast 1/4 of Southeast 1/4 of Section 20, Township 89 North, Range 13 West of the 5th P.M. A Parcel of land situated in the Northeast 1/4 of the Southeast 1/4 of Section 20, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, County of Black Hawk, State of Iowa, described as follows. Beginning at the Southeast corner of Lot 30 of Centennial Addition said corner being on the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 20; Thence North 00° (Degrees) 00' (Minutes) 00" (Seconds) East (assumed bearing for the purpose of this description) on the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 20, a distance of 193.03 feet (193. 00 feet record); Thence South 74° 35'00" East, 10.81 feet (10.70 feet record); Thence South 00°00'00" West, 145.38 feet (145.43 feet record); Thence South 73°03'05" East, 385.49 feet (South 73°02'44" East, 385.52 feet record); Thence South 00°00'00" East, 46.77 feet; thence North 73°45'38" West, 304.54 feet to the present Northerly right-of-way line of University Avenue; Thence North 71 '24'04" West (North 71 '23'00" West Carber Heights record) on the present Northerly right-of-way line of University Avenue, 91.56 feet to the point of beginning. Containing 20,042 square feet of 0.46 acre Total area 33,589 square feet or 0.77 acre The City of Waterloo will retain a permanent public and private utility easement on, above and under the above described parcels of land Page 320 of 661 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Request by Nihad Masic to vacate, sell, and convey approximately 1,428 square feet of city -owned right-of-way subject to the retention of a public utility easement, in the "M-1" Light Industrial District located southeast of 312 Kothe Avenue, to Nihad Masic in the amount of $700.00, and Alyssa Roney in the amount of $272.00. RECOMMENDED COUNCIL ACTION Approval The Planning, Programming, and Zoning Commission unanimously recommended approval of the vacate at their regular meeting on April 11, 2023. Therefore, staff recommends that the request by Nihad Masic to vacate approximately 1,428 square feet of city owned right-of-way in the "M-1" Light Industrial District located southeast of 312 Kothe Avenue, be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions, as the alley is not needed for right-of-way purposes. 2. The request is in conformance with the future land use map. Subject to the following condition(s): 1. That an easement may be retained for the overhead utility line within the vacate area. 2. That the gravel driveway and other gravel areas not shown in the site plan be removed. SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to vacate 1,428 square feet of city owned right-of-way southeast of 312 Kothe Avenue. The alley is approximately 16' x 100'. The applicant plans to use the lot to the southeast of 312 Kothe and the vacate area as vehicle storage for the dealership use. A site plan and landscape plan has been submitted for the site. The property owner to the west of the vacate area has expressed interest in their portion of the alley and the site plan has been updated to reflect this. NEIGHBORHOOD IMPACT The request to vacate city owned right-of-way could give an additional 1,428 square feet of land for the auto sales business to park vehicles on the property. The alley right-of-way is not needed for road purposes and has been used by the applicant to store vehicles in the past. The request would not appear to have a negative impact upon pedestrian conditions in the area. There are no sidewalks along Kothe Avenue and it is a dead-end street. DATA, ANALYSIS, AND STRATEGIES Disposal of City Property Page 321 of 661 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Published Notice and public hearing SOURCE OF EXPENDITURES None ALTERNATIVE ACTION LEGAL DESCRIPTION Description — alley vacate: That part of the platted alley in Block 3 of Rosebud Addition, City of Waterloo, Black Hawk County, Iowa, lying north of the north line of Brees Street as currently platted, and lying south of a line that is 101 feet from and parallel with the Southwesterly right of way line of the Illinois Central Railroad (now Chicago, Central and Pacific), subject to the retention of a permanent public utility easement over, under, across and upon the above described area. Description — conveyance to Nihad Masic: That part of the platted alley in Block 3 of Rosebud Addition, City of Waterloo, Black Hawk County, Iowa, lying north of the north line of Brees Street as currently platted, and lying south of a line that is 101 feet from and parallel with the Southwesterly right of way line of the Illinois Central Railroad (now Chicago, Central and Pacific), except the west half of said alley adjoining Lots 1 and 4 of said Block 3, subject to the retention of a permanent public utility easement over, under, across and upon the above described area. Description — conveyance to Alyssa A Roney: The west half of the platted alley adjoining Lots 1 and 4 in Block 3 of Rosebud Addition, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a permanent public utility easement over, under, across and upon the above described area. ATTACHMENTS 1. Council Packet 2. Legal Alley Vacate Southeast of 312 Kothe Av Page 322 of 661 REQUEST: APPLICANT(S): 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: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: April 11, 2023 Request by Nihad Masic to vacate approximately 1,428 square feet of city owned right-of-way in the "M-1" Light Industrial District located southeast of 312 Kothe Avenue. Nihad Masic, 312 Kothe, Avenue Waterloo, IA 50703 The applicant is requesting to vacate a 1,428 square feet of city owned alley right-of-way. The request to vacate city owned right-of-way could give an additional 1,428 square feet of land for the auto sales business to park vehicles on the property. The alley right-of-way is not needed for road purposes and has been used by the applicant to store vehicles in the past. The request would not appear to have a negative impact upon pedestrian conditions in the area. There are no sidewalks along Kothe Avenue and it is a dead-end street. The nearest trail is the Donald Street Trail which is located 3,500 feet to the north. The area in question is zoned "M-1" Light Industrial District, and has been zoned as such since the adoption of the Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North — Broadway Street and Industrial Development zoned "M-1" Light Industrial District. South —Residential Development zoned "R-2" One and Two Family Residence District and ""M-1" Light Industrial District. East — Commercial and Industrial Development zoned "R-2" One and Two Family Residence District and "M-1" Light Industrial District. West — Commercial, Industrial, and Residential Development zoned "M-1" Light Industrial District. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. The adjacent surrounding residential properties were primarily developed between the 1910's and the 1930's. The commercial development in the area occurred between the 1940's and 2000's. No portion of the lot in question is located within a Special Flood Hazard Area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0188F, dated July 18, 2011. Vacate- 312 Kothe Avenue Page 1 of 5 -36- Page 323 of 661 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: April 11, 2023 Lincoln Elementary is located 3,000 feet to the west. George Washington Carver Academy is located 2,200 feet to the northeast and East High School is located 1.5 miles to the southeast. The nearest open space is the Hoing-Rice Softball Center which is located 1,750 feet to the west. The vacate area appears to contain an overhead electric line. There is an 8" sewer main underneath Kothe Avenue and a 6" water main on the west side of Kothe Avenue. A utility easement may need to be retained. The Future Land Use Map designates the area as Industrial. The request would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to vacate 1,428 square feet of city owned right-of-way southeast of 312 Kothe Avenue. The alley is approximately 16' x 100'. The applicant plans to use the lot to the southeast of 312 Kothe and the vacate area as vehicle storage for the dealership use. A site plan and landscape plan has been submitted for the site. The property owner to the west of the vacate area has expressed interest in their portion of the alley and the site plan has been updated to reflect this. The applicant was unanimously denied a request to vacate the area to the north of 312 Kothe Street by the Planning, Programming, and Zoning Commission on July 13, 2021 due to unresolved issues with the Building Department, Engineering Department, Planning Department, and Code Enforcement. The applicant was granted a 2 year variance to the hard surfacing requirement by the Board of Adjustment at their regular meeting on September 28, 2021 for the area to the north and the lot to the south of 3312 Kothe. The applicant will have to address drainage concerns that were identified with a previously submitted drainage plan to the Engineering Department when the area is hard surfaced within the next five to six months. The Engineering Department's concerns have been addressed for now. The Building Department and Fire Department have signed off on the building and it is in compliance with the code. Knutson noted the site should be in compliance with the code if it is built as shown on the plan. The existing gravel driveway and other gravel areas not shown on the site plan will need to be removed. Schroeder expressed concerns with the lack of access between the two sites because of the storm water location. Vacate- 312 Kothe Avenue Page 2 of 5 -37- Page 324 of 661 April 11, 2023 STAFF ANALYSIS — SUBDIVISION ORDINANCE: There would be no platting required in relation to the request. Picture 1: Looking north at the alley to be vacated and the garage of the neighboring property. Vacate- 312 Kothe Avenue Page 3 of 5 -38- Page 325 of 661 April 11, 2023 Picture 2: Looking to the east of the alley. Picture 3: Applicants property to the west of the vacate area. Vacate- 312 KotheAvenue Page 4 of 5 -39- Page 326 of 661 April 11, 2023 STAFF Therefore, staff recommends that the request by Nihad Masic to RECOMMENDATION: vacate approximately 1,428 square feet of city owned right-of-way in the "M-1" Light Industrial District located southeast of 312 Kothe Avenue, be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions, as the alley is not needed for right-of-way purposes. 2. The request is in conformance with the future land use map. Subject to the following condition(s): 1. That an easement may be retained for the overhead electric line within the vacate area. 2. That the gravel driveway and other gravel areas not shown in the site plan be removed. Vacate- 312 Kothe Avenue Page 5 of 5 -40- Page 327 of 661 —W DONALD City of Waterloo Planning, Programming and Zoning Commission April 11, 2023 I II W R-1P Q Q _ !Z FAIRCHILD ST— . L:i z0 z W R-3 \ ex,c2 it 2 g ¢ A-1 o'P = R-2,C-Z Q 111 co o Q W DONALD ST- --IO z 0 0 0 z NORTHEY ST 0 R-2/C-Z VIRGINIA ST AVIS CT R-4 O w LL R=1 M-.1 POPLAR AVE (NORWOOD AVE 'LINDALE AVE WALKER ST 0 —BREES ST ui EDISON ST L I R 4;C-Z R-2 C-1w I.'C!wPARKER sr Z C-11 1,C-Z R-1,R�JI I 0 CC Z R-2;C-Z ---DAWSON ST NEWTON ST Cu W Q Q Q z z0 W 0 ¢ 3 op Q Q RIEHL ST A-1 M-2 BURTON AV z I C-2,C-Z CONGER ST > I1 1 111 co P C- R-3 ¢ R-4— J 1FL R/D//v 11 R-4 �'� II Is/ c-P,. M- 1- 0) 0 0 R `2; C-Z W pgR�RO CC i M-1 R-3 W DALE I ST R I�4r R-2;C-Z 0 W LOUISE ST r LITCHFIELD AVE 1I 0) 0) 00 1- z cc-WARLINGTON ST Y U 1- J O U DAWSON S I I co 0 W R-2,_ ' R-3" C-2; C-ZZ> Q CENTER ST z M-1 �0. J U R3 L C-1. II C-2- Southeast of 312 Kothe ROW Vacate Nihad Masic -41- 0 o')O i GG4 uy" City of Waterloo Planning, Programming and Zoning Commission April 11, 2023 Southeast of 312 Kothe Alley Vacate Nihad Masic -42- Pnnn 4711 of C, EXISTING TREES AND SHRUBS 0 •Q`<' ////////// BUILDING AREA: 1570 SF REQUIRED PARKING SPACES: 4 / 3 SPACES IN THE BUILDING / 3 SPACES OUTSIDE LEXISITING =' � _wr-�-w \Oo\�SURFACING DO\ MIXED GRAVEL iO4111s11 s' 01111=y4LLLa:.:� 04,44 LOT 5 AND PART OF LOT 6 10,869 SF 0.08 ACRES DRY BOTTOM OPEN INFILTRATION BASIN SEE STORM WATER INFORMATION FOR BASIC CALCULATIONS OH E OH E •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r IN -SITU SANDY SOIL WITH SANDY TOPSOIL MIX FOR VEGETATIVE COVER --17' to CC DETENTION BASIN TYPICAL CROSS SECTION NTS USE OTHER PERMITTED USES CURRENT ZONING and GENERAL REQUIREMENTS for "M-1" LIGHT INDUSTRIAL DISTRICT MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM LOT AREA PER FAMILY NO MINIMUM MINIMUM FRONT YARD MINIMUM SIDE YARD ZONINING COMPLIANCE SUMMARY MINIMUM REAR YARD 25 FEET SAME AS"R-4" EXCEPT ABUTTING TO ANY "R" DISTRICT IN WHICH CASE NOT LESS THAN 25 FEET 25 FEET MAXIMUM HEIGHT AND LOT COVERAGE NO BUILDING SHALL EXCEED 4 STORIES OR 48 FEET IN HEIGHT CRITERION Current Zoning District PRINCIPAL USE OUTDOOR STORAGE OFF STREET PARKING SETBACKS REQUIRED/PERMITTED PROPOSED/EXISTING "M-1" LIGHT INDUSTRIAL DISTRICT ANY USE PERMITTED IN "M-1" AND "C3" EXCEPT ALCOHOL SALES ANY OUTSIDE STORAGE SHALL BE EFFECTIVELY SCREENED ON EACH SIDE FACING A RESIDENTIAL OR COMMERICIAL DISTRICT AND EACH SIDE FACING A PUBLIC STREET BY A SOLID FENCE, WALL, OR SENSELY PLANTED COMPACT HEDGE NOT LESS THAN 6 FEET OR MORE THAN 8 FEET IN HEIGHT 1 SPACE PER 500 SF OF STRUCTURE AREA SEE TABLE AUTO BODY REPAIR AND MECHANICAL REPAIR AND SALES CURRENTLY NO OUTSIDE STORAGE EXISTS 3 SPACES IN THE EXISTING SHOP AREA AND 3 OUTSIDE ON THE WEST SIDE OF THE STRUCTURE N/A - NO NEW STRUCTURE GRAPHIC SCALE 0 15' 30' NO. REVISION BY DATE NO. REVISION BY DATE CGA ('lapsaddle-Garber Associates, Inc1 DESIGNED: #### Falls Iowa 50613 Ph 319266 0253 www.cgaconsultanis.com APPROVED: #### 5106 Nordic Ddve DRAWN: #### Cedar CHECKED: #### DATE #### DATE #### DATE #### DATE #### 312 KOTHE AVENUE WATERLOO, IOWA KOTHE SITE PLAN PROJECT N0. 23-DS-0021 SHEET N0. EX01 -43- Page 330 of 661 -°n_w_w��% ►�o�0.�c7�o�o / /gyp 110 �10 jtjetip 4110.41, jeajotip is000p w-riart, \ ovovovovovoovovoUc OHE \ OH E OH E NV. OH E LANDSCAPE NOTES: 1. PLANT AND TREE TYPE TO BE SELECTED BY THE OWNER BASED ON CITY OF WATERLOO FORESTER APPROVAL 2. QUANTITIES OBTAIN POINTS ARE FOR INFORMATION ONLY; DIFFERENT CONFIGURATIONS CAN BE INSTALLED PROVIDED IT MEETS THE REQUIRED POINT REQUIREMENTS FOR THE CITY OF WATERLOO. 3. SHREDDED HARDWOOD BARK MULCH SHALL BE PLACED AROUND ALL TREES AND IN ALL PLANTING BEDS TO A DEPTH OF 3". WALNUT PRODUCTS ARE PROHIBITED. 4. KIND, SIZE AND QUALITY OF PLANT MATERIAL SHALL CONFORM TO AMERICAN STANDARD FOR NURSERY STOCK, ANSI 260-2004, OR MOST RECENT EDITION. 5. ALL PLANT MATERIAL SHALL BE NURSERY GROWN, SOUND, HEALTHY, VIGOROUS AND FREE FROM INSECTS, DISEASE AND INJURIES, WITH HABIT OF GROWTH THAT IS NORMAL FOR THE SPECIES. SIZES SHALL BE EQUAL TO OR EXCEEDING SIZES INDICATED ON THE POINTS SCHEDULE. THE CONTRACTOR SHALL SUPPLY PLANTS/TREES IN QUANTITY AS SHOWN ON DRAWINGS. 6. TAKE OR PLACE ALL PLANTS/TREES IN FIELD AS INDICATED ON THE DRAWINGS OR AS DIRECTED BY THE OWNER FOR APPROVAL PRIOR TO PLANTING. 7. ALL DISTURBED AREAS NOT OTHERWISE COVERED BY BUILDING, PAVEMENT, AND LANDSCAPE BEDS SHALL BE SEEDED WITH TYPE 1 LAWN MIXTURE AS APPROVED BY THE OWNER. LANDSCAPE POINTS SCHEDULE DESCRIPTION POINTS/UNIT PR. STREET PR. SITE OVERSTORY TREES 4 INCH CALIPER OR GREATER 100 3 INCH CALIPER OR GREATER 90 2 INCH CALIPER OR GREATER 80 10 7 TREES WITH CALIPER OF MORE THAN 4 INCHES 25 UNDERSTORY TREES 2 INCH CALIPER OR GREATER 40 1.5 IN CALIPER OR GREATER 30 1 INCH CALIPER OR GREATER 20 SHRUBS 5 GALLON OR GREATER 10 2 GALLON OR GREATER 5 CONIFERS 10 FT HEIGHT OR GREATER 100 8 FT HEIGHT OR GREATER 90 6 FT HEIGHT OR GREATER 80 5 FT HEIGHT OR GREATER 40 4 FT HEIGHT OR GREATER 30 3 FT HEIGHT OR GREATER 20 TOTAL POINTS 800 560 COMBINED TOTAL POINTS REQUIRED STREET (1.5 POINTS PER LF) 500 LF 750 REQUIRED LANDSCAPING (.04 PTS PER SF VEHICULAR USE) 7,119 SF 285 GRAPHIC SCALE 0 15' 30' NO. REVISION BY DATE NO. REVISION BY DATE CGA Clapsaddle-Garber Associates, Inc Toll Free (800) 592-7981 www.cgaconeenanta.com DESIGNED: #### DATE' #### DRAWN:#### DATE #### CHECKED: #### DATE' #### APPROVED: #### DATE• #### 3 12 KOTHE AVE WATERLOO, IOWA LANDSCAPE PLAN PROJECT NO. 23-DS-0021 SHEET NO. EX.02 -44- Page 331 of 661 Applicant: Email: City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 Offer to Vacate and Purchase City Right -of -Way Li Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property iJ;hA(/ may c Address: 3 Phone No.: '31 `t . S2`t',' 1"7 a 111hetC)_yytGslc0yct.kt COn1 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 5E 1e., C4- Legal description of at ea to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment— One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached)1 he request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: ON Of Gad (04 Offer Price for Entire Area: % 00. DO Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: A647-4e_rica_4 V1 04fieLine (no \Ta t 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. i / 11/1J —VA%I Si 6 Applicant 30,a3 Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements -45- Page 332 of 661 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjoining property owne •s of right-of-way request d to be vacated and generally described as (address or general location): Gb. i �a Ro gyp tre , waive any further right to receive mailed notice of the public hearing and have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). Atilt tik ignaf a of adjoining property ow ) ' L : .1 Address 38005 Date (3L°)-0?O S 7 O sca_ COna.� Phone Email ja.Gwc. 1. Offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) 3. Deed: At the time of the buyer's final liayment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants -in - common, joint tenancy with full rights of survivorship, or as individual ownership.) GUV tcX 1< Owe x Sip -46- Page 333 of 661 Description — alley vacate: That part of the platted alley in Block 3 of Rosebud Addition, City of Waterloo, Black Hawk County, Iowa, lying north of the north line of Brees Street as currently platted, and lying south of a line that is 101 feet from and parallel with the Southwesterly right of way line of the Illinois Central Railroad (now Chicago, Central and Pacific), subject to the retention of a public utility easement over, under, across and upon the above described area. Description — conveyance to Nihad Masic: That part of the platted alley in Block 3 of Rosebud Addition, City of Waterloo, Black Hawk County, Iowa, lying north of the north line of Brees Street as currently platted, and lying south of a line that is 101 feet from and parallel with the Southwesterly right of way line of the Illinois Central Railroad (now Chicago, Central and Pacific), except the west half of said alley adjoining Lots 1 and 4 of said Block 3, subject to the retention of a public utility easement over, under, across and upon the above described area. Description — conveyance to Alyssa A Roney: The west half of the platted alley adjoining Lots 1 and 4 in Block 3 of Rosebud Addition, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a public utility easement over, under, across and upon the above described area. Page 334 of 661 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Request by Raymond Shepard to vacate, sell, and convey approximately 9,560 square feet of city - owned right-of-way in the "R-2" One and Two Family Residence District located north of 108 Bishop Avenue, to Raymond Shepard and Kenneth Cox in the amount of $2,000.00, Connie Johnson in the amount of $500.00, and Ryan and Kali Wilkinson in the amount of $500.00. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to vacate an approximately 9,560 square feet alley located north of 108 Bishop and 2237 Osage Drive, to place a pool and deck in the area. The applicant owns the property at 108 Bishop and the property to the north. A storm sewer line is located westerly of the Ogden Avenue right-of-way line and runs parallel to Ogden Avenue. It is within the alley being vacated, therefore a 25 foot easement will need to be maintained over the subject storm sewer area. The Planning, Programming, and Zoning Commission unanimously voted to approve the request at their regular meeting on September 13, 2022. Therefore, staff recommends the request to vacate city owned right-of-way in the "R-2" One and Two Family Residence District located north of 108 Bishop Avenue, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for right-of-way. And subject to the following condition(s): 1. That a 25' utility easement be retained over the storm sewer located westerly of the Ogden Avenue right-ofway line. NEIGHBORHOOD IMPACT The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is not being used as city right-of-way. DATA, ANALYSIS, AND STRATEGIES Page 335 of 661 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Description — alley vacate: The platted alley adjoining Lots 1 through 24 of Block 23 of Auditor Rainbows Plat of Maywood Second Filing, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a permanent public utility easement over, under, across and upon the East 25 feet thereof. Description — conveyance to Kenneth F Cox and Raymond Sheppard III: The platted alley adjoining Lots 1 through 8 and Lots 17 through 24 of Block 23 of Auditor Rainbows Plat of Maywood Second Filing, City of Waterloo, Black Hawk County, Iowa. Description — conveyance to Ryan T Wilkinson and Kali R Wilkinson: The North half of the platted alley adjoining Lots 9 through 12 and Lots 13 through 16 of Block 23 of Auditor Rainbows Plat of Maywood Second Filing, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a permanent public utility easement over, under, across and upon the East 25 feet thereof. Description — conveyance to Connie F Johnson: The South half of the platted alley adjoining Lots 9 through 12 and Lots 13 through 16 of Block 23 of Auditor Rainbows Plat of Maywood Second Filing, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a permanent public utility easement over, under, across and upon the East 25 feet thereof. ATTACHMENTS 1. Council Packet 2. Legal Alley Vacate North of 108 Bishop Av Page 336 of 661 REQUEST: APPLICANT(S): 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: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: Request by Raymond Sheppard to vacate city owned alley right-of-way in the "R-2" One and Two Family Residence District located north of 108 Bishop Avenue. Raymond Sheppard, 108 Bishop Avenue, Waterloo, Iowa 50707 Request by the Raymond Sheppard to vacate 9,560 square feet of alley. The request to vacate will not have a negative impact on the surrounding neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated is not being used as city right-of-way. There are no sidewalks in the near vicinity. The nearest trail is the Cedar Valley Lakes Trail located approximately 0.3 miles to the southwest. The site is zoned "R-2" One and Two Family Residence District and has been zoned as such since being rezoned from "M-1" Light Industrial District on November 18, 1996. Neighboring land uses and zoning: North — Vacant Land and Residences zoned "R-2" One and Two Family Residence District. South — Vacant Land zoned "M-1" Light Industrial District. East — Residences zoned "R-2" One and Two Family Residence District. West — Residences zoned "R-2" One and Two Family Residence District The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. The area is composed of single-family residences built between 1980 and 2019. No portion of the vacate area is located within a floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0188F, dated July 18, 2011. 81 Page 337 of 661 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. Highland Elementary School is located approximately 1 mile to the northwest, Bunger Middle School is located 1.25 miles to the southeast, and East High School is 2.2 miles to the northwest. Maywood Park is located approximately 0.29 miles to the northeast. An 8" Sanitary Sewer is located under Bishop Avenue and a storm sewer is located westerly of the Ogden Avenue right-of- way line. A 25' utility easement will need to be retained over the storm sewer area. 2S j91 WYANOOTTE O 9. O tip.'D 6-, O .. .• M k ,1. - �.. e 5.9 V F• i2M /24 i r2L- 1/23b 'n /2E M AYW OOD - 1 " 1,2 //8 1, 3 1 2 3 4 5 6 7 8 9 10 11 2 24 //o 23 2 2 21 20 19 IL-,1 17 16 15 14 • 11 I !!' <„a 2nd FILING - e/06 —�+.j. II;o97 I/07 h !OS /02 '}„, yQhas ' 9J yN� ri •,l V h 19 ii ''''N N ry M i 'h M1 � NA 4,4,3,,, •7 "z of, c •r+ V .f 8d�� 0 CD " S e67,.a 5G \P} I! yz U& giuzairk //8 2_ /02 J9 RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: The Future Land Use Map designates this area as Low Density Residential. The request would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to vacate an approximately 9,560 square feet alley located north of 108 Bishop and 2237 Osage Drive, to place a pool and deck in the area. The applicant owns the property at 108 Bishop and the property to the north. A storm sewer line is located westerly of the Ogden Avenue right-of-way line and runs parallel to Ogden Avenue. It is within the alley being vacated therefore a 25 foot easement will need to be maintained over the subject storm sewer area. 82 Page 338 of 661 Picture 1: Looking northeast from the corner of Bishop Street and Osage Road toward the property requesting the vacate. Picture 2: Looking west from Ogden Avenue. 83 Page 339 of 661 Picture 3: Looking past 108 Bishop Avenue toward the vacate area. Picture 4: Looking from Bishop Avenue toward the approximate vacate area. 84 Page 340 of 661 STAFF ANALYSIS — SUBDIVISION ORDINANCE: There is no platting in relation to this request. TECHNICAL REVIEW COMMITTEE There were no comments from Tech Review. STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate city owned right-of-way in the "R-2" One and Two Family Residence District located north of 108 Bishop Avenue, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for right-of-way. And subject to the following condition(s): 1. That a 25' utility easement be retained over the storm sewer located westerly of the Ogden Avenue right-of- way line. 85 Page 341 of 661 City of Waterloo Planning, Programming and Zoning Commission September 13, 2022 R-3 IESSEX IDR* Ic 2 0 2 F z IN to w > CLIFTONI AVI Iz 1¢ wC-1 �. w cZ___Jw 10 ERICAVE 'I v Iw r MANIT AAVE' C-1 ARBORN VE 0 9 0 z O SHU ZST LC it Oy R=2 co -°a `O ?P w LL LL z DEARBORN AVE* 0) R-2,C—Z ARCHER C-1,C—Z A-1 VE C 7F. A-1 W Q A=1—A=1 a A—A=1 A-1 A11 A 1 ARBOR LN * o ARCHER AVE' COTTAGE GROVE AVE EARBORN AVE MULBERRY ARCHER AVE 0 O- ST 0 x czi FRANKLIN ST JN MULBERRY ST z 0 cc CALHOUN w SHULTZ ST ST z w 0 ROOSEVELT ST ANN ST OSAGE AVE FULTON ST WYANDOTTE 2 N W ST 0 n r••••••f %4* i •a ., COTTAGE GROVE AVE 1— BUTLER AVE 0 0 DEARBORN AVE R-2, C—Z A-1 SKYVIEW RD OSAG North of io8 Bishop Alley Vacate Raymond Sheppard 86 0 A') City of Waterloo Planning, Programming and Zoning Commission September 13, 2022 OSAGE AVE OSAGE AVE Legend Alley to be vacated 108 Bishop OSAGE AVE io8 Bishop Alley Vacate „�-" .� /kr � �// 6_ N�<-T11 Raymond Bishop s %rloo ‘ci 50 25 0 50 Feet 87 Pnnr ZA1 of 6 . ()Beacon' Black Hawk County, IA Parcel ID 891229384003 Sec/Twp/Rng n/a Property Address 108 BISHOP AVE WATERLOO 940001 District Alternate ID n/a R n/a Class Acreage Overview Legend Water 0 Parcels Owner Address COX, KENNETH F 180 BISHOP AVE WATERLOO, IA50707 Brief Tax Description AUDITOR RAINBOWS PLAT MAYWOOD SECOND FILING WATERLOO LOTS 17 THRU 24 BLK 23 TITLE #000714724085 VJN #R090857A&B (Note: Not to be used on legal documents) These maps do 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. These maps are compiled from official records, including plats, surveys, recorded deeds, and contrads, and only contain information required for local government purposes. See the recorded documents For more detailed legal information. 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FOR PERMIT APPLICATION PERMIT APPLICATION FOR : C/F( X COUNTY iow CALL . 1-880.292.8988 PLAT No1Niredlon service for locating underground 89 Page 345 of 661 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property I Applicant: Liyyvy\65\k? �`ddress: I O 6j ;5` \6P (�� 40e. Phone No.31 I � 7 L5' 7 dr @,o'i-o339 Email: rafS\p931C TYNO:, , Offin. General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: I. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: if the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): 0116 , • Deductions • May decrease price by 50% for area located within an easement: q t d-7 .6e • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: �.1 A iVeant Pt Noame Z%n, ts an Date *Not `Not re ui osmeAfgel sidwvacates o�rameat Agreements o�oZ °,fin f �n nS01) 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the regye t i}jvgl tiotaal�const ti �n as the reason for the requ t. . r„, ��m0R� ,Ve C:f J1-U S -1 Page 346 of 661 IN PENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjoining property owners of ht-o- way req ested to be vacated and generally described as (address or general location): /6 e 1 i S Imp jLF ye, , waive any further right to receive mailed notice of the public hearing and have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). Welt wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). Siature of adjoin r property o277— Co rd, wner Date o CS;5\60eAve.. (31/ Address Phone (5/2W3 u. 3190 rnaleC-1) 1. Offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 44,9000. 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give specs ttention to spelling as these names e verified and transpo ed as submitted onto the deed.) j F (5here a nal Kenne (i5x‘ 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants -in - common, joint tenancy with full rights of TvivorRiip, or as indiviiduel owners p.) 7c.,•\ \ Iv\ (2,,,ejj tk.) kcjik.\\ r hts .5 ti v I 0 Page 347 of 661 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjoining property ow r o rigl t-of-way reqted to be vacated and generally described as (address or general location:, ,5O e 14 OE . , waive any further right to receive mailed notice of the public hearing and have nobjection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). Signature of adjoinin roperty owner a35 050, cU� Address Date tliba Phone - Email 1. Offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) �y � o`n�\ � �p\iN,a3 6 r1 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants -in - common, joint tenant �with full ri hts of survivorship, or as ndividual ownership.) .1- c\ &\ 0 ''\ C ).Jet\, 0 LO IV \SIS 'k p Page 348 of 661 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjoining property owners Qf ri ht way requested to be vacated and generally described as (address or general location): 1(2 i ( •e , \ /40 e , waive any further right to receive mailed notice of the public hearing and he no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): Well wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). ignature of adjoining property owner Date OI 00 en Address Phone Email 1. Offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special a ntion to spelling as these names will be verified and transposed as submitted onto the deed.) C)156 Ye( \dii, IsAlynati 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants -in - common, joint tenancyw\h full rigl(s of survivorship, or s individual ownership.) dl "I" �PY� IAbit/ - (111 Cl3h S (_ `4fU.NOV2)Kr Page 349 of 661 Description — alley vacate: The platted alley adjoining Lots 1 through 24 of Block 23 of Auditor Rainbows Plat of Maywood Second Filing, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a public utility easement over, under, across and upon the East 25 feet thereof. Description — conveyance to Kenneth F Cox and Raymond Sheppard III: The platted alley adjoining Lots 1 through 8 and Lots 17 through 24 of Block 23 of Auditor Rainbows Plat of Maywood Second Filing, City of Waterloo, Black Hawk County, Iowa. Description — conveyance to Ryan T Wilkinson and Kali R Wilkinson: The North half of the platted alley adjoining Lots 9 through 12 and Lots 13 through 16 of Block 23 of Auditor Rainbows Plat of Maywood Second Filing, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a public utility easement over, under, across and upon the East 25 feet thereof. Description — conveyance to Connie F Johnson: The South half of the platted alley adjoining Lots 9 through 12 and Lots 13 through 16 of Block 23 of Auditor Rainbows Plat of Maywood Second Filing, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a public utility easement over, under, across and upon the East 25 feet thereof. Page 350 of 661 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701 DEVELOPMENT AGREEMENT — Phased Development This Qevelopment Agreement (the "Agreement") is entered into as of , 2023 by and between Mann Road Storage, LLC (the "Company"), a d the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the University Avenue Area Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and undertake rehabilitation of an existing commercial property located in the Urban Renewal Area and to construct additional improvements. C. City considers remedying blight and supporting economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that the development of the Property (defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company is the owner, or is under contract to acquire, commercial structures located on real property at 3810 and 3840 University Avenue, Waterloo, described on Exhibit "A" attached hereto (the "Property") and consisting of tax parcel nos. 8913-20-254-015, 8913-20-354-016 and 8913-20-276-016. Company will undertake the Project (defined below) upon the Property or sell the Page 351 of 661 Property in one or more transactions to one or more third -party developers for construction of buildings for office or commercial use or mixed office -commercial use, and related parking, landscape, and other improvements to the building and grounds. Company will divide the Property into three parcels, referred to herein as the "Main Parcel," the "Corner Parcel," and the "Remnant Parcel," the approximate area and dimensions of which are indicated on Exhibit "A-1" attached hereto. Legal descriptions for the divided parcels will be determined at a later time. 2. Improvements by Company; Schedules. Company agrees that the Phase 1 Improvements, Phase 2 Improvements, and the Outlot Improvements (all as defined below) and related landscaping and parking improvements (collectively, the "Improvements") shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Main Parcel, the Remnant Parcel, the Improvements, and all development -related work to make the Main Parcel and the Remnant Parcel usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". A. Phase 1. Company shall upgrade and renovate the Main Parcel structure to make it suitable for a climate -controlled storage building, and shall further make improvements to building exterior and parking lot, and shall otherwise renovate and improve the Property in accordance with the Plans or Modified Plans (defined below) (all of the foregoing renovations and improve- ments are collectively referred to as the "Phase 1 Improvements"). Company's minimum estimated investment in the Improvements is $6,000,000. Company shall obtain a building permit and commence the Phase 1 Improvements within six (6) months after the date of this Agreement and shall Substantially Complete same within twenty-four (24) months after the date of this Agreement (the "Phase 1 Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which a phase of Improvements have been completed in accordance with the Plans or Modified Plans to the extent necessary for the City to issue a certificate of occupancy relating thereto. B. Phase 2. Company shall construct, or cause to be constructed, upon the Remnant Parcel a mixed used commercial building and related landscaping and parking improvements (collectively, the "Phase 2 Improve- ments"). Company shall obtain a building permit and commence the Phase 2 Improvements within sixty (60) months after the date of this Agreement and shall Substantially Complete said improvements within eighteen (18) months thereafter. 2 4874-0161-1832, v. 1 Page 352 of 661 C. Future Phases. Company is exploring and developing plans to construct, or cause to be constructed, upon the Property one or more additional outlot buildings and related landscaping and parking improvements (collectively, the "Outlot Improvements"). Development criteria and related incentives may be added to this Agreement by a mutually agreeable amendment. Company may obtain a building permit and commence the future phased Improvements within fifteen (15) years after the date of this Agreement and with the expectation that it will Substantially Complete said improvements within eighteen (18) months of each commencement date. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Modified Plans in whole or in part, Company shall submit new or corrected Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Modified Plans shall continue to apply until the Modified Plans have been approved by the City; provided, however, that in any event Company shall submit Modified Plans which are approved by City prior to commencement of construction of the additional or modified Improvements. 3 4874-0161-1832, v. 1 Page 353 of 661 Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. City Activities in Aid of Project. A. Rebates and Grants. City shall provide property tax rebates and grant payments to Company as set forth elsewhere in this Agreement. B. Street Vacate. Subject to the conditions set forth in this paragraph, City will vacate and deed to Company a portion of the frontage road (the "Vacated Frontage") as indicated on Exhibit "A-2" attached hereto within ninety (90) days after the date of this Agreement. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; and (c) general utility and right-of-way easements. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project, which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. For purposes of this Agreement, the parties agree that the Vacated Frontage has a value of $100,000.00. The Vacated Frontage will contribute to the increase in assessed value as determined by the Black Hawk County Assessor. C. InfiII Grant. As provided in the City's infill housing policy, City will pay a grant of $5,000.00 for timely completion of each dwelling unit within the Phase 2 Improvements. Each such grant will be payable to Company with respect to a given unit within ninety (90) days after City has verified that such unit has been Substantially Completed. 5. Utilities, Company will be responsible, at its own cost, for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all 4 4874-0161-1832, v. 1 Page 354 of 661 other charges whatsoever levied upon or assessed or placed against the Main Parcel. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the assessed valuation for the Main Parcel as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $4,561,900.00 (the "Minimum Actual Value"), through: (i) willful destruction of the Main Parcel, Improvements, or any part of either; (ii) a request to the Assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with construction of Phase 2 Improvements, the parties will execute and record a separate amendment to the MAA for the purpose of increasing the Minimum Actual Value by no less than $2,000,000.00. If Company undertakes and completes construction of Outlot Improvements that increase the Minimum Actual Value by an amount to be determined by amendment hereto, and if Company desires to obtain Rebates with respect to such additional improvements, then Company shall execute and deliver an appropriate additional amendment to the MAA. 7. Property Tax Rebates. Provided that Company has, in the opinion of the county assessor, completed the Improvements as set forth herein to an assessed value of at least $3,400,000.00 and has executed the MAA as set forth in Section 6, and subject to annual appropriation by the city council, the City agrees to semi-annually rebate property taxes (with the exceptions noted below) as follows: 50% rebate for each of Years One through Ten, inclusive, for any taxable value over the January 1, 2022 value of $1,973,060.00 (each such payment is a "Rebate"). If Company timely completes the Phase 2 Improvements as provided in this Agreement, then the Rebate payment schedule shall be extended with respect to Phase 1 and Phase 2 for an additional five (5) years. Rebates with respect to any Outlot Improvements, and a schedule for payment of such Rebates, shall be determined by amendment hereto, but shall be for a period of at least five (5) years on the same basis as set forth above. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company or a developer, and successors, have actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate 5 4874-0161-1832, v. 1 Page 355 of 661 request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon an assessed value of the Improvements of no less than $3,400,000.00 and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the initial value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to completion of such Improvements to an extent less than $3,400,000.00 in assessed value, or a partial Fiscal Year. As an example of the above provision, in the event the Phase 1 Improvements on the Property are completed in 2023 and the Property and Improvements are assessed as completed to the extent of at least $3,400,000.00 as of January 1, 2024 based on the Plans or Modified Plans, the property taxes that would be assessed based on the January 1, 2024 assessed value would be for the Fiscal Year ending June 30, 2026, with the taxes payable one-half by September 30, 2025 and one-half by March 31, 2026, then the first Rebate could be applied for after March 31, 2026 and prior to April 1, 2027. 8. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this Paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without 6 4874-0161-1832, v. 1 Page 356 of 661 the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 7 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 7 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 7, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 9. Contingent Grant Payments. The parties contemplate that improvement projects for new construction may occur on the Main Parcel, Corner Parcel and the Remnant Parcel by third -party developers. lf, during the period that any Rebate is payable to Company hereunder, City, with the consent of Company, enters into a development agreement (a "Third -Party DA") providing rebates to the developer (a "Developer") of any of such parcels, then the Developer shall be entitled to such rebates, but if the Third -Party DA does not provide for rebates to the Developer, Company shall be entitled to a semi-annual grant (a "Grant") equal to 50% of qualifying property taxes actually collected by City (excluding non-TIF Collections) for the 5-year period after the first full Fiscal Year for which the assessment of a Developer parcel is based upon the completed value of the improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the initial value of such parcel, or upon (y) the value of such parcel and a partial value of the improvements due to partial completion of such improvements or a partial Fiscal Year. Grant payments are payable in respect to a given year only to the extent that general property taxes that are due and owing for such year have actually been paid. Grant payments shall be subject to the limitations of Section 8, as if such payments were Rebate payments. 7 4874-0161-1832, v. 1 Page 357 of 661 10. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements have been Substantially Completed, when reasonably requested by the City the Company shall make such reports to City, in such detail as to the actual progress of Company with respect to construction of the Improvements. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. The Main Parcel will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Main Parcel and completed Phase 1 Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Main Parcel and Phase 1 Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Phase 1 Improvements that, when combined with the value of the Main Parcel and related site improvements, will equal or exceed the assessor's minimum actual value for the Main Parcel and Phase 1 Improvements as set forth in the MAA. E. The Main Parcel and the Remnant Parcel will have an aggregate assessed value as set forth in the amended MAA, and Company agrees that the minimum actual value of said parcels and completed Improvements as stated in the amended MAA will be a reasonable estimate of the actual value of said parcels and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Phase 2 Improvements and, if applicable, the subsequent Improvements, that, when combined with the value of the Main Parcel and related site improvements, will equal or exceed the assessor's minimum actual value for the Main Parcel, the Remnant Parcel, and the Improvements as set forth in the amended MAA. F. Until termination of the MAA, Company will maintain, preserve and keep the Main Parcel and the Remnant Parcel, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. 8 4874-0161-1832, v. 1 Page 358 of 661 G. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. H. During the period that any Rebate or Grant is payable to Company under this Agreement, Company agrees that it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. I. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 11. Conditions to City Funding, A. The complete or initial funding by City of the Rebates, Grants and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate or Grant disbursement date, this Agreement shall not terminate but payment of a Rebate or Grant may be delayed until the applicable conditions to disbursement of funds are satisfied or waived. The delay in payments shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate or Grant payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate or Grant payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate 9 4874-0161-1832, v. 1 Page 359 of 661 and Grant payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate or Grant payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 14 shall be true and correct as of the Rebate or Grant disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement and the MAA. (iii) There has not been, as of the Rebate or Grant disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. if such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 13. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: 10 4874-0161-1832, v. 1 Page 360 of 661 A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 11 4874-0161-1832, v. 1 Page 361 of 661 16. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or misconduct of any person, other than any act of negligence or misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any misrepresentation, any misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings of any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 17. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property (except to a Developer as such term is used in Paragraph 9), or this Agreement (other than an assignment to a secured party of the interest of Company in Rebates or Grants), without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property; 12 4874-0161-1832, v. 1 Page 362 of 661 D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 18. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise (excluding recovery of any sums paid by City to Company before the date of termination). B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to 13 4874-0161-1832, v. 1 Page 363 of 661 the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 19. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 6407 Partners Avenue, Marion, IA 52302, Attn: Chad Pelley. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 14 4874-0161-1832, v. 1 Page 364 of 661 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 29. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. 15 4874-0161-1832, v. 1 Page 365 of 661 CITY OF WATERLOO, IOWA MANN ROAD STORAGE, LLC By: By: \ �..� v1/ Quentin M. Hart, Mayor Chad Pelley, Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. 16 4874-0161-1832, v. 1 Page 366 of 661 EXHIBIT "A" Legal Description of Property UNPLATTED WLOO WEST PART OF SE NE & NE SE SEC 20 T 89 R 13 DESC AS COM AT A PT 193 FT N OF THE SE COR LOT 30 CENTENNIAL ADDITION TH N 539 FT TH E 579. 08 FT TH S 441.27 FT TH W200 FT TH S 355 FT TH NELY 385.52 FT TH N 145,43 FT TH NWLY 10.7 5 FT TO PT OF BEG; AND CENTENNIAL ADDITION ALL LOTS 2 6, 27, 28 & 29 EXC W26 FT OF EACH & ALL THAT PART LOT 30 EX C W 26 FT IN EVEN WDTH LYING N OF REAL ESTATE CONVEYED TO CITY OF WATERLOO IN QUIT CLAIM DEED B 489 P 163 & CEDARLOO PARK WATERLOO LOT W--115; AND CENTENNIAL ADDITION PART OF LOT 30 COM AT SE COR SAID LOT 30 TH NWLY ALONG SLY LINE LOT 30 41.8 FT TO PT OF BEG TH NWLY ALONG SLY LINE LOT 30 A DIST OF 139.5 FT TH N 150 FT TH SELY ALONG A LINE PAR WITH SLY LINE SAID LOT 30 139.5 FT TH S 150 FT TO PT OF BEG & ALSO E 6 FT W 26 FT LOTS 27, 28, 26 & 29 CENTENNIAL ADDITION & E 16 FT W 26 FT LOT 30 CENTENNIAL ADDITION; AND Portion of frontage road described on Exhibit "A-2" hereto. Page 367 of 661 EXHIBIT "A-1" Depiction of Main Parcel, Corner Parcel and Remnant Parcel See attached. Page 368 of 661 i II PQ-- 0I AV I I II H �I0 I \Q P '. • I I 66' -1GAO F \.�D 11 I 00 �/ I 1 11 -t 1- 0' N N 0 0� 193 ,y0 111 I 289.00, it 22.25-t CORNER PARCEL 1.74 ACRES 578.50' MAIN PARCEL 7.76 ACRES 270.07' REMNANT PARCEL 2.29 ACRES N UNIv ER\AVENUES°53j SURVEY LEGEND - EASEMENT LINE EXHIBIT AND BOUNDARY LINE — EXISTING LOT LINE SECTION LINE FRONTAGE ROAD J-- 6.87' N 0' 4) 0 N O 200.08' C5I c,\ o � Q�1rL Qe Gy 0 Apr 10, 2023 — 9:460m Plotted By : '-ZZ-£0201 :JagwnN 1oafwd N O m :oN >loo8 pla!J Sheet Title: EXHIBIT A-1 HALL & HALL ENGINEERS, INC. 1860 BOYSON ROAD, HIAWATHA, IOWA 52233 PHONE: (319) 362-9548 FAX: (319) 362-7595 CIVIL ENGINEERING • LANDSCAPE ARCHITECTURE LAND SURVEYING • LAND DEVELOPMENT PLANNING'---www.halleng.cool %%1 Designed by: DLK Drown by: DLK Checked by age 3b1ot661 EXHIBIT A-2 LEGAL DESCRIPTION - FRONTAGE ROAD TO VACATE EXHIBIT A-2 ALL OF THE LAND DESCRIBED IN UNNUMBERED PARAGRAPH ONE (1) OF QUIT CLAIM DEED TO CITY OF WATERLOO, AS RECORDED IN BOOK 489 AT PAGE 163 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT THIRTY (30) OF CENTENNIAL ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 30; THENCE NORTH 0°40'25" WEST ON THE EAST LINE OF SAID LOT 30, A DISTANCE OF 192.72 FEET; THENCE NORTH 75°31'28" WEST, 178.45 FEET; THENCE SOUTH 1°00'25" WEST, 43.01 FEET; THENCE SOUTH 75°31'41" EAST, 139.53 FEET; THENCE SOUTH 0°57'03" EAST, 149.39 FEET TO THE SOUTH LINE OF SAID LOT 30; THENCE SOUTH 74°40'27" EAST ON SAID SOUTH LINE, 38.08 FEET TO THE POINT OF BEGINNING. AND A PORTION OF THE LAND DESCRIBED IN UNNUMBERED PARAGRAPH TWO (2) OF QUIT CLAIM DEED TO CITY OF WATERLOO, AS RECORDED IN BOOK 489 AT PAGE 163 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (N.E.1/4 S.E.1/4) SECTION TWENTY (20), TOWNSHIP EIGHTY-NINE (89) NORTH, RANGE THIRTEEN (13) WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT THIRTY (30) OF CENTENNIAL ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA; THENCE NORTH 0°40'25" WEST ON THE EAST LINE OF SAID LOT 30, A DISTANCE OF 192.72 FEET; THENCE SOUTH 75°31'28" EAST, 13.61 FEET; THENCE SOUTH 0°57'03" EAST, 145.30 FEET; THENCE SOUTH 73°59'15" EAST, 385.49 FEET; THENCE SOUTH 0°57'58" EAST, 46.71 FEET; THENCE NORTH 74°42'41" WEST, 305.31 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF UNIVERSITY AVENUE; THENCE NORTH 72°20'50" WEST ON SAID NORTHERLY RIGHT OF WAY LINE, 90.66 FEET; 4860-8535-8172, v. 1 Page 370 of 661 THENCE NORTH 74°40'27" WEST ON SAID NORTHERLY RIGHT OF WAY LINE, 3.88 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 0.77 ACRE. 4860-8535-8172, v. 1 Page 371 of 661 EXHIBIT A-3 LEGAL DESCRIPTION - EXHIBIT A-3 MAIN PARCEL: A PORTION OF LOT W-115, CEDARLOO PARK, PORTIONS OF LOTS 26, 27, 28, 29 AND 30, CENTENNIAL ADDITION, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (S.E.1/4-N.E.1/4) AND A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (N.E.1/4-S.E.1/4) OF SECTION TWENTY (20), TOWNSHIP EIGHTY-NINE (89) NORTH, RANGE THIRTEEN (13) WEST OF THE FIFTH PRINCIPAL MERIDIAN, ALL OF THE ABOVE IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT D OF PINE MEADOWS ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA; THENCE NORTH 89°31'12" EAST ON THE SOUTH LINE OF SAID TRACT D, 578.50 FEET TO THE NORTHWEST CORNER OF LOT 3 OF CARBER HEIGHTS PLAT 1, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA; THENCE SOUTH 1°01'43" EAST ON THE WEST LINE OF SAID CARBER HEIGHTS PLAT 1, A DISTANCE OF 441.02 FEET TO THE NORTHEAST CORNER OF LOT 1 OF CARBER HEIGHTS PLAT 1; THENCE SOUTH 89°33'05" WEST ON THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 200.08 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 0°52'05" WEST, 6.87 FEET; THENCE SOUTH 89°07'55" WEST, 270.07 FEET; THENCE SOUTH 0°52'05" EAST, 22.25 FEET; THENCE SOUTH 89°07'55" WEST, 289.00 FEET TO THE SOUTHERLY PROLONGATION OF THE EAST RIGHT OF WAY LINE OF PROGRESS AVENUE; THENCE NORTH 1°00'25" WEST ON SAID SOUTHERLY PROLONGATION AND ON SAID EAST RIGHT OF WAY LINE, 400.76 FEET; THENCE NORTH 89°43'42" EAST ON SAID EAST RIGHT OF WAY LINE, 6.00 FEET; THENCE NORTH 0°42'41" WEST ON SAID EAST RIGHT OF WAY LINE, 59.95 FEET; THENCE NORTH 89°42'O1" EAST, 174.24 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 7.76 ACRES 4884-3338-1980, v. 1 Page 372 of 661 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Mi imum Assessment Agreement (the "Agreement") is entered into as of f k , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), MAN N ROAD STORAGE, LLC ("Company"), and the COUNTY ASSESSOR of Black Hawk County, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Main Parcel"), described in Exhibit "A-3" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the University Avenue Area Urban Renewal and Redevelopment Plan Area including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Main Parcel, as provided in the Development Agreement (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Main Parcel and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by the Company, the minimum actual assessed value which shall be fixed for assessment purposes for the Main Parcel and Minimum improvements to be constructed thereon by the Company as a part of the Project shall not be less than $4,561,900.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the Phase 1 Completion Deadline stated in the Development Agreement. If the Minimum Improvements are not substantially completed by said date, then the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 373 of 661 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2038. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Main Parcel or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Main Parcel and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Main Parcel or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Main Parcel or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Main Parcel or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Main Parcel or the Minimum Improvements determined by any tax official to be applicable to the Main Parcel or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state 2 4874-0161-1832, v. 1 Page 374 of 661 law, of the taxation of real property, including improvements and fixtures thereon, contained in the Main Parcel or the Minimum Improvements; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 4874-0161-1832, v. 1 Page 375 of 661 CITY OF WATERLOO, IOWA MANN ROAD STORAGE, LLC .--C-- By: By: % .�_ _ '1 Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Chad Pelley, Manager On this day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) } ss. COUNTY OF I.Ail r k. F Notary Public Acknowledged before me on Managing Member of Mann Road Stor ge, LLC. STEFAN PATRICK DOERRFELD Commission Number 847584 My Commission Expires �� Z 4 , 2023, by Chad Pelley, as ry Publ 92/.----'.."- 4874-0161-1832, v. 1 Page 376 of 661 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Four Million Five Hundred Sixty -One Thousand Nine Hundred Dollars ($4,5611,900.00) in the aggregate, until termination of the Minimum Assessment Agreement pursuant to the terms thereof. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2023, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 377 of 661 Page 378 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Sale and conveyance of city -owned property, land exchange, and approval of an Infrastructure Development Agreement with North Crossing, LLC, for the master buildout of North Crossing retail and medical district. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request for an Infrastructure Development Agreement between the City and North Crossing, LLC for the master buildout of North Crossing retail and medical district, with a land exchange, and authorizing the sale and conveyance of City owned property. Said properties are located near the intersection of Heath Street and Logan Avenue (Highway 63), eastward to East 4th Street. The City and North Crossing Development, LLC have been actively partnering together for the development of a new medical and retail district along Logan Avenue, East 4th Street and East Donald Street. The agreement will reimburse North Crossing Development, LLC for infrastructure costs for the construction of Virden Creek drainage improvements, reconstruction of East 4th Street and construction of new roadways in the medical and retail park. This will further include platting the land into 21 lots and the extension of water, sewer, other utilities and design of a regional detention basin. The total costs are approximately $13,500,000, which will be repaid through development in the area and TIF funds from the East Waterloo Unified TIF District. The redevelopment of this area has been a tremendous boost to the community, when at one time this area was a dilapidated mall. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 379 of 661 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES East Waterloo Unified TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Description of Company Property Parcel 8913-12-376-020: North 699.2 feet of the East 769 feet of the West 802 feet of the SE 1/4 of the SW 1/4 of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, except the South 102 feet thereof. Parcel 8913-12-351-027: Tract A, North Crossing Addition. Parcel 8913-12-351-030: Lot 1, North Crossing 2nd Addition. Description of City Property Parcel 8913-12-326-003: Parcel "G" of Plat of Survey Doc. #2008-10309 of part of the NE'/4 SW'/4 of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. Parcel 8913-12-301-009: All that part of the Northwest Quarter of the Southwest Quarter of Section 12, Township 89 North, Range 13 West of the 5th P. M., Black Hawk County, Iowa, lying South of the Ralston Road as established by 420 Deeds 475 except the North 120 feet of the South 136 feet of the West 363 feet thereof and except the East 33 feet thereof and except that part thereof conveyed to the State of Iowa in 547 LD 447 and further except Parcel "D" of Plat of Survey Doc. #2003-05489 and further except that part lying within North Crossing Addition in the City of Waterloo, Black Hawk County, Iowa. AND Lot 1, Menard-Logan Plaza Minor Plat, Black Hawk County, Iowa recorded in Doc. #2008-07262 and being a part of the Southwest Quarter of the Southwest Quarter of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, except that part lying within North Crossing Addition in the City of Waterloo, Black Hawk County, Iowa. Inter -Party Conveyances Planned Conveyances from Company to City That part of future Tract C to be platted in North Crossing 3rd Addition, lying south of the north line of the SE 1/4 of the SW 1/4 of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, containing approximately 4.92 acres. An area described approximately as the east 73 feet of the north 547.65 feet of Lot 1, North Crossing 2nd Addition, except the north 70 feet thereof, containing approximately 0.798 acres. This area is identified as the westerly 73 feet of Lots 6 and 9 on the site map attached to the Agreement as Exhibit „D„ Page 380 of 661 Planned Conveyances from City to Company An area described approximately as the north 895 feet of the west 520 feet of that part of the NW 1/4 of the SW 1/4 Section 12, Township 89 North, Range 13 West of the 5th P. M., Black Hawk County, Iowa, lying South of Ralston Road, containing approximately 9.11 acres. This area is identified as Lots 13-20 on the site map attached to the Agreement as Exhibit "D". That part of future Lot 2 to be platted in North Crossing 3rd Addition, lying north of the north line of the SE 1/4 of the SW 1/4 of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, containing approximately 0.472 acres Virden Creek Project Property Parcel 8913-12-151-027: A part of the SW 1/4 NW 1/4 Section 12, T-89-N, R-13-W of the Fifth Principal Meridian, Black Hawk County being more particularly described as follows: Commencing at the SE cor. SW 1/4 NW 1/4 corner of said Section 12; thence NOO°48'37"W, along the East line of the SW 1/4 NW 1/4 of said Section, 997.69 feet to the point of beginning. Thence S89°44'18"W, 987.60 feet; thence NOO°43'12"W, 100.00 feet; thence S89°45'02"W, 130.00 feet; thence S89°56'55"W, 110.17 feet; to the East right of way line of Logan Avenue/U.S. Highway 63; thence N25°18'44"W, along said right of way, 54.74 feet; thence N89°44'21"E, 1250.30 feet to the said East line SW 1/4 NW 1/4; thence S00°48'37"E, along said East line, 150.01 feet to the point of beginning. Parcel 8913-12-176-005: A part of the SE '/4 NW '/4 and NE '/4 SW '/4 Section 12, Township 89 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, being more particularly described as follows: Beginning at the SW corner, SE '/4 NW '/4 of said Section 12; thence N 00°48'37"W, along the West line SE'/4 NW'/4 of said Section, 1147.69 feet; thence N89°44'21" E, 233.01 feet; thence S00°48'37"E, 1699.87 feet; thence N89°6'50"W, 198.88 feet; thence N00°55'45"W, 550.97 feet to the North line NE'/4 SW'/4 of said Section; thence S89°57'56"W, along said North Line, 33.00 feet to the point of beginning. Parcel 8913-12-326-005: A part of the NE'/4 SW'/4 Section 12, Township 89 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, being more particularly described as follows: Commencing at the S'/4 corner of said Section 12; thence NOO°53'50"W along the East line of SW1/4 of the said Section 12, 1846.97 feet to the point of beginning; thence N65°38'15"W, 294.10 feet; thence N89°56'50"W to the East Right of Way of E. 4th Street, 1032.27 feet, thence NOO°55'45"W, along said East Right of Way, 100.01 feet; thence S89°56'50"E, to the East line of the NE'/4 SW'/4 of said Section, 1298.33 feet; thence SOO°53'50"E, along said East line, 221.10 feet to the point of beginning. Parcel 8913-12-401-002: A permanent easement over and upon the following property owned by Alcorn: A part of the West 15 acres of the S% of the NW'/4 of the SEY4 of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, being more particularly described as follows: Commencing at the S% corner of said Section 12; thence N 00°53'50" W along the West line of the SE'/4 of said Section 12, 1835.74 feet to the point of beginning; thence N 00°53'50" W continuing along said West line, 99.69 feet; thence S 65°38'15" E, 96.54 feet; thence S 89°53'58" E, 910.27 feet to a point on the East line of the West 15 acres of the S% of the NW'/4 of the SE'/4 of said Section; thence S 00°52'33" E along said East line, 60.01 feet; thence N 89°53'58" W, 997.57 feet to the point of beginning. Page 381 of 661 Parcel identified as Tract D on site map. ATTACHMENTS 1. Signed Infrastructure Agreement Page 382 of 661 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 INFRASTRUCTURE DEVELOPMENT AGREEMENT This Infrastructure Development Agreement (the "Agreement") is entered into as of , 2023, by and between North Crossing, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct various infrastructure improvements to facilitate and serve future development in the Urban Renewal Area by Company itself or by third parties. Said development activities (the "Economic Development Projects") are generally described on Exhibit "F" attached hereto. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: Page 383 of 661 1. Identification of Properties; Project Overview. Company is the owner of real property described on Exhibit "A" attached hereto (the "Company Property"). City is the owner of real property described on Exhibit "B" attached hereto (the "City Property"). The parties agree that in connection with infrastructure development and future subdivision and platting of the Company Property and City Property, each party may convey to the other party (the "Grantee") certain areas generally described on Exhibit "C" attached hereto. Conveyance in any instance shall be by special warranty deed, free and clear of all encumbrances arising by or through the conveying party (a "Grantor"), except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the property to be conveyed; and (c) restrictions imposed by city zoning ordinances and other applicable law. The Grantor shall, at its own expense, prepare an updated abstract of title for review by Grantee, or Grantee may obtain at its own expense whatever other form of title evidence it desires. Grantee shall identify any matters that make title unmarketable or otherwise not acceptable to Grantee, and Grantor shall remedy or remove any such matters. In addition to such conveyances, the parties intend to make dedications of land for streets and easements for public infrastructure facilities as contemplated by mutually agreeable plans for development of the project area. The "Project" includes all site preparation and improvements described in this Agreement for purposes facilitating development upon the Company Property and the City Property and all storm water improvements that may be done upon the Drainage Property (described in Section 3). 2. Phased Development. Company will, for itself and on behalf of City, undertake a series of infrastructure improvements as described below. Unless otherwise mutually agreed, Company will, subject to Unavoidable Delays, continuously perform the improvement work in the order set forth below until completion of same as evidenced by City's acceptance of the work. The parties may make adjustments to the phased development plan as mutually agreed from time to time between Company and City's Community Planning and Development Director, who shall act in consultation with the Mayor and City Engineer, as such modifications are deemed necessary or advisable in coordination with the Economic Development Projects or otherwise. A. Phase 1. Reconstruct that part of E. 4th Street lying between Donald Street and a new street designated as Heath Street. B. Phase 2. Construct a new street, designated as Phillip Caldwell Drive on the site map attached as Exhibit "D", from Heath Street south to connection with a new street designated as Buckhart Street on Exhibit "D", construct Buckhart Street and construct Heath Street from Logan Avenue to Phillip Caldwell Drive. C. Phase 3. Remove Logan Street frontage road in its entirety and close access from Logan Street that lies between McDonald's and car wash sites. D. Phase 4. Construct remainder of Heath Street to connection with E. 4th Street. 2 Page 384 of 661 E. Phase 5. Construct Phillip Caldwell Drive from Heath Street to Ralston Road and reconstruct Ralston Road from Logan Avenue to Phillip Caldwell Drive. F. Phase 6. Construct remainder of Phillip Caldwell Drive from Buckhart Street to E. 4th Street. G. Phase 7 (optional), Reconstruct Ralston Road from Phillip Caldwell Drive to E. 4th Street. In addition to and concurrently with the phases described above, Company shall undertake all earthwork, new construction and other improvements required by City for the Virden Creek drainage project, over and upon lands described on Exhibit "E" attached hereto (the "Drainage Property"). The parties intend the Virden Creek project to provide additional dirt that Company may use to support development activity in the Project area. The Company Property, the City Property and the Drainage Property are collectively referred to as the "Project Property." 3. Improvements by Company. Company shall construct the improvements described in Section 2 above on the Project Property, including related water lines, fire hydrants, sanitary sewers, storm sewers, utilities, grading, fill, and earth work (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. For each phase, City may require that Company submit specific designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The parties agree that the aggregate cost to be incurred by Company in connection with the Project shall not exceed $12,242,700 (the "Maximum Project Cost"), which the parties have determined with reference to engineering estimates and other pertinent information. The City Engineer may authorize changes to the Maximum Project Cost that do not exceed $100,000 with respect to any given change order that does not require a modification of the Plans (defined below) and further provided that such change orders do not increase the Maximum Project Cost by more than $500,000 in the aggregate. In connection with completion of each phase of Improvements, or if the Plans are modified as set forth in Section 4, the parties agree to amend this Agreement to adjust the Maximum Project Cost and, if appropriate, the schedule of Grant payments set forth in Section 6, to account for all approved change orders or Plan modifications. 4. Construction Plans. Company agrees that it will cause each phase of the Improvements to be constructed on the Project Property in conformance with construction plans (the Plans) that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be 3 Page 385 of 661 significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Modified Plans in whole or in part, Company shall submit new or corrected Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Modified Plans shall continue to apply until the Modified Plans have been approved by the City; provided, however, that in any event Company shall submit Modified Plans which are approved by City prior to commencement of construction of the additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 5. Timeliness. Promptly following the parties' execution of this Agreement, bids shall be obtained and thereafter Company shall enter into contracts (the "Project Contracts") for the Project work with the lowest responsible bidders, and Company or its contractors shall commence construction of Improvements within six (6) months after the date of this Agreement. Company and its contractors shall proceed with the Project work through its various phases until completion, without suspension, cessation or delay 4 Page 386 of 661 for any reason other than Unavoidable Delay. An "Unavoidable Delay" is any stoppage or delay of work resulting from an act of God, war, civil disturbance, public health crisis, government -mandated shutdown, court order, labor dispute, fire, or other cause beyond the reasonable control of Company. Company shall promptly report to City in writing the occurrence of any Unavoidable Delay event, including a good -faith estimate of the anticipated period of Unavoidable Delay. Work shall resume as promptly as practicable after end of the Unavoidable Delay period. Inter -party conveyances of property as contemplated by Section 1 shall be made within sixty (60) days after recording of a subdivision plat that encompasses such real estate, or otherwise within sixty (60) days after written request from one party to the other. 6. Grant Payments. Subject to the terms and limitations of this Section, City shall make to Company series of annual payments (each such payment is a "Grant") as follows: (a) two payments of $1,000,000.00 each on or before July 1, 2023 and July 1, 2024, and (b) payments of $1,605,000.00 each on or before July 1 of each year starting July 1, 2025 for a number of years equal to the amortized Actual Project Cost (defined below) plus interest, divided by $1,605,000.00 and rounded down to the nearest whole number. After payment of Grants for such number of years, City shall make to Company a final payment equal to the amortized Actual Project Cost plus interest, minus the cumulative total of previous Grant payments. The "Actual Project Cost" means the total documented costs actually incurred by Company under the Project Contracts, up to and including but not exceeding the Maximum Project Cost. The parties agree that said payments include interest at the rate stated in Company's Project financing note with its lender, not to exceed 7.25%. The parties shall amend this Agreement as required to provide for Grant payments over an amortization period of approximately 10 years. . Notwithstanding any contrary provision of this Section 6, a Grant payment shall be subject to downward adjustment to ensure that the total of payments to Company under this Section 6 does not, as of the date of payment, exceed the Actual Project Cost as of such date. If, following any such adjustment, the Actual Project Cost as of the date of the next subsequent payment date exceeds the total of all Grant payments made prior to and including the Grant payment to be made on or about such date, the Grant payment for the then -current year may be increased to include any portion of a Grant payment previously deferred, but not to exceed the Actual Project Cost as of such date. 7. Limitations on Payment of Grants. A. Each payment of a Grant is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Grants shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to 5 Page 387 of 661 the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 6 hereof, City shall have no obligation to make a payment of a Grant to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Project Property and future taxable improvements upon the Project Property or from other properties in the Urban Renewal Area to fund a Grant payment to Company, as contemplated under Section 6 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Project Property and future taxable improvements upon the Project Property or from other properties in the Urban Renewal Area is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circumstances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Grant payments would otherwise have been paid to Company under the terms of Section 6, then either party may terminate this Agreement, without penalty or other liability, by written notice to the other party, and the parties shall then negotiate a different arrangement to provide for City's payment of development costs to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on (i) the Project Property and future taxable improvements thereon and (ii) other properties in the Urban Renewal Area that are received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: 6 Page 388 of 661 A. Company agrees during construction of the Improvements to maintain builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are substantially completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Company will remain in regular contact with third -party developers of the Economic Development Projects to advise about the course, status and plans for construction of the Improvements and will, to the extent feasible, coordinate Project activities to optimize opportunities for such developer or their successors to carry on, complete and operate the Economic Development Projects. 9. Conditions to City Funding. A. The complete or initial funding of the Grants by City shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Grant disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Grant payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Grant payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Grant 7 Page 389 of 661 payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation or amendment of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Grant payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 11 shall be true and correct as of the Grant disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Grant disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents 8 Page 390 of 661 to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. F. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Property in connection with the Project work or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any 9 Page 391 of 661 agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Project Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Project Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Project Property and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 120-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 14. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Project Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. Notwithstanding the foregoing, Company may assign, for security or otherwise, its right to receive grant payments to a lender providing financing for the Project. 15. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the Project Property, or this Agreement, without the prior written consent of City, except that Company may convey to a third- 10 Page 392 of 661 party developer any of the Tots indicated as a numbered lot on the site map attached here to as Exhibit "D", except any portion thereof that is or may be the subject of a required conveyance to City under this Agreement; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Project Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be. observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Project Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 16. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Project Property or portion thereof as set forth in this Agreement. 11 Page 393 of 661 B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 17. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 18. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 19. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 20. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: 12 Page 394 of 661 (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 808 Dearborn Avenue, Waterloo, IA, 50703, Attention: Benjamin Stroh, with copy to Eric Johnson, Beecher Law Firm, 620 Lafayette Street, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 21. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 22. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 23. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. if, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 24. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 13 Page 395 of 661 25. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 29. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Infrastructure Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA NORTH By: By. Quentin M. Hart, Mayor Attest: Kelley Feichle, City Clerk 14 enjamin :. Stroh, Manager Page 396 of 661 EXHIBIT "A" Description of Company Property Parcel 8913-12-376-020: North 699.2 feet of the East 769 feet of the West 802 feet of the SE 1/4 of the SW 1/4 of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, except the South 102 feet thereof. Parcel 8913-12-351-027: Tract A, North Crossing Addition. Parcel 8913-12-351-030: Lot 1, North Crossing 2nd Addition. Page 397 of 661 EXHIBIT "B" Description of City Property Parcel 8913-12-326-003: Parcel "G" of Plat of Survey Doc. #2008-10309 of part of the NE% SW% of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. Parcel 8913-12-301-009: All that part of the Northwest Quarter of the Southwest Quarter of Section 12, Township 89 North, Range 13 West of the 5th P. M., Black Hawk County, Iowa, lying South of the Ralston Road as established by 420 Deeds 475 except the North 120 feet of the South 136 feet of the West 363 feet thereof and except the East 33 feet thereof and except that part thereof conveyed to the State of Iowa in 547 LD 447 and further except Parcel "D" of Plat of Survey Doc. #2003-05489 and further except that part Tying within North Crossing Addition in the City of Waterloo, Black Hawk County, Iowa. AND Lot 1, Menard-Logan Plaza Minor Plat, Black Hawk County, Iowa recorded in Doc. #2008-07262 and being a part of the Southwest Quarter of the Southwest Quarter of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, except that part lying within North Crossing Addition in the City of Waterloo, Black Hawk County, Iowa. Page 398 of 661 EXHIBIT "C` inter -Party Conveyances Planned Conveyances from Company to City: 1. That part of future Tract C to be platted in North Crossing 3rd Addition, lying south of the north line of the SE 1/4 of the SW 114 of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, containing approximately 4.92 acres. 2. An area described approximately as the east 73 feet of the north 547.65 feet of Lot 1, North Crossing 2nd Addition, except the north 70 feet thereof, containing approximately 0.798 acres. This area is identified as the westerly 73 feet of Lots 6 and 9 on the site map attached to the Agreement as Exhibit "D". Planned Conveyances from City to Company: 1. An area described approximately as the north 895 feet of the west 520 feet of that part of the NW 114 of the SW 1/4 Section 12, Township 89 North, Range 13 West of the 5th P. M., Black Hawk County, Iowa, lying South of Ralston Road, containing approximately 9.11 acres. This area is identified as Lots 13-20 on the site map attached to the Agreement as Exhibit "D". 2. That part of future Lot 2 to be platted in North Crossing 3(d Addition, lying north of the north line of the SE 1/4 of the SW 1/4 of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, containing approximately 0.472 acres Page 399 of 661 EXHIBIT "D" Site Map See attachment. Page 400 of 661 BUCKHART of { RALSTON ROAD LOT 17 1.521 ACREI3) 00273 SF LOT 15 0.7e% AC (3) 32510 SF LOT 14 0,019 AGRE.(3) MR SF LOT 13 OAI (3) SUS+SF LOT 12 2.e30 0,CRE3) 130123 OF TRACT E s (st 25,3403 SF LOTS 2.IIO42�e Ie(s) 1%45F LOT 7 2.109 ACRE(SI 04109 SF LOT 4 1.1-0OACRE(S) 171113 OF ^3 LOT 2 3.302 ACRES) 100e00 SF WA'SERLDO PACE' LOT 1 1o.t9{sV 490101)3R HATCHING LEGEND LOTS TO BE OWNED 8Y WATERLOO AT TIME OF PLATTING LOTS TO BE OWNED BY NORTH CROSSING, LLC AT TIME OF PLATTING LOTS TO BE DEDICATED 70 ALLEN MEMORIAL HOSPITAL CORP TRACTS FOR REGIONAL DETENTION TRACT C 5 055 ACRE1S) 259821)5F F 1y,:t S84G _ia 0G °yO0.0ay9a LAKESIDE STREET RACY A/ 1.103 AGR 3 . 50032 NO' 0' 107 36RCS. 'A' NE.SW 12-09-12 29 g0 LLLI e� pP TRACT B 5.021 ACRE{a) 253501 SF W cc 21 N 0.0 207 31 3e 23 ai 00 05 0e 0; 02 s'` . 00 gS SS 51 S0 SS V. I 53 SS r 5', 50 0.9 a5 28 Page 401 of 661 1 EXHIBIT "E" Virden Creek Project Property Parcel 8913-12-151-027: A part of the SW 1/4 NW 1/4 Section 12, T-89-N, R-13-W of the Fifth Principal Meridian, Black Hawk County being more particularly described as follows: Commencing at the SE cor. SW 1/4 NW 114 corner of said Section 12; thence N00°48137"W, along the East line of the SW 1/4 NW 1/4 of said Section, 997.69 feet to the point of beginning. Thence 889°44'18"W, 987.60 feet; thence N00°43'12"W, 100.00 feet; thence S89°45'02"W 130.00 feet; thence S89°56'55"W, 110.17 feet; to the East right of way line of Logan Avenue/U.S. Highway 63; thence N25°18'44"W, along said right of way, 54.74 feet; thence N89°44'21"E, 1250.30 feet to the said East line SW 1/4 NW 114; thence S00°48`37"E, along said East line, 150.01 feet to the point of beginning. Parcel 8913-12-176-005: A part of the SE '/4 NW 1/4 and NE '/ SW'/4 Section 12, Township 89 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, being more particularly described as follows: Beginning at the SW corner, SE %4 NW'/ of said Section 12; thence N 00°48'37"W, along the West line SE' NW 1/4 of said Section, 1147.69 feet; thence N89°44121" E, 233.01 feet; thence S00°48`37"E, 1699.87 feet; thence N89°6'50"W, 198.88 feet; thence N00°55'45"W 550.97 feet to the North line NE'/ SW % of said Section; thence S89°57'56"W, along said North Line, 33,00 feet to the point of beginning. Parcel 8913-12-326-005: A part of the NE' SW% Section 12, Township 89 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, being more particularly described as follows: Commencing at the S% corner of said Section 12; thence N00°53'50"W along the East line of SW'/ of the said Section 12, 1846.97 feet to the point of beginning; thence N65°38'15"W 294.10 feet; thence N89°56'50"W to the East Right of Way of E. 4'h Street, 1032.27 feet, thence NOO°55'45"W, along said East Right of Way, 100.01 feet; thence S89°56'50"E, to the East line of the NE' SW% of said Section, 1298.33 feet; thence S00°53`50"E, along said East line, 221.10 feet to the point of beginning. Parcel 8913-12-401-002: A permanent easement over and upon the following property owned by Alcorn: A part of the West 15 acres of the S' of the NW' of the SE% of Section 12, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, being more particularly described as follows: Commencing at the S% corner of said Section 12; thence N 00°53'50" W along the West line of the SE' of said Section 12, 1835.74 feet to the point of beginning; thence N 00°53'50" W continuing along said West line, 99.69 feet; thence S 65°38'15" E, 96.54 feet; thence S 89°53'58" E, 910.27 feet to a point on the East line of the West 15 acres of the S% of the NW'/ of the SE' of said Section; thence S 00°52'33" E along said East line, 60.01 feet; thence N 89°53'58" W, 997.57 feet to the point of beginning. Parcel identified as Tract D on site map. Page 402 of 661 EXHIBIT "F" Economic Development Projects The public infrastructure improvements are proposed for construction in support of several planned development project and for additional future projects not yet identified. As of the date of the Agreement, development projects planned and proposed for the project area include the following elements: A. More than $37 million in expected investment costs B. Over 98,000 square feet of new residential and commercial business space C. At least 100 new jobs are estimated to be created by the projects after commencement of operations, in an area that is economically depressed and in need of new investment and opportunities D. Proposed subdivisions will create 20 new buildable lots to be served by new infrastructure or improvements to existing infrastructure. Development projects anticipated for the project area, as of the date of the Agreement, include the following, all of which would materially benefit from the public improvements to be constructed pursuant to the Agreement: 1. Childcare facility of approximately 15,000 square feet on 2.76 acres, with estimated investment cost of $2.4 million, to be completed by December 2023. 2. Senior activity center of approximately 9,000 square feet on 3.36 acre, with estimated investment cost of $1.7 million, to be completed by December 2024. 3. 180-unit residential complex of over 74,000 square feet on 10.78 acres, with estimated investment cost of $33 million, to be completed by December 2024. 4. Page 403 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE FY 2023 E. San Marnan Drive Reconstruction Project, Contract No. 1084. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 404 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Director Human Resources Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving a Renewal Agreement with Delta Dental for fees associated with administration, in the amount of $36,574.00, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Delta Dental Renewal FY24 2. 5-3-2023 Health and Dental Renewal Letter Page 405 of 661 Page 406 of 661 VMOI 3O 1t11N3a V113a ssa.iPPV II13IAI-3 :manta saoXoldurg :alq� iil saaloldwd into' Percent of Premium Contributed by Employer: 1 acknowledge acceptance of this renewal at the rates shown above. asuadxd Ienuuy pa;oafoJd saad paxld Ielolgns -EA -EA EA. C7 0 C71 N O 0 seed paxid 13eiu00 Jed D▪ I EA EA (�Ts V1 DA C., W (S) Q1 V - CO Di 0 A O A IV IN o (11 N ✓ V N CV polaad aouauadx3 Claims Paid 1/1/22 through 12/31/22 N C (0 en c CD• UN H, (n Sl rn a co cn 01 SD ID Ty)CD m s CO S11 ^' 3 w E = J. 2:I S FA CD Ln O N N c .s r{ (0 N 5 01 W O N ;aea;uo0 Jed;so0 saad paxid N wsOdd le}uaO ells° ieffrrrivivuTi Page 407 of 661 CITY OF IOWA Mity Community of Oppor May 3, 2023 Mayor and City Council 715 Mulberry St, Waterloo, IA 50703 r Phone: (319) 291-4303 Fax: (319) 291-4569 ,�.� µ`' CITYOFWATFRLOOIOWA,COM G Human Resources Department am requesting that the City Council authorize the Mayor and the City Clerk to sign and execute the renewal agreement with Wellmark for Administration, Network Access Fees (NAF), Stop Loss Fees, and Delta Dental Fixed fees. The one-year agreement for covered employee and retiree plans will be effective July 1, 2023. It is anticipated that the cost for the Wellmark administration, network access and stop loss premium will be $2,234,769 at the end of this fiscal year. The Delta Dental fixed costs are projected to be $36,574 at the end of this fiscal year and it is anticipated there will be a slight increase next fiscal year. The final costs for this fiscal year and next fiscal year will vary depending on the number of actual employees and dependents covered and the number of claims filed by the health and dental insurance plans Lance Dunn Human Resources Director Cc: fileMay 3, 2023 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Director Human Resources Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving a Renewal Agreement with Wellmark Blue Cross Blue Shield for fees associated with administration, network access, and stop loss, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Wellmark Blue Cross Blue Shield Renewal FY24 Page 409 of 661 2. 5-3-2023 Health and Dental Renewal Letter Page 410 of 661 Wellmark B'I.. _ r.,., ,r: Jri:a qr ]rrr-33,3. Self Funded FINAL Renewal Rates Group Name: Account Key: City of Waterloo 00014392 Renewal Period: 07/01/2023 to 06/30/2024 Current Benefit Offerings OBS #188067-68 / 188067-69 Alliance Select Deductible: $5001$1,000;$1,000/$2,000 Coinsurance: 20% / 40% OPM: $1,000/$2,000;$2,000/$4,000 Office Visit Copay: See OBS BlueRx Complete Deductible: $0 / $0 Copay: $15/$30/$50 Individual Stop Loss Aggregate Stop Loss Administrative Fees - Health Administrative Fees - PBM Consultant Fee Total Administrative Fees Network Access Fee Current Enrollment 125 Single 443 Family 568 Total Level Fee/Contract $100,000 $270.76 120% wlweekly settlement Sinale Family Expected Claims $769.04 $1,922.60 Admin, NAF & Stop Loss Fees $151.10 $377.75 Estimated Suggested Rates* $920.14 $2,300.35 Attachment Points Admin, NAF & Stop Loss Fees Estimated Max Liability to Fund* $922.85 $151.10 $1,073.95 $2,307.13 $377.75 $2, 684.88 $2.49 $43.85 $1.10 $0.00 $318.20 $9.67 Stop Loss Terms Contract: 60/12 Monthly Aggregate Option: No Payment Terms: Actual Weekly *Actual results may vary. Also, rates provided include administrative costs based on the entire group population. Individual Stop Loss includes coverage for Health and Drug and is based on a lifetime maximum of unlimited. Aggregate Stop Loss includes coverage for Health and Drug. The maximum Aggregate reimbursement is unlimited. Estimated Annual Premium Based on Current Enrollment $1,845,500 $16,972 $298, 882 $7,498 $0 $2,168,851 $65, 911 Annual Proiection $11,374,102 $2.234,769 $13,608,871 $13, 648, 978 $2.234,769 $15,883,747 Employer Signature: Date: Comments: v50891 Independent Licensee of the Blue Cross and Blue Shield Association Proposal Date: 4/5/2023 Page 411 of 661 Wellmark_ Self Funded FINAL Renewal Rates Group Name: City of Waterloo Account Key: 00014392 Renewal Period: 07/01/2023 to 06/30/2024 Consultant fee, if applicable, is an amount determined by the consultant and employer, and included here for the convenience of the employer to understand the total cost of services from Wellmark and the consultant. The consultant fee will be invoiced by Wellmark pursuant to agreement between Wellmark, Employer and Consultant. Wellmark is not providing any legal or professional advice with regard to compliance of any federal or state law, regulations, or guidance. Law, regulations and guidance on specific provisions has been and will continue to be provided by the appropriate federal and state agencies and regulators. The information provided reflects Wellmark's understanding of the most current information and is subject to change without further notice. Please note that plan benefits, rates, renewal rate adjustments, and rating impact calculations are subject to change and may be revised during a plan's rating period based on guidance and regulations issued by the appropriate federal and state agencies and regulators. Wellmark makes no representation as to the impact of plan changes on a plan's grandfathered status or interpretation or implementation of any other provisions of law or regulation. Wellmark will not determine whether coverage is discriminatory or otherwise in violation of internal Revenue Code Section 105(h). Wellmark also will not provide any testing for compliance with Internal Revenue Code Section 105(h). Wellmark will not be held liable for any penalties or other losses resulting from any employer offering coverage in violation of section 105(h). Wellmark will not determine whether any change in an Employer Administered Funding Arrangement affects a health plan's grandfathered health plan status under ACA or otherwise complies with ACA. Wellmark will not be held liable for any penalties or other losses resulting from any Employer Administered Funding Arrangement. For purposes of this paragraph, an "Employer Administered Funding Arrangement' is an arrangement administered by an employer in which the employer contributes toward the member's share of benefit costs (such as the member's deductible, coinsurance, or copayments) in the absence of which the member would be financially responsible. An Employer Administrative Funding Arrangement does not include the employer's contribution to health insurance premiums or rates. The subrogation and third -party liability recovery vendor(s) retain a service fee calculated as a percentage of the recovered amount after deductions for attorneys' fees and costs. For subrogation or third -party liability cases initiated during the Rating Period, the subrogation/third- party liability recovery vendor's service fee is 19.5% of the recovered amount. This fee is subject to change. The final recovered amount received from the vendor is credited to Account. Wellmark's agreement with the subrogation and third -party liability recovery vendor may from time to time allow for the application of no vendor service fees to amounts recovered during that period of time. Any subrogation or third -parry liability recovery amount obtained by the vendor on behalf of the Account during that time period will be provided to Account without application of the vendor service fee. v50891 Independent Licensee of the Blue Cross and Blue Shield Association Proposal Date: 4/5/2023 Page 412 of 661 Wellmark Wellmark Blue Cross and Blue Shield is an Independent Licensee of the Blue Cross and Blue Shield Association. Drug Rebates (if Applicable) Wellmark Blue Cross and Blue Shield receives rebate payments from its pharmacy benefits manager for certain prescription drug claims of your plan members. The entire rebate amount received by Wellmark that is attributable to your health or prescription drug benefit plan will be paid to your group. Payments of drug rebates will be set forth in more detail in your administrative services agreement. Explanation of Contribution Requirement Wellmark Blue Cross and Blue Shield requires each employer to contribute 100% of the single rate or 50% of the total premium toward their employees' health care costs. Explanation of Enrollment Fluctuation Guidelines Wellmark Blue Cross and Blue Shield reserves the right to re-evaluate rates if enrollment fluctuates more than 10% from the enrollment assumptions. For information on change of monthly administrative fees or other fees and stop loss premiums notification, please see your administrative services agreement or stop loss policy. Explanation of Updated Information Guidelines All quotations are subject to change based on updated claims experience, health conditions, or rate information received prior to the effective date. Explanation of Medical Claims Projection Wellmark Blue Cross and Blue Shield uses an experience rated methodology in determining the rates for your group. The rates are based primarily on prior claims experience of your group, or, if your group's relevant experience is not available, prior experience of groups of similar demographics. This experience will assist in indicating the providers your group's covered members are likely to use and the amount of claims expected to be incurred. This information is adjusted to reflect changes expected to occur for your group's contract period. The rates for your group reflect the provider contracts in place or anticipated to be in place for the new contract period. Your group's finanical agreement allows for payment of your group's claims on a monthly basis up to maximums set forth in your financial agreement. The actual amount your group will be charged for claims and the amount of savings your group will receive will be calculated on a claim -by -claim basis during the contract period. Your charges and savings will be based on the payment arrangements Wellmark has in effect with the provider at the time a covered member receives services. Payment arrangements may change, therefore, claims payment and savings amount are subject to change during the contract period. For further information on how provider savings are calculated, please see your administrative services agreement or stop loss policy. Explanation of Participation Requirements Wellmark Blue Cross and Blue Shield recommends at least 75% participation of the eligible employees without other creditable coverage enroll in a Wellmark Blue Cross and Blue Shield health and/or dental plan. Upon renewal, Wellmark Blue Cross and Blue Shield will require at least 75% participation of the eligible employees without other creditable coverage to be enrolled in a Wellmark Blue Cross and Blue Shield health and/or dental plan. Important MHPAEA and ACA Disclaimer Wellmark is not providing any legal or professional advice with regard to compliance of any federal or state law, regulations, or guidance. Law, regulations and guidance on specific provisions has been and will continue to be provided by the appropriate federal and state agencies and regulators. The information provided reflects Wellmark's understanding of the most current information and is subject to change without further notice. Please note that plan benefits, rates, renewal rate adjustments, and rating impact calculations are subject to change and may be revised during a plan's rating period based on guidance and regulations issued by the appropriate federal and state agencies and regulators. Wellmark makes no representation as to the impact of plan changes on a plan's grandfathered status or interpretation or implementation of any other provisions of law or regulation. Page 413 of 661 Wellmaric Wellmark Blue Cross and Blue Shield is an independent Licensee of the Blue Cross and Blue Shield Association. Important MHPAEA and ACA Disclaimer (cont.) Wellmark will not determine whether coverage is discriminatory or otherwise in violation of internal Revenue Code Section 105(h). Wellmark also will not provide any testing for compliance with internal Revenue Code Section 105(h). Wellmark will not be held liable for any penalties or other losses resulting from any employer offering coverage in violation of section 105(h). Wellmark will not determine whether any change in an Employer Administered Funding Arrangement affects a health plan's grandfathored health plan status under ACA or otherwise complies with ACA. Wellmark will not be held liable for any penalties or other losses resulting from any Employer Administered Funding Arrangement. For purposes of this paragraph, an "Employer Administered Funding Arrangement" is an arrangement administered by an employer in which the employer contributes toward the member's share of benefit costs (such as the member's deductible, coinsurance, or copayments) in the absence of which the member would be financially responsible. An Employer Administrative Funding Arrangement does not include the employer's contribution to health insurance premiums or rates. Page 414 of 661 Master Services Agreement This Master Services Agreement is made by and between Wellmark, Inc., an Iowa Corporation, ("Wellmark") and City of Waterloo ("Client"), located at 715 Mulberry St. Waterloo IA 50703 and it contains the general terms and conditions governing the administrative services Wellmark will perform for the benefit of the Client. Effective Date: The "Effective Date July 1, 2023 Each Addendum attached hereto and incorporated herein by reference contains terms and conditions specific to each service offering elected by Client (referred to collectively or individually as the context so requires as the "Services"). Client has the following services: ® Flexible Spending Account ❑ Health Reimbursement Account ❑ Health Savings Account ® Non- Discrimination Testing ❑ HIPAA Business Associate Agreement This Master Services Agreement and any attached Addenda shall be referred to collectively herein as the "Agreement." Article 1. Term and General Matters Section 1.01. Term The term of this Agreement shall commence on the Effective Date and continue for a period of one (1) year ("Initial Term"). This Agreement shall automatically renew for additional one (1) year periods ("Renewal Term"), unless either party opts not to renew this Agreement by providing written notice to the other at least ninety (90) days prior to end of the Initial Term or a Renewal Term. This Agreement may be terminated during the Initial Term or Renewal Term based on the provisions of Section 5.08. Section 1.02. General Matters Client acknowledges and agrees that: (i) Wellmark intends to contract with a third party service provider ("Service Provider") for the performance of some or all of the Services hereunder; (ii) any or all obligations of Wellmark hereunder may be subcontracted and delegated to Service Provider, in Wellmark's discretion; (iii) the Services provided by Service Provider on behalf of Wellmark maybe provided directly to Client, in Wellmark's discretion; (iv) Client may be required to interact directly with Service Provider with respect to one or more obligations of Client hereunder; (v), client may be required to interact directly with Service Provider with respect to one or more obligations of Client hereunder, as directed by Wellmark. Client acknowledges and agrees that it may be required to enter into one or more agreements with Service Provider for services that are ancillary to the Services hereunder, including, without limitation, a Funding Agreement (each a "Service Provider Agreement"). The performance by Wellmark and/or Service Provider of the Services under this Agreement is conditioned on Client's execution, delivery and proper performance under such agreements. Without limiting the generality of the foregoing, Client must comply with all terms of any 1 Page 415 of 661 Funding Agreement between Client and Wellmark or Service Provider as a condition of Wellmark's and/or Service Provider's performance under this Agreement. Article 11. Administration Fees and Benefit Funding Section 2.01. Fees Client will receive paper or electronic (e-mail or web -accessible) invoices for fees ("Fees") as further described in each Addendum. Payments for administration fees are due on the due date set forth on the invoice (which is twenty- one days after the billing date) unless otherwise stated in the applicable Addendum. Client shall pay by Client -initiated ACH (Credit), e-billing, corporate check or wire to an account designated by Wellmark or by a Wellmark initiated ACH Debit, as further directed in the applicable Addendum. Client shall also be responsible for any sales taxes that are incurred by Wellmark as a result of performing the Services described herein and such actual amounts shall be included in the monthly invoice provided to Client. Further, Client shall also be responsible for paying any reasonable costs and expenses, including legal fees, incurred by Wellmark as a consequence of any failure of Client to pay the Fees in a timely manner. All services not outlined in the Addenda, that are required as a result of legislative changes or otherwise, will be subject to additional fees. Section 2.02. Late Payments Fees not paid when due shall be subject to an interest charge on the outstanding amount from the due date until payment is made in full at an annual rate of interest equal to the then -current Prime Rate as published in the Midwest edition of The Wall Street Journal plus two percent (2%). Client must submit written notice to Wellmark and supporting documentation as to any Fees it disputes within thirty (30) days from the date of the invoices. Wellmark shall provide a written response within thirty (30) days of the notice of dispute. Upon resolution Client shall pay any and all outstanding amounts within five (5) business days of such resolution plus the foregoing interest. Notwithstanding anything in this Agreement (or any Addenda) to the contrary, if Client fails to pay Wellmark and/or Service Provider within the required time period any amount that is due hereunder or under any Service Provider Agreement (including, without limitation, Fees and benefit claims funding amounts) Wellmark may suspend services to the Client. Section 2.03. Pre -Note Client hereby authorizes a "pre -note" for the sole purpose of testing the accuracy of electronic transactions for any benefit funding (to the extent applicable) and Fee payment arrangement under which Wellmark or Service Provider is to issue an ACH debit. This pre -note will not result in a charge to Client and shall be issued at least thirty (30) days prior to the effective date of the first benefit month under this Agreement to ensure all systems are properly functioning. Section 2.04. Benefit Claims Funding Client acknowledges and agrees that all benefit funding amounts provided to Wellmark and/or Service Provider pursuant to the terms of this Agreement shall be provided from Client's general assets. In no event will Client provide funds to Wellmark or Service Provider that consist of plan assets or participant/employee contributions, whether made by salary reduction or otherwise, as those terms have their general meanings under ERISA. All benefit funding amounts provided by Client to Wellmark or Service Provider shall not be segregated or set aside in a trust or escrow account by Wellmark or Service Provider. Upon termination of this Agreement, Wellmark or Service Provider, as applicable, shall provide an accounting and reconciliation to Client and shall pay to Client any amount due based on the terms and conditions of each applicable Addendum to this Agreement. 2 Page 416 of 661 Article III. 5crvices. Exclusions & Maintenance Section 3.01. Services The Services provided to Client are outlined in each Addendum. If any material changes in the products that underlie the Services are needed, Wellmark will provide Client with prior written notice of such material changes; provided that immediate modifications may be necessitated by changes in the law or to curtail substantial abuse by participants and in all such cases Wellmark shall notify Client as soon as administratively practicable of such changes. Section 3.02. Exclusion from Services Although Wellmark and/or Service Provider serve as the Client's agent for services rendered pursuant to this Agreement, the Client remains solely and completely responsible for all activities of the employee benefit plans (the "Plans") sponsored by Client, including compliance with the Employee Retirement Income Security Act of 1974, as amended, ("ERISA"), the Health Insurance Portability and Accountability Act of 1996, as amended, ("HIPAA"), the Internal Revenue Code of 1986, as amended, (the `Code"), state and local escheat and unclaimed property laws, and other applicable laws and regulations. Client agrees to indemnify and hold Wellmark and Service Provider harmless (including reasonable attorney fees) and expressly releases all claims against Wellmark and Service Provider in connection with any claim or cause of action, which results from the failure or alleged failure of Client (and it officers and employees) to comply with ERISA, HIPAA, the Code and any other applicable law, except to the extent that such claims or causes of action result from the willful actions or willful failure to act by Wellmark (if the claim is against Wellmark) or Service Provider (if the claim is against Service Provider). Notwithstanding the foregoing, neither Wellmark nor Service Provider shall be responsible for the following: (a) verifying the completeness or accuracy of any information provided by Client, or rekeying or reprocessing incorrect data; (b) developing Client's policies and procedures for its Plans; (c) independently determining fraudulent activities by Plan participants or beneficiaries; (d) providing legal or tax advice to Client or Plan participants or beneficiaries; (e) reporting any information to any government agencies, or withholding from any Plan benefits amounts necessary to cover any income, employment or other payroll taxes; (f) negotiating any Services on behalf of Plan participants or beneficiaries; and (g) activities or services not specified in this Agreement or the Addenda attached hereto. Section 3.03. Maintenance Wellmark and its Service Provider reserve the right to perform routine system (both web and 1VR) maintenance during off hours (normally between 9PM and 5AM ET). The maintenance normally requires no more than two (2) hours per day, or one (1) weekend per month. Any longer maintenance will be posted on the web pages. 3 Page 417 of 661 Article IV. Client Responsibilities Section 4.01. Responsibilities Client shall be responsible for establishing and maintaining the Plans, including, without limitation, the following: (a) Determining employees who are eligible to participate in the Plans that are the subject of the Services; (b) Timely electronic delivery of Plan data in a format acceptable to Wellmark and/or Service Provider; (c) Delivering updates to Wellmark and/or Service Provider regarding employees' information, including, without limitation, changes in salary reduction amounts, eligibility, additions and deletions of Plan participants and dependents covered by a particular Service, in the format, medium, and timefrarne further described in specific Addenda or provided to Client in writing by Wellmark and/or Service Provider; (d) The accuracy and completeness of all data provided to Wellmark or Service Provider; (e) Establishing, deploying, and maintaining its own policies and procedures regarding which of its personnel may access Wellmark's or Service Provider's site; and (f) Drafting, adopting, communicating and transmitting Plan documents, policies and procedures to its employees. Section 4.02. Client as Plan Administrator and Fiduciary With respect to any and all Plans and programs for which Services are provided hereunder, Client acknowledges and agrees that it is the "plan administrator" and "fiduciary" for purposes of ERISA to the extent such law applies to the Services. Article V. General Legal Terms Section 5.01. Intellectual Property As between Wellmark and Client, Wellmark owns and shall retain all right, title and interest (including, without limitation, all intellectual property rights) in and to all software, web pages, documents, processes, and other information, equipment and materials used in connection with the provision of services hereunder including, without limitation, those developed by Wellmark or Service Provider for use by Client and Plan participants and beneficiaries (the "System"). Wellmark grants Client and Plan participants and beneficiaries a limited, non-exclusive, non -transferable license to access and use the System during the Term of this Agreement, solely and exclusively: (a) in accordance with this Agreement and any instructions, user guides, and policies made available by Wellmark or Service Provider; and (b) for the purpose of receiving the Services provided by Wellmark and/or Service Provider under and in accordance with this Agreement. Without limiting the generality of the foregoing, Client may not, (a) without Wellmark's prior written consent, disclose or provide access to the System to any third parties, or (b) duplicate the System (or any associated materials) or use the same in connection with any other benefits program (including Client programs). In addition Client shall, at Client's expense, return, erase, or otherwise destroy all such items, and may not use such materials following the termination of this Agreement. 4 Page 418 of 661 Section 5.02. Warranty Wellmark warrants that the Services will be performed in accordance with generally accepted industry practices and with reasonable skill and care. THIS WARRANTY IS EXCLUSIVE. THE SYSTEM AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY FURTHER WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WELLMARK MAKES NO WARRANTY, REPRESENTATION OR CLAIM WITH RESPECT TO THE RESULTS OBTAINED THROUGH USE OF THE SYSTEM PROVIDED HEREUNDER. WELLMARK SHALL NOT BE RESPONSIBLE FOR (A) THE FAILURE OF CLIENT TO ACCESS THE SERVICES PROVIDED HEREUNDER DUE TO ANY FAILURE OR INABILITY TO ACCESS THE INTERNET, PUBLIC COMMUNICATIONS FACILITIES OR OTHER PUBLIC UTILITIES; OR (B) FOR ACTS OR OMISSIONS OF ANY VENDOR OR MERCHANT (OTHER THAN SERVICE PROVIDER). Section 5.03. Indemnification Wellmark agrees to indemnify and hold Client harmless with respect to any and all claims, liabilities, losses, damages or expenses (including reasonable attorney fees) caused by the gross negligence or willful misconduct of Wellmark in its performance of its responsibilities pursuant to the provisions of this Agreement. However, this indemnification provision shall not apply to any claims, liabilities, losses, damages, or expenses caused by any action or failure to act by the Client or its agents, servants or employees. Client agrees to indemnify and hold Wellmark, Service Provider and any of their respective directors, officers, shareholders, employees or agents harmless from and against any loss, liability, damage, expense (including reasonable attorney fees), or other cost or obligation caused by, resulting from or arising out of (i) Client's or its agents', servants' or employees' gross negligence, willful misconduct, breach of this Agreement, breach of any Service Provider Agreement, or failure to comply with applicable laws, and (ii) any claims in which Wellmark, Service Provider or any of their respective directors, officers, shareholders, employees or agents are named or joined with Client when such party has not engaged in any wrongful act. Without limiting the generality of the foregoing, Client agrees to indemnify and hold Wellmark, Service Provider and any of their respective directors, officers or employees harmless from and against any loss, liability, damage, expense (including reasonable attorney fees) or other cost or obligation caused by, resulting from, or arising out of (i) any income or employment tax withholding matter whatsoever (including, without limitation, the failure to properly withhold any such amounts), and (ii) any benefits payments made or directed by Wellmark or Service Provider to, or for the benefit of, any plan participants hereunder. The indemnified party will promptly notify the indemnifying party of any such claim; provided, however, that the failure to so notify the indemnifying party shall not relieve the indemnifying party of its obligations hereunder except to the extent the indemnifying party is materially prejudiced by such failure. The indemnifying party shall assume and have sole control of the defense of such claim; provided, however, that neither party may settle any claim without the prior written consent of the other party if such settlement exposes the other party to any liability. 5 Page 419 of 661 Section 5.04. Limitation of Liability FOR PURPOSES OF THIS SECTION, THE TERM "PARTY," WITH RESPECT TO WELLMARK, AND REFERENCES TO "WELLMARK," SHALL INCLUDE WELLMARK'S SUBCONTRACTORS, INCLUDING SERVICE PROVIDER IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS, LOSS OF DATA OR COST OF SUBSTITUTE GOODS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PERFORMED HEREUNDER UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE). IN ADDITION, WELLMARK'S LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO LIQUIDATED DAMAGES IN THE AMOUNT OF THE FEES PAID BY CLIENT TO WELLMARK HEREUNDER FOR THE MOST RECENT THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE MONTH IN WHICH THE EVENT OCCURRED THAT GAVE RISE TO THE DAMAGES. THE PROVISIONS OF THIS PARAGRAPH APPLY EVEN THOUGH THE LOSS OR DAMAGE, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS, DIRECTLY OR INDIRECTLY, EITHER FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED HEREUNDER. IN NO EVENT SHALL SERVICE PROVIDER BE DIRECTLY LIABLE TO CLIENT HEREUNDER. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY WITH RESPECT TO A PARTY'S INDEMNIFICATION OBLIGATIONS HEREUNDER. NO CLAIM MAY BE ASSERTED AGAINST WELLMARK MORE THAN ONE (I) YEAR AFTER SUCH CLAIM HAS BEEN LAWFULLY ASSERTED AGAINST OR BECOME KNOWN TO CLIENT, WHICHEVER SHALL OCCUR FIRST. Section 5.05. Wellmark as Independent Contractor Wellmark, and any entity (including those in a chain of service providers) that provides services to Wellmark to complete transactions requested by the Client or Plan participants and beneficiaries, including, without limitation, Service Provider, are independent contractors of Client. Nothing contained in this Agreement shall be construed as creating or evidencing a contractual relationship between Client or any such entity, including, without limitation, Service Provider. 6 Page 420 of 661 Section 5.06. Confidentiality Each party acknowledges that performance of the Agreement may involve access to and disclosure of Confidential Information belonging to the other. "Confidential Information" means any non-public confidential or proprietary information, including, without limitation, business and financial information; policies and procedures; operations; customer and potential customer names; suppliers and vendor names; trade secrets; trade dress; patent applications; inventions disclosures, and with respect to Plan participants and beneficiaries personal identification information (such as addresses and social security numbers). Confidential Information does not, however, include any information that: (a) was publicly available or released to the public domain at any time prior to disclosure by one party, (b) becomes publicly known or generally available after disclosure by one party through no wrongful action or inaction of the other party, (c) information that is in the party's possession or known by the party at any time prior to the time of disclosure; (d) is rightfully disclosed to the party by a third party without similar restriction, or (e) is independently developed by the party without use of the other party's Confidential Information. No Confidential Information shall be disclosed to any third party other than representatives of such party who have a need to know such Confidential Information, provided that such representatives are informed of the confidentiality provisions hereof and agree to abide by them. Notwithstanding the foregoing, Confidential Information may also be provided to Service Provider. All such Confidential Information must be maintained in strict confidence. In addition, each party will maintain the confidentiality of medical records as required by law. In the event a party is required by law to disclose Confidential Information, the disclosing party shall immediately notify the other party in writing, describing the circumstances of and extent of the disclosure. Upon termination of the Agreement, each party, upon the request of the other, will return or destroy all copies of all of the other's Confidential Information in its possession or control except to the extent such Confidential Information must be retained pursuant to applicable law, provided, however, that, Wellmark and/or Service Provider may retain copies of any such Confidential Information it deems necessary for the defense of litigation concerning the Services it provided under the Agreement. The parties acknowledge that compliance with the provisions of the foregoing paragraphs are necessary to protect their businesses and goodwill and that any actual or prospective breach will irreparably cause damage to them for which money damages may not be adequate. The parties therefore agree that if one of them breaches or attempts to breach the foregoing paragraphs hereof, the other party shall be entitled to obtain temporary, preliminary, and permanent equitable relief, without bond, to restrain such breaches, together with any and all other legal and equitable remedies available under applicable law or under the Agreement. The prevailing party shall be entitled to recover from the other party the reasonable attorneys' fees and costs it expends in any action related to such breach or attempted breach. Section 5.07. Records Maintenance and Disposition Wellmark and Service Provider shall have the right to keep and archive records of information and data regarding Client and the Plan obtained in connection with the provision of Services hereunder (collectively "Service Records") for the longer of what is required by applicable law or seven (7) years from the date such information is received by Wellmark or Service Provider, as the case may be. Subject to any confidentiality obligations that may apply, Client may request that a copy of the applicable Service Records be provided to Client (or to a third party designated by Client in writing); provided, that Wellmark and/or Service Provider may retain copies of any Service Records it deems necessary for the defense of litigation concerning the Services it provided under the Agreement. Section 5.08. Termination (a) Termination for Breach Either party may terminate this Agreement with immediate effect in the event the other party remains in default as to any of its material obligations hereunder after receiving written notice of the same and failing to cure such default within thirty (30) days of the date of such notice or ten (10) days in the event of nonpayment. 7 Page 421 of 661 (b) Termination for Bankruptcy, Insolvency, or Business Wind Down Either party may terminate this Agreement immediately if either party (i) voluntarily files for bankruptcy; (ii) admits its insolvency; (iii) takes action to commence winding down its business; or (iv) is named as a defendant in any involuntary bankruptcy or insolvency proceeding. In the event Client is involved in a bankruptcy proceeding as described in the foregoing sentence, Wellmark shall also have the right to suspend the payment of claims under this Agreement unless and until an order is obtained from the bankruptcy court, in form and substance acceptable to Wellmark, authorizing such payment and Client has deposited the funds necessary to pay such claims in full. (c) Effect of Termination Upon termination of this Agreement, Wellmark shall notify Client of the date on which all Services shall cease. At that time, all rights and licenses granted hereunder to use the System (including, without limitation software and/or user manuals, training materials, and other written materials that relate to the services provided hereunder) shall immediately terminate. Section 5.09. Publicity During the term of this Agreement, either party may issue public statements or announcements relating to the provision of Services hereunder as long as such party has received the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed. Section 5.10. Assignment Neither party may assign any of its rights and obligations under this Agreement without the prior written consent of the other party which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, either party may assign this Agreement to one of its controlled entities and Wellmark may delegate its obligations hereunder to Service Provider. This Agreement shall be binding upon and shall inure to the benefit of the parties' respective successors and assigns. Section 5.11. Notices Notices from a party concerning this Agreement must be written and delivered to the other party at the addresses shown below (i) in person, (ii) by certified mail, return receipt requested, (iii) by traceable overnight delivery, or (iv) by electronically confirmed facsimile or electronic mail and followed immediately by U.S. Mail. A signed receipt shall be obtained where a notice is delivered in person. Notice will be effective upon delivery. If to Wellmark: 1331 Grand Avenue, Des Moines, Iowa 50309, Attn: General Counsel. If to Client, to the main address shown on page one of this Agreement. Section 5.12. Excused Nonperformance Notwithstanding any other provision of this Agreement, neither party shall be liable in any way for any delay or any failure of performance of a Service or for any loss or damage due to any causes beyond its reasonable control, including, without limitation, acts of nature, acts of terrorism or a public enemy, war (whether declared or not), acts of the Government, earthquake, fire, floods, degradation or disruption of any communication service not under a parry's control, loss of electrical power, congestion, failure or other inability to access the Internet or disruption in the financial markets or the banking system, provided prompt notice thereof is given to the other party. Section 5.13. Waiver Failure of either party to insist on performance of any term or condition of this Agreement or to exercise any right or privilege hereunder shall not be construed as a continuing or future waiver of such term, condition, right or privilege. 8 Page 422 of 661 Section 5.14. Severability In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue to be valid, legal and enforceable, provided that the economic and legal substance of the transactions contemplated hereby is not affected in a manner that is materially adverse to either party. Section 5.15. Governing Law This Agreement and any claims arising hereunder or related hereto shall be governed by the laws of the State of Iowa, without regard to its conflicts of laws principles. Section 5.16. Blue Cross and Blue Shield Disclosure Statement Client, on behalf of itself and its participants, hereby expressly acknowledges its understanding that this Agreement constitutes a contract solely between Client and Wellmark, which is an independent corporation operating under licenses from the Blue Cross and BIue Shield Association, an association of independent Blue Cross and Blue Shield Plans (BCBSA), permitting Wellmark to use the Blue Cross and Blue Shield Service Marks in the states of Iowa and South Dakota, and that Wellmark is not contracting as the agent of BCBSA. Client, on behalf of itself and its participants, further acknowledges and agrees that it has not entered into this Agreement based upon representations by any person other than Wellmark and that no person, entity, or organization other than Wellmark shall be accountable or liable to Client for any of Wellmark's obligations to Client created under this Agreement. This section shall not create any additional obligations whatsoever on the part of Wellmark other than those obligations created under other provisions of this Agreement. Section 5.17. Counterparts This Agreement may be executed in counterparts or duplicate originals, each of which shall be regarded as an original, but all of which shall be considered one and the same instrument. Section 5.18. Entire Agreement This Agreement and the Addenda attached hereto constitute the full and complete understanding and agreement of the parties relating to the subject matter hereof and supersede all prior understandings and agreements relating to such subject matter. Any waiver, modification, or amendment of any provision of this Agreement shall be effective only if in writing and signed by both parties. The provisions of this Agreement shall prevail over any additional or different provisions in a Client purchase order, acceptance notice, or other similar document, which provisions shall be of no force or effect. If there is any inconsistency between the terms of this Agreement and the terms of any Business Associate Contract or Business Associate Agreement entered into between the parties hereto (as an Addendum or otherwise), the terms of such Business Associate Contract or Business Associate Agreement shall control. Section 5.19. Survival The following Sections shall survive the termination of this Agreement: Exclusion from Services, Intellectual Property, Warranty, Indemnification, Limitation of Liability, Confidentiality, Records Maintenance and Disposition, Governing Law, Consent to Jurisdiction, Entire Agreement, Waiver of Jury Trial and Survival. 9 Page 423 of 661 Section 5.20. fonsent to Jurisdiction Each of the parties hereby irrevocably submits to the exclusive jurisdiction of any United States District Court or Iowa District Court sitting in Des Moines, Iowa in any action or proceeding arising out of or relating to this Agreement, and each party hereby irrevocably agrees that all claims in respect of such action or proceeding shall be heard and determined in either of such courts. Each of the parties irrevocably waives any objection, including without limitation, any objection on the grounds of forum nonconveniens, which it may now or hereafter have to the bringing of any such action or proceedings in such respective jurisdictions. In addition, the parties agree that neither of them shall commence any action arising out of or relating to this Agreement in any court other than the United States District Court or the Iowa District Court sitting in Des Moines, Iowa. WAIVER OF JURY TRIAL. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF THE PARTIES IN THE PERFORMANCE OR ENFORCEMENT HEREOF. Accepted and Agreed To: For Client By: Title: Date: For Wellmark, Inc. By: Title: Vice President, Chief Procurement Officer Date: Page 424 of 661 ADDENDUM B TO MASTER SERVICES AGREEMENT FLEXIBLE SPENDING ACCOUNT This Addendum B to the Master Services Agreement ("Addendum") is entered into by and between City of Waterloo ("Client") and Wellmark, Inc. ("WelImark") effective as of July 1, 2023("Effective Date") in connection with that certain Master Services Agreement dated July 1, 2023 between Wellmark and Client (the "Agreement"). In case of a conflict between this Addendum and the Agreement, this Addendum shall supersede. In case of a conflict between this Addendum and any Business Associate Agreement or Business Associate Contract between Client and Wellmark, the Business Associate Agreement or Business Associate Contract shall control. Capitalized terms used but not defined in this Addendum have the meaning ascribed to them in the Agreement. Client has established a health and/or dependent care flexible spending arrangement ("FSA") as set forth in the Agreement. CIient, as plan administrator of the FSA, remains responsible for maintaining and operating the FSA, including paying all benefits owed or established under the FSA to its participants. Wellmark and/or Service Provider shall provide certain administrative services with respect to the FSA as set forth below and under the terms and conditions provided herein: 1. Definitions 2. Fees The following terms shall have the following meanings in this Addendum: "Account" means the notional accounts created for the health FSA and/or dependent care FSA to track the credits and disbursements of each Participant under the applicable FSA. Separate Accounts shall be created for a Participant's participation in a health FSA and a dependent care FSA, as well as for each applicable plan year. "Available Benefits" means (1) for a health FSA the Participant's annual election for the plan year less the aggregate amount previously paid or reimbursed for the plan year, and (2) for a dependent care FSA, the aggregate amounts previously credited to the FSA Account from the Participant's paycheck for the plan year as reported by CIient less the aggregate amount previously paid or reimbursed for the plan year. "Participant" means each individual (e.g., employee, former employee, who has an FSA Account as determined by Client and reported to Wellmark and/or Service Provider. "Monthly Service Fees" means the fees set forth in Section 2 of this Addendum. a. Administration Fee The Administration Fee is $0.00. The administration fee shall be paid prior to the execution date of the Agreement or such other date as agreed to by the Parties to the Agreement. Wellmark reserves the right to make rate changes with thirty (30) days notice prior to any annual automatic renewal. b. Monthly Service Fees The FSA "Monthly Service Fee" is $4.75 per participant per month (PPPM)*. *PPPM means Per Participant per Month and applies to each individual with at least one account election. For example, an individual who enrolls in both the health FSA and Addendum B page l FSA Services for Client Page 425 of 661 dependent care FSA would be charged as one participant. The fee will be charged for any month within a plan year that the account exists.Wellmark reserves the right to make rate changes with thirty (30) days notice prior to any annual automatic renewal. If Client informs Wellmark of its intention to terminate prior to the end of their plan year, and Client requests Well mark to administer the Run out Period and Grace Period (as defined below), Wellmark will do so and may charge a fee for such administration. "Run out Period" means the period after the close of the plan year in which claims may be submitted by an Employee or other beneficiary. This period is defined and established by the Client, and may be changed for future plan years by the Client if the change is made before the new plan year begins. "Grace Period" means the amount oftime (but no more than 2-1/2 months) following the close of the plan year that a Participant may incur eligible expenses for reimbursement and during which the eligible expenses may be applied against the Employee's FSA Account for the prior plan year, and to the extent the balance of the Employee's FSA Account is exhausted for the prior plan year will be applied to the balance of the Employee's FSA Account for the current plan year (i.e., the plan year in which the expense is incurred) if the Employee has enrolled for an FSA Account for that year. c. Run -Out Administration Wellmark shall provide FSA claim processing services following the Agreement's termination for eligible claims incurred prior to the termination of the Agreement_ Such run - out services shall not last longer than the end of the Run -Out Period for the plan year in which the Agreement terminates. All of the terms of this Addendum shall apply to the post - termination run -out services. However, Well mark shall not provide the run -out services after the Agreement's termination if the Agreement was terminated because Client failed to pay Monthly Service Fees due, Client failed to provide the benefit claims funding required under Section 3 and the applicable related appendix, or for any other material breach of the Agreement or any Service Provider Agreement. 3. Benefit Claims Funding All funding shall be provided pursuant to the Funding Agreement executed between Client and Service Provider. Neither Wellmark nor Service Provider shall be liable or use its own funds for the payment of benefits under the FSA, including, without limitation, where sought as damages in an action against Client, Wellmark, Service Provider or the FSA. Wellmark and Service Provider do not insure nor underwrite Client's liability to provide benefits under the FSA, and Client shall have the sole responsibility and liability for payment of all benefits under the FSA. 4. Administrative Service Fee Invoice and Payment Wellmark shall deliver monthly invoices for Monthly Service Fees via paper or electronically (e- mail or web accessible) to Client. All payments for Monthly Service Fees are due on the due date set forth on the invoice. Addendum B pa_e 2 FSA Services for Client Page 426 of 661 5. FSA — Specific Scope of Administrative Services As provided in Section 1.02 of the Agreement, Client acknowledges and agrees that: (i) Wellmark intends to contract with a Service Provider for the performance of some or all of the Services hereunder; (ii) any or all obligations of Wellmark hereunder may be subcontracted and delegated to Service Provider, in Wellmark's discretion; (iii) the Services provided by Service Provider on behalf of Wellmark may be provided directly to Client, in Wellmark's discretion; and (iv) Client may be required to interact directly with Service Provider with respect to one or more obligations of Client hereunder, as directed by Wellmark. a. Enrollment and Processing Enrollment Files Client shall be solely responsible for determining the individuals who are eligible to participate in the FSA. Client shall provide Wellmark with a complete list of all Participants eligible to participate in the FSA, and any demographic or other information that Wellmark may need to properly administer the FSA pursuant to this Agreement. CIient shall notify Wellmark on a monthly basis (or such shorter time period as agreed to by the parties) of any changes in Participant information. All Participant information shall be provided to Wellmark in an electronic format pursuant to Section 5(c). Wellmark shall process all data file(s) within a commercially reasonable time after receipt. In determining any person's eligibility under the Plan, Wellmark shall rely on the eligibility information furnished by the Client, and any signed statements by Participants. It is mutually understood that the effective performance of this Agreement by Wellmark will require that the Client advise it on a timely basis during the continuance of this Agreement of the identity of individuals eligible for benefits under each of the respective Plans. Information modifying a Participant's eligibility or status or election under either Plan shall identify the effective date of eligibility and the termination date of eligibility and shall be provided (via fax, mail, e-mail, electronic submission, or Interactive Voice Response system) prior to the effective date of such modification in order to be considered by Wellmark in making benefit determinations hereunder. If Client determines that Wellmark has incorrectly applied the eligibility provisions of the applicable Benefit Plan and informs Wellmark in writing, all future transactions will be processed according to CIient's interpretation as stated in writing. Client shall indemnify and hold Wellmark, Service Provider and their respective directors, officers, employees and agents harmless from and against any and all claims, damages, expenses, losses or other obligations or liabilities arising out of or relating to the processing of transactions based on Client's interpretation. Late notification of FSA eligibility or incorrect FSA eligibility information provided by CIient to Wellmark may result in erroneous benefit claim payments. In this event, Client shall be solely responsible for any such erroneous payment and CIient shall also be solely responsible for collecting any such erroneous payments from the individual. b. Services Available to FSAs Wellmark may provide Bill Payment Services, Reimbursement Services and the Card Services (as those terms are defined below) for Client's FSA. The maximum payment pursuant to any or all mechanisms shall be limited to the Available Benefits at the applicable time. Addendum B Page 3 FSA Services for Client Page 427 of 661 i. Bill Payment Services "Bill Payment Servi ces" (referred to as "Pay My Provider" on Service Provider's website) means services under which Wellmark will pay FSA eligible expenses described in this Agreement on behalf of a Participant. Payment will be made via a check or other electronic funds transfer directly to the health care or dependent care provider. Only payee information inserted on Service Provider's web site or provided through direct contact with customer service representatives during normal business hours will be acted upon. Mail, fax, electronic mail, or voicemail directions will not be processed. ii. Card Services "Card Services" means the services under which Wellmark will pay FSA eligible expenses described in this Agreement on behalf of a Participant. Payments will be made directly to the health care provider, drugstore or other qualifying entity via debit card (a plastic, magnetically coded card with preset spending limits). The operation and the terms and conditions of debit cards are set forth at https://www.wageworks.com/employers/terms-and-conditions/wageworks®-debit- card-program.aspx. Card Services shall not be available for dependent care FSA benefits. iii. Reimbursement Services "Reimbursement Services" (referred to as "PayMeBack" on Service Provider's website) means services under which Well mark will reimburse FSA eligible expenses described in this Agreement on behalf of a Participant. Reimbursements shall be made to Participants via a check or direct deposit. Claims may be submitted by Participants through one or both of the following methods: a Participants may submit paper -based claim forms to Wellmark for adjudication. Wellmark shall post the time and manner for submitting paper -based claims on the website accessible by Participants ("Participant Site"). b. At the election of Client, Wellmark will reimburse Participants for expenses reported to Wellmark by the medical plan carriers (known as Automatic Health Plan Claim or ("AHPC"). Wellmark will deem all claims provided by such carriers as eligible medical expenses without further adjudication. Client agrees that it is responsible for ensuring that such medical plan carriers provide timely, accurate and complete data files in the format and method specified by Well mark (e.g., posting to a SFTP). This reimbursement method shall not be available for dependent care FSA benefits. iv. Ordering Rule If the Available Benefits are not sufficient in a Participant's Account on any given day, the order of payments processed shall be claims pursuant to Card Services first, if there is any amount remaining thereafter, claims pursuant to Reimbursement Services second, and if there is any amount remaining thereafter, claims pursuant to Bill Payment Services last. To the extent that a Participant's Account has an amount of Available Benefits for some but not all claims within a particular services category, claims will be paid or reimbursed in the order received. No claim shall be paid or reimbursed that would allow a Participant's Account to be negative. Addendum 13 Pale 4 FSA Services for Client Page 428 of 661 c. Reports Wellmark will make standard reports available for viewing and for download from a Client- accessible website, including a summary of expenditures claimed by the Participants, the number of Participants, and the total amount of benefits paid or reimbursed, for each FSA as applicable. In addition, Client shall have access to a website where individual Participant Account transaction details may be viewed ("Service Site"). Because the Service Site contains individual health information and other personal information, Client shall be solely responsible to control the access to the Service Site based on its own internal confidentiality and HIPAA privacy policies and procedures. d. Claims Processing and FiduciaryDuties Client agrees that Client but neither Wellmark nor Service Provider is the plan administrator of the FSA as such term is described under ERISA or the Code. Neither Wellmark nor Service Provider shall have power or authority to waive, alter, breach or modify any terms and conditions of the FSA. Further, Client agrees that Client but neither Wellmark nor Service Provider is the claims fiduciary of the FSA, as such term is used under ERISA. Wellmark and/or Service Provider shall make payments or distributions in accordance with the framework of policies, interpretations, rules, practices and procedures set forth in the FSA and as otherwise agreed upon or directed by Client. Well mark and/or Service Provider shall neither have nor shall be deemed to exercise any discretion, control, or authority with respect to the disposition of Available Benefits. Wellmark agrees that it shall perform services on behalf of the FSA, only as set forth in this Addendum. Other than appeals of denied claims, no claims are accepted after the end of the applicable Run- out Period. Based upon the foregoing, Client hereby assigns to Wellmark (and Service Provider, as the case may be) the following: Initial Claims for Health Care FSA Claims for FSA benefits must be submitted in a form that is satisfactory to Wellmark. Wellmark shall determine whether a benefit is payable under the FSA's provisions as based on the terms of this Addendum and as mutually agreed to by Wellmark and Client. Client shall provide to Wellmark the applicable summary plan descriptions and plan documents for Wellmark to review and to assist in processing claims for the FSA. Wellmark shall use claim procedures and standards developed by Wellmark for benefit claim determination, which for a health care FSA shall be in compliance with Section 503 of ERISA and the regulations promulgated thereto with respect to initial claims for benefits. ii. Appeals for Health Care FSA For a health care FSA, Client represents that the FSA plan documents and summary plan description shall provide for a 2-stage appeal process pursuant to the provisions of Section 503 of ERISA and the regulations promulgated thereto. Wellmark shall process the first appeal using claims procedures and standards developed by Wellmark for benefit claim determinations, which are in compliance with Section 503 of ERISA and the regulations promulgated thereto with respect to appeals of denied claims for benefits. However, the second and the final appeal shall not be the responsibility of Wellmark but shall be processed and be the responsibility of Client or the plan administrator of the FSA. Addendum B pa.c,c c FSA Services for Client Page 429 of 661 Accordingly, because Wellmark does not process the final appeal, Wellmark shall not be the claims fiduciary with respect to the FSA. iii. Claims and Appeals for Dependent Care FSA Claims for dependent care FSA benefits must be submitted in a form that is satisfactory to Wellmark. Wellmark shall determine whether a benefit is payable under the FSA's provisions as based on the terms of this Addendum and as mutually agreed to by Wellmark and Client. Client shall provide to Wellmark the applicable descriptions and plan documents for Wellmark to review and to assist in processing claims for the dependent care FSA. Wellmark shall use its claim procedures and standards developed by Wellmark for benefit claim determinations. Wellmark shall process one appeal of a denied dependent care claim using procedures and standards developed by Wellmark for benefit claim determinations and appeals. Any additional appeals thereafter shall be the responsibility of Client. 6. Additional Services a. Communications Materials Wellmark will provide access to an online communications gateway ("Gateway") where Client may access and download standard electronic communications material at no additional charge. Certain quantities of standard printed communications may also be available at no additional charge. Customized items are available for additional fees, and Client agrees to pay bulk sales or similar taxes (if any), shipping and handling for any standard or customized material orders. Notwithstanding the foregoing, it is Client's responsibility to ensure that the summary plan descriptions, plan documents and any other documentation relating to the FSA are appropriately completed, are in compliance with the requirements of the FSA and applicable law, and are appropriately and timely adopted by Client. Client shall be solely responsible for distributing summary plan descriptions, summaries of material modification and any other documentation with respect to the FSA to Participants on a timely basis as provided by applicable law. Client shall also be solely responsible for complying with HIPAA, COBRA and ERISA with respect to the FSA and making any filing with the appropriate governmental agencies, including the Department of Labor and the Internal Revenue Service with respect to the FSA. b. Assistance in Enrollment Meetings Upon Client's request, Wellmark will participate in enrollment meetings and benefit fairs at an additional charge. c. File and Data Exchange Wellmark shall provide a set of electronic file specifications for Client to deliver data to Wellmark. Client is responsible for developing the routines, programs, and other means in which to deliver electronic data to Wellmark. The parties will exchange test data to ensure that they can receive and process each other's files. Wellmark shall also work with any other third party vendor hired by Client to provide such data to Wellmark, provided that Wellmark reserves the right to require such third -party vendor to enter into a dta sharing agreement with Wellmark prior to exchanging any data. Addendum B Page 6 FSA Services for Client Page 430 of 661 d. Adjudication of Eligible Expenses Wellmark shall determine whether an expense is qualified under the Internal Revenue Code and regulations thereunder, and any IRS written rulings, notices, and advisories based on rules and procedures developed by Wellmark. By entering into this Agreement, Client has authorized and instructed Wellmark to implement its standard administrative procedures to provide services in accordance with this Addendum and the Agreement. Client and Wellmark agree that if Client provides Wellmark with specific written instructions (in a form acceptable to Well mark) to provide services in a manner other than in accordance with Wellmark standard procedures, Wellmark may (but is not required to) comply with Client's written instructions. However, to the extent that Wellmark complies with such instructions, Client and not Wellmark shall be solely responsible for Wellmark's actions so taken, Client expressly releases all claims against Wellmark in connection with any claim or cause of action that results from or in connection with Wellmark following Client's written instructions and Client shall indemnify and hold Wellmark harmless (including reasonable attorneys fees and costs) for any claims, losses or other damages that results from or in connection with Wellmark following Client's written instructions. e. Participant Call Center Monday through Friday from 7:OOAM CT to 7:OOPM CT, excluding holidays and other non- business days, customer service representatives will be available to answer phone calls regarding the administration of the benefits selected by Client. Outside these hours, Participants may access the Participant Site or use an interactive voice response unit. f. Client Services Client Services shall be available to answer phone calls from Client HR representatives on issues such as employee case escalation, file transfer errors, and usingthe Service Site. The hours of operations are 7:OOAM CT to 7:OOPM CT, Monday through Friday, except for holidays and other non -business days. 7. No Refunds for Benefits Delivered Wellmark will not provide or negotiate for refunds of unused services or unneeded items. Wellmark is not responsible for determining whether a Participant received a cash refund from a merchant or provider for items or services originally purchased or paid for using a debit card. In addition, Wellmark shall not be responsible for negotiating or procuring on behalf of Employee dependent care services or medical services or products. Employees must obtain or negotiate for such services on behalf of themselves (e.g.,an Employee must first ensure that a child care provider will accept the Employee's child prior to establishing Bill Payment Services for that provider). Client is solely responsible for making the FSA whole if fraud is committed against the FSA by Participants or other individuals. Wellmark shall not be responsible for identifying, pursuing or correcting any fraudulent actions by Participant. Addendum B Page 7 FSA Services for Client Page 431 of 661 CAREM CVS Point Solutions Management PrudentRx Vendor Election Form (VEF) VEF Checklist/Guide: Caremark Version: January 2023 Account Team Information SAE Name: Derek Pritzl SAE Phone: 480-201-5218 SAE Email: Derek.pritzl@cvshealth.com AM Name: Kayla Keller AM Phone: 515-639-5228 AM Email: Kayla.keller@cvshealth.com Client Type ❑ Employer ❑ Coalition ❑ TPA Liable II TPA Non -Liable X Health Plan Client Information Client Name ("Client"): Eligible Carrier, Account, & Group(s) (CAG) Coalition/TPA/Health Plan name if different from Client name: Wellmark, Inc High -Deductible Health Plan ("HDHP") with health savings accounts ("HSA") included ❑ Yes • No HDHP with HSA CAG(s): Eligible Carrier, Account, & Group(s) (CAG) (Please list hierarchy or use "*" to signify that entire population under given carrier or account is HDHP with HSA — only complete section if implementing the PrudentRx solution on HDHPs with HSAs and include only those CAG(s) that are HDHPs with HSAs within this section ). Onsite Pharmacy • Yes ❑ No This Vendor Election Form ("VEF"), once executed, is an exhibit to the Point Solutions Management Amendment ("Amendment") between CaremarkPCS Health, L.L.C. ("CVS Caremark"), and Client. All capitalized terms used in this VEF and not otherwise defined shall have the meanings set forth in the Amendment or Agreement. In the event of a conflict between the terms of this VEF and the terms of this Amendment, the terms of this VEF shall control. PrudentRx, LLC ("Vendor" or "PrudentRx") provides co -pay program related services to plan sponsors that include guidance on plan benefit design for specialty products and assistance to members to secure available copay assistance for specialty drugs through the various programs funded by pharmaceutical companies ("PrudentRx Solution"). 07904\0023414852-3676-5140.v21 0790410023414852-3676-5140.v31 Page 432 of 661 CVS CAREMAI K Point Solutions Management PrudentRx Vendor Election Form (VEF) Client agrees to implement the PrudentRx Solution pursuant to the Point Solutions Management Amendment effective with the following parameters: PRUDENTRX SOLUTION: Additional Defined Terms: "Benefit Cap" means the maximum amount of funds available from the drug manufacturer under a Pharma Copayment Assistance Program. The Benefit Cap and copay program periods can vary by drug manufacturer and the Participating Member's enrollment date in the program. If a Specialty Drug does not have a Pharma Copayment Assistance Program, the Benefit Cap will be zero for such Specialty Drug for purposes of the PrudentRx Solution. "Covered Class" means a therapeutic class that is included in the PrudentRx Solution, as specified on Attachment 1. Covered Classes are updated from time to time and are available to Client upon request. Covered Classes may vary depending on Client's exclusive specialty setup and Program Drug List selected by Client. "Eligible Member" means a Member who is prescribed a Program Product and whose prescription benefit includes the PrudentRx Solution. For clarity, all Members whose prescription benefit includes the PrudentRx Solution are eligible to participate in the PrudentRx Solution when prescribed a Program Product. "Essential Health Benefits" shall have the meaning given to such term at 42 U.S.C. § 18022(b), which currently includes items and services in the following ten benefit categories: (1) ambulatory patient services; (2) emergency services; (3) hospitalization; (4) maternity and newborn care; (5) mental health and substance use disorder services including behavioral health treatment; (6) prescription drugs; (7) rehabilitative and habilitative services and devices; (8) laboratory services; (9) preventive and wellness services and chronic disease management; and (10) pediatric services, including oral and vision care. "HDHP Member" means a Participating Member who is enrolled in a HDHP with an HSA. "Non -Participating Member" means a Member who: (i) affirmatively elects to opt -out of the PrudentRx Solution; (ii) fails to complete any required enrollment process for the PrudentRx Solution (as described below); or (iii) fails to comply with the terms of the PrudentRx Solution (e.g., fails to enroll in an available Pharma Copayment Assistance Program). "Participating Member" means an Eligible Member, subject to completing any required enrollment process for the PrudentRx Solution (as described below); but excluding any Non -Participating Member. "Pharma Copayment Assistance Program" means a program sponsored by a pharmaceutical company that provides financial assistance for payment of the patient's cost -share for those patients who meet the program eligibility criteria, as established by the pharmaceutical company, but excluding any program that conditions assistance on financial need. "Program Drug List" means a "PrudentRx Program Drug List," which is a listing of Specialty Drugs that will be included in the PrudentRx Solution for Client. "Program Product" means a Specialty Drug that is listed on the Program Drug List selected by Client for the Plan. 2 0790410023414852-3676-5140.v31 Page 433 of 661 CVS CAREMAIC Point Solutions Management PrudentRx Vendor Election Form (VEF) "Specialty Tier" means the adjudication tier for Specialty Drugs. Program Description: The PrudentRx Solution shall consist of the following elements: ▪ Scope: Pharma Copayment Assistance Programs. The PrudentRx Solution is available only to Eligible Members. • Plan Design: For the Plans participating in the PrudentRx Solution, as designated by Client in the "Client Information" in the table above, Client shall adopt a plan design for Specialty Drugs in a Covered Class that consists of the following elements: ➢ Specialty Tier: Client will implement a Specialty Tier. Products on the Specialty Tier shall be subject to a thirty percent (30%) Cost Share for both Participating Members and Non -Participating Members, after satisfaction of any applicable deductible. All Specialty Drugs in a Covered Class shall be adjudicated at the Specialty Tier. ➢ Non -Essential Health Benefits: Products in a Covered Class exceeding those required by a designated benchmark plan (currently the Utah benchmark plan) shall be deemed non - Essential Health Benefits. ➢ Coverage Process: When the Benefit Cap has been reached based on a Pharma Copayment Assistance Program for a Participating Member for a Program Product and thus the Pharma Copayment Assistance Program is not available, including where the Program Product does not have a Pharma Copayment Assistance Program available and thus the Benefit Cap is zero, the Plan shall assume responsibility for the Cost Share for the Program Product unless and until financial assistance is again available to the Participating Member under the Pharma Copayment Assistance Program. This shall include any amounts not paid by a Pharma Copayment Assistance Program, such as when there is a residual leftover after applying the maximum copay assistance to the claim. As an exception to the foregoing, when the Benefit Cap has been reached for an HDHP Member for a Program Product that is not listed on the plan's HDHP Preventive Drug List, the Plan shall not assume responsibility for the Cost Share for such Program Product until such time as the Member deductible has been satisfied. ➢ Deductible and OOP Max: Amounts paid for the benefit of a Member, including amounts paid by a Pharma Copayment Assistance Program, for a Program Product shall not be counted toward any Member deductible or any Member out of pocket maximum obligation, unless otherwise required by applicable law. Amounts paid by a Member for a Program Product that is not an Essential Health Benefit shall not be counted toward any Member deductible or any Member Affordable Care Act ("ACA") out of pocket maximum obligation, unless otherwise required by applicable law; except that amounts paid by an HDHP Member shall be counted toward the Member deductible. Amounts paid by a Member for a Program Product that is an Essential Health Benefit shall be counted toward any Member deductible and any Member ACA out of pocket maximum obligation. ➢ Summary Plan Description. The Client shall adopt language in its Summary Plan Description that aligns with the above requirements. A template for such language is provided on Attachment 2. Although PrudentRx will assist with the language in the 3 0790410023414852-3676-5140.v31 Page 434 of 661 CAREMARK CVS Point Solutions Management ! PrudentRx Vendor Election Form (VEF) I Summary Plan Description, the Client and the Plan administrator remain responsible for fulfilling their fiduciary duties under ERISA with respect to the content of the Summary Plan Description. • Program Drug List: Client shall select a standard Program Drug List, which Program Drug List shall be subject to review and approval by CVS Caremark to verify plan design alignment with the Formulary (i.e., no cost share disadvantage of preferred formulary products). • Member Notification & Participation: PrudentRx will work in conjunction with Client to develop a communication and participation process regarding the PrudentRx Solution, to include the following: ➢ Following receipt of the Eligible Member information where Eligible Member is confirmed as currently prescribed a Program Product, PrudentRx will send a standardized and non- editable notice to Eligible Members. These Eligible Members will be identified via historic claim files approximately thirty-five (35) days prior to intended implementation date of the PrudentRx Solution. ➢ In order to complete enrollment in the PrudentRx Solution, following receipt of the welcome letter, Eligible Members who are utilizing a Program Product for which there is an available Pharma Copayment Assistance Program must contact PrudentRx to register (or validate prior registration) in the Pharma Copayment Assistance Program. EIigible Members who are utilizing a Program Product for which there is no available Pharma Copayment Assistance Program require no additional action to complete enrollment in PrudentRx Solution. Approximately five (5) to seven (7) business days after notice has mailed, PrudentRx will coordinate telephonic outreach to Members utilizing a Program Product for which there is an available Pharma Copayment Assistance Program, but who have yet to contact PrudentRx. If telephonic outreach does not result in contact with a Member, PrudentRx will make additional attempts either via telephonic or digital communication to participate in the PrudentRx Solution. PrudentRx outreach may also include a written letter to the Member providing notice that the Member needs to contact PrudentRx to participate in the PrudentRx Solution and that if the Member fails to call PrudentRx within time frame specified in the letter, the Member will be responsible for the full amount of the member cost share on the specialty medication. For clarity, digital communications will be sent by CVS Specialty to Members who have opted to receive digital communication who cannot be reached telephonically. ➢ PrudentRx will implement a high touch comprehensive communication process for Members who are projected to participate in the PrudentRx Solution at the Client's launch date. Once the PrudentRx Solution is live for Client, PrudentRx will identify net -new utilizers of Program Products within one (1) business day of receipt of a claim for a Program Product. PrudentRx shall conduct outreach to the Member if the Member is not currently enrolled in an available Pharma Copayment Assistance Program. PrudentRx shall coordinate with the Member and seek to complete Member enrollment in the applicable Pharma Copayment Assistance Program 4 07904\0023414852-3676-5140.v31 Page 435 of 661 CVS CAREMAFkK Point Solutions Management PrudentRx Vendor Election Form (VEF) within three (3) business days of receipt of such claim, subject to Member satisfaction of the eligibility requirements of such Pharma Copayment Assistance Program. • Pharma Copayment Assistance Program Enrollment: PrudentRx shall assist Participating Members with enrollment in Pharma Copayment Assistance Programs for Specialty Drugs and securing financial assistance under such Pharma Copayment Assistance Programs. • Coordination with CVS Caremark. PrudentRx collaboratively works with CVS Caremark and, if requested by CVS Caremark, the dispensing pharmacies, to ensure timely prescription processing with minimal member abrasion, by providing real time data feeds to include notification to CVS Caremark of: (i) decision by a Member to not participate in the PrudentRx Solution, including any Member who elects not to enroll in an available Pharma Copayment Assistance Program; (ii) inability to contact a Member; and (iii) enrollment of a Participating Member in a Pharma Copayment Assistance Program. Client hereby directs and authorizes CVS Caremark to: (i) exclude from any Member deductible and any Member annual out of pocket maximum obligation any amounts paid for the benefit of a Member, including amounts paid by a Pharma Copayment Assistance Program, for Specialty Drugs in a Covered Class, unless otherwise directed by Client due to requirements of applicable law; (ii) exclude from any Member deductible and any Member annual ACA out of pocket maximum any amounts paid by a Member for a Specialty Drug in a Covered Class that is not an Essential Health Benefit, unless otherwise directed by Client due to requirements of applicable law; provided that amounts paid by an HDHP Member for any Program Product shall be counted toward the Member deductible; (iii) provide to PrudentRx daily paid claims, daily reject files, and monthly claims files for Program Products dispensed to Participating Members so that PrudentRx may implement and operate the PrudentRx Solution (collectively, "Client Data"); and (iv) provide PrudentRx with Member portal (Client Online Services) access for designated PrudentRx employees performing Participating Member benefit verification and eligibility in real time, if possible. • Confidentiality. In the event Client receives any Confidential Information (as such term is defined in the Agreement) of PrudentRx, Client shall maintain the confidentiality of such Confidential Information consistent with the requirements imposed in the Agreement for confidential treatment of CVS Caremark Confidential Information. • Release of Data. Client hereby authorizes and directs CVS Caremark to disclose the Client Data and other Client or Member information to PrudentRx in order to provide the PrudentRx Solution to Client. Client acknowledges and agrees that to the extent any data disclosed to PrudentRx includes Member information, such Member information shall be disclosed by CVS Caremark subject to the Business Associate Agreement between CIient and CVS Caremark. • Claims Audits. On a monthly basis, PrudentRx shall: (i) retroactively audit claims for the prior month to ensure the PrudentRx Solution was implemented appropriately for each Participating Member for whom a claim was adjudicated in such month, including implementation of the coverage process whereby the Plan assumes responsibility for the Cost Share; and (ii) provide a written report with the results of such audit to CVS Caremark and Client within thirty (30) days of the end of the month subject to the audit. If any issues are identified, PrudentRx shall consult with CVS Caremark to coordinate on an appropriate resolution. 5 0790410023414852-3676-5140.v31 Page 436 of 661 CVS CAREMAIK Point Solutions Management PrudentRx Vendor Election Form (VEF) • Control of Plans. Client acknowledges and agrees that PrudentRx shall not be: (i) the administrator (as that term is defined in Section 3(16) of ERISA) of any Plan for any purpose; (ii) a named fiduciary with respect to any Plan for purposes of ERISA or any applicable state law; (iii) delegated discretionary authority or responsibility, or exercise discretionary authority or control, with respect to any Plan or its administration; or (iv) deemed to be a fiduciary with respect to any Plan for purposes of ERISA or any applicable state law. • HDHP. CIient is solely responsible for evaluating compliance with the Internal Revenue Code and IRS guidance, in consultation with its own counsel, in connection with any contemplated implementation of the PrudentRx Solution for any HDHPs or HSAs and Client is solely responsible for, and shall indemnify CVS Caremark and PrudentRx against, any loss, cost, damage or expense resulting from any non-compliance with the Internal Revenue Code or IRS guidance. • Reporting. On a monthly basis, PrudentRx will provide a summary report to Client of the claims processed under the PrudentRx Solution with respect to the Plan, which shall include the following metrics: • PrudentRx Generated Savings • Total Specialty Drug spend subject to PrudentRx Solution • Total net savings after Service Fee • Summary YTD by Covered Class • Including the number of Participating Members and number of claims under each Covered Class All information disclosed on the foregoing report shall comply with the privacy requirements under HIPAA and any other applicable law. • Invoicing: PrudentRx shall provide monthly claims detail and the Service Fee to CVS Caremark. CVS Caremark will invoice Client the Service Fee on the monthly administrative service fees invoice. • Early Termination: CVS Caremark may immediately terminate this VEF in the event CVS Caremark determines, in its reasonable discretion, that such termination is necessary to avoid or limit an adverse financial impact on CVS Caremark and/or Client. PrudentRi Solution Effective Date: XX/XX/20XX Note: The PrudentRx Solution Effective Date must be the first day of the month, cannot be sooner than the effective date of the Point Solutions Management Amendment, and cannot be sooner than 90 calendar days from the date of delivery of an executed copy of this Vendor Election Form to PointSolutionsManagement@CVSHealth.com. In the event this Vendor Election Form is not delivered at least 90 calendar days prior to the proposed PrudentRx Solution Effective Date or otherwise fails to meet the timing requirements of the prior sentence, this Vendor Election Form shall not take effect and the Client shall be requested to submit a new Vendor Election Form with a conforming PrudentRx Solution Effective Date. Eligible Member Population: B Client's PBM-covered employees B Dependents of Client's employees 6 0790410023414852-3676-5140.v31 Page 437 of 661 CVS CAREMAFkK Point Solutions Management PrudentRx Vendor Election Form (VEF) Compensation: Client will pay a service fee equal to twenty percent (20%) of Generated Savings (the "Service Fee"). • "Generated Savings" are calculated as the amount by which the Current Plan Net Cost exceeds the New Plan Net Cost. • "Current Plan Net Cost" is (i) the Plan's gross cost of a Specialty Drug, less (ii) the amount obtained by multiplying the Current Copayment Percentage by the gross cost of the Specialty Drug (without the application of any deductibles). • "New Plan Net Cost" is (i) the Plan's gross cost of the Specialty Drug, less (ii) the amount of manufacturer copay assistance applied to the gross cost of the Specialty Drug. PrudentRx may share a portion of the above service fee with third parties, including CVS Caremark, for services rendered in connection the PrudentRx Solution. There are no separate fees for administration, Member outreach and support, monthly reporting, or any of the other services provided by PrudentRx under the PrudentRx Solution. By signing below, Client acknowledges that they have read, understand, and agree to all terms and conditions outlined within this VEF. Signature of Client's Authorized Representative Signature of Strategic c count Executive Name (Print): Date Signed: 03/14/2023 {MM/DD/YYYY) Title: Date Signed: (MM/DD/YYYY) WELLMARK, INC: By: Its: Date Signed: (MM/DD/YYYY) 7 07904\0023414852-3676-5140.v31 Page 438 of 661 CVS CAREMAIkK Point Solutions Management PrudentRx Vendor Election Form (VEF) Attachment 1 Covered Classes (Effective as of July 1, 2022) ACROMEGALY ALPHA -I ANTITRYPSIN DEFICIENCY AMYLOIDOSIS ANEMIA ASTHMA AUTOIMMUNE BONE DISORDERS - OTHER COAGULATION DISORDERS CRYOPYRIN-ASSOCIATED PERIODIC SYNDROMES CYSTIC FIBROSIS ELECTROLYTE DISORDERS GASTROINTESTINAL DISORDERS -OTHER GOUT GROWTH HORMONE AND RELATED DISORDERS HEMATOPOIETICS HEMOPHILIA HEPATITIS B* HEPATITIS C HEREDITARY ANGIOEDEMA HORMONAL THERAPIES HUMAN IMMUNODEFICIENCY VIRUS* IMMUNE DEFICIENCIES AND RELATED DISORDERS INFECTIOUS DISEASE - OTHER INFERTILITY` IRON OVERLOAD LYSOSOMAL STORAGE DISORDER MENTAL HEALTH CONDITIONS MOVEMENT DISORDERS MULTIPLE SCLEROSIS NEUROLOGICAL DISORDERS NEUROMUSCULAR NEUTROPENIA OCULAR DISORDERS' ONCOLOGY OSTEOPOROSIS 8 0790410023414852-3676-5140.v31 Page 439 of 661 CVS CAREMAIkC Point Solutions Management PrudentRx Vendor Election Form (VEF) PAROXYSMAL NOCTURNAL HEMOGLOBINURIA PHENYLKETONURIA PRE -TERM BIRTH PULMONARY ARTERIAL HYPERTENSION PULMONARY DISORDERS - OTHER RARE DISORDERS - OTHER RENAL DISEASE RESPIRATORY SYNCYTIAL VIRUS SEIZURE DISORDERS SICKLE CELL DISEASE SLEEP DISORDER SYSTEMIC LUPUS ERYTHEMATOSUS THROMBOCYTOPENIA TRANSPLANT* UREA CYCLE DISORDERS • ONLY AVAILABLE IF CLIENT HAS ENHANCED EXCLUSIVE SPECIALTY s• NOT AVAILABLE IF THE PARTICIPATING CLIENT HAS A FERTILITY MAB 9 07904\0023414852-3676-5140.v31 Page 440 of 661 CVS CAREMAI Point Solutions Management PrudentRx Vendor Election Form (VEF) Attachment 2 Summary Plan Description Disclaimer: The following summary plan description language is a suggested template. Neither CVS Caremark nor PrudentRx shall have any responsibility for the summary plan description that is published by the Plan. Final language should be tailored to client plan design and reviewed by client legal counsel. PrudentRx Solution for Specialty Medications In order to provide a comprehensive and cost-effective prescription drug program for you and your family, [Insert Plan name] has contracted to offer the PrudentRx Solution for certain specialty medications. The PrudentRx Solution assists members by helping them enroll in manufacturer copay assistance programs. Medications on the PrudentRx Program Drug List are included in the program and will be subject to a 30% co-insurance, after satisfaction of any applicable deductible. However, if a member is participating in the PrudentRx Solution, which includes enrollment in an available manufacturer copay assistance program for their specialty medication, the member will have a $0 out- of-pocket responsibility for their prescriptions covered under the PrudentRx Solution. [FOR HDHP WITH HSA, REPLACE PRECEDING SENTENCE WITH THE FOLLOWING: However, if a member is participating in the PrudentRx Solution, which includes enrollment in an available manufacturer copay assistance program for their specialty medication, the member will have a $0 out-of-pocket responsibility for their prescriptions covered under the PrudentRx Solution, unless the member has a health savings account (HSA). For members with HSAs: (i) for drugs listed on the plan's HDHP Preventive Drug List, the member will have a $0 out-of-pocket responsibility for their prescriptions covered under the PrudentRx Solution; and (ii) for all other drugs, the member will have a $0 out-of- pocket responsibility for their prescriptions covered under the PrudentRx Solution after the member's deductible has been satisfied.] Copay assistance is a process in which drug manufacturers provide financial support to patients by covering all or most of the patient cost share for select medications - in particular, specialty medications. The PrudentRx Solution will assist members in obtaining copay assistance from drug manufacturers to reduce a member's cost share for eligible medications thereby reducing out-of-pocket expenses. Participation in the program requires certain data to be shared with the administrators of these copay assistance programs, but please be assured that this is done in compliance with HIPAA. If you currently take one or more specialty medications included in the PrudentRx Program Drug List, you will receive a welcome letter from PrudentRx that provides information about the PrudentRx Solution as it pertains to your medication. All eligible members must call PrudentRx at 1-800-578-4403 to register for any manufacturer copay assistance program available for your specialty medication as some manufacturers require you to sign up to take advantage of the copay assistance that they provide for their medications. If you do not call PrudentRx, PrudentRx will make outreach to you to assist with questions and enrollment. If you choose to opt out of the PrudentRx Solution, you must call 1-800-578-4403. Eligible members who fail to enroll in an available manufacturer copay assistance program or who opt out of the PrudentRx Solution will be responsible for the full amount of the 30% co-insurance on specialty medications that are eligible for the PrudentRx Solution. If you or a covered family member are not currently taking, but will start a new medication covered under the PrudentRx Solution, you can reach out to PrudentRx or they will proactively contact you so that you can take full advantage of the PrudentRx Solution. PrudentRx can be reached at 1-800-578-4403 to address any questions regarding the PrudentRx Solution. The PrudentRx Program Drug List may be updated periodically. Payments made on your behalf, including amounts paid by a manufacturer's copay assistance program, for medications covered under the PrudentRx Solution will not count toward your plan deductible or out-of-pocket maximum (if any), unless otherwise required by law. Also, payments made by you for a medication that does not qualify as an "essential health benefit" under the Affordable Care Act (ACA), will not count toward your deductible or ACA out-of-pocket maximum (if any), unless otherwise required by law. [FOR HDHP WITH HSA, REPLACE PRECEDING SENTENCE WITH THE FOLLOWING: Also, payments made by you for a medication that does not qualify as an "essential health benefit" under the Affordable Care Act (ACA), will not count toward your ACA out-of-pocket maximum (if any), unless otherwise required by law. A list of specialty medications that are not 0790410023414852-3676-5140.v31 Page 441 of 661 Cv$ CAREMAI ( Point Solutions Management PrudentRx Vendor Election Form (VEF) considered to be "essential health benefits" under the Affordable Care Act is available. An exception process is available for determining whether a medication that is not an "essential health benefit" under the Affordable Care Act is medically necessary for a particular individual. PrudentRx can be reached at 1-800-578-4403 to address any questions regarding the PrudentRx Solution. 07904\0023414852-3676-5140.v31 Page 442 of 661 CITY OF IOWA Mity Community of Oppor May 3, 2023 Mayor and City Council 715 Mulberry St, Waterloo, IA 50703 r Phone: (319) 291-4303 Fax: (319) 291-4569 ,�.� µ`' CITYOFWATFRLOOIOWA,COM G Human Resources Department am requesting that the City Council authorize the Mayor and the City Clerk to sign and execute the renewal agreement with Wellmark for Administration, Network Access Fees (NAF), Stop Loss Fees, and Delta Dental Fixed fees. The one-year agreement for covered employee and retiree plans will be effective July 1, 2023. It is anticipated that the cost for the Wellmark administration, network access and stop loss premium will be $2,234,769 at the end of this fiscal year. The Delta Dental fixed costs are projected to be $36,574 at the end of this fiscal year and it is anticipated there will be a slight increase next fiscal year. The final costs for this fiscal year and next fiscal year will vary depending on the number of actual employees and dependents covered and the number of claims filed by the health and dental insurance plans Lance Dunn Human Resources Director Cc: fileMay 3, 2023 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Director Human Resources Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving a Renewal Agreement with National Insurance Services for fees associated with life and long term disability policies, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. National Insurance Services Renewal FY24-FY25 Page 444 of 661 Page 445 of 661 NIS National Insurance Services March 6, 2023 Lance Dunn Human Resources Director City of Waterloo 715 Mulberry Street Waterloo, IA 50703 RE: Group Term Life and Long Term Disability Insurance Renewal Dear Mr. Dunn: Client Focused. Solution Driven. The City of Waterloo's Life Insurance and Long Term Disability ATP policies renew on July 1, 2023. I am pleased to inform you that Madison National Life insurance Company, Inc. has determined that no rate adjustments are needed. Your renewal rates are as follows: Current Rate Renewal Rate effective 7/112023 Basic Life 1 AD&D $0.21 / $0.03 per $1,000 $0.21 / $0,03 per $1,000 Employee Supplemental Life $0.27 per $1,000 $0.27 per $1,000 Spouse Supplemental Life Age Rated Current Age Rates Child Dependent Life $1.50 per family $1.50 per family Long Term Disability (ATP policy) $0.42 per employee per month $0.42 per employee per month These rates are guaranteed for 2 Years until July 1, 2025, assuming no changes to the current benefit structure. Your fully insured Long Term Disability policy is in a rate guarantee until July 1, 2024, We believe our level of commitment to you is most evident in our ongoing efforts to secure both competitive pricing and extended rate guarantees. We truly appreciate your business and the opportunity to continue negotiating on your behalf. In return for your commitment to National Insurance Services (NIS), NIS agrees to provide the following: • Annual Best Practices Service Visit or Call • Dedicated Account Representative • Dedicated Client Relations Representative • Dedicated Billing Representative • Free Gap Analysis (when requested) • Compliance with State Bid Laws • Monitoring Market Conditions By signing the below, you are acknowledging your reciprocal 2 Year commitment to NIS. In pricing the renewal, the claims risk and administrative expenses are spread over the rate guarantee. In exchange for our rate guarantee, you must remain directly contracted with NIS for the duration of the rate guarantee. In the event you cancel prior to the end of the rate guarantee a risk charge in the amount of 1 % of annual premium will be assessed for each month remaining on the rate guarantee. Corporate Headquarters: 300 North Corporate Drive, Suite 300. Brookfield. WI 53045 l Offices Nationwide: 800.627.36601 www.NlSBenefits.com Page 446 of 661 Client Focused. Solution Driven. NIS National Insurance Services Please complete the bottom portion and return a copy to National Insurance Services as indication of your acceptance of the renewal. Thank you for your continued business. Please do not hesitate to call me if you have any questions. Sincerely, Megan Ware Market Development The July 1, 2023 renewal of Group Life Insurance and Long Term Disability (ATP) as outlined above is accepted. Signature & Title Date Renewal eForm # 13572 & 13500 Corporate Headquarters: 300 North Corporate Drive, Suite300, Brookfield, WI 530451 Offices Nationwide: 800.627.3660l www.NISBenefits_coEn Page 447 of 661 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving a farm lease agreement expiring December 31, 2023 with Michael Cook to farm approximately 3.65 acres of land at the southeast corner of Newell Street and Northeast Drive for $80.00 per acre for a yearly rental payment of $292.00, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request for a farm lease agreement expiring December 31, 2023 with Michael Cook to farm approximately 3.65 acres of land at the southeast corner of Newell Street and Northeast Drive for $80.00 per acre for a yearly rental payment of $292.00. The land is currently grass and has not been farmed recently and the farmer has indicated he will get low yields off of the newly farmed land. Yield amounts will be examined after the first growing season and the rental price will be adjusted accordingly if needed at that time. The farmer said it could be two years before he will start to see good yield results from the land. NEIGHBORHOOD IMPACT Other lands in the Northeast Industrial Park are farmed and this request would not appear to negatively impact the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 448 of 661 Not approve and receive no rental income. LEGAL DESCRIPTION Lot 2, except the south 227 feet, and Lot 3 of Northeast Industrial Park Plat No. 1, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Michael Cook Farm Lease Agt 2. Cook Farm Lease Map Page 449 of 661 CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Agreement made and entered into this day of , 2023, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and Michael Cook (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property generally located near 2570 WCF&N Drive, and legally described in Exhibit "A" attached here to and made a part here of by this reference. 2. The City agrees to allow the Lessee to use and occupy the aforementioned City property for a term commencing on the day of , 2023, and terminating on the 31stday of December 2023. The Lessee agrees to pay the City $292.00 (3.65 acres @ $80 per acre) per year, for use of said City property described in attached Exhibit "A" during said term. 3. The City may terminate this agreement upon thirty (30) days' written notice if the City needs the use of said City property for its own purposes. As the applicant is using the land for crop production, the City would need to reimburse the lessee for any crops in production at the time of termination. 4. Lessee may terminate this Agreement upon thirty (30) days' written notice to the Waterloo Community, Planning, and Development Department. The full amount of the payment is due, and no annual amount would be refunded if termination were to occur within the lease period. 5. Lessee agrees to maintain the Property including all fenced areas. This will include reseeding and fertilizing when necessary. Use of the property will be for row crops (corn/soybeans) and cover crops if utilized. 6. Lessee shall not hunt nor permit any other person to hunt on the Property. If Lessee becomes aware of trespassers on the Property, he will instruct them to leave the premises 7. In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, actions, causes or action, and/or damages which may arise or allegedly arise out of Lessee's use of the aforementioned City property, either to the City's property, or to any other person who may claim injury by and/or through, as a result of the alleged activity on City's property as aforesaid. 8. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $500,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty (30) days' advance notice to the City before cancellation, shall be delivered to City no later May 31, 2023. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, its agents or employees. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. Page 450 of 661 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. EXECUTED THIS DAY OF , 2023 CITY OF WATERLOO APPROVED BY: BY: ATTEST: Quentin Hart, Mayor Kelley Felchle, City Clerk CITY'S ACKNOWLEDGMENT STATE OF IOWA, COUNTY, SS: LESSEE On this day of , 2023 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of it's City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public in and for said County Page 451 of 661 Exhibit "A" Lot 2, except the south 227 feet, and Lot 3 of Northeast Industrial Park Plat No. 1, Waterloo, Black Hawk County, Iowa Page 452 of 661 I Citij of Waterloo, Iowa Page 453 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Paul Huting, Director Leisure Services Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution Approving Cloverdale Park Lease Agreement with Black Hawk County Board of Supervisors, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Recommend Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Cloverdale Park is a 4 acre parcel owned by Black Hawk County, managed and maintained as a City Park by Leisure Services. This item is to renew the property lease for 3 years. NEIGHBORHOOD IMPACT Cloverdale Park is beneficial to residents in the surrounding neighborhood, providing open space and playground equipment. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES The nominal $3 lease fee will be paid from the 4100 Parks operating budget. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 454 of 661 1. 2023 Cloverdale Park Lease FINAL Final Page 455 of 661 CLOVERDALE PARK LEASE This LEASE made and entered into this 6th day of June, 2023, by and between Black Hawk County Board of Supervisors ("Landlord") whose address for the purpose of this lease is 316 E. 5th Street, Waterloo, Iowa and the City of Waterloo, Iowa, to be managed by the Leisure Services Commission ("Tenant") whose address for the purpose of this lease is 1101 Campbell Avenue, Waterloo, Iowa. 1. PREMISES AND TERM. Landlord, in consideration of the rent herein reserved and of the agreements and conditions herein contained on the part of Tenant to be kept and performed, leases to Tenant and Tenant rents and leases from the Landlord, according to the terms and provisions herein, the following described parcel: A four (4) acre rectangular tract having a three hundred fifty (350) feet frontage on Longfellow Street and a five hundred fifty (550) foot frontage on Midland Street, said site to be located approximately at the corner of Longfellow Street and Midland Street, City of Waterloo, Black Hawk County, Iowa, As shown on Exhibit "A" attached hereto, for a term of three (3) years, commencing July 1, 2023 through June 30, 2026, upon the condition that Tenant pay rent therefor and otherwise performs as this lease provides. 2. RENTAL. Tenant agrees to pay in advance to Landlord a rental fee of one dollar ($1.00) per year, in advance. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to Landlord at the time and date of the close of this lease term, except as otherwise provided. 4. USE OF PREMISES. Tenant covenants and agrees that during the term of this lease it shall not sublease the premises herein, but shall permit its use by the public as a public park with emphasis on park use as a picnic area, baseball diamond and general play field area. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is in fee simple, free and clear of all liens, clouds and encumbrances, except that said premises are security for general obligation bonds, and that the Tenant upon paying the rent herein reserved and performing all the agreements to be performed by the Tenant as provided in this Lease, shall and may peaceably have, hold and enjoy the premises for the term of this Lease free from molestation, eviction or disturbance by Landlord or any other person or legal entities whatsoever. Landlord shall have the right to use the premises as security for general obligation bonds at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. The Landlord shall have no duty to care for the premises whatsoever. Tenant shall care for and maintain the premises in a reasonably safe and serviceable condition and shall be solely responsible for construction, operation, maintenance, upkeep and all other aspects of the leased premises. Tenant acknowledges Landlord has no responsibility or liability whatsoever for such maintenance and operation. Also see Section 10 below. Page 456 of 661 7. SURRENDER OF PREMISES AT END OF TERM. Tenant agrees that it will surrender the leased premises to Landlord upon the termination of this Lease. Tenant may, at the expiration of the term of this Lease, or renewals thereof, or at a reasonable time thereafter, remove any fixtures or equipment which Tenant has installed on the leased premises. Continued possession beyond the expiration date of the term of this Lease by the Tenant coupled with receipt of the specified rental by Landlord, shall constitute a year -to year extension of this Lease. Either party, however, may terminate this Lease upon thirty (30) days' notice in writing given to the other by ordinary mail or delivered personally. 8. ASSIGNMENT OR SUBLETTING. Tenant agrees and understands that the premises shall not be assigned or sublet. 9. SPECIAL ASSESSMENT. All special assessments shall be the responsibility of the Tenant. 10. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, Tenant will protect, indemnify and hold harmless Landlord from and against any and all loss, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing injury and/or damage to any person or property, happening or done in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof, by Tenant or any person claiming through or under Tenant. Tenant further covenants and agrees that it will, at its own expense, procure and maintain casualty and liability insurance through one or more financially stable carriers with a minimum AM Best rating of A- and authorized to do business in the State of Iowa, with minimum coverage limits as follows: a. General Liability Insurance providing coverage for liability arising out of the use, occupancy, or maintenance of the leased premises and all areas appurtenant, thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit and Two Million Dollars ($2,000,000) general aggregate. Such coverage shall protect Landlord against such claim, damages, costs or expenses by reason of such casualty, accident or other happening on or about the leased premises during the term thereof. b. Umbrella Liability Insurance with limit not less than One Million Dollars ($1,000,000); and Tenant shall provide a Certificate of Insurance naming Black Hawk County as an additional insured. Certificate of insurance will be submitted to the Black Hawk County Board of Supervisors' Office prior to commencement of this Lease and shall include a thirty -day notice of cancellation provision. If Tenant fails to perform any of its insurance obligations under this Paragraph No. 10 of this Lease, Black Hawk County reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to terminate this Lease. 11. PROVISIONS TO BIND AND BENEFIT SUCCESSORS AND ASSIGNS AND SUBLESSEES. Each and every covenant and agreement herein contained shall extend to and Page 457 of 661 be binding upon the respective successors, assigns and sublessees of the parties hereto (not withstanding restrictions herein with respect to assignment and subletting). 12. NOTICES. All notices required under this Lease shall be as follows: For Black Hawk County Board of Supervisors, Linda Laylin, Chair, or subsequent Chair, in care of the Black Hawk County Board of Supervisors, 316 East Fifth Street, Waterloo, Iowa 50703. For the City of Waterloo, Iowa, to Paul Huting, or subsequent Director of Leisure Services Commission, 1101 Campbell Avenue, Waterloo, Iowa 50701. Page 458 of 661 CITY ACKNOWLEDGMENT CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor ATTEST: Kelley Felchle, City Clerk State of Iowa ) ) ss Black Hawk County) On this day of , 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in the Resolution under council Action No. of the City Council on the day of 2023, and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 459 of 661 CO UNTY ACKNOWLEDGMENT COUNTY OF BLACK HAWK, IOWA By: Linda Laylin, Chair Board of Supervisors ATTEST: Grant Veeder, County Auditor State of Iowa ) ) ss Black Hawk County) On this day of , 2023 before me, a Notary Public in and for the State of Iowa personally appeared Linda Laylin and Grant Veeder, to me personally known, and who being duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor respectively, of the County of Black Hawk, Iowa; that the seal affixed to the foregoing instrument is the seal of Black Hawk County and the instrument was signed and sealed on behalf of the County by Authority of the Board of Supervisors, as contained in action passed by the Board of Supervisors on the day of , 2023, and Linda Laylin and Grant Veeder acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the County, by it voluntarily executed. Notary Public in and for the State of Iowa Page 460 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Paul Huting, Director Leisure Services Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving an agreement with USDA wildlife services to minimize wildlife -related property damage and risk to human health and safety, and authorizing the City Forester to execute said document. RECOMMENDED COUNCIL ACTION Approve agreement SUMMARY STATEMENT AND BACKGROUND INFORMATION Large amounts of bird droppings from crows, geese, and pigeons can spread numerous diseases including, salmonella, encephalitis, and histoplasmosis to people in Waterloo's downtown, parks, and golf courses. The United States Department of Agriculture Wildlife Services have worked to control specified wildlife activities in Waterloo utilizing an Integrated Wildlife Damage Management approach over the last couple of winters. This agreement will allow the USDA to continue its efforts another year. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES At the May 1, 2023, Council Meeting the use of Hotel/Motel Grant Funds was approved. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 461 of 661 ATTACHMENTS 1. USDA Wildlife Services Agreement 2. LincolnPark5 3. LincolnPark7 4. LincolnPark2 Page 462 of 661 For APHIS Use Only WS-ER (6/20) Dates: 6/1/23-6/30/24 Agrmnt Total: $30,000.00 APHIS Agreement No.: 23-7219-8183-RA Customer #: 0003117961 Period: 23XX WBS: AP.RA.RX19.72.8183 COOPERATIVE SERVICE AGREEMENT between CITY OF WATERLOO and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WILDLIFE SERVICES (WS) ARTICLE 1 The purpose of this Cooperative Service Agreement is to cooperate in a wildlife damage management project as described in the attached Work Plan. ARTICLE 2 APHIS WS has statutory authority under the Act of March 2, 1931 (46 Stat. 1468; 7 USCA 8351-7 USCA 8352) as amended, and the Act of December 22, 1987 (101 Stat. 1329-331, 7 USCA 8353), to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety. ARTICLE 3 APHIS WS and City of Waterloo mutually agree: 1. The parties' authorized representatives who shall be responsible for carrying out the provisions of this Agreement shall be: CITY OF WATERLOO: Todd Derifield, Assistant Director 1101 Campbell Avenue Waterloo, IA 50701 APHIS WS: Travis Guerrant, State Director USDA, APHIS, WS 1714 Commerce Court, Suite C Columbia, Missouri 65202 2. To meet as determined necessary by either party to discuss mutual program interests, accomplishments, needs, technology, and procedures to maintain or amend the Work Plan (Attachment A). Personnel authorized to attend meetings under this Agreement shall be Todd Derifield or his/her designee, the State Director or his/her designee, and/or those additional persons authorized and approved by Todd Derifield and the State Director. 3. APHIS WS shall perform services more fully set forth in the Work Plan, which is attached hereto and made a part hereof. The parties may mutually agree in writing, at any time during the term of this Agreement, to amend, modify, add or delete services from the Work Plan. Page 463 of 661 ARTICLE 4 City of Waterloo agrees: 1. To authorize APHIS WS to conduct direct control activities to reduce human health and safety risks and property damage associated with wild animals and birds. These activities are defined in the Work Plan. APHIS WS will be considered an invitee on the lands controlled by City of Waterloo. City of Waterloo will be required to exercise reasonable care to warn APHIS WS as to dangerous conditions or activities in the project areas. 2. To reimburse APHIS WS for costs of services provided under this Agreement up to but not exceeding the amount specified in the Financial Plan (Attachment B). City of Waterloo will begin processing for payment invoices submitted by APHIS WS within 30 days of receipt. City of Waterloo ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. 3. To designate to APHIS WS the City of Waterloo authorized individual whose responsibility shall be the coordination and administration of activities conducted pursuant to this Agreement. 4. To notify APHIS WS verbally or in writing as far in advance as practical of the date and time of any proposed meeting related to the program. 5. APHIS WS shall be responsible for administration and supervision of the program. 6. There will be no equipment with a procurement price of $5,000 or more per unit purchased directly with funds from the cooperator for use solely on this project. All other equipment purchased for the program is and will remain the property of APHIS WS. 7. To coordinate with APHIS WS before responding to any media requests related to project work. 8. The Cooperator will not be connected to the USDA APHIS computer network(s). ARTICLE 5 APHIS WS Agrees: 1. To conduct activities at City of Waterloo as described in the Work and Financial Plans. 2. Designate to City of Waterloo the authorized APHIS WS individual who shall be responsible for the joint administration of the activities conducted pursuant to this Agreement. 3. That the performance of wildlife damage management actions by APHIS-WS under this agreement is contingent upon a determination by APHIS-WS that such actions are in Page 2 of 6 Page 464 of 661 compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable federal statutes. APHIS-WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance. 4. To bill City of Waterloo for actual costs incurred by APHIS WS during the performance of services agreed upon and specified in the Work Plan. APHIS WS shall keep records and receipts of all reimbursable expenditures hereunder for a period of not less than one year from the date of completion of the services provided under this Agreement and City of Waterloo shall have the right to inspect and audit such records. 5. To coordinate with City of Waterloo before responding to any media requests related to project work. ARTICLE 6 This Agreement is contingent upon the passage by Congress of an appropriation from which expenditures may be legally met and shall not obligate APHIS upon failure of Congress to so appropriate. This Agreement may also be reduced or terminated if Congress only provides APHIS funds for a finite period under a Continuing Resolution. ARTICLE 7 Nothing in this agreement shall prevent APHIS-WS from entering into separate agreements with any other organization or individual for the purpose of providing wildlife damage management services exclusive of those provided for under this agreement. ARTICLE 8 Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be admitted to any share or part of this Agreement or to any benefit to arise therefrom. ARTICLE 9 This agreement is not a procurement contract (31 U.S.C. 6303), nor is it considered a grant (31 U.S.C. 6304). In this agreement, APHIS-WS provides goods or services on a cost recovery basis to nonfederal recipients, in accordance with all applicable laws, regulations and policies. ARTICLE 10 APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680). Page 3 of 6 Page 465 of 661 ARTICLE 11 The United States Department of Agriculture prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. Not all prohibited bases apply to all programs. ARTICLE 12 This Cooperative Service Agreement may be amended at any time by mutual agreement of the parties in writing. Also, this Agreement may be terminated at any time by mutual agreement of the parties in writing, or by one party provided that party notifies the other in writing at least 120 days prior to effecting such action. Further, in the event City of Waterloo does not provide necessary funds, APHIS WS is relieved of the obligation to provide services under this agreement. In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury requires a Taxpayer Identification Number for individuals or businesses conducting business with the agency. City of Waterloo Federal Taxpayer Identification Number (TIN) 42-6005327 APHIS Federal Tax Identification Number (TIN) 41-0696271 BY: BY: CITY OF WATERLOO Todd Derifield, Assistant Director City of Waterloo 1101 Campbell Avenue Waterloo, IA 50701 Date UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Travis Guerrant, MO/IA State Director USDA, APHIS, WS 1714 Commerce Ct., Suite C Columbia, MO 65202 Date Page 4 of 6 Page 466 of 661 ATTACHMENT A WORK PLAN Introduction The U.S. Department of Agriculture (USDA) is authorized to protect American agriculture and other resources from damage associated with wildlife. Wildlife Services' activities are conducted in cooperation with other Federal, State and local agencies; private organizations and individuals. The APHIS WS program uses an Integrated Wildlife Damage Management (IWDM) approach (sometimes referred to as IPM or "Integrated Pest Management") in which a series of methods may be used or recommended to reduce wildlife damage. These methods include the alteration of cultural practices as well as habitat and behavioral modification to prevent damage. However, controlling wildlife damage may require that the offending animal(s) are killed or that the populations of the offending species be reduced. Purpose The City of Waterloo has requested APHIS WS's assistance to resolve human health and safety and property damage issues cause by American crows. Droppings from these birds accelerate the deterioration of buildings and increase the cost of maintenance. These birds may also carry and spread numerous diseases including, salmonella, encephalitis, and histoplasmosis to people through their droppings. Other species of concern may also be addressed at the request of the City of Waterloo. Planned USDA, APHIS, Wildlife Services Activities APHIS WS program, in cooperation with the City of Waterloo, will implement direct control activities on urban properties designated by the City of Waterloo in Waterloo, Iowa. WS will utilize an Integrated Wildlife Damage Management approach to reduce the presence of American crows, rock pigeons, and Canada geese. Control techniques may include, but are not limited to: trapping, effigy, laser, propane cannon, electronic scare devices, pyrotechnics, cannon netting, toxicant, and shooting (pellet rifle). APHIS WS personnel may also recommend habitat modification or exclusionary techniques that the City of Waterloo could implement if it was determined that it would be more effective in a particular situation. Non -lethal techniques will be primarily implemented and reinforced with limited lethal control. Effective Dates The cooperative service agreement shall commence June 1, 2023, and expire June 30, 2024. Page 5 of 6 Page 467 of 661 ATTACHMENT B - FINANCIAL PLAN For the disbursement of funds from City of Waterloo - Waterloo, IA to USDA APHIS Wildlife Services for Minimizing wildlife -related property damage & risk to human health and safety from 06/01/2023 TO 06/30/2024 Cost Element Full Cost Personnel Compensation $15,585.66 Travel $6,084.00 Other Services $0.00 Supplies and Materials $1,674.53 Equipment $250.00 Subtotal (Direct Charges) $23,594.18 Pooled Job Costs 11.00% $2,595.36 Indirect Costs : otal 16.15% $3,810.46 $30,000. The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose of this agreement, but may not exceed: $30,000.00 * APHIS charges Indirect Costs to recover administrative costs associated with performing program work. Such costs may include office expenses, billing and collections, computers, National Environmental Policy Act (NEPA) compliance, training, and other mandatory requirements in support of the program but not specific to work on individual projects. Financial Point of Contact City of Waterloo Todd Derifield APHIS WS: Julie Quevreaux Phone: 319-291-4370 Email: todd.derifield@waterloo-ia.org Phone: Email: Fax: 573-449-3033 x10 WSMOAdmin@usda.gov 573-449-4382 Page 6 of 6 Page 468 of 661 • f 7 1 I 1,:. 11. ,� ... �W May 15, 2023 REQUEST: APPLICANT(S): 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: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: Request by 3-Stooges for an Encroachment Agreement to allow for the placement of a private storm sewer connection on the public right-of-way of Martin Road in the "M-2-P" Planned Industrial District, located in front of 1370 Martin Road. 3 Stooges LLC, PO Box 208, Waterloo, IA 50704 Request by 3-Stooges LLC for an Encroachment Agreement to allow for the placement of a private storm sewer connection in the public right-of-way of Martin Road. The request for an Encroachment Agreement will not have a negative impact on the surrounding neighborhood. The request for an Encroachment Agreement would not appear to have a negative impact on vehicular traffic in the area as the Encroachment Area will not impact the use of the area for City right-of-way. There are no sidewalks along Martin Road. The nearest trail is the Sergeant Road Trail, which is located 840 feet to the west. The area is industrial and does not contain any sidewalks. The site is zoned "M-2,P" Planned Industrial District and has been zoned as such since the adoption of the Zoning Ordinance 4690 on May 3, 2004, when it was rezoned from "U-1" Unclassified District. Neighboring land uses and zoning: North and South— Industrial, Zoned "M-2,P" Planned Industrial District. West — Industrial and Agricultural, Zoned "M-2,P" Planned Industrial District, "A-1" Agricultural District and "B-P" Planned Business District. East — Industrial, Zoned "M-1" Light Industrial District. The request would not require any buffering by ordinance standards. The proposed Encroachment Area would not appear to have a negative impact on drainage, as the purpose of the encroachment is to improve the drainage for the area. Industrial properties were developed in the area between 1980 and 2022. Encroachment Area- 1370 Martin Road Page 1 of 4 Page 472 of 661 May 15, 2023 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND -USE PLAN: This area is located in the 100-year flood plain or special flood hazard area as indicated by the Flood Insurance Rate Map No. 1900025 0282F. All buildings placed on the site will need to be elevated to one foot above the base flood elevation to come into compliance with the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program (NFIP). There are no schools in the immediate vicinity. There is an 8" sanitary sewer main, 16" water main, and a 20" storm water main along Martin Road. The 6" private storm sewer will be placed within the city's public right-of-way. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with the Future Land Use Map and Comprehensive Plan. Picture 1: Approximate area of encroachment agreement. Encroachment Area- 1370 Martin Road Page 2 of 4 2 Page 473 of 661 May 15, 2023 Picture 2: Looking northwest toward the existing buildings. Picture 3: Existing Buildings Encroachment Area- 1370 Martin Road Page 3 of 4 3 Page 474 of 661 May 15, 2023 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: The applicant is requesting an Encroachment Agreement in order to place a private 6" storm sewer in the public right-of- way. The applicant worked with the engineering department to determine how much right-of-way the city can have an encroachment area and maintain existing utilities. There are no sidewalks along Martin Road due to it being an industrial area that contains no residential properties. The Planning and Zoning Commission unanimously approved the request at their regular meeting on April 11, 2023. The applicant is not looking to subdivide the property at this time. Therefore, staff recommends the Request by 3-Stooges for an Encroachment Agreement to allow for the placement of a private storm sewer connection on the public right-of-way of Martin Road, located in front of 1370 Martin Road in the "M-2- P" Planned Industrial District 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 on vehicular or pedestrian traffic in the area. 3. The Encroachment area does not impact the use of the area for right-of-way purposes. Encroachment Area- 1370 Martin Road Page 4 of 4 4 Page 475 of 661 City of Waterloo City Council May 15, 2023 • Fck wk Creek A-1 M-2,P KATO SKI R R-R A-1 0 M-2, A ATHENS DR B-P CYCLONE DR 0 I0 0 TITAN TRAIL 0 1 .1 .177M= A-1 Blac C M-1 MA IN RD 63 C-2 R-4 II Greenbelt Lake eO APRIL ST 0 a MAY ST O J HOLLYWOOD AVE CARRINGTON STEWART AVE PARKHAVEN > DR W. 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A 9K G4RN `9 ( ASS S9 R1 W RAN MARNAN DR RIDGE OLYMP In front of 135o Martin Road Encroachment Agreement 3 Stooges, LLC 5 PfAnr 47F of R,R,1 City of Waterloo City Council May 15, 2023 Area of Encroachment Agreement Property Proposing Encroachment Agreement In Front of 135o Martin Road Encroachment Agreement 3 Stooges, LLC 6 Ppge 477 of RF1 rOJD —I m�� m-Io =X- z I r D 2= O N E 0 <D U) P W moo m OHO D+ - 2 -1 Z m Z DS5WPD Fri T�DfT10 m0� m OX-1 •C NrWD= Z0D 0� � mcn CO rZr O < (±) y C Z � O U) O --O o C D m 0 • 0 -I- 2 0 m 70 m SZ U) ✓ • ST—P11 38' 8" PERF HDPE AT 0.9%J D r ✓ 03 D 0 T1 ✓ m 0 > W <OJ Z D D D m0 _ — — - - D r1-• r cnD W D row Pi m co 0 P1— D mm0 zr r 0 0 m m z 0 O Z 2 D > • 0 x z - on<K4 D0DD' <Zz) - FriOZ0 cMZ z0�r 0 - 1 C D D r < 0 0v)-1m 0 m (./)0U) 0 m Z 2 D DO-1mr CD :C cmmm nx0 r > (n Zm D m ° —1 0 2 0Zm m -0 D O D U o 2j 0 zOpZD GJ070700 -10OZ D Z S D 0i00 o m D = 0m D �m1Zm 0><>0X _ Z -H Z 2 p Z DOm�c� m *D P1 m .Z• m NJ D • m <i 2 m 0 • m O Z — P1 vi 0 OZD -92o D0 m Z mmm Nm� P1 0 0 -0 C m CO -< OJ m 0 0 D O� mm - TI m oo m �0 co cn ZD < O Z m Dm m� Ou) 0 / / - �o J. / a / 0.1. / / / ate' �aoa5 / 9 ,06 01d-1 %6'0 1V 3dGH J83d ST—P9 116° 8" PERF AT 0.94% 1n O Z -n Z II II CD CO 0 En w .1D OU1Z O < D Z C OD <20-<0 C m -< - -ID °O(m 0 70 1 -/Dr • <mr TI • 0 m o z z Cm 3T—P8 30' 8" PERF AT 0.947 Z -1 «� j I W W N OHD OHD 1;; �r 1 TEL - oa 5 m 11 ! m T 9 _• 16" WATER MAIN= _ _ _8� _ _ -_—> 8�= MARTIN ROAD (PCC 24' E-E) =01m>33m D 55 T3 xi o (mn 3`W 0ff\TT77 -0 NAZm n O CD 0) o-< wv / Z 0 H m U) co 70(n / I N - / y AO 1N31/13AVd 30d 1N31^13AVd 00d / I w zAmm < CZ) II II x CO CO W paX (0(• (7Z P3-125' 8" PERF AT 0.78% N I Z-nc0 00 03 ff) O Oj1 4 . I'3 OHD • D X X / D O 1p—Im / rk POm / ? C- p / ate`• r o D OD0D -0 r-0/ R11 . / / P4-64' 6" PERF AT 0.78% la / 1N3kN AVd 00d 0 O 1 /� 0 0 P5-112' co Z CnI < _ • u CD OD cn ON cn WN " PERF AT 0.78% OHD 1 OHD < 0 11 co 16" WAT (n o N _ N OCZm13D -1-1mZ--------- I I S" rn< x I*7 A z z z O A0CG) II DD II > - W m73° (31 omO rn Cll 0 0-I-0 W p m () 0 Construction Site Plan for 3 Stooges, LLC Storm Sewer, Sanitary and Water Plan CD Lot 2, Brock Third Addition, Except the North 150' Waterloo, Iowa PG. • DR DATE FILE NO CK'D WIC DATE 11.22.21 DATE PLOTTED: 03.22.22 FILENAME'3stooaesmartlnrd dwq REVISIONS 1 D3-22-22 corrected pipe labels for P8 thru P12 and pipe sizes for renamed pipes PB thru P11 2 03-02-23 Raised Bldg 3 FFE to 862.5. Added Stm P11A and P11B N r O z m O) O m D 0 Do CWayne ClaassePrMaisiteroing and ESurveying, Inc. 2705 University Avenue Phone: (319) 235-6294 Waterloo, lowa 50701 7 Page 478 of 661 0 20' 40' PROPOSED BLDG 3 FFE=862.5 BFE=860.6 SOUTH LINE, LOT 2, BROCK 3rd ADDITION 3 Stooges, LLC Storm Sewer Encroachment Into Martin Rd R/W Plan Lot 2, Brock Third Addition, Except the North 150' Waterloo, Iowa EAST LINE, LOT 2, BROCK 3rd ADDITION BK. PG. DR DATE FILE NO. CK O WIC DATE DATE PLOTTED: 03,06.23 FILENAME3stooassmartlnrd.dw4 REVISIONS 1 03-22-22 corrected pipe labels for PB thru P12 and pipe sizes for renamed pipes PB thru P11 2 03-02-23 Raised Bldg 3 FFE to 1362.5, Added Stm P11A and P11B 36'± J W PROPOSED STORM SEWER PROPOSED 16 DIA STO M 3'f 1 I PROPOSED 'STORM 3. PROPOSED 6" NLET SEWER SEWER NLET DI4 STORM SEWEf1 1 1 16" WATER MAIN CWayne Claasse ° Prms eand Surveying, Inc. 2705 University Avenue Waterloo, Iowa 50701 �i Phone: (319) 235-6294 8 Page 479 of 661 ENCROACHMENT AGREEMENT Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT AGREEMENT is entered into by and between 3 Stooges LLC, hereinafter "3 Stooges", and the City of Waterloo, Iowa, hereinafter "City" this day of WHEREAS, 3 Stooges is the owner of real estate commonly known as 1330 -1370 Martin Road, Waterloo, Iowa 50704 and described as Lot 2 of Brock Third Addition except the North 150 feet thereof, in the City of Waterloo, Black Hawk County, Iowa, hereinafter "3 Stooges Property"; and WHEREAS, 3 Stooges is proposing to construct and maintain a private sanitary sewer line on a portion of Martin Road, City owned Right -of -Way, hereinafter "Encroachment" that will encroach into City right-of-way; and WHEREAS, for the benefit of "3 Stooges Property, 3 Stooges is requesting to allow said Encroachment within a portion of said City Right -or -Way along Martin Road as shown on the attached Exhibit "A"; and WHEREAS, the City is willing to allow said Encroachment into said Right -of -Way as shown on attached Exhibit "A" (hereinafter the "Encroachment Area"), subject to the following agreement regarding each party's rights. THEREFOR IT IS NEARBY AGREED by and between the parties as follows. 1. 3 Stooges hereby recognizes and reaffiu us, said Right -of -Way, and claims no rights or privileges therein except to the limited extent provided for in this agreement. 2. The City grants 3 Stooges the right to place and maintain said Encroachment in said Encroachment Area, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over, under and upon said Right -of -Way, expressly recognizing and acknowledging that any damage that occurs to said Encroachment will be the sole risk and expense of 3 Stooges and all successors or assigns, including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement needs the Encroachment to be temporarily moved for access to said Right -of -Way, 3 Stooges and all successors or assign shall move said improvements in the Encroachment Area if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise shall or right-of-way License Agreement be authorized to move said Encroachment and assess any costs for moving against 3 Stooges or any successors or assigns, or against 3 Stooges Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by 3 Stooges Property, or any successors or assigns, and said Encroachment continues to exist, and that this agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the 3 Stooges Property and runs with the land. It is further understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to permanently remove to 3 Stooges, or any successors and assigns, and that 3 9 Page 480 of 661 Stooges, and any successors and assigns agree to remove said Encroachment(s) prior to the end of the 60 days notice and termination of this agreement. If 3 Stooges, or any successors and assigns fail to remove said Encroachment upon termination of this agreement, 3 Stooges, or any successors and assigns authorize the City of Waterloo to remove said Encroachment and assess costs to 3 Stooges, or any successors and assigns, or against 3 Stooges Property. 4. 3 Stooges, and all successors and assigns shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and its officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or right-of-way License Agreement from and against any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) arising out of the use, maintenance, or removal of said Encroachment, including but not limited to any damage to said Encroachment. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to the subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon parties and their respective transferees, successors, heirs, and assigns. Time is of the essence in observing the terms of this agreement. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized officers as of the date first set above. 3 Stoo es LLC By: Its: City of Waterloo: By: Quentin Hart Its: Mayor Attest: Kelly Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ) SS. On this277'4day of 202-3 be re me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ,ur b.vo�J) n_se4FG\ to me known to be the identical persons named herein and who execute the fore oing instrument and owledged that they executed the same as their voluntary act and deed. *"444+ I TIM ANDERA COMMISSION NO. 772518 * * MY COMMISSION EXPIRES APRIL 11, 2024 STATE OF IOWA COUNTY OF BLACK HAWK ) SS. Notary Public This instrument was acknowledged before me on this day of May, 2023, by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. Notary Public 10 Page 481 of 661 5xkl,bl'f ,(I4„ ❑ 20' a0' PROPOSED BLDG 3 FFE=862.5 BFE=860.6 SOUTH LINE, LOT 2, BROCK 3rd ADD!TION 0 0 EAST LINE, LOT 2, BROCK 3rd 36'± /70'± Jr —PROPOSED —"T—PROPOSED MARTIN ROAD STORM SEWER NLET 6" DIA STORM SEWER PROPOSED STORM SEWER NLET PROPOSED 6" 1414 STORM SEWER 11 I I 2 X w r Wayne ciaasae°rr0.argailerzing and surveying. Inc. Lot 2, Brock Thad Addition Except the North 150' Tog IT ITT.. •e- P. Tu IT 1J Z705 Onl uYlt7 Avers Waterloo. Imo 30701 ,YM--N .T M i ,....ZA TTS r'/ Phone IB) �3362Ga Waterloo, lowa ��', '' j.\� J 3 Stooges, LLC Storm Sewer Encroachment Into Marian Rd R/W Plan °"'"`°"° 1 ° w.0 M. Mtm.r 11 Page 482 of 661 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 D Offer to Vacate and Purchase City Right -of -Way Request to Vacate Easement, Vacate Sidewalk, or Encroaclrrnent A reemerrt ❑ Sale of City-OwneddProperty Applicant {Business Name if Applicable: 3 0°9e r Address: p. 0 . aok g-0K W k4 er as 1, x s`9701 Phone No.: 1 -- L//S - SCP7 b Email: Y12� General Description of Property to Vacated (i.e.- a ley between A St. & B St., South of C St.): 1370 fM t;n ro f,lt fr7/ �y Legal description of area to be conveyed, vacated, or encroached: / 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation -- One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: if the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.) • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions — Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not he forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. �ot1y F{rt�1e�,�' 3 2a-.23 plic t Print Name( Date *Not required for easement iv cates sidewalk vacates or Encroachment Agreements 12 Page 483 of 661 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving a contract with HRGreen to conduct a Phase I Environmental Site Assessment on four (4) parcels owned by Black Hawk Machinery Sales, Inc., generally located at or adjacent to 54 Lane Street, in an amount not to exceed $3,900.00, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to enter into a contract with HRGreen to conduct a Phase I Environmental Site Assessment on four parcels owned by Black Hawk Machinery Sales, Inc., generally located at or adjacent to 54 Lane Street in the amount of and not to exceed $3,900.00, and authorize Mayor to execute said contract. This report will determine if there are any contaminants on site and if it is necessary that the City has to apply for an EPA Brownfield Cleanup Grant to make the site developable. The report could come back that no further testing is required and it is planned to demolish the building. The contract also includes a vacant lot at the southwest corner of Mulberry Street and Lane Street, which is shown on the attached map. NEIGHBORHOOD IMPACT This building has been deteriorating and the possible removal of the structure would make a readily available site in the Rath Neighborhood and new development would have a positive impact on the area. DATA, ANALYSIS, AND STRATEGIES The City has a master plan for the Rath Neighborhood and part of that plan includes the removal of blight to encourage new development in an area that was once a major employment district before Rath Packing closed in 1985. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Rath TIF Page 484 of 661 ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 1, 2 and 3, the South 40 feet of Lots 4 and 5, the East 40 feet of Lot 7, Lots 8, 9 and 10, excepting the right-of-way of the Illinois Central Railroad Company, and the East 220 feet of the vacated alley, all in Block 14, Lane and Fowlers Second Addition to the City of Waterloo, Black Hawk County, Iowa AND Lot 1 and that part of Lots 2 and 3, Block 15, Lane and Fowlers Second Addition to the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast comer of said Block 15; thence South along the Easterly line of said Block, 94 feet; thence West 145.25 feet; thence North 94 feet to the North line of said Block; thence East along the North line of said Block to the place of beginning. AND Lot No. 6 and a part of Lot No. 7 all in Block No. 14, in Lane and Fowlers Second Addition to the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Northwest comer of said Lot No. 7, thence East along the North line of said Lot No. 7 to a point that is 20 feet East of said Northwest corner; thence South along a line that is parallel with the West line of said Lot No. 7 to the South line of said Lot No. 7; thence Northwesterly along the Southerly line of said Lot No. 7 to the Southwest comer of said Lot No. 7; thence North along the West line of said Lot No. 7 to the point of beginning. ATTACHMENTS 1. 54 Lane St Phase I ESA Contract 2. Aerial Map Page 485 of 661 HRGreeno Simple Scope Short Form Agreement Project: Phase I ESA - Former Altstadt & Langlas Baking Co. Client: Contact: Title: Address: City/State/Zip: Phone/Email/Fax No. City of Waterloo Noel Anderson Project No: 2302615 Phase No(s).: N/A Date: 04/19/23 Community Planning and Development Director 715 Mulberry Street Waterloo, IA, 50703 319-291-4366 The CLIENT agrees to employ HR Green, Inc. (COMPANY) to perform the following services: Complete a Phase I Environmental Site Assessment (ESA), per ASTM 1527, on four (4) parcels owned by Black Hawk Machinery Sales Inc. generally described as 54 Lane Street in Waterloo, Black Hawk County, Iowa. CLIENT will provide COMPANY with access to the SITE, a copy of the title history report/opinion of title for the SITE, and contact information for the current owner of the SITE. CLIENT will also complete a User Questionnaire. The Phase I ESA report will be made available to CLIENT no later than 30 days following execution of the contract. The schedule may be adjusted for items outside of COMPANY's control (ex: delayed response to records requests, interview, or site access) and CLIENT will be notified if any delays are encountered. The CLIENT agrees to pay COMPANY for the above scope of services: Time & Material, Not to Exceed in the amount of $3,900 ❑ Reimbursable Expenses Included ❑ Sub -Consultant Services Included ❑ Prepayment Required for Services to Commence Version2.1 02052021 Page 486 of 661 H RGreen Copy To: ® Accounting TERMS AND CONDITIONS Short Form AGREEMENT Phase I ESA -Former Altstadt & Langlas Baking Co. 2302615 April 19, 2023 Page 2 of 3 Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. Nothing contained in this AGREEMENT shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. COMPANY's services under this AGREEMENT are being performed solely for the CLIENT's benefit, and no other party or entity shall have any claim against COMPANY because of this AGREEMENT or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all agreements with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to non -binding mediation unless the parties mutually agree otherwise. The CLIENT and COMPANY further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub -consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. If litigation arises for purposes of collecting fees or expenses due under this AGREEMENT, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by COMPANY as instruments of service shall remain the property of COMPANY. All project documents including, but not limited to, plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorneys' fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY, and the COMPANY makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, COMPANY reserves the right to remove itself from ownership and/or involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY in electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by COMPANY without COMPANY's express written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore, the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims, injuries, damages, losses, expenses, and attorneys' fees arising out of the modification or reuse of these materials. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's agreement with the general contractor. The CLIENT also agrees that the CLIENT, COMPANY and COMPANY's consultants shall be indemnified and shall be made additional insureds on the general contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. Version2.1 02052021 Page 487 of 661 HRGreen„, Short Form AGREEMENT Phase I ESA -Former Altstadt & Langlas Baking Co. 2302615 April 19, 2023 Page 3 of 3 The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of COMPANY and COMPANY's officers, directors, partners, employees, shareholders, owners and sub -consultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and sub -consultants to all those named shall not exceed $ 10,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, COMPANY may, without waiving any claim or right against the CLIENT, and without liability whatsoever to the CLIENT suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorneys' fees. The COMPANY is not a Municipal Advisor registered with the Security and Exchange Commission (SEC) as defined in the Dodd -Frank Wall Street Reform and Consumer Protection Act. When the CLIENT is a municipal entity as defined by said Act, and the CLIENT requires project financing information for the services performed under this AGREEMENT, the CLIENT will provide the COMPANY with a letter detailing who their independent registered municipal advisor is and that the CLIENT will rely on the advice of such advisor. A sample letter can be provided to the CLIENT upon request. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Services will not begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. CITY OF WATERLOO, IOWA HR GREEN, INC. 8710 Earhart Lane SW Cedar Rapids, IA 52404 319-841-4374 Accepted by: Approved by: Printed/ Printed/ Typed Name: Quentin M. Hart Title: Mayor Date: Typed Name: Stacy E. Woodson Title: Vice President Date: 4/19/2023 Version2.1 02052021 Page 488 of 661 Cit11 of Waterloo, Iowa Page 489 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving an extension of a lease agreement with Aspro, Inc., for mining in the Riverview Recreation Area for another ten (10) years, at a rate of five (5) percent of Aspro's average net selling price, with a minimum of $5,000.00 per year, located west of 3505 Easton Avenue, Waterloo Waste Treatment Plant, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo has had a lease agreement with Aspro to mine areas in the Riverview Recreation Area since 1999 and they have exercised options to extend the lease agreement in the past. Transmitted is another lease agreement to extend their mining rights until December 31, 2033. Aspro utilizes the product they mine for fill for such things as road construction projects, and this also enlarges lakes in the area for recreation purposes. The area being mined is detailed in Exhibit "A" that is attached to this transmittal. NEIGHBORHOOD IMPACT Aspro has been leasing land since 1999 and there have been no known impacts to the surrounding area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES None ALTERNATIVE ACTION Page 490 of 661 LEGAL DESCRIPTION ATTACHMENTS 1. Lease Agreement 2. Exhibit "A" Page 491 of 661 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. (319) 234-5701 PROFIT A PRENDRE AGREEMENT This Agreement is entered into as of January 1, 2023, by and between the City of Waterloo, Iowa ("City") and Aspro, Inc., an Iowa corporation ("Aspro"). RECITALS WHEREAS, City owns certain property commonly known as the Riverview Recreation Area, which has plentiful minerals upon it; and WHEREAS, City has a need to develop those areas as part of the Riverview Recreation Area; and WHEREAS, Aspro is willing and able to mine stone, sand, gravel and overburden from the areas owned by City and, at the same time, meet the needs of the City. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: 1. Subject Areas. The subject of this Agreement is two areas in the Riverview Recreation Area as shown on attached Exhibit "A" (the "Premises"). 2. Grant of Rights. In consideration of the sum of Five Thousand Dollars ($5,000.00), which sum is to be considered advance royalty and shall be deducted from the first sales made until the royalty account is balanced, and on and subject to the terms and conditions provided in this Agreement, City hereby grants to Aspro all stone, sand, gravel and overburden in, on and under the Premises, and the exclusive right to sample, drill and test for, develop, mine, quarry, extract, process, sell and remove them during the term of this Agreement. 3. Term and Request to Renew. The term of this Agreement shall begin on January 1, 2023 and end December 31, 2033. Aspro may request to renew this Agreement for an additional 10-year term by delivering to City written notice of its intent no later than November 1, 2033. The decision to renew this Agreement shall be at the sole discretion of City. However, City shall not unreasonably withhold its consent. Page 492 of 661 4. Payments. On the first day of each month, Aspro shall pay royalties to City for all material sold from the Premises at the rate of five percent (5%) of Aspro's average net selling price until the expiration or termination of this Agreement, whichever may occur first. The term "average net selling price" as used in this paragraph shall mean Aspro's weighted average unit selling price, F.O.B. its plant, per ton of material mined, quarried or extracted and sold and removed from the Premises and for all overburden sold and removed from the Premises by Aspro after deducting therefrom its reasonable transportation charges, discount and sales returns and allowances. For each calendar year of this Agreement, there shall be a minimum annual royalty of Five Thousand Dollars ($5,000.00) for all material sold from the Premises. On or before February 15 of the succeeding year, Aspro shall determine if the minimum royalty has been satisfied for the prior year. Any difference owned City shall be paid by Aspro on or before March 1 of that succeeding year. Aspro shall furnish to the City an accurate written statement of all quantities of material sold from the Premises during each calendar month. Royalty payments shall be made within twenty (20) days after the close of each month, or interest shall accrue at the rate of one and one-half percent (1 %%) per month. City shall have the right at all reasonable times to examine Aspro's sales records relating to any material sold from the Premises during the Agreement term in order to verify the amount of stone, sand, gravel or overburden removed and sold from the Premises. City shall have the further right to measure and calculate all stone, sand, gravel or overburden rnined from the Premises, which shall be conducted at any reasonable time. 5. Operations. Aspro's operations on the Premises shall be conducted in a workmanlike and commercially reasonable manner, in compliance with all applicable laws, ordinances, rules and regulations, but at times and in a manner to be determined by Aspro in its reasonable discretion. Aspro shall have the right to install, construct, operate, maintain, dismantle and remove all plants, dredges, machinery, equipment, improvements and other facilities, including without limitation any roads, rail lines, pipelines, power lines, telephone lines, water courses, dams, ponds, and stockpile areas on the Premises and any right-of-way included therein. Aspro shall have the right, during the term of this Agreement and without further payments to City (unless the same is sold), to strip and remove overburden on and from the Premises, and otherwise to use the occupy the Premises all as reasonably required in connection with mining, quarrying extracting, processing, storage, sale and the removal of stone, sand, and gravel in, on, under or from the Premises. If Aspro removes any material from the Premises for purposes of stockpiling it elsewhere, it shall report to City in writing the quantities and types of material so moved. Sale of any material stockpiled off -site shall be subject to the payment of royalties and related reporting as provided in Section 4. 6. Liabilities. Aspro assumes any and all liability which may arise as a result of this Agreement and/or its mining, extracting, storage, processing, quarrying, storage, or removal of stone, sand, gravel, and other minerals on the Premises. Aspro shall name City as an additional insured for any and all liabilities which may arise out of its presence on the Premises as well as this Agreement, and to that end shall maintain a minimum of Three Million Dollars ($3,000,000.00) for said liability coverage. A certificate of insurance shall be furnished to City 2 Page 493 of 661 on an annual basis, and said insurance may not be canceled without at least thirty (30) days' prior written notice to City of said intent. In the event the insurance required by the Agreement is canceled, City, at its sole discretion, may immediately terminate this Agreement without any liability whatsoever, and Aspro shall be liable to City of any and all amounts it owes up to the date this Agreement is terminated. 7. Indemnification. Aspro agrees to indemnify, defend and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, causes of action, fines, fees, penalties, costs, damages and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees and expenses, whether sounding in tort, contract or otherwise, in law or in equity, arising from or in any way connected with the acts or omissions of Aspro, its officers, employees or agents, in or upon the Premises or other parts of the Riverview Recreation Area. 8. Ownership. City represents and warrants that it has good and marketable title to the Premises and to its stone, sand and gravel and the unrestricted right to enter into and fully perform this Agreement, and that Aspro shall have the undisturbed enjoyment of its rights in and to the Premises provided for in this Agreement. In the event that the Premises become subject to a mortgage or other lien, Aspro shall have the right, but shall not be obligated, to make for the account of City such payments as are necessary to discharge the mortgage or lien, or alternatively to prevent or remedy default in respect thereof, and the amounts of any such payments shall be applied to reduce any payments which Aspro is or thereafter becomes obligated to make to City under this Agreement. City will promptly notify Aspro of any default under and action to foreclosure any such mortgage or lien. 9. Termination. City shall have the right at its sole option to terminate this Agreement upon sixty (60) days' advance written notice to Aspro if Aspro fails to perform any of its obligations hereunder and such failure continues for a period of sixty (60) days after written notice by City to Aspro specifying the failure. If through no fault of Aspro such failure is impractical to correct within the 60-day cure period, City and Aspro shall meet to determine appropriate further action. If City is satisfied that Aspro in good faith and with due diligence is attempting to correct such failure, City may at its sole option choose not to terminate this Agreement. Aspro shall have the right to terminate this Agreement by giving sixty (60) days' advance written notice either (a) after the 5-year anniversary of the date of this Agreement, or (b) when Aspro determines in its sole judgment that the deposit is depleted of all salable stone, sand, or gravel in, on or under the Premises. 10. End of Term. Upon expiration or termination of this Agreement, Aspro shall dismantle and remove plants, machinery, equipment, improvements and other facilities installed or constructed on the Premises by Aspro. If Aspro desires to sell any stockpiled materials after expiration or termination, it shall remove such materials from the Premises within 30 days after termination or expiration and shall pay to City a royalty as set forth in Section 4. 3 Page 494 of 661 11. Notices. All notices required under this Agreement and payments to City shall be made by ordinary mail or personally delivered to the respective parties at their respective addresses as set forth below or to another address as later requested in writing by a party. For Aspro: Aspro, Inc. Attn: President 3613 Texas Street, P.O. Box 2620, Waterloo, IA 50704 Telephone number (319) 232-6537 For City: City of Waterloo Attn: Mayor, with copy to City Attorney 715 Mulberry Street, Waterloo, IA 50703 Telephone number (319) 291-4301 12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors. This Agreement may not be assigned by Aspro without the prior written consent of City. 13. Waiver of Lateral Support. City hereby confirms and agrees that Aspro has the right to mine, quarry and extract stone, sand, gravel and overburden through and across all common property lines between the Premises and other properties owned by City, and City waives any and all rights of lateral support with respect to the other properties owned by City insofar as such support may be affected by Aspro's operations. 14. Entire Agreement. This Agreement contains the entire agreement between the parties and it nor any part of it may be changed, altered, modified or limited orally or by any agreement between the parties unless such agreement is expressed in writing, signed and acknowledged by the parties. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Profit a Prendre Agreement by their duly authorized representatives, effective as of the date first written above. ASPRO, INC. CITY OF WATERLOO, IOWA By: Title: Vice rQS I`cle f By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk [acknowledgments on next page] 4 Page 495 of 661 STATE OF IOWA ) ss: -act 1\04+2.1\1.. COUNTY) Acknowledged before me on as (:) , c.e_. (\j`,c,.� .,4-- of Aspro, Inc. 40'4,9 CHRISTY JOHNSON z ¶ COMMISSION NO. 764029 * "H" * MY COMMISSION EXPIRES IOWA JULY 29, 2025 STATE OF IOWA ) ) ss: BLACK HAWK COUNTY ) , 2023 by Acknowledged before me on , 2023 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 5 Page 496 of 661 W4. h ▪ � City of Waterloo, Iowa 7 tl gore Base msP oats iswee le B1ACu Ha wceumy, Thnmap does not represent. suety no labady la neon. for the accuracy of dse don dewatsd herein, arbor *peas. or brpied *Sack Haxk Couray, me Blass Hs. Gassy Assessor, or then emp os The Cky. Waterl000Ukee m setardy, ecpreas ar irtpied. the occurs* of Ne n(omupan srmen on Ihia map. and expressly dscla:nn habits for the access* thereof. User. shoule refer to Glacial plats, suns,. recorded deeds, cc. located at the Block Has* Cathy Tssesst sCfice For rnnNere and accsrale rtornehon. W+E 0 125 25C Feet Pdye 497 of 661 Cali of Waterloo, Iowa Page 498 of 661 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023 by and between Prairie Rapids II, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct multiple apartment buildings and related improvements on property it owns or is acquiring in the City of Waterloo, legally described on Exhibit "A" attached hereto (the "Property"), and in support of said project Company is applying to the State of Iowa for tax credits and/or other available incentives under the Workforce Housing Tax Incentives Program. B. City considers residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Company. Company shall construct on the Property one or more multi -level apartment buildings that include a total of up to 48 one -bedroom units, completed to a finished state, including installation of driveway and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall 1 Page 499 of 661 comply with all applicable City ordinances and other applicable law. Company shall submit specific building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project". Company estimates that the total Project cost will be approximately $5.5 million. 2. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") submitted to the City, which Plans shall be subject to approval as provided in this Section. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. City shall approve the Plans in writing if: (a) the Plans conform to the terms and conditions of this Agreement; (b) the Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (c) the Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (d) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. Approval of Plans hereunder shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. The Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans in whole or in part, Company shall submit new or corrected Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans shall continue to apply until the Plans have been approved by the City; provided, however, that in any event Company shall submit Plans which are approved by City prior to commencement of construction 2 Page 500 of 661 of the Improvements. Approval of the Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans by City be deemed to constitute a waiver of any Event of Default. 4. Incentives. After the Improvements have been Substantially Completed, Company will be eligible for the following incentives (for purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed in accordance with the Plans or Modified Plans to the extent necessary for the City to issue a certificate of occupancy relating thereto): A. Grants. As provided in the City's infill housing policy, City will pay Company a grant of $5,000.00 for timely completion of each unit of the Improvements, for a total maximum incentive of $240,000.00, payable within sixty (60) days after City has verified that the Improvements have been Substantially Completed. 5. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until all of the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 6. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 3 Page 501 of 661 7. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 8. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence 4 Page 502 of 661 or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified party. The provisions of this Section shall survive the expiration or termination of this Agreement. 9. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; C. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; or (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment. D. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished 5 Page 503 of 661 by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 10. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 11. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 12. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in 6 Page 504 of 661 accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 13. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 211 1st Avenue SE, Suite A, Cedar Rapids I, Iowa 52401, Attention: Darryl High. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 7 Page 505 of 661 17. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 8 Page 506 of 661 CITY OF WATERLOO, IOWA PRAIRIE RAPIDS II, LLC By: By: Quentin M. Hart, Mayor Darryl High Attest: Kelley Felchle, City Clerk 9 Title: Page 507 of 661 EXHIBIT "A" Legal Description of Property Parcel "D" of Plat of Survey Doc. #2009-06842, being a part of the Northwest Fractional Quarter of Section 3, Township 88 North, Range 13 West of the 5th P.M., in the City of Waterloo, Black Hawk County, Iowa. 1 Page 508 of 661 Citij of Waterloo, Iowa Hi611 Development/Prairie Rapids Square II N W+E S Page 509 of 661 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023 by and between John & Dan Properties, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City to be a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is the owner of real property as described and set forth on Exhibit "A" attached hereto, located within the corporate limits of the City of Waterloo, Iowa (the "Property"). C. Company is willing and able to finance and construct the installation of roads, related infrastructure, and other improvements and to plat and subdivide the Property (collectively, the "Project") on the Property, which is located in the San Marnan Development Plan urban renewal area. D. In view of the Company's investment in assembling the Project and its commitment to develop the Property, the City desires to provide certain incentives to encourage the Company to facilitate timely development of the Property. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: Page 510 of 661 1. Improvements by Company. Company shall construct, or cause to be constructed, all streets, sewers, utilities, and water lines on the Property as generally depicted on Exhibit "B" attached hereto (all such street and infrastructure improvements and related site preparation, including, but not limited to, necessary grading, fill, and earth work for such street improvements, are referred to as the "Street Improvements"). Company shall provide all information requested by City that is reasonably necessary to verify that the Street Improvements were properly constructed and are eligible for acceptance. In addition to construction of the Street Improvements, Company shall plat and subdivide the Property into multiple lots for development by Company or by third parties and shall act with diligence to market said lots for sale and development. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the San Marnan Development Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Company submit specific designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Street Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 2. Construction Plans. Company agrees that it will cause the Street Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Street Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit Modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the Modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Street Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City. The Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City 2 Page 511 of 661 rejects the Modified Plans in whole or in part, Company shall submit new or corrected Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Modified Plans shall continue to apply until the Modified Plans have been approved by the City; provided, however, that in any event Company shall submit Modified Plans which are approved by City prior to commencement of construction of the additional or modified Street Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Street Improvements as constructed. 3. Timeliness. To be eligible for the incentives provided by this Agreement, Company must complete construction of all of the Street Improvements and must plat and subdivide the Property within twelve (12) months from the date of this Agreement. If all Street Improvements are not accepted by City within eighteen (18) months from the date of this Agreement, then the grant payments provided for in Section 4 shall be suspended until acceptance of the Street Improvements. City will accept the Street Improvements only if (a) Company has posted a two-year maintenance bond with respect to the Street Improvements or (b) Company has already entered into an agreement for completion of improvements that provides for such a bond. 4. Grants to Company. As an inducement for Company to undertake the Project, the City agrees to make development grant payments (each a "Grant") to Company as follows, subject to the other terms of this Agreement: A. A semi-annual Grant in an amount equal to 100% of the property taxes collected by City (excluding Non-TIF Collections as defined in paragraph 4.0 below) from land valuations on the subject properties and minimum assessment agreements for land valuation with a party making improvements on the Property (a "Developer") pursuant to a separate development agreement with City, reduced by any and all tax rebates that City is required to pay to the Developer pursuant to the terms of any development agreement with such Developer. For purposes of illustration only, if an agreement between City and a Developer provides for rebatement of 50% of qualifying property taxes for a period of five years, then Company would receive a Grant equal to the remaining 50% of qualifying property taxes in each year of such period. No Grant with respect to such Developer's improvements to a parcel of land for a project shall be made to Company before a property tax rebate is first paid to the Developer. At the end of the Developer's tax rebatement period, City will make a semi- annual Grant to Company in an amount equal to 100% of qualifying property 3 Page 512 of 661 taxes until Company has been paid pursuant to paragraph 4.F below. For purposes of this paragraph, the term "Developer" may include Company with respect to improvements made on the Property other than the improvements that are the subject of this Agreement. B. With respect to any taxable improvements constructed on the Property that are not subject to a separate development agreement between City and the owner -builder thereof (referred to as "Non -Qualifying Improvements", which are further explained below), a semi-annual Grant in an amount equal to 100% of the property taxes collected by City (excluding Non-TIF Collections), if not for the non -qualifying character of the improvements, starting in "Year One" and continuing thereafter until Company has been paid pursuant to paragraph 4.F below. The Grant shall be determined with reference to taxes paid on the increased valuation of the subject property over the base valuation as of January 1, 2022. For purposes of illustration, a "Non -Qualifying Improvement" means, generally, an improvement of a type that is not eligible for property tax rebates or similar incentives, such as property that is or becomes exempt from taxation, or other classifications of property determined from time to time as ineligible by City policy. "Year One" shall be the first year for which the assessment is based upon the partial or completed value of the Non -Qualifying Improvements, but not a prior year for which the assessment is based solely upon the value of the land. C. Expressly excluded from the above -described grant and rebate program is any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law (collectively, "Non-TIF Collections"). D. Grants to Company are payable in respect of a given year only to the extent that general property taxes that are due and owing for such year have actually been paid. The City will pay Grants semi-annually. The Company reserves the right to assign the semi-annual payments to a lender as an assignment of Grant payments. E. In respect of any Grant amount that is determined from time to time, payment shall be made within a reasonable time following the tax installment payment due date, provided that the tax installment was actually paid and Company has submitted proof of payment to City or has otherwise notified City of completed payment in a manner that is satisfactory to City. F. Notwithstanding anything to the contrary in this Section 4, City will pay to Company a minimum annual Grant amount of $40,000.00, but in no event will the cumulative amount of Grants payable by City to Company under this Agreement exceed $2,020,040.00 (the "Grant Maximum"), nor shall Grants be paid for a period longer than fifteen (15) years starting from the earlier of (i) "Year One" as defined in any development agreement described in paragraph A above or (ii) "Year One" as defined in paragraph B above. Said 15-year period shall commence only once with respect to all Grants that may be paid hereunder and 4 Page 513 of 661 shall not commence anew or separately with each development event that could provide funds for Grant payments. If the Grant Maximum has not been fully paid before the end of said 15-year period, then City will take necessary actions to extend or renew the tax increment financing district for an additional period sufficient to provide for such payment. G. Each Grant payment is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future Grant payments shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no event of default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the parties will negotiate in good faith how to continue development of the property. H. Notwithstanding the provisions set forth above, City shall have no obligation to make a payment of a Grant to Company if (i) at any time during the term hereof City fails to appropriate funds for payment; (ii) City receives an opinion from its legal counsel to the effect that the use of Tax Increments to fund a Grant payment to Company is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Iowa Urban Renewal Act or other applicable provisions of state law, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or (iii) City's ability to collect Tax Increment is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circumstances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Grant payments would otherwise have been paid to Company under the terms above, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the improvements and property in the San Marnan Development Plan area that are received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the San Marnan Development Plan. 5 Page 514 of 661 5. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 6. Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Until the Street Improvements are substantially completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Street Improvements. B. Company will cooperate fully with City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 7. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property and arising from construction activities or any defect in the design or construction of the Street Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Street Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation by Company of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the construction or installation of the Street Improvements by Company. 6 Page 515 of 661 B. The provisions of this Section shall survive the expiration or termination of this Agreement. 8. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 10. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Street Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; C. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its 7 Page 516 of 661 inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Property. D. Any representation or warranty made by Company or City in this Agreement, or made by Company or City in any written statement or certificate furnished by Company or City pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 11. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 8 Page 517 of 661 12. Materiality of Parties' Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of the parties to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for the other party to enter this Agreement. The parties acknowledge that without such promises, covenants, representations, and warranties, the other party would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, the other party may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 14. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 7404 University Avenue, Cedar Falls, IA 50613, facsimile number , Attention: Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 9 Page 518 of 661 16. Relationship of Parties. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 17. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 18. Severability; Reformation. Except as otherwise specifically provided for in this Agreement, each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 21. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 23. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, 10 Page 519 of 661 understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 24. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 11 Page 520 of 661 CITY OF WATERLOO, IOWA JOHN & DAN PROPERTIES, LLC By: By: Quentin Hart, Mayor Manager Attest: Kelley Felchle, City Clerk 12 Page 521 of 661 EXHIBIT "A" Legal Description of Property That part of the East One-half of the Northwest Quarter of Section 9, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, lying Southerly of the Southerly right-of-way line of San Maman Drive and lying Northerly of the Northerly right-of-way line of U.S. Highway #20, except that deeded in Doc. #2006-04226 and except that part of the Northeast Quarter of said Northwest Quarter condemned in Doc. #2006-18278 Page 522 of 661 Prepared by Christopher S. Wendland, P.O. Box 596 Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023 by and between David G. Chilcote (the "Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan area ("Urban Renewal Area"). B. Developer is willing and able to finance and erect structures and related improvements on property legally described on Exhibit "A" attached hereto (the "Property") located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Developer owns the Property. Developer will undertake the Project (defined below) upon the Property. Page 523 of 661 2. Improvements by Developer. Developer shall construct on the Property a commercial building of no less than 2,000 square feet, as well as related landscaping, storm water, paving, signage and parking improvements (collectively, the "Improvements"), in accordance with the Plans as provided in Section 3. Developer agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan applicable to the Property, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Developer submit specific building designs and site plans for City review and approval. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project." 3. Construction Plans. Developer agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Developer agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Developer shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Developer shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Developer of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Developer's Plans or Modified Plans fail to conform to 2 Page 524 of 661 the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Developer shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Developer of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Construction; Possibility of Termination. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to offer the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Developer has begun construction of the Improvements and will Substantially Complete construction by March 31, 2024 (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed pursuant to the Plans or Modified Plans to the extent necessary for City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. B. Events triggering termination. If Developer does not Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 17, and City shall then have no further obligation under this Agreement. In any circumstance where Developer's progress on the Project fails to meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 3 Page 525 of 661 5. Utilities. Developer will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Minimum Assessment Agreement. Developer acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Developer further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $300,000.00 (the "Minimum Actual Value"), through: either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Developer agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 6.1. Grant Payment. To assist Developer in defraying special costs arising from the Property's location in a flood plain, City will make to Developer a one-time grant payment in the amount of $183,276.70, payable within sixty (60) days after approval of the Development Agreement. 7. Tax Rebates. Provided that Developer has completed Substantially Completed the Improvements before the Completion Deadline, and subject to the other terms of this Agreement, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Five 80% rebate each year Year Six 40% rebate for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the initial base value of $31,080. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Developer has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Developer must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a G Page 526 of 661 Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event all Improvements on the Property are Substantially Completed prior to January 1, 2025 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2025 assessed value would be for the Fiscal Year ending June 30, 2027, with the taxes payable one- half by September 30, 2026 and one-half by March 31, 2027, then the first Rebate could be applied for after March 31, 2027 and prior to April 1, 2028. 8. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Developer as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. 5 Page 527 of 661 B. Notwithstanding the provisions of Section 7 hereof, City shall have no obligation to make a payment of a Rebate to Developer if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Developer, as contemplated under Section 7 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Developer. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Developer under the terms of Section 7, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Developer. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 9. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Developer if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Developer each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the expansion of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to 6 Page 528 of 661 fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Developer in Section 12 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Developer shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Developer, or a substantial decrease in the financing commitments secured by Developer for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Developer will be unable to fulfill its covenants and obligations under this Agreement. 10. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows with respect to each phase of Improvements: A. Developer agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Developer shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Developer with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Developer will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. 7 Page 529 of 661 E. Until the MAA termination date Developer will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Developer agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Developer agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until the MAA termination date Developer agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Developer's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Developer shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. Developer agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Developer, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8 Page 530 of 661 12. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. B. This Agreement has been duly and validly executed and delivered by Developer and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Developer that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. C. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. D. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. E. The financing commitments, which Developer will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Developer to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. 13. Indemnification and Releases. A. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any Toss or damage to property or any injury to or death of any person occurring at or about the Property arising after Developer's lease or acquisition of the same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its 9 Page 531 of 661 directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Developer against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or Project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Developer agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Developer agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 15. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. Notwithstanding the foregoing, Developer may mortgage the Property to a lender as security for financing of Project improvements, but for no other purpose. 10 Page 532 of 661 16. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Developer to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written consent of City except as authorized by Section 15 or otherwise as security for financing of Project improvements; C. Failure by Developer to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Developer (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Property. F. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 17. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer of the Event of Default, provided that by the conclusion of such period 11 Page 533 of 661 the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Developer before the date of termination as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Developer that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 18. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 19. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other 12 Page 534 of 661 person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at 414 Edwards Street, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) four (4) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 13 Page 535 of 661 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 27. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 30. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: DEV ER Quentin M. Hart, Mayor David G Chilcote Attest: Kelley Felchle, City Clerk 14 Page 536 of 661 Legal Description of Property Lot No. G in Subdivision of Lots Five (5) and Six (6) of Auditor's Bayou Plat in the City of Waterloo, Iowa, except that part thereof bounded as follows: Beginning at the most Easterly corner of said Lot; thence Northwesterly along the Northeasterly line of said Lot a distance of 88 feet; thence Southwesterly along a line which would intersect the Southwesterly line of said Lot at a point 67 feet Northwesterly from the Southerly corner of said Lot a distance of 50 feet; thence Southeasterly parallel with and 50 feet from the Northeasterly line of said Lot to the Southeasterly line of said Lot; thence Northeasterly along the lot line to the point of beginning; AND Parcel "K" of the Plat of Survey as a part of Lots 2 and 3 of Auditor's Bayou Plat filed 6/04/2019 in 2019- 18219 of the Black Hawk County Recorder's Office. Page 537 of 661 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), DAVID G. CHILCOTE ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Developer pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Developer as a part of the Project shall not be less than $300,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 538 of 661 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2035. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Developer shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Developer or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Developer agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Developer (not limited to the statutory remedies for unpaid taxes) and that Developer shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Developer agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 Page 539 of 661 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 540 of 661 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be Tess than Three Hundred Thousand and 001100 Dollars ($300,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and swom to before me on , 2023 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 541 of 661 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor David G. Chilcote PER By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of . 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA COUNTY OF BLACK HAWK ) ss. Notary Public Subscribed and sworn to before me on 510, , 2023 by David G. Chilcote. Notary Public G 2� 4 Page 542 of 661 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Director Planning & Zoning Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution supporting the application by Prairie Rapids II, LLC, for the Iowa Workforce Housing Tax Credit Program to construct forty-eight (48) new housing units located near the southeast corner of Kimball Avenue and Ridgeway Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Approval of a Resolution supporting the Iowa Workforce Housing Tax Incentives Program application and approving an infill housing agreement between the City of Waterloo and Prairie Rapids, LLC. Along with a resolution for support from City Council for the project the applicant also needs to have matching funds from the City in order for the project to qualify for the Workforce Housing Tax Incentives Program. The matching funds can be in the form of tax credits such as the CURA and CLURA that the City of Waterloo currently has to offer. Currently the project does not fall within the boundaries of the CURA and does not qualify under the guidelines for the CLURA, which does not provide an incentive for multi -family residential. This site is an infill site for the area therefore the City incentive is $5,000 per unit after construction. Prairie Rapids plans to new residential apartments with up to 48 units. These units are in addition to the 60 units Prairie Rapids constructed in 2016-2017 just east of this location. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The project will need to go through the site plan approval process which will go before the Planning and Zoning Commission and City Council. Both meetings require public notice. Page 543 of 661 SOURCE OF EXPENDITURES Nuisence/Infill Housing Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION Parcel "D" of Plat of Survey Doc. #2009-06842, a part of the Northwest Fractional Quarter of Section 3, Township 88 North, Range 13 West of the 5th P.M., Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. High Development -Prairie Rapids Square Project Location Map Page 544 of 661 Citij of Waterloo, Iowa Hi611 Development/Prairie Rapids Square II N W+E S Page 545 of 661 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed March 7, 2022, in an amount not to exceed $39,500.00, in conjunction with the FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Project, Contract 1062, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Additional hydrology and hydrologic modeling of downstream areas NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Page 546 of 661 ATTACHMENTS None Page 547 of 661 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $329,500.00, in conjunction with the FY 2023 Biennial Bridge Review Program, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Wat FY23 Biennial Bridge Review Page 548 of 661 Page 549 of 661 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO 2023 BIENNIAL BRIDGE REVIEW PROGRAM PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two- year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re - perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 550 of 661 AECOM Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000) each accident; (b) Commercial General Liability including third party Bodily Injury and Property Damage Liability and Contractual Liability insurance in a limit of One Million Dollars ($1,000,000) each occurrence and in the aggregate. (c) Business Auto Liability Insurance (owned, non -owned or hired) in a combined single limit of One Million Dollars ($1,000,000). Page 551 of 661 AECOM Page 3 ATS agrees to include CLIENT as Additional Insured on the Commercial General Liability and Business Auto Liability policies, but only to the extent of ATS's negligence under this agreement and only to the extent of the insurance limits specified herein. (d) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above -described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non -renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is a not -to -exceed fee of Three Hundred Twenty -Nine Thousand Five Hundred Dollars ($329,500.00). ATS may bill the Client monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non -monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared Page 552 of 661 AECOM Page 4 even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third -party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. Page 553 of 661 AECOM Page 5 CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In Page 554 of 661 AECOM Page 6 the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third -party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO By: By: Printed Name: Title: Date: APPROVED FOR AECOM 1 V ePedi Quentin Hart Printed Name: Douglas W. Schindel, P.E Mayor Title: Vice President Date: May 8, 2023 Page 555 of 661 CITY OF WATERLOO 2023 BIENNIAL BRIDGE REVIEW PROGRAM EXHIBIT A A. PROJECT DESCRIPTION The project is described as the 2023 Biennial Bridge Review Program. ATS will complete the review of the Client's 61 structures (36 bridges and 25 culverts). These structures are federally classified as bridges and included on the National Bridge Inventory (NBI) list for which Structure Inventory and Appraisal (SI&A) forms are required to be submitted to the Iowa DOT by the Client. In addition to these structures, there are eight additional structures (three bridges and five culverts) that are not federally classified as bridges to be reviewed. Those structures include the north and south Cedar Prairie Trail Bridges, the 4th Street Canopy Bridge, four Dry Run Creek culverts under Winn Street, Tower Park Drive, Kimball Avenue and San Marnan Drive, and the Sunnyside Drainageway culvert under San Marnan Drive. B. SCOPE OF SERVICES Services to be provided for the project under this agreement are as follows: 1. Conduct field reviews for the Client's federally -classified bridges. Field review includes traffic control coordination, snooper truck and operator. 2. Prepare condition rating and appraisal for the Client's federally -classified bridges. Complete routine permit rating for each structure that has plans available and is included in the NBI, as required by FHWA. An approximate load rating will be completed for concrete structures that are included in the NBI where no plan details are available, in accordance with the AASHTO Manual for Bridge Evaluation, 6.1.4. 3. Update SI&A forms for the Client's federally -classified bridges. 4. Complete emergency vehicle ratings for each structure included in the NBI, as required by FHWA. Evaluate Client specific emergency vehicle load configurations against the emergency vehicle configurations from the FAST Act (EV2 & EV3) to determine the appropriate emergency vehicle configuration for analysis. Complete emergency vehicle ratings using the selected emergency vehicles for each structure that has plans available and is included in the NBI, as required by FHWA and Iowa DOT. a. Review the initial results of the emergency vehicle ratings with the Client to determine if bridges that don't rate should be removed from consideration based on location and routes, or if further analysis should be completed to determine if a reduced speed of specific vehicle placement on the bridge would allow the bridge to rate. b. Document the evaluation of emergency vehicle configurations and the rating results in a report to be submitted to Iowa DOT to fulfill the requirements of the emergency vehicle guidance that was issued on December 20, 2022. Rating results will be summarized in a table attached to the report for the Client's use in coordinating potential weight restrictions or route restrictions with emergency management services. 5. Enter updated SI&A forms for the Client's federally -classified bridges into Iowa Department of Transportation's electronic database. Page 556 of 661 6. Field review of the eight Cedar River Bridge crossings using a snooper truck. The snooper truck rental will be coordinated by ATS. It is anticipated the traffic control required during the snooper truck inspections will be completed by City staff. 7. Complete a review of the eight additional structures (three bridges and five culverts) that are not included on the NBI list. 8. Prepare a summary report for the Client in format similar to previous years. The summary report will be submitted to the Client by October 27, 2023. 9. Prepare copies of rating forms, in addition to structure photographs, to the Client in the form of an appendix within the summary report. 10. Complete FHWA inspections of the new Park Avenue and 11th Street Bridges once construction is completed to meet current FHWA requirements. This includes Level I Underwater Bridge Inspection to meet current FHWA requirements. It is assumed the inspection of both bridges can be completed at the same time. Our subconsultant, Collins Engineers, Inc., will complete the underwater bridge inspections. Work elements for the underwater inspection include the following items: a. Provide a three -person OSHA/FHWA approved dive team that will include a dive tender, an underwater bridge inspection diver and a registered professional engineer as the team leader. b. The dive team will conduct an FHWA Level I underwater tactile inspection of the bridge. A Level I inspection is classified as a "swim by" inspection detailed enough to detect obvious major damage or deterioration. This type of inspection will also consist of limited probing of the substructure and adjacent streambed. c. The dive team will utilize a surface supplied air package with audio communication from the dive tender to the underwater bridge inspection diver. d. Prepare a condensed inspection report on the findings of the FHWA Level I underwater inspection that will include a narrative on the following topics: • Comprehensive Report of Deficiencies • Site Conditions • Numerical FHWA Condition Rating for Each Substructure Unit • Recommended Correction Action • Dive Log • Detailed Inspection Notes for Each Substructure Unit • Above Surface Photo Log • Final Inspection Report L:\Secure_DCS\Administration\AGREE\PROF\Wat FY23 Biennial Bridge Review.doc Page 557 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department May 15, 2023 AGENDA ITEM TITLE Resolution approving the City of Waterloo Smart City Strategic Action Plan. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1 Supplemental Info - Waterloo Smart City Strategic Plan v1.0 2. Waterloo Recommended Project Table 3. Waterloo Smart City Strategic Action Plan v1.0 Page 558 of 661 CITY OF J� � � TERLOO Community of Opportunity ACCELERATOR EAMERICA Page 559 of 661 SUPPLEI1EN -,••042mmecediaPviy ,. �uti11lfl{fil�wlljllllFi --TABLE OF CONS1h1htAda I Di a ao Lioli.. p� iiiii„R� 6 mu OM AI Ii ii Ing sal. �i .. hi J _.• —L:. 14 i, W 1;A1 4,1 sill i2slp 7k Acknowledgments ii Project Overview 3 Introduction 3 Strategic Plan Development 4 Common Stakeholder Themes 4 Smart City Definition 5 Smart City Model 5 Cross -Cutting Smart City Themes 8 Recommended Smart City Projects Overview 10 Summary Table 10 Analysis Recommended Smart City Projects 12 The Resident Voice 14 Citizen Engagement Overview 14 Survey Qualitative Data Summary 15 Survey Analysis Patterns 15 Smart City Activation 18 Ten Guiding Principles to Enable a Smarter Waterloo 18 Establishment of a Robust Smart City Operational Model 20 Project Funding Models 22 Cybersecurity Considerations 26 Smart City Data Governance 29 ISO Global Smart City Standards: 37120 (Indicators for City Services & Quality of Life), 37122 (Smart Cities), and 37123 (Resilient Cities) 33 **THIS DOCUMENT IS A SUPPLEMENT ATTACHMENT TO THE WATERLOO SMART CITY STRATEGIC ACTION PLAN. IT SHOULD BE READ AS COMPLEMENTARY FOR FURTHER CONTEXT AND CONSIDERATION.** City of Waterloo IA— Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only Page 560 of 661 Acknowledgments The following 23 individuals generously contributed their time and insights during Voice of Community interviews. William Beck Fire -Battalion Chief Randy Bennett Division Manager, Public Works Wendy Bowman Communications Director Chad Coon General Manager, Water Works Isaiah Corbin INRCOG Cary Darrah President & CEO, Grow Cedar Calley Wendy Drinovsky Information Systems Manager, Waterloo PD Robert Duncan Captain, Waterloo PD Kyle Durant INRCOG Jason Feaker Captain, Waterloo PD Emily Hanson Executive Director, Black Hawk County Gaming Association Quentin Hart Mayor Jamie Knutson City Engineer Kathryn Kunert MidAmerican Daniel Laudick MidAmerican Joe Leibold Chief, Waterloo PD Brian McCormick CIO, Hawkeye Community College Robert Nichols At -Large City Councilman Matthew OBrien Director of Technology, Waterloo Community Schools Mary Robinson Pastor, All Nations Community Church, Chaplain & Supervisor, Tyson Foods Lisa Skubal VP Economic Development, Grow Cedar Valley David Sturch General Manager, MET Transit Chris Youngblut Technology Services Director Additionally, over 378 residents and businesses generously shared their voice in the development of the plan by attending a feedback session or completing the digital survey. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only ii Page 561 of 661 Project Overview Introduction The City of Waterloo was selected in summer 2022 as one of five cities to participate in a "Smart City Accelerator" program jointly sponsored by the non-profit Accelerator for America and Honeywell International's Smart Cities business. Other cities selected in this competitive process include Cleveland, OH, Louisville, KY, Kansas City, MO, San Diego, CA. Waterloo was selected due to its new leadership and pressing problems. Honeywell's Smart City Accelerator program includes the development of a Smart City Strategic Plan (Plan), which incorporates a prioritized list of high -impact Recommended Smart City Projects into a pragmatic eight -year Smart City Implementation Roadmap. In addition to the Plan, Waterloo's program includes support for the development of two grant applications targeting Recommended Smart City Projects. Waterloo's Plan was built on extensive input from City leaders and stakeholders who provided a wealth of insight and knowledge, as well over 350+ residents. This collective input and existing documents such as Waterloo 2030 Community Vision, informed the scope and phasing of the 12 Recommended Smart City Projects. This 7-year Plan details a workable approach to accelerating Waterloo's smart city journey while supporting the quality of life and economic development goals of the City. Waterloo's challenges with public safety, reputation, and quality of life make it difficult to achieve the population growth needed to propel long-term success. Waterloo's challenges are also solvable, requiring both bold investment and an enduring commitment to continuous improvement. The current opportunities for substantial federal grant funding through IIJA/IRA could position Waterloo in the desired trajectory. Waterloo's Smart City Strategic Plan is ambitious yet achievable and addresses Mayor Hart's vision, resident needs, city leadership priorities, and city staff operational challenges. It is essential to understand that the Smart City Strategic Plan is not separate from the Waterloo 2030 Community Vision — it enables it with data -driven decision making and recommends projects to improve the City's quality of life. `Smart city' is not hardware or software that gets installed, nor is it a distinct set of capabilities — it is a way of always working and investing smarter. Honeywell views smart cities as a 'journey of continuous change management', whereby city leaders optimize their resources including budgets, policies, systems, and staff year over year to consistently improve quality of life for all. This implies a need for a long-term roadmap to guide the organization through a myriad of challenges regardless of election outcomes, a culture that can effectively balance tactical and strategic needs, and technologies that are impactful, flexible, and future -ready. Waterloo's Smart City Strategic Plan delivers this. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 3 Page 562 of 661 Strategic Plan Development The five -step Strategic Planning Process integrates `Voice of the Community' (VOC) interviews to identify a variety of challenges facing the City, and to define high -impact projects that can address these challenges and substantially improve the City's quality of life. Quotes, where used, are unattributed to protect individual privacy. 0 Smart City Vision City Leaders Kick -Off 1. Figure 1.Smart City Strategic Plan Process Stakeholder Alignment Interview Stakeholders Smart City Analysis Define smart city projects C X Smart City Strategic Plan Smart City Playbook 1.0 • Grant Strategy Application Identification & Development Waterloo's smart city visioning process began with a three and half-hour in -person kickoff meeting on September 22, 2022 at Waterloo's Convention Center hosted by Mayor Hart, and identified participant's top challenges and their vision for a brighter future for Waterloo. 2. Following the kick-off meeting, VOC interviews were conducted to gain a broad -based understanding of various departmental issues, needs and aspirations. a. The stakeholders included residents. Waterloo campaigned to involved the resident voice, offering two in -person public forums, and a digital survey, totaling over 350 participants. 3. Stakeholder feedback was analyzed, combined with the Honeywell Smart City Team's insights, and distilled to guide the Recommended Smart City Projects in the Plan. 4. Creation and iteration of the integrated Waterloo Smart City Strategic Action Plan. 5. The final step includes Honeywell support for Waterloo to pursue and secure grant funding to finance one of more of the Recommended Smart City Projects. Waterloo's Plan includes support for two grant applications. Common Stakeholder Themes Stakeholder interviews revealed several recurring themes that informed the development of the Plan, including: • Public safety remains a high priority for all residents, businesses, and visitors, which requires a continued investment in people, policies, processes, and technology as well as related infrastructure. • Population growth is significantly hindered by poor quality of life (actual and perceived) especially related to housing stock quality, limited transportation options, entertainment and restaurant options, and safety — especially compared to Cedar Falls. • Repairs in the trust and accountability relationship between residents and the City require better transparency, bilateral communication, delivery of services, and overall resident and business experience. • Labor shortages exist in most departments, which compounds the challenge of delivering services and underscores the need for solutions that dramatically improve operational efficiency. • While some city functions are technologically sophisticated, additional digital transformation and system -of - system integration is required to automate processes to improve operational efficiency, increase employee and resident satisfaction, enhance data -driven decision making, and enable the City to be better prepared to handle future crises. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 4 Page 563 of 661 Smart City Definition What Does `Smart City' Really Mean? Many organizations have smart city definitions, including the International Organization for Standards (ISO): Smart cities rely on integrated and interconnected strategies and systems to effectively provide better services and increase quality of life, ensuring equal opportunities to all and protecting the environment. A smart city continuously strives to improve social, economic, and environmental sustainability outcomes. It responds to challenges like climate change, rapid population growth and political and economic instability by engaging with society, applying collaborative leadership methods, working across disciplines and city systems, and using data information and modern technologies.' ISO standards help companies around the world achieve certification for key processes such as quality and safety. This organization also helps city leaders accurately measure and consistently report on critical smart city metrics and related ISO standards for smart, sustainable, and resilient cities are referenced in the appendix, and it is strongly recommended the City monitor and report their compliance with these standards to objectively become a world -class smart city. The term smart city was popularized in the late 2000's by vendors like Cisco and IBM. Cities have since matured the phrase to generally mean data -driven decision making. Honeywell views smart cities as a journey of continuous change management', whereby city leaders optimize their resources such as budgets, policies, systems, and staff year over year to consistently improve quality of life for all. This implies the need for long-term vision to guide the organization through a myriad of challenges regardless of election outcomes and a culture that can effectively balance tactical and strategic needs. Smart City Model Because the smart city market is so broadly defined, virtually any technology deployment can be considered part of a 'smart city'. As such, smart city solutions should not be considered separately from other core city systems because in a sense, all systems are smart city systems. Every point solution and every process and policy can and should be integrated to make a city more efficient, effective, and equitable. Yes, there are some flashy technologies such as autonomous vehicles that vendors claim can make a city 'smart'. But the truth is existing transportation technologies such as bus rapid transit can often have a far bigger impact on reducing congestion and improving quality of life. Therefore, a smart city model can be a useful tool to understand the many interrelationships between data, systems, departments, and desired outcomes for any given technology or project. Waterloo's Smart City Model is described below. ffi ir L. ustaina • i it rans • ortatio ' ublic a et Foundational Infrastructure (Physical and Digital) https://www.iso.org/sites/worldsmartcity/ Data -Driven Decision Making Equity Inclusion Economic Development Pubne Policy Citizen Engagement Culture & Drganlratien City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 5 Page 564 of 661 Foundational Infrastructure Foundational infrastructure includes the essential physical assets and digital systems that create the core city experience and capabilities. Physical elements such as roads, bridges and streetlight poles are obvious infrastructure assets, but so are communications networks and the energy grid — regardless of ownership. Digital foundational infrastructure elements include a city's ability to defend against cyber attacks and its ability to bridge departmental silos to enhance data -driven decision making and organizational nimbleness through a smart city operations command center. Collectively, the physical and digital foundational infrastructure determine how efficiently people and goods move through the city, how efficiently a city delivers services, and how flexible and innovative city operations can be when needed (e.g., the next pandemic). Waterloo's Communications Utility (WCU) effort is a big step forward in advancing the City's foundational Infrastructure and smart city future. Chattanooga offers an excellent example of the benefits a 10-year Smart City journey can yield. In 2010 the city launched an ambitious effort that continues to pay enormous dividends. Not only was it the first city with 1 Gbps (gigabits per second) speed — now 25 Gbps, this foundational investment also delivered $2.7B in economic and social benefits in its first decade of operation.2 The city's fiber network helped bridge the digital divide, supported job creation, and reduced carbon emissions, in addition to helping the city more effectively manage the COVID crisis. Because of its robust network the city is now able to deploy a `smart intersection network' to improve public safety.3 E-Government E-Government E-Government smart city solutions enable cities to operate more efficiently (e.g., digitize paper -bound workflows), effectively (e.g., make more informed decisions quicker), and equitably (e.g., ensuring equal access to city resources). Broadly speaking, all smart city applications are intended to improve government operations. While COVID dramatically accelerated cities' digital governance capabilities as they were forced into digital -centric service, it did not provide the time or funding for cities to thoughtfully plan for and invest in new, citizen -centric data architectures, systems, and tools to enable a truly digital experience. Cities always have, and likely always will, be organized and financed by departments, whose leaders typically determine at which point solutions get deployed to meet their specific needs. This decentralized approach worked well in the past, but the data silos it creates are ill -suited to the needs of today's hyper -connected, real-time world. Leaders and staff at Waterloo and in cities around the world consistently express frustration with their ability to make data -driven decisions, streamline operations, more deeply engage citizens, and shift from a reactive to a proactive service model in large part because of legacy systems and data silos. The lack of a fully digital -enabled city government also impacts resident engagement and satisfaction — which can affect the outcome of bond issues and other ballot initiatives. Communication is a frequent challenge, from obtaining basic information about what government services are available and having their voice heard on a 2 Chattanooga's municipal broadband pays off with $2.69 billion in benefits - Cities Today (cities-today.com) 3 Chattanooga to expand smart intersection test with $4.75M in federal funds City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 6 Page 565 of 661 particular topic, to receiving timely, location -relevant safety warnings. Residents frequently don't know where to get answers to their questions, and 311 systems don't always encompass all city services or provide closed -loop feedback. Sustainability Sustainability Sustainability has become one of the most pressing concerns for city leaders worldwide, especially for those cities that have adopted Climate Action Plans (CAP). In addition to setting ambitious decarbonization targets, these cities also often establish stringent building performance standards, electric vehicle adoption goals, and community resilience strategies. Multi -stakeholder initiatives can support a city's sustainability goals while maintaining a focus on social equity and protecting the region's most vulnerable residents who bear a disproportionate burden from energy costs. Waterloo's Carbon Resolution is currently targeting a GHG reduction of 45% by 2030 (from a 2010 baseline), and a 100% clean energy goal by 2050. Even cities with advanced sustainability and climate strategies struggle to understand how to operationalize these plans and track progress towards these critical goals. Transportation North American cities are designed for cars more than people, and Waterloo is no exception. Waterloo has extensive highway and roadway infrastructure which contributes to greenhouse gas (GHG) emissions, traffic congestion, vehicle accidents, and fatalities. Transportation is the fastest growing source of GHG emissions and accounts for 27% of global emissions4. Transportation Public transportation is an essential service, especially for those without a vehicle, and requires a holistic multi - stakeholder approach to enable a seamless travel experience across all transit modes that maximizes public transit ridership and minimizes single occupancy vehicle (SOV) trips, which in turn reduces traffic -related congestion and emissions. Public Safety Public Safety A smart city is, first and foremost, a safe city. Public safety, which remains a top concern for city leaders throughout the US, is a very broad smart city category that encompasses personal and violent crime, traffic safety, community resilience during extreme weather events, and public health particularly in the public realm (e.g., government buildings). The Public Safety -focused recommendations in this Plan are primarily focused on crime via asset optimization analytics as Waterloo has seen more than its fair share of violent crime and civil unrest. Waterloo's violent crime rates (and the perception of) are a major concern for both current and potential residents and businesses. Clearly, violent and personal crime rates must go down if residents and business owners are to feel safe, venture out freely into their neighborhoods, feel confident that their tax dollars are being wisely invested, and continue to enjoy Waterloo's offerings. 4 https://www.c40.org/what-we-do/scaling- up-climate-action/transportation/ City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 7 Page 566 of 661 Cross -Cutting Smart City Themes Complementing the four solution pillars, Honeywell's Smart City model includes four overarching or cross -cutting themes. These are horizontal in nature as they need to be considered for all projects in all departments. These themes emerged in the stakeholder interviews as recurring patterns. Using these themes in the discovery, planning, development, and implementation of smart city projects contributes to a human -centric approach. Data -Driven Decision Making Data -driven decision making is important to Waterloo leadership because it allows them to make informed decisions based on concrete evidence and analysis, rather than relying on outdated information, assumptions, or gut feelings. By efficiently collecting and effectively analyzing data across departments and systems, Waterloo leaders can better understand, anticipate, and serve the needs and concerns of residents. Timely, accurate and complete data also shines light on the strengths and weaknesses of an organization, which is powerful when pursuing a journey of continuous improvement. High -quality data also helps Waterloo leaders be more transparent, accountable, and equitable. Waterloo, like almost every city in the world, struggles to improve data -driven decision making due to legacy systems and data silos that introduce organizational friction, process delays, and underinformed decisions. Economic Development Economic development is the lifeblood of every city, and smart city solutions can increase GDP up to 21 %5. Companies need to find attractive locations for their operations and qualified workers to staff their business. A city's overall quality of life is a determinant for companies to evaluate locations, and that is highly influenced by housing affordability along with smart city -related factors including crime, congestion, municipal service quality, and operational friction (i.e., how easy a city is to do business with). Smart city technologies can help streamline routine processes like permitting, inspections, and notices of road closures while improving the underlying issues such as crime and traffic. Maintaining an economic development lens when evaluating and implementing smart city projects helps to ensure that the economic needs of the community are thoughtfully considered. Equity & Inclusion Equity and inclusion are critical to ensure everyone has an opportunity to participate fully in the life of the community, and to contribute to and benefit from its resources and services. This is especially important in underserved communities that have historically been disadvantaged. Using an equity and inclusion lens when considering smart city projects can help reduce social, financial, and educational barriers for disadvantaged residents while creating a more inclusive, just, and vibrant community. Public Policy Public policy and budgets are the primary tools city leadership have to shape a city's current and future quality of life. Policies such as building performance standards support sustainability goals, while noise ordinances support neighborhood quality. Policies such as data privacy and open data help protect residents' rights and offer a level of transparency that helps drive accountability and innovation. Using a public policy lens when evaluating smart city projects is essential because of the far-reaching implications of technologies such as video cameras and autonomous vehicles. 5 www.smartcitiesworld.net, "How smart city investment can unlock economic growth" by Smart Cities World news team, Nov 16, 2018 City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 8 Page 567 of 661 Citizen Engagement Citizen engagement ensures the needs and concerns of the community are considered when decisions are being made. This helps to identify and address problems and challenges that may not have been otherwise apparent, such as in the failed smart streetlight project referenced above. Additionally, residents are more likely to support individual initiatives, which can lead to better outcomes overall. Finally, when the public is actively engaged in decision -making it helps build trust, a sense of ownership and responsibility, and greater satisfaction. Culture & Organization Culture and organization are important to ensure the smart city model is sustainable, efficient, collaborative and innovative. Each city's unique culture and history shapes the way people think and live. These organizational factors must be considered while advancing technology to maintain collaborative communication and innovation. Following are the (10) Recommended Smart City Projects mapped to Waterloo's Smart City Pillar Model. Data -Driven Decision Making Equity & Inclusion Economic Development Public Policy Figure 2. Recommended Smart City Projects Mapped to Pillars E-Government Ubiquitous Connectivity Accelerate e-Gov Transformation /''/;>/;/ F'rri�lii Culture & Organization Sustainability Sustainable Waste Management Climate Action Program r. 11" II II I II II II 6;11, Transportation Complete Streets Strategy Smart City Testbed Public Safety Optimize Police Dept Assets Smart Parks Program Foundational Digital & Physical Infrastructure Smart City Operating System r City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 9 Page 568 of 661 Recommended Smart City Projects Overview Summary Table Projects are summarized below with detailed descriptions of each Recommended Smart City Project in the Plan. Figure 3. Recommended Smart City Projects Project Project Scope Accelerate Ubiquitous Connectivity Program Expand Connectivity Strategy Implement a branded, public Wi-Fi program in key public areas, especially downtown (Power Up Downtown!) and parks to complement the Waterloo -Municipal Communications Utility (MCU) AND Explore the feasibility of other connectivity options (point-to-point, 5G, CBRS, etc.) to fill in gap coverage and prepare for the future of connectivity demands (autonomous vehicles, loT, etc.) Accelerate e- Government Transformation Implement Digital Transformation Solutions Implement a 311 system and Smart City Operating System to provide residents and businesses a modern, people -centric portal and mobile application (mobile web app or native app) to communicate with the city that feeds digital back -office operations. Bring all city services online to streamline services requests and focus initially on departments that have higher reliance on personnel costs or labor gaps to serve Waterloo's 61.4 square mile service area. Implement `Complete Streets' Strategy Create a Bold, Integrated Mobility Approach Integrate multiple intelligent transportation systems (ITS), connected vehicle (V2X) systems, Internet of Things (loT) systems, city services, and resident engagement tools with a Smart City Operating System to reduce congestion and emissions, improve public safety, reduce truck accidents and congestion while streamlining city operations. Elements include public safety IT and OT integration with existing video cameras, predictive public safety and emergency response analytics, flexible notification functionality, and support for first responders with real-time access to intelligent assets. Deploy Innovation Districts Develop Partnering Programs and Innovation Districts Create a strategic innovation program to attract businesses, diversify existing economic base, and develop a local innovation ecosystem. Optimize Police Department Assets Enhance Existing Capabilities Integrate video cameras and other public safety sensor systems with advanced predictive analytics and a Smart City Operating System to better detect and respond to crime. Deploy a public communications strategy that promotes a more accurate understanding of crime based on factual statistics, data and research — helping to reduce misperceptions and increase transparency while building trust. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 10 Page 569 of 661 Implement Smart Parks Program Deploy Tech to Deepen Park and Trail Experiences Integrate video, micro -mobility vendors, Community Wi-Fi, networked LED lighting, interactive kiosks, loT sensors, city services, and citizen engagement tools powered by a Smart City Operations System in city parks and trail systems including the Cedar Valley SportsPlex, George Wyth State Park, Exchange Park, Riverfront Stadium Park, the Waterloo Riverfront Renaissance Trail, Cedar Valley Nature Trail, and Island Park. Implement Sustainable Solid Waste Management Implement More Advanced Waste Management Systems Continue to monitor trash collection pickup using RFID monitoring to make sure all revenue is captured that can be re -invested into new technologies and systems. Implement compostable waste program, smart sorting systems and smart bins to optimize routes Implement Cybersecurity Monitoring Service Strengthen Existing Capabilities Procure a managed cybersecurity monitoring service from a proven national security - focused firm to buttress existing systems, policies and procedures. Deploy an Immersive Smart City Testbed Create New Capabilities Deploy a robust mix of smart city technologies including but not limited to smart parking, connected lighting, advanced metering, environmental, traffic and public safety sensors, interactive kiosks, smart trash, community Wi-Fi, augmented / virtual reality, EV charging infrastructure, etc. in a multi -block area collectively managed by a Smart City Operating System. Partner for Electric Vehicle Readiness EV Fast -Charging Plazas with Smart Parking and Resilience Hub Partner with MidAmerica and/or private entities in a P3 delivery model to build fast - charging plazas for fleet traffic along the Avenue of the Saints (US Route 20), Interstate 380, US Route 63, Iowa Highways 218 and 63. Integrate the EV fast chargers, IT and OT systems with a Smart City Operations System. Include an interactive smart parking app that allows fleets to secure parking spots in advance of arriving to the EV charging plaza. Integrate battery storage and PV with the EV charging plazas to create Community Resilience Hubs (CRHs) to increase community resiliency. Develop Climate Action Plan Develop a Detailed Climate Action Implementation Plan Define a detailed plan with specific, measurable, achievable, and realistic goals aligned with city timelines. Identify technologies and systems that can be implemented at the asset level to identify which department will implement the climate strategy to include Rough Order of Magnitude (ROM) budgets. Implement Renewable Natural Gas Project Use Technology To Support Renewable Natural Gas Lagoon Assess feasibility of implementing a methane gas lagoon program. Tyson's effluent must be considered in evaluating the availability of organic waste and the potential for generating methane gas. Then identify industry partners and implement technology, City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 11 Page 570 of 661 Analysis Recommended Smart City Projects In Figure below, the weighted scores represent the Honeywell team's assessment of each project across five criteria. The weighted scores and relative ranking are not meant to serve as an individual recommendation ranking system but can be used to weigh one or more variables. The complexity of a smart city means that the projects are not linear and are highly interrelated. The scoring and relative ranking system is simply one way of organizing the information and should not be considered the best or only way to consider each project. Figure 4. Recommended Smart City Project Weighted Scoring and Relative Ranking # Project Category Community Impact Operational Efficiency Grant Alignment Ease of Deployment Economic Development Relative Scoring 25% 25% 20% 15% 15% Weighted Score_j 9.2 1 Accelerate Ubiquitous Connectivity Program 10.0 9.0 10.0 6.0 10.0 2 Accelerate a -Government Transformation 9.0 10.0 8.0 8.0 9.0 8.9 3 Implement Complete Streets Strategy 9.0 9.0 10.0 7.0 7.0 8.6 4 Deploy Innovation Districts 9.0 8.0 7.0 8.0 10.0 8.4 5 Optimize Police Department Assets 9.0 8.0 8.0 8.0 8.0 8.3 6 Implement Smart Parks Program 10.0 7.0 8.0 8.0 8.0 8.3 7 Implement Sustainable Waste Management 9.0 6.0 9.0 7.0 9.0 8.0 8 Procure Managed Cybersecurity Monitoring 8.0 9.0 8.0 9.0 5.0 8.0 9 Deploy Immersive Smart City Testbed 8.0 8.0 9.0 7.0 7.0 7.9 10 Implement P3 for EV Readiness 7.0 7.0 9.0 8.0 9.0 7.9 11 Develop Climate Action Program 10.0 5.0 8.0 9.0 7.0 7.0 7.8 12 Implement Renewable Natural Gas Project 9.0 6.0 8.0 7.0 7.5 10 - All 10 - Highest 10 - Highest 10 - Easiest 10 - Highest Impact 1 - Few 1 - Lowest 1 - Lowest 1 - Hardest 1 - Lowest The following scoring system was used to provide context on the recommended smart city projects as they rank to four different variables. Each rating was derived based on stakeholder feedback, research, industry knowledge, and expertise of the Honeywell Smart City Team. Community Impact - Residents are at the center of the smart city design. People and the positive impact that technology can make on improving the quality of life remain the top priority. Accordingly, the more people that a project impacts, the higher the score. This is the highest weighted variable in the model. Operational Efficiency - The major driving factor for modernizing a city is the operational efficiency that is gained. Streamlining workflows and digitizing operations enables cost reduction and increased employee and resident satisfaction. The greater operational efficiency gain resulted in a higher score on a relative basis. Grant Alignment - Opportunities to seek grant funding to support a Project, accelerates the implementation and preserves the city budget. A higher score indicates known grant opportunities that align with the project on a relative basis, and the timeliness of federal grant opportunities related to IIJA/IRA were considered. Ease of Deployment - The ease of deployment plays a part in the speed of rollout, the likelihood of immediate impact, and dependencies on other technologies for success. In a new and evolving smart city market, the ability to roll out projects faster and show quick wins produces significant dividends in terms of trust, perception, and demonstration of value to all stakeholders. A more difficult project may also place a strain on resources and the ability to implement, which would result in a lower score on a relative basis. Economic Development - Waterloo's priority for improving quality of life and attracting residents and businesses makes it an important factor for consideration. A higher score indicates greater positive impact on a relative basis. City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only 12 Page 571 of 661 THE RESIDENT VOICE \i City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only Page 572 of 661 The Resident Voice Citizen Engagement Overview The core stakeholders to every plan is the community. Waterloo ran a campaign for resident engagement in this smart city plan development process including a business community event at the Exchange Club on November 29 with 35 attendees, a public forum at Single Speed on November 29 with over 50 attendees, and a digital survey that ran for two weeks soliciting 293 responses. In total, over 378 voices of the community were involved. Below are two charts analyzing the responses to two questions on the survey. The full survey response data can be viewed in Attachment A. Like the Most About Waterloo Diverse Population The Ease of Getting Around Quality, Affordable Housing Options Urban Environment with Small -Town Feel Options of Restaurants/Places to Eat Career Opportunities (or Proximity to) Other (please specify) The Culture of the City Good Schools (including Colleges) Opportunity to do Business/Entrepreneurship Local Leadership Options for Entertainment/Attractions Feeling of Safet Internet Connectivity 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Would Like to See Improved or Changed Economic Opportunity (Jobs / Employment) Overall Quality of Llfe Education Transportation and Mobility Experience Street Lighting Safe and Accessible Sidewalks Responding to Housing Concerns Environmental Impact Police Services Other (please specify) Recycling Programs Access to City Information/311 Garbage Collection 911 Services Fire Protection • • 1 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only Page 573 of 661 Survey Qualitative Data Summary • 395 total written responses • More negative comments than positive • What do you like most about WLOO? 44 responses • What do you like least? 40 responses • What needs to be improved or changed? 72 responses • What services are you satisfied with? 67 responses • What services are you not satisfied with? 172 responses Survey Analysis Patterns What do residents like about Waterloo? • The have a home or family connection — 15 comments responses referenced Waterloo being home or having family here • People like the activities and parks — 4 comments • Residents love the fire and police departments — 9 comments • Lots of love towards the public library What are residents not satisfied with in Waterloo? - Without a doubt, comments relating to transportation were the most common — 59 responses total o Residents are extremely dissatisfied with the state of the roads (11 comments) and sidewalks (or lack thereof) (12 comments) • "FIX THE ROADS WITH MORE THAN ASPHALT. THE STREETS IN THIS CITY ARE HORRIBLE" • "Lots of cracked or unkept sidewalks and in some instances on the routes for walks no sidewalk. Again near a school and there should safe and accessible sidewalks for these elementary kids and their families to use." o Residents do not like the speed/traffic cameras • "Speed cameras do nothing for public safety. Only to rob the poor and working class." o Residents want more public transit options and expanded bus hours • "We need to have buses that run when employees need them. There are no buses that run for 2nd or 3rd shift workers." Improved bike accommodations Lack of traffic light synchronization • "Traffic lights are inefficient and not synchronized" • "Traffic lights downtown are ridiculous and in random locations around the area. Stop the insanity. Too long, too many." - Lots of complaints and requests for more street lighting — 6 comments - Residents are very concerned about safety and crime in the city. 36 responses relating to concerns about crime and safety. o "Safety is my biggest concern. I left 10 years ago because of the crime and violence. I was not going to raise my daughter in that. I used to love this city and that drove me away." o "Crime map data is quite disturbing as it slowly closes in on my neighborhood" Rundown and abandoned homes and businesses — 13 comments o The city has allowed such decay in residential neighborhoods. Rental landlords need to be held accountable for the poor state of historic homes. o "The city needs to more quickly tend to city owned lots (mowing etc); and more actively pursue legal remedies for reducing blight (buying/seizing abandoned houses and buildings)." - Housing issues, especially with regards to landlords and property taxes - Lack of entertainment, retail, restaurants, and activities. Around 40 comments 0 0 City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 15 Page 574 of 661 Where are there mixed feelings? - Residents seem to be mixed with regards to the garbage and recycling services — 7 comments specifically complimentary towards the garbage services, while 6 comments were not. The unhappy comments specifically referenced the poor recycling service and the costs. Responses to "What is a smart city?" Improved safety and reduced crime o `7 *hope* it will deter crime and make it easier for law enforcement to resolve crime and lock up criminals." - Data -driven decision making o "It makes me think the City makes smart decisions using data and adding things often to better the City." - Using technology to improve quality of life, tech -enabled o "A smart city is technology enabled via mobile apps for parking, construction updates, street closures, employment opportunities within the area (not just city jobs), directory of restaurants, post office locations, etc." - Government control, surveillance, lack of privacy o "These examples make it seem like a smart city intends to increase surveillance. If so, a transparent process, data gathering, and results should be baked into this." o "Smart city can be useful but also misused our movements now are recorded everywhere we go stop lights stores etc.." - Good, affordable, accessible Internet options o `1 would like to see the city provide comprehensive WiFi coverage in the downtown area and also at selected points in neighborhoods around the city, so that people without Internet access or phones with data plans could more easily get online if they need to." o `High-speed internet from a better provider than Mediacom" - Being proactive, progressive, and forward thinking rather than reactive o "That we will be looking forward and not playing catch up." o `Proactive and progressive rather than reactive and reactionary." - Interconnected and communicative between government and citizens, residents know what's going on and have easy access to information o `7 would like to see Waterloo create a coordinated system for reaching out to residents directly in order to send them information. Perhaps residents could sign up for email or text alerts based on their preferences (for example, one person might want to know about library activities, another might want to get notifications when garbage pick-up days change.) If there is such a system in place, I haven't heard about it." o `7 hope for better Information communication. Having to go on Facebook for news about garbage service is unacceptable." o "Communication is a very key roll in a smart city." - Job opportunities and economic growth o "A smart city would have more people employed vs. living off government aid. A smart city would have good paying jobs." - More efficient, improved, and cheaper city services o `1like that Waterloo has RFID tags on the garbage cans to help with efficiency." City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 16 Page 575 of 661 Additional Comments about Smart City - Most frequent comment was with regards to always considering equity & the need for better internet o "Waterloo deserves to be a city ready for the technological changes that are already here and will be here in the future. But along with that, our city needs to solve problems for residents, not create new ones. As we grow, we need to grow our marginalized folk, making sure that people of all races, ethnicities, refugee statuses and others are not only invited to participate in this but actively are part of this process and are instrumental in creating any solutions that arise from the newly gathered data. Anything less is empty promises and a further entrenching of what has plagued it thus far." o "To me it's more than "technology". That'll happen regardless -- we will be forced to modernize technology if we don't do it voluntarily. What we will not be forced to do and what will make us a more modern, desired place to live is the amenities we offer as a community -- the restaurants, coffee shops, and cool music clubs for young people. The cultural entertainment opportunities for all, the things that make a place fun." Some expressed that other problems need to be addressed before implementing a smart city o `1 think there are other issues that should be addressed before implementing a large project throughout the city." Other Observations - Lots of comparisons to Cedar Valley. Waterloo residents seem to see Cedar Falls as better than Waterloo and harbor some resentment or jealousy because of this. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 17 Page 576 of 661 Smart City Activation Ten Guiding Principles to Enable a Smarter Waterloo Embrace Citizen Co -Creation to be People -Centric Waterloo should invest efforts into its resident engagement model to ensure that the "voice of the citizen" is represented in the digital transformation decision -making process. Co -creation provides a design thinking - oriented understanding of the problems and challenges residents face, and the potential solutions that the city should consider. Using this people -centric, citizen co -creation process builds digital trust and helps all parties stay connected, relevant, and informed. Understand Differences Between Smart City Pilots, Projects, and Programs Not every smart city project or digital transformation opportunity is meant to last forever. Each idea can go through various lifecycle phases, reflecting the needs, risks, and requirements at the time of consideration. Pilots may be short-lived, with a specific exploratory or evaluation purpose (such as emerging technology capabilities demonstration) that should have a finite ending ideally with a call to action upon conclusion. Digital transformation should be an ongoing, long-term effort that is best supported by pogroms when the need for recuring focus, commitments to ensure success. Master Digital Transformations Digital transformation is the process of using digital technologies to transform existing traditional and non -digital business processes and services inside of Waterloo, to meet the needs of the residents, businesses, and the city itself. Oftentimes, this can alter the way business functions are conducted, and can even create new processes. To unlock the full value of new technology applications at a user/department level, training must always occur to make sure new technology is used properly, providing maximum ROI and reducing frustration, headaches, or lack of adoption. Target the Data Waterloo Really Needs The pandemic amplified the need for intelligence and timely insights, as the city dealt with the crisis through multiple response measures and compliance in real-time. Data collection, safeguarding, and access remain as important as ever before, but an equally important initiative is to conduct a user -based, bottoms -up approach to identifying what data insights would be helpful for "front line" city employees to do their jobs more effectively. This exercise, combined with a top -down evaluation of what data sources already exist, what is missing, and what is needed to address the data gaps essential to daily operations is increasingly more important to recognize the full value of digital transformation efforts. Measure the Micro and the Macro Waterloo should continue to make progress in terms of smart city technology impact measurement. KPIs were established following the publication of Waterloo's original smart city plan, and now it is recommended that the definition of return on investment should be expanded. Meaningful ROI can come from multiple dimensions. This holistic approach embraces that many smart technologies provide both specific impact benefits in a single area but can be accretive (due to enabling technology characteristics, or by providing complementary data to improve operations) to other areas too. Multi -factor calculations in multiple impact dimensions should occur to calculate the true holistic ROI. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 18 Page 577 of 661 Recognize Cyberthreat Attacks Are a Matter of "When" Not "If" In 2021, there were more than 10 billion active loT devices and It's estimated that the number of active loT devices will surpass 25.4 billion in 2030. As digital and physical infrastructure converge, this means that there will be an even greater "attack surface" for cybercriminals and the risks will continue to grow. It is important to fully support the Waterloo's IT leadership in the areas of managing the cyberthreat. Every city, no matter how strong its security protocols are, is vulnerable to cyber-attack. Developing an integrated, holistic approach to managing cyber risk is essential, and working with future digital transformation projects and the participants at every level should be supported. Understand Different Privacy Needs As Waterloo becomes "smarter" and residents become more familiar with what a smart city means, the City should expect higher levels of questions and even concerns regarding data and privacy. Waterloo should gain a deeper understanding of the attitudes different generations (Gen Z, Millennials, Gen X, and Baby Boomers) have towards privacy, especially in terms of the risk versus rewards of data collection and profiling relationships. Prioritize Smart City Projects Ahead of Funding Opportunities The bipartisan Infrastructure law has and will continue to provide funds to both Waterloo and every other major metro area across the country. It is imperative to take advantage of these funds when they are made available, especially when potential vendor supply chain issues or supporting labor supply (installation or implementation) may be less than ideal. Waterloo needs to move quickly, proactively planning the most important projects that have funding to not be "put in the back of the line". Foster Collaborative Partnerships Public -private partnerships (P3s) remain extremely important as digital transformation efforts yield greater technological advances and companies are seeking partners to help them commercialize new technologies or gain market share based on their internal business objectives. PPPs can also be cost-effective, providing complementary specialized expertise from partners associated with the PPP at little to no cost to Waterloo. P3s can create win -win scenarios for all parties involved and be a force multiplier unlocking additional value while increasing the probability of success due to mutually aligned goals. Ensure Waterloo is Open for Innovation Waterloo needs to maintain a proactive view of technology by developing policies in anticipation of adopting new emerging technology that may not have an existing policy to govern it. Being able to work with vendors and other cities that are familiar with the technology may be an effective strategy to help consider policy implications that are right for Waterloo's community. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 19 Page 578 of 661 Establishment of a Robust Smart City Operational Model Overseeing smart city operational model is not "business as usual". It requires taking maximum advantage of the best resources, ideas and innovations at Waterloo's disposal while celebrating "cross -platform" points -of -view as a shared cultural norm. A smart city operational mindset goes beyond conventional ways of thinking by amplifying cross -collaborations between various departments, meeting challenges head-on, and taking the necessary actions to build the smart city. Outcome -Based Smart City Operational Model Delivered by a Master Service Integrator (MSI) LIFECYCLE MANAGEMENT PROJECTS & POCS 4.Operations & Maintenance {O&M) — Capex & Opex rmttnixiusrfarrro 1.171f.• — UFey ruck nraelchnl rrA Errukurmni — Lir urporuI,Trl Aires Tet fro plug5. — Addressing ChmagirrgNeeds — AncremsingCops city — nefprrcrl rrrArrymuhztwi AdeArtarrarrr? calla I nst 1II5 — Capex & Opex .nsbO in di.idum' S;Tcrt ritinrorcrrs ioimnLdc tachndogrer at adgv t.•ar.gfi to the Cisod O&M 431 Ful I Scale Installs 0 CITY PLATFORM Project Developmen 0 / Concepts(POCs)/ L �S 1. Project Development RrulepicAtre.A. Mai[erphnms,FrusbiWyStredin, Orsjamr, TrtkainOn.las2rr[k,urrs.Cusii JrmArmmtnertd PY'wIL Cu'i2cJ laersirxvri Afsrs Ar:orksii O,r at.... reset sySLert}; ro ocnle[+e aerfOrrrarsce¢aaus. Ancrudes Sfaeyde costing, NAts, reporting of eytimaJproxeL . copitolpimu amtl CE:Mstratepirs. 2. Proof -of -Concept (POCs) — Capex & Opex r Salads pon hl the "even nr irstheds medinnora6sn disrnicis alarm secper! arrremc persona test/um-ran aly and sraroLu4Yyoj smcrt city ape rem c 9c'rnvuzemcnr. r som orrs l?ewe ar triare-tr,•,•aV n? cope rechnobps sAft smart srfee1min, per oie COIN.rerd, aeck.suAAK Merton smart hicsks, atiT rids, MTH'?"apps, etr. This outcome -based smart city operational model is based on four key activities - project development, proof -of - concepts (POCs), full-scale installs and operations & maintenance. This lean structure is purpose-built to support the continuous advancement of the entire smart city program while also supporting the engagement of underserved communities. This end -to -end lifecycle approach fully engages academic, private, philanthropic and start-up communities in a way that continuously advances Waterloo's smart city environment. Project Development Projects developed under the smart city operational model will address Waterloo's real needs and challenges while prioritizing the safety of all users and operators for new technologies. Waterloo will implement privacy and security by design in the delivery of all systems while maintaining open access and interoperability for collaboration locally, regionally, and nationally. Key activities of project development include stakeholder identification, user needs and VOC, concept of operations, preliminary system requirements, preliminary system architecture, performance measurement planning, deployment planning and deployment readiness determinations. POCs POCs are typically deployed in the form of testbeds and/or within innovation districts over a set period of performance to test the functionality and scalability of the solution. It is also a means to mitigate a city's financial and reputational risk by deploying the solution at a small scale where performance issues can be more readily detected. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 20 Page 579 of 661 Key activities in the POC phase include the development of detailed system requirements, system design & architecture, system development, system test plan development, system installation, system testing & validation, system modifications, system training & education, system acceptance and system "go live". Full -Scale Installs Full scale installs are either the result of a successful POC deployment or the roll -out of a designed project. Similar to the POC, key activities include the development of detailed system requirements, system design & architecture, system development, system test plan development, system installation, system testing & validation, system modifications, system training & education, system acceptance and system "go live". O&M The final O&M phase includes the ongoing labor activities to operate and maintain the smart city solution to include ongoing system performance measurements, system evaluations and reporting. During this phase, outdated equipment is upgraded, new technology is incorporated, changing needs are addressed, capacity is right -sized, and deferred maintenance principles are applied. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 21 Page 580 of 661 Project Funding Models Waterloo has a long-standing history of using policies and procurement strategies to spur economic growth. A variety of project funding models are available to direct private and public investments into smart city programs, and multiple methods can be implemented in parallel. Project funding models are structured based on their composition of public and private involvement and may include ongoing capital and operational investments that pay for both asset management and citizen services. Channeling multiple funding sources into a single smart city project model adds to its complexity where sources of funds may include capital funding, research grants, federal and state grants, public private partnerships, performance contracts, philanthropic grants, vendor financing and credits, and parallel revenue through leasing programs. Without combining different sources of funding, capacity and scope can be too limiting for larger smart city projects. The distribution of city project funding models as shown in Figure 9 illustrates that taxpayers, private companies and federal/governmental entities are critical to enabling a smarter future. Below is a summary of city project funding types from most to least prevalent: Department or local city budgets are where individual city departments allocate portions of their annual city capital and operational budgets to support smart city projects and programs. Many cities like New York have dedicated Capital Improvement Plan (CIP) line items for technology infrastructure investments while others, like San Jose, have created dedicated funding streams within their annual budget for technology leasing (for example street pole access for small cell equipment). Consumption -based financing is a "pay as you go" model where a city pays according to the resources used. This is in contrast with a subscription price model where the city pays the same amount for access to a service regardless of how much or little of the service is used. Examples includes electric utility time of use pricing using smart meter data. Figure 2. City Project Funding Model Distribution department or local city budget Canaumpbon-based financing Social Impact bonds Prly liZat On of assess Federal support Conaessron financing Pay -far -success Revenue share roaming, User fees General obligation bands Vendor financing Slate support Tradhio040 loan or lease Grpwpfitnding Philanthropic support As -a -service" financing 0 25 50 75 CITIES BY PERCENTAGE 5ourca,ESITHaUGHllAR BWIdIn iHyperrarireclKIClty.Nowember2E110 100 City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 22 Page 581 of 661 Social impact bonds are contracts with the public sector to pay for better social outcomes in certain areas and pass part of the savings to investors. ROI is solely based on achieving the social outcome and is not affected by interest rate increases, reinvestment potential or market changes. They are, however, subject to default and inflation. An example is funding internet access in disadvantaged neighborhoods to improve student test scores. Public -Private Partnerships (P3) generally involves a multi -year contract between public and private entities in which private companies take responsibility for some combination of design, construction, financing, operations and maintenance of the project. These responsibilities are typically undertaken in exchange for funding, availability payments, or use guarantees by the public entity over the term of the contract. Example 1 - Build -Operate Transfer (BOT) — a city gives a private partner the right to develop, own and operate city infrastructure for a period of time (such as a new toll lane), after which the ownership of the assets can be transferred back to the city. The private partner receives the revenues from the assets during the term of the contract. Example 2 - Design -Build -Finance -Operate -Maintain (DBFOM) — a city gives a private partner asset ownership into perpetuity, while capital investment, construction risk, and commercial risk are assumed by the private partner in exchange for a long-term contract and negotiated payment from the city Federal funding support often comes from state and federal agencies in the form of government grants. Most recently, Waterloo submitted two grant applications to the US DOT — one for $26M (`Rightsizing Waterloo for Safe Streets') and one for $2M (`Safe Streets and Viaducts'). An example of a state -driven grant includes FEMA's Building Resilient Infrastructure in Communities grant to strengthen community resilience. Concession financing exists when cities, governments, corporations, and individuals grant concessions to allow a private party access to a property (like a building) or asset (like a right-of-way). Regardless of the type of concession, the concessionaire usually pays the party that grants it the concession fees. Examples include a smart street light maintainer/operator who sells Wi-Fi access through a Master Lease Agreement program. Pay -for -Success financing models shift financial risk from the city to a private investor who provides the up -front capital to scale an evidence -based social program. If an independent evaluation shows the program achieved agreed -upon outcomes, then the investment is repaid by the traditional funder. If not, the investor takes the loss. Examples include projects that seek to reduce homelessness or improve scholastic performance. Revenue share financing, also known as royalty -based financing, is where investors and cities agree to provide capital in exchange for a certain percentage of a project's ongoing total gross revenues. Examples include EV charging infrastructure where the city provides real estate in exchange for a percentage of the revenue. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 23 Page 582 of 661 User fees are charges imposed by the city for the purpose of covering the cost of providing a service, directly raising funds from the those who benefit from the good or service provided. Examples include parking and city - owned bike sharing fees. General obligation (GO) funds are a municipal bond where bond repayments are guaranteed by both tax revenue and operating revenue. GO bonds have made it possible for cities to integrate sensors, buildings, city infrastructure and software to help solve pressing challenges. One example is the City of Cincinnati's $30M upgrade of parking meters and the construction of a downtown parking garage6. Vendor financing and credits provide a city access to various services and product offerings. Through this arrangement, the city is able to test new ideas at no cost to the city. For example, a web provider might provide service credits to enable cloud -based technology solutions. State support financing represents investments made to cities for infrastructure upgrades and enhancements to include roads, bridges, energy systems, and public parks & recreation. In 2015, the City of Atlanta issued $250M in bonds specifically for improving infrastructure through smart city projects. The program is supported by state taxes, water & sewer fees, toll collections, sales taxes, and green muni-bonds. Traditional loan or lease in a city context represents the authority of a local government to appropriate funds to other government entities, individuals, associations, and corporations as long as the monies are used to carry out a public purpose in which the local government is statutorily authorized to engage. One example might be an emergency where a city needs back-up power to respond and recover from an extreme event. Crowdfunding is a method of raising capital typically used by startups and early -stage companies. Unlike traditional capital -raising methods, crowdfunding targets a broader group of investors. In a smart city context, crowdfunding may be used to invest in healthy city alternatives such as a new children's park with Wi-Fi. Philanthropic support involves charitable giving from individual donors, corporations, foundations, or charitable organizations to worthy causes on a city scale to help society. Examples include the donation of a building to serve the city as an innovation lab, or the investment in a roadmap to kick-start a smart city project. 6 https://www.Iandmarkdividend.com/balancing-finance-options-for-smart-city-initiatives-2/ "Balancing Finance Options for Smart City Initiatives" City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 24 Page 583 of 661 "As -a -Service" financing is used when a city outsources the full range of a smart city offering in a turnkey manner. One example is the delivery of ongoing operation and maintenance of a city-wide smart streetlight program by a third -party operator where city then pays for this service over an agreed -to period of time. The following table from ESI Thoughtlab's "Building a Hyperconnected City' outlines how various smart city programs have been successfully financed. Departmental and consumption -based financing are regularly used for urban areas while some funding solutions are a better fit for particular projects. For example, social impact bonds align well with environmental and public safety while revenue share is more common on transportation projects, and privatization is common for energy and water projects'. Figure 3. Funding Solutions by Urban Focus Area TranaportatIon Consumption based linancing Department or local dry budget Federal support Revenue share financing Concession financing Energy and Water Consumption based financing Pay for success Department or local city budget Privatization of assets user fees Environment Department or local city budget Consumplfan-based lirrencIng sodai impact bo►1dS Federal SU Pporl Concssion financing Public Safety 44% Federal support 42% Consumption -based linancing 40% Department or local city budges 36% Rival of assets 33% Social impact bonds Governance 47% Department or local city budget 43% Consumption basedlinancintig 40% User fees 39% Federal support 34X ConCSronfinancu 41% 43% 42% 41% 35% 44% 40% 39% 35% 22% 'Source - ESI Thoughtlab; www.econsultsolutions.com; "Building a Hyperconnected City" City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 25 Page 584 of 661 Cybersecurity Considerations From smart streetlights to traffic cameras, loT devices are being used across the US to help cities operate more efficiently. Unfortunately, any loT device or Smart City solution also runs the risk of being hacked due to vulnerabilities at any network point. Smart City systems will be resilient to protect the privacy and user data segregation and should be built with industry standards from the National Institute of Standards and Technology (NIST) Cybersecurity Framework and Cloud Security Alliance (CSA) for controls a city should implement, empowering them to identify, protect, detect, respond, and recover from internal and external threats. The National Cybersecurity Centre (NCSC) follows specific steps that should be taken to protect a city from cyber threats: • Understand the Smart City goal and potential unforeseen impacts. • Quantify potential threats posed to the Smart City. • Structure Smart City cybersecurity governance and ensure city staff are professionally trained. • Discern the role of suppliers delivering Smart City infrastructure and cybersecurity. • Be aware of relevant legal and regulatory requirements (particularly surrounding data protection). The cybersecurity framework should deal with user and city data that could bring more responsibilities onto others to ensure data is not accessible to the outside world without proper authentication, authorization policies, and security. The Smart City Platform should be built from the ground up by considering security at every level. Cybersecurity protects applications and platforms from digital attacks usually aimed at accessing, changing, or destroying sensitive information. The City of Waterloo should apply security to the entire application and platform with the help of a unified identity and access management software. CONFIDENTIALITY Secure Configuration & Design Services Penetration Testing INTEGRITY Application Deployment Carin pp Asset Management AVAILABILITY Recovery Planning Post Incident Advisory PEOPLE • • • Cyber Security Assessments Awareness & Training Cyber Security Maturity PROCESS Guideline Frameworks Standards L'l 1❑ TECHNOLOGY 4 Cyber Security Appliances & Software Cyber Security Monitoring City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 26 Page 585 of 661 Confidentiality — Secure Configuration & Design Services with Penetration Testing The Smart City Platform should be configured for its own centralized Identity Access Management (IAM) management service, which should handle user life cycle management and data governance, enabling the City of Waterloo to manage the lifespan of the user account from its initial stage of provisioning to the end stage for de - provisioning, covering user role discovery, entitlement, and city directory service integration. Identity management and Single Sign On (SSO) — Adhere to best practices and minimize threats to identity infrastructure and access control to the platform and application module handled through a Security Assertion Markup Language (SAML) based SSO framework. Managing identity — Security frameworks with centralized user management solutions where cities are responsible for managing all identities in the deployed city ecosystem and should be capable provisioning user accounts, manages authorizations, de -provisioning user accounts, and managing all identity -related configurations across all systems. Smart City Platforms are designed to centralize employee identity management, thus making it easier to manage as well as provide transparency to external identity management infrastructure. Enforcing two -factor authentication — Performing two -factor authentication using One True Pairing (OTP) via Short Message Service (SMS) or e-mail. People — Cybersecurity Assessments, Awareness, & Training The Smart City Platform should have its own Lightweight Data Access Platform (LDAP) to record information for users and system resources, built using open -source frameworks and should be certified by control schemes. All the user details and roles should be added to the LDAP and should be integrated with identity servers enabling authentication service, stored and configured directly from the internal LDAP system as default. All the user roles and privileges should be managed through Role Based Access Control (RBAC) policies and configured and managed by LDAP services. Using RBAC, the city can segregate duties to application users and grant only the amount of access to those users who need to perform their jobs. Processes — Guidelines, Frameworks & Standards Smart City Platform applications should require users be provisioned and enforce proper access control guidelines, frameworks, and standards. Different applications should require distinct roles and user groups for authorization, and user groups should be created in LDAP. A comprehensive cybersecurity framework allows users a single pane -of -glass. The user management module should allow an onboarding user with required privilege and a onetime usable password that can be generated to the respective city application —it's called inbound provisioning. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 27 Page 586 of 661 Technology — Cybersecurity Appliances & Software, Cybersecurity Monitoring Cybersecurity appliances, software, and monitoring are critical to protecting city operational technology (OTs) and information technology (IT). Here is what should be: • Secure configuration and design — Network controls to include firewall installation and provisioning to be installed and configured with all workstations and Smart City Platform servers. • Applications and software — Patch management, disaster recovery, and the implementation of city - hardening profiles for all enterprise security applications deployed. • Remote monitoring and management — Enhanced performance and usability offered via native integrations and effective KPI monitoring capabilities. The platform and application should include RBAC, and the authentication to the platform should occur based on the user's identification and credentials stored within. Availability — Recovery Planning and Post Incident Advisory Data availability means that information is accessible to authorized users when it is needed, assuring data can be accessed and authenticated in alignment with confidentiality and integrity, availability is of equal importance. Post incident readiness and recovery planning should include disaster recovery to maintain proper backups for local recovery of Smart City applications to assure business continuity. Integrity — Application Deployment and Asset Management Cybersecurity application deployment represents the best cybersecurity and asset management practices that should be phased in with a progressive ramp -up in the number and complexity of the City of Waterloo's Smart City Platform to minimize risk (from pilot stage to large scale deployments). URLs for Reference: Texas ransomware attack shows what can happen when whole towns are targeted Judson ISD confirms $547,000 ransomware payment in taxpayer funds What Prescott, Ariz., Learned 'Dodging a [Ransomwarej Bullet' City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only 28 Page 587 of 661 Smart City Data Governance "Data is the new oil." This phrase is often used to highlight the increasing value and importance of data in the modern economy. Just as oil has been a crucial resource for driving economic growth for cities, data is now seen as a key driver of innovation, economic competitiveness and is instrumental for smart city success. With this valuable resource, however, comes a high degree of responsibility and accountability. Recently, seemingly disparate principles of equity and inclusiveness have been shown to be directly linked to the proper management and use of data. During a record setting 2022 snowfall in a large northeast metropolitan city, snowplows cleared streets in more affluent parts of the community, while the less affluent ("black and brown communities") didn't have their snow removed for several days, imperiling residents which ultimately led to 39 deaths. The lack of senior leadership access to various data points related to the storm, inadequate snowplow activity and even poor emergency response following the storm all contributed to this tragedy. Data was proven to be essential, not from just a public safety perspective but also providing an equitable city response to the storm. In order to unlock the full potential for the City of Waterloo, well thought out, updated and forward -looking data policies are required. Without these policies, Waterloo is unable to properly collect, utilize, store, share, and protect valuable data. Best practices suggest the development of a robust, living Data Management Plan (DMP) including a description of the data the city currently collects (and plans to collect) and is the standard for data re -use, re -distribution, and derivative products and plans for archiving and preservation. Consider the following when developing the DMP. Data Governance Overview Data governance encompasses the people, processes, and information technology (IT) required to create a consistent and proper handling of an organization's data across the business enterprise. A proper data governance framework ensures: • Data Ingestion • Open Data • Management • Standards Protocol • Production • Enterprise Data Security and Privacy • Retention • Independent Evaluations Requirements • Ownership and Stewardship • Data Architecture and Migration • Data Sharing Agreements • Definitions and Taxonomies A city's engineers and operators best understand the data complexities critical to ensuring safe and efficient city operations. By aligning a Smart City platform governance concept around the city's existing organizational structure and expertise, the City can create a framework that ensures success of the Smart City program so that: ■ Current data assets are classified and cataloged appropriately ■ Emerging opportunities to enhance current data formats can drive operational efficiencies ■ Future data assets adopt newer standards/formats City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 29 Page 588 of 661 Data Ingestion The API specifications integrate data from various sources and sectors (for travelers/users and their personal device information, non-traditional data sources like weather and social media, shared transportation providers like Uber, Lyft, Google Maps, and Waze) with a city's transportation data. This data integration can reduce congestion, prioritize traffic lights, vehicle emissions reporting, real-time bus routing, events planning, and citywide communications and should provide a flexible, open construct for data on - boarding while still maintaining privacy and data segregation where necessary. In a Smart City construct, data exists in many formats to process a flexible data delivery methodology for the quick importation of data from the entire continuum of Smart City layers and data producers. Data Management Any Recommended Projects implemented based on this Smart City Strategic Plan should include open and well - documented standards -based Application Programming Interfaces (APIs) and access historical data records for real-time, archived data inputs, and outputs to allow all stakeholders to contribute to and conduct comprehensive analysis. Smart City data should reside in a specific platform and should comply with a city's data governance standards and open data policies defined in the DMP and should include web services for public access, subject to applicable privacy, security, and other safeguards. Data Production The traditional approach of manually curated data warehouses (where data is selected from a larger dataset to satisfy some repeatable and understood business needs), is not a satisfactory construct in the Smart City environment. Instead, a Smart City platform uses an open "data lake" architecture that stores many variations of both structured and unstructured data in a mostly untransformed state. Data produced consists of test data, machine-readable data, transaction data, intelligent infrastructure data, qualitative data, and unstructured data. Data Retention Cities follow a data retention policy that retains escribed, destruction timelines by type, such as unemployment records and construction projects. In addition, cities maintain destruction requirements by data classification (public, reserved, confidential, and regulated). Policies and provisions for the re -use, re -distribution, and the production of derivatives should be governed by the city's DMP. To share Smart City data most effectively, cities should establish and manage partnerships, data or information sharing agreements that will include data sharing concerning data types, legal, ownership, storage, access approval, roles, training, analysis, dissemination, and timelines. Any policies and procedures that are not currently in place should be developed to address Smart City data integrity and sharing. Data Ownership and Stewardship Data access and ownership —governed and controlled by the city's open data policy —should continue to be the data owners' responsibility, and the city's IT Department should be the custodian of data assets to protect, secure, and serve users. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 30 Page 589 of 661 Data Sharing Agreements The city should establish and manage partnership, data, or information sharing agreements that should include data sharing aspects like data types, legal, ownership, storage, access, approval, roles, training, analysis, dissemination, and timelines. The data policy should specify data sharing agreements for preserving project data that should be collected, managed, and shared in the Waterloo Open Data Catalog, Waterloo Smart City Platform, and outside organizations. Open Data Currently the city collects and maintains minimal open data assets and excludes all third -party privacy and security requirements, including Criminal Justice Information System data, 911 data, Health Insurance Portability & Accountability Act (HIPAA) records, Personal Identifiable Information (PII), Payment Card Data and Security Standard data. Going forward, the city plans to collect, manage, and share data generated from the Smart City Platform. Open standards -based Application Program Interfaces (APIs) and access to historical data records for the purpose of real-time and archived data inputs and outputs should reside in the Smart City Platform database to comply with the city's data governance standards and open data policies should include web services for public access, subject to applicable privacy, security, and other safeguards. The Smart City Platform should access current city data sets, including data associated with the Smart City projects and third -party data sources. By taking this approach, all related stakeholders will be able to contribute and conduct comprehensive analysis to better understand the city's challenges to achieving Smart City KPIs, goals, and objectives. Open Data URLs: State of New York I Open Data (ny.gov) Denver Open Data Catalog (denvergov.orq) Open Data I City of Austin Texas I Open Data I City of Austin Texas LAC Open Data I LAC Open Data (lacounty.gov) Data Standard Protocols Data standard protocols and interfaces help to daylight synergies between city departments and the Smart City platform should interface with national standards such as the National Transportation Communications for ITS Protocol and the Traffic Management Data Dictionary Standard for Center -to -Center Communications. The Smart City Platform will conform to industry standards and protocols such as Representational State Transfer (REST) API, and OASIS (OData). Open Internet Communications Technology (ICT) standards should follow oneM2M standards for Machine -to - Machine (M2M) standards constituted by eight of the world's leading ICT standards development organizations, including: ARIB (Japan), ATIS (United States), ETSI (Europe), TIA (United States), TSDSI (India), TTA (Korea) and TTC (Japan). loT and security -based frameworks should follow NIST and the Open Web Application Security Project (OWASP). For direct system -to -system or center -to -center integration, the City of Waterloo will conform to the prevailing defined industry standard specifications. City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only 31 Page 590 of 661 Enterprise Data Security & Privacy Cities should maintain policies, standards, and procedures that address the privacy and security of personal information and have systems in place to meet the federal and state requirements for the treatment of Personally Identifiable Information (PII). Cities should follow federal requirements and standards including but not limited to the National Institute of Standards and Technology (NIST), the Payment Card Industry Data Security Standard (PCI-DSS), the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA) and the Children's Online Privacy Protection Act (COPPA). A Data Classification and Handling Policy establishes ownership, guidelines and governance over information assets for all technology and business domains within the city. The policy sets protocols for ensuring data and information assets are classified by value, criticality, sensitivity, and whether the information is subject to applicable third -party requirements (including but not limited to federal, state, local legislation or industry specific regulations). The classification of data sets the level of security and technical controls put in place to protect the information. The policy requires each agency (or department) to identify their data and information assets for the purpose of classification. An Information Security Policy addresses information security for Waterloo's information technology environments. It addresses confidentiality, access control, identification, authentication, monitoring, media protection, physical security, internet security, remote access, encryption, and virus control. Cities should develop and implement the additional policies and procedures that are needed to ensure privacy of Smart City data. Smart City information will be added to risk control to ensure privacy and security are monitored regularly. For smart city programs, a Data Privacy Plan should be developed, which will address technical, policy and physical controls to be implemented to address risks, mitigation and testing to ensure data privacy. Existing information security artifacts, risks and security controls should be verified and updated to confirm that the PII and Sensitive PII (SPII) requirements for the program are met or exceeded. Independent Evaluation Requirements The city should work closely with an Independent Evaluator to drive continuous open data policies improvement. To achieve this, the city should create an Evaluation Support Plan to collect, store, and manage relevant data and metadata in the Smart City Platform as a central repository for the Independent Evaluator applying quantitative and qualitative evaluation methodologies. The data collected to support the independent evaluation should be "owned" by the city, and the Smart City Platform should store and separate from additional data collected in compliance with a City of Waterloo Information Security Policy. The Independent Evaluator should have full access to performance measurement data through authorized access to the secure data from the Independent Evaluator landing page. The Smart City Platform should demonstrate performance measures, collect additional field test data, and conduct experiments to supplement data not available from the site. The performance measurement data and targets should be independently evaluated through the Smart City Platform portal, collecting and generating the necessary data to evaluate the performance measurements and targets defined in the City Performance Measurement Plan. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 32 Page 591 of 661 ISO Global Smart City Standards: 37120 (Indicators for City Services & Quality of Life), 37122 (Smart Cities), and 37123 (Resilient Cities) The International Organization for Standardization (ISO) was established in 1947 to develop quality standards for businesses worldwide. Today, ISO members from 164 countries have produced some 22,700 requirements, specifications, guidelines, and characteristics governing quality assurance for nearly every type of business and technology.8 The ISO defines three smart city -related standards as shown in the following image. The Tables of Contents for each are included here for reference. Waterloo's Smart City Strategic Plan recommends compliance with these standards over the 10-year Implementation Roadmap to establish Waterloo as a first -tier smart city globally. \)s SUSTAINABLE CITIES AND COMMUNITIES ISO 37120 indicators For City Services & Quality of Life ISO 37122 indicators for Smart Cities ISO 37123 indicators for Resilient Cities 8 https://reciprocity.com/resource-center/guide-to-iso-certification-and-iso- compliance/#:-:text=There%20are%20more%20than%2022%2C600, QMS%20standards%20for%20specific%20industries. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 33 Page 592 of 661 ISO 37120 — Indicators for City Services & Quality of Life INTERNATIONAL STANDARD ISO 37120 Second edition 2 D 13-07 Sustainable cities and communities — Indicators for city services and quality of life Vflles et communou tes territorialdurables— Ind reteurs pour !es services urboins et Fa qua?fte de vie ISO 'fir Reference number ISO 37120:201>?(E) c. ISO 201E ©IS,7_ Fermisswn granted la} ='.: -• - . •: : to provide Jie -ah.e of Can,ents to Smart Cities ousiomers for review pirpases only. No tether ormpyn_.-.::_.iaedxithautwritten permissionafANSI. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only Page 593 of 661 LSO 37120:Z018g] Contents Page 1 2 Normative referen.ces -1 3 Terms and definiti ons -1 4 5 Economy -5 5.1 City's unemployment rate (core 5.1.1 General .5 5.1.2 Core indicator requirements 5.2 Assessed value of commercial and industrial properties as a percentage of total 5.2.1 General .6 5.2.2 Supporting indicator 6 5.3 Percentage of persons in fiell-time employment (supporting indicator) -.....—....—.....—......6 5.3.1 General. .6 5.3.2 Supporting indicator 6 5.4 Youth unemployment rate (supporting indicator) ...—....—.....—....—.....—.....—.....—.....—......7 5.4.1 General .7 5.4.2 Supporting indicator g 7 S.S Number of businesses per 100 000 population (supp-orting inclicator)—.....—....—.....—.....7 5,5.1 General .7 5.5.2 Supporting indicator 5,5.3 Data sources — 5.6 Number of new patents. per 100 000 population per year (suppordngindicat[]......_......0 5.6.1 General. .8 5.6.2 Supporting indicator 5.7 Annual number of visitor stays (overnight) per 100 000 population (supporting indicator) -8 5.7.1 General .8 5.7.2 Supporting indicator 9 5.7.3 Data 5.8 Commercial air connectivity (number of non-stop commercial air destinations) (supporting indicator). .9 5.8.1 General. .9 5.13.2 Supporting indicator 9 5.9 Economy profile indicators.. .10 5.9.1 Average household income (USD) (profile indicator) —.....—.....—.....—....—.....--.10 5.9.2 Annual inflation rate based on the average- of tbe past five years (profile indicator). 10 5.9.3 City product per capita (USD) (profile indicator) 10 6 Education .11 6.1 Percentage of female school -aged population enrolled in schools (core inclicato[].....—...11 6.1.1 GeneraL....—.....—.....—.....—.....—....—.....—.....—....—.....—....—.....—....—.....—....—....11 6.1.2 Core indicator 6.2 Percentage of students completing primary education: survival rate (core indicator)—...12 6.2.1 General. .12 6.2.2 Core indicator requirements —....—.....—.....—....—.....—....—.....—....—.....—....—....12 6.2.3 Data sources .13 ESO 201a -All rights reservedui L50. Permission granted by ANSI al behalf of ISO to provide tie Tat of Center's to Smart Ctlies ortiners for review pip:nes onty. - r a ai no City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only Page 594 of 661 ISO 37120:2013(E] 6.3 Percentage of students completing secondary education: survival rate (core indicator)„13 6.3.1 General,,,_-,,.,,_,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,_,.,,_,,.,,.13 6.3.2 Core indicator 6.3.3 Data sources,,, - -—,,.,,_,.,,,-,,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,.13 6.4 Primary education student -teacher ratio (core 6.4.1 General,,,— —-,,.,,_-,,.,,_,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,_,.,,_,,.,,.14 6.4.4 Data interpretation............. _...................... _ — ....,_,,.,,_,,.,,.14 6.5 Percentage of school -aged population enrolled in schools [supporting indicator].,,_,,.,.15 6.5.1 General,,,. _ -.... — -—,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,_,.,,_,,.,,.15 6.5.2 Supporting indicator 6.6 Number of higher education degrees per 100 000 population (supporting indicator]......15 6.6.1 General,,, -.,,,,,, - -_,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,_,.,,_,,.,,.15 6.6.2 Supporting indicator 7 Energy - — ——,,.,,_,,.,,- — - —-,,.,,_,,.,,-,,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_16 7.1 Total end -use energy consumption per capita [Gj/year] (core indicator) ,,,, _,..._....._,....16 7.1.1 General,,. _,, ,,_,,.,,-,,.,,_,,.,,-,,.,,_,, ,,-,,.,,_,,.,,_,.,,_,,.,,.16 7.1.3 Data sources... _,,,,,,_-,,.,,_,,.,,_,.,,,-,,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,.17 7.2 Percentage of total end -use energy derived from renewable sources (core indicator) ......17 7.2.1 7.3 Percentage of city population with authorized electrical service (residential] (core indicator)_.._.._.._._.,_.._.._._.._.._.._._.._.._.._._.._.._,._..-.._.._.._..-.._.._.._..-.._.._18 7.3.2 Core indicator 7.4 Number of gas distribution service connections per 100 000 population (residential) (core indicator) _.._.._.._._.._.._.._._.._.._.._._,._.._.._._.._.._.._..-.._.._.._...18 7.4.1 General,,,— —-,,,,,,_,,.,,-,,.,,_,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,_,.,,_,,.,,.18 7.5 Final energy consumption of public buildings per year (Gl/mZ] (care indicator) .._.._.._._ 19 7.5.2 Core indicator requirements_ ——,,.,,-,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_ _,.,,_,,.,,.19 7.6 Electricity consumption of public street lighting per kilometre of lighted street (kWh/year) (supporting indicatar)„_,,.,_,,.,,_,,.,,-,,.,,_,,.,,-...,,_,,.,,-,,.,,_,,.,,_,.,,_,,.,,.19 7.6.1 General,,,.-,,.,,_,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,_,.,,_,,.,,.19 7.6.Z Supporting indicator 7.7 Average annual hours of electrical service interruptions per household 7.7.2 Supporting indictor 7.8 Energy profile indicators ..... 7.8.1 Heating degree days (profile 7.8.2 Cooling degree days (profile indicator) 8 Environment and climate change ........_,,.,,_,.,,_,,.„_,.,,_,,.,,_,.,,_,,.,,_,.,,_22 8.1 Fine particulate matter (PM2.5) concentration (core 8.1.1 General,,,— —-,,,,,,_-,,.,,_,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,_,.,,_,,.,,.22 8.2 Particulate matter (PH10) concentration (core 8.2.1 General,,,.-,,.,,_,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,-,,.,,_,,.,,_,.,,_,,.,,.22 8.2.2 Core indicator requirements_,,.,_,,.,,_,,.,,-,,.,,_,,.,,-...,,_,,.,,-,,.,,_,,.,,_,.,,_,,.,,.23 iv GO Z018 - Al] ri..015 reserved € I50. Permission granted by ANSI on behalf of ISO to provide the Table of Consents to Smart Cities customers for review purposes oral!. Na fuiher distibutian or cupyirg of any text authcoized Without written permission of ANSI. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only Page 595 of 661 ISO 37120:2018(0 8.3 Greenhouse gas emissions measured in tonnes per capita (core B.3.1 Genera] _ ......._,.,,_,,.,,_,,.,,_,.,,_,,.,,_,.„_,,.,,_,.,,_,,.,,_,,.,_,,.,23 B.3.2 Core indicator requirements_,,.,_,,.,,_,,.,,_,.,,_,,.,,_,.„_,,.,,_,.,,_,,.,,_,.,,_,,.,23 8.4 Percentage of areas designated for natural proteon (supporting B.4.L Genera] _,,,,,,r,,,,,,_,,.,,_,.,,_,,.,,_,,.,,_,.,,_,,.,,_,.„_,,.,,_,.,,_,,.,,_,,.,_,,.,24 B.4.2 Supportingindicatorrequirements,,.,,_,,.,,_,,.,_,,.,,_„.,_,,.,,_,,.,_,,.,,_,,.,_,,.,24 8.5 NO2 (nitrogen dioxide) concentration (supporting indicamr)_,...._...._....._...._....._,..25 B.5.1 Genera] _....__....._.._.._._.._....._,_.,_....._._.._.._.._...._.,_.25 B.5.2 Supportingindicatorreguiremenis,,.,,_,,.,,_,,.,_,,.,,_„.,_,,.,,_,,.,_,,.,,_,,.,_,,.,25 8.6 SO2. (sulfur dioxide) concentration (supportingind r�rz.r]....._,,.,,_....._....._....._....._,.,25 B.6.1 General _,,.,,_,,.,,_,,.,,._,,.,,_,,.,,_,.,,_,,.,,_,.„_,,.,,_,.,,_,,.,,_,,.,_,,.,25 8.6.2 Supportingindicatorrequirements,,.,,_,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,_,,.,26 8.7 03 (ozone) concentration (supporting 8.7.2 Supportingiodicatorrequirements....._.._.._.._._....._,._,_....._.._._.._.._...._.,_.26 8.8 Noise pollution [supporting 0.0.2 Supportingindicatorrequirement3,,.,,_,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,_,,.,27 B.8.3 Data sources _,,.,,_,.,,__,..................,,_,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,_,,.,27 8.9 Percentage change in number of native species [supporting indicator)_,,.,,_,,.,_,,.,,_,,.27 B.9.L Genera] _ _......_......__....................,,_,,.,,_,.„_,,.,,_,.,,_,,.,,_,,.,_,,.,27 8.9.2 Supportingindicatorrequirements,,.,,_,,.,,_,,.,_,,.,,_„.,_,,.,,_,,.,_,,.,,_,,.,_,,.,27 9 Finance_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,,.,_,,.,,_,,.,_,,.,,2.8 9.1 Debt service ratio (debt service expenditure diture as a percentage of a cites own -source 9.2 Capital spending as a percentage of total expenditures (core indicator)......_...._...,,_,..29 9,2.2 Core indicator requirements_,,.,_,,.,,_,,.,,_,.,,_,,.,,_,.„_,,.,,_,.,,_,,.,,_,.,,_,,.,29 9.2.3 Data spumes _....,,.,,_,.,,_,,.,,_,,.,,_,.,,_,,.,,_„.,_,,.,,_,,.,_,,.,,_,,.,_,,.,29 9.3 Own -source revenue as a percentage of total revenues (supporting indicator)„_....._„. 29 9.3.2 Supporting indicator 9.4 Tact collected as a percentage of tax billed (supporting indicator),_,...—.....—....—.....—...30 9,41 Genera] _,,.,,_......_......__,..................,,_,,.,,_,.„_,,.,,_,.,,_,,.,,_,,.,_,,.,30 9.4.2 Supportingindicatorrequirements,,.,,_,,.,,_,,.,_,,.,,_„.,_,,.,,_,,.,_,,.,,_,,.,_,,.,30 9.5 9.5.1 Gross operating budget per capita (USI}) [profile indicator] ... ..... .... ..... .. 30 9.5.2 Gross capita] budget per capita (USC) [profile indicator) _...._.._.._.._._....._,._ 31 10 Governance .,,,,,, ,,,,,,,,, _,, ,,_, ,,_,, ,,_ _ _,,.,_,,.,,_,, ,_,, ,,_,,,_,,.,,_,,.,,_,,.,,_,,.,,_,,...31 10.1 Women as a percentage of total elected to city -level office [core indicator] 10.1.2 Core indicator requirements _,..._,,.,,_,,,,,_,,,,,,_ _ _,.,,_,,.,31 10.2 Number of convictions for corruption and/or bribery by city officials per 100 000 10.2,1 Genera]_,,.,,_,.,,_,,.,,_,,.,,_,.,,_,,.,,_,.„_,,.,,_,.,,_,,.,,_,,.,_,,.,32 10.2.2 Supporting indicator requirements......._,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,_,,.,32 10.3 Number of registered voters as a percentage of the voting age population 10.3.1 Genera] _,,,,,,_,,,,,,__,.,,_,,.,,_,,.,,_,.,,_,,.,,_,.„_,,.,,_,.,,_,,.,,_,,.,_,,.,32 ISO 2018 - 6J rieIi reserred v I50. 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Lin f.elL.a. n.,...o...Pm:eF =wu wew.,k...m of iJCI City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 37 Page 596 of 661 ISO 37120:2018(E] 10.4 Voter participation in last municipal election (as a percentage of registered voters) [supporting indicator]......_ _ _ _ _ _ _ _ ——,,,,,,_ _,,.,,_,,.,_33 10.4.2 Supporting indicator 10,4.3 10.4.4 11 Health__,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_33 11.1 Average life espettancy [core indicator],_,,... .......,,_....._...,,_....._...,,_....._...,,_......34 1L1.1 General,,,_,,.,,_,,.,,— ——,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,.,,_,,.,,.34 12 13 11.2 Number of in -patient hospital beds per 100 000 population (core indicator).. ..... .....34 11,2.1 General,,,__,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,.,,_,,.,,.34 11.3 Number ofphysi€ions per 100 000 population (care indicator).,_.._.._.....—.._.._.....—.._.._35 11.4 Under age five mortality per 1 000 live births (core indicator)..,_....._.....—....._.....—......35 11.4.1 General,,,— ——,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,.,,_,,.,,.35 11.4.2 Core indicator 11.4.3 Data sources..._,,.,,_,,.,,_,.,,,_,,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,.36 11.5 Number of nursing and midwifery personnel per 10.0000 population (supporting indicator)..._....._...,_....._...,_....._...,_....._...,_....._...._....._.. _...,,_....._....._36 11.5.2 Supporting indicator requirements... .. ,,_,... ..... ... ..... ..,. ..... .... ......36 11.6 Suicide rate per 100 000 population [supporting indicator)_...,_....._...,_....._.... ......3 T 11.6.2 Supporting indicator requirements... ..... .... ..... ... ..... ..,. ..... .... ......3T 12.1 Percentage of city population living in inadequate housing (core indicator)....._.....—.....37 12.1.1 General,,,_,,.,,_ _,,.,,— ——,,.,,_ _,,.,,_,,.,,__,,.,,_,,.,,_,,.,,_,.,,_,,.,,.37 12,1.3 Data sources _,,,.,,_,,.,,_,.,,,_,,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,.38 12.2 Percentage of population living in affordable housing (core indicator)......_...._.... _.....38 12.2.1 General,,,. _ _,,.,,_,,.,,_,,.,,— ——,,.,,_,,.,,_,.,,_,,.,,.38 12.2.3 Data sources„__,,.,,_,,.,,_,.,,,_,,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,.38 12.3 Number of homeless per 100 000. population (supporting indicator)—.....—....—.....—.....39 12.3.2 Supporting indicator requirements_.._ _.._.._._.,_.._.._ _.._.._._.._.._..-39 12.4 Percentage of households that exist without regi stered legal titles (supporting indicator) ..........,, ,_,, ,,_,, ,_,,,,_,,.,,,.,,_,,.,,_,,.„_,,.,,_,,.,,_,,.,,_,,.,,_39 12.5 Housing profile indicators... _,, ,,_ _,,.,,_,.,,_,,.,,_,.,,_,,.. _,.,,_,,.,,_,.,,_,,.,,_,,.,_40 12,5.1 Total number of households (profile indicator) _.....—..,_,,...—....—.....—.....—......40 12.5.2 Persons per unit (profile indicator) ...._,,.,,_,.,,_,,.,,_,.,,_,,.,,_,,.,_,,.,,.40 12.5.3 Vacancy rate (residential) (profile indicator),,,_,,...—..,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,.40 12.5.4 Living space (square metres) per person (profile indicator),_,,...—.....—.....—...,.41 12.5.5 Secondary residence rate (profile indicator),,,,__...................,,_,,.,,_,,.,,.41 12.5.6 Residential rental dwelling units as a percentage of total dwelling units 13.1 Percentage of city population living below the international poverty line (core indicator) _,,.,,_,,.,,_,,.. _,,.,,_ .-42 vi !SD 2018 -M(1015 reserved ID ISO. 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City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 38 Page 597 of 661 LS037120:2018(0 13.1.3 Data interpretation .43 13.2 Percentage of city population living below the national poverty line (supporting indicator) .43 13.3.3 Data interpretation. .43 13.3 Gini coefficient of inequality (supporting indicator) -....-.....-.....-.....-.....-.....-.....-....43 13.3.1 General .43 13.3.2 Supporting indicator 13.3.3 Data sources 44 13.4 Population and social conditions profile indicators. 45 13.4.1 Annual population change (profile 13.4.2 Percentage of population that are foreign born (profile 13.4.3 Population demographics (profile indicator). 45 13.4.4 Percentage of population that are new immigrants (profile indicator).-.....-....4.6 13.4,5 Percentage of city population that are non -citizens (profile indicator) 13.4.6 Number of university students per 10(1 000 population (profi]e indicator).-....47 14 Re-creation. .47 14.1 Square metres of public indoor recreation space per capita (supp-orting indicator)...-....47 14.1.1 General .47 14.1.2 Supporting indicator 15 14.2 Square metres of public outdoor recreation space per capita (supporting indicator) -....413 14.2.2 Supporting indicator 14.3.3 Data sources.. .49 15.1 Number of firefighters per 10000C population (core indicator]...-.....-.....-....-.....-... 49 15.1.1 General .49 15.1.2 Core indicator requirements -....-.....-.....-....-.....-....-.....-....-.....-....-....49 15.2 Number of fire -related deaths per 100 000 population (core indicator)......-....-.....-... 50 15.2.1 General .50 15.2.2 Core indicator requiremenia -....-.....-.....-....-.....-....-.....-....-.....-....-....50 15.2.3 Data sources .50 15.3 Number of natura]-hazard-related deaths per 100 000 population (core indicator).-...50 15.3.1 Genera] .50 15.3.3 Data sources .51 15.4 Number of police officers per 100 000population (core indicator)-....-.....-....-.....-... 51 15.4.1 Genera] .51 15.4.3 Data sources .51 15.5 Number of homicides per 100 000 population (core indicator).....-....-.....-....-.....-... 51 15.5.1 General .51 15.6 Number of volunteer and part-time firefighters per 100 000 population 15.6.1 Genera] .52 15.7 Response time for emergency response services from initial call (supporting indicator) 52 15.7.1 Genera] .52 15.7.2 Supporting indicator requirements.53 15.8 Crimes against property per 100 000 population (supporting E502D15-A0rresre1 ISO. Permission granted Cy ANSI on Imhoff af Mato pravicie d‘e "ralo e ar Contents ta Smart Cities a/stoops for review purposes ority. No further disiriaian ar canin of any lext is authorised nithaut wr7ter perrnissian arANSI. City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only 39 Page 598 of 661 ISO 37120:2018(E) 15.8.2 Supporting indicator 15.9 Number of deaths caused by industrial accidents per 100 000 population 15.9.1 General...._....._......_.._.._....._.._.._.._.,_.,_.._....._.._.,_,._.._....._.._,._._.._.._.._53 15.9.2 Supporting indicator 15.10 Number of violent crimes against women per 100 000 population (supporting 15.10.2 Supporting indicatorrequuements.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,.54 16 Solid waste........_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,,.,_,,.,,_,,.,_,,.,,_55 16.1 Percentage of city population with regular solid waste collection (residential) 1-6.1.3 Data sources... 16.2 Total collected municipal solid waste per capita (core 16,2.3 Data interpretation....,,_,.,,_,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,,,57 16.3 Percentage of the city's solid waste that is recycled (core indicator] „_....._,.,,_....._,....ST 16,3.1 General,,,_ _......__...............,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,.,,_,,.,,.57 16.3.3 Data sources„_.... —...._,,.,,_,,.,,_,,.,,_,.,,,_,,.,,_,,.,,_,.,,_,,.,,_ _,.,,_,,.,,.57 15.4 Percentage of the city's solid waste that is disposed of in a sanitary landfill (core indicator) _,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_53 16.4.2 Core indicator requirements _..,_....._.... _...._....._...._,,..._....._...,,_,..._......58 16,4.3 Data sources,,. ,,,,,,,_,,.,,_,.,,,_,,.,,_,,.,,_,.,,_,,.,,_ _,,,,,,_ _ 58 16.5 Percentage of the city's solid waste that is treated in energy -from -waste p]an13 16,5.3 Data sources„_,,,,,_,,.,,__,,.,,_,,.,,_,.,,,_,,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,.59 16.6 Percentage of the c ity's solid waste that is biologically treated and used as compost or biogas (supporting indicator)_....._.... _...._....._,.. _,,..._,..._...,,_,..._......59 16.6.2 Supporting indicator requuemenl5.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,_,.,,_,,.,,.59 16.7 Percentage of the city's solid waste that is disposed of in an open dump 16.7.2 Supporting indicator 16.8 Percentage of the city's solid waste that is disposed oily other means (supporting 16.8.2 Supporting indicator 16.9 Hazardous waste generation per capita (tonnes) (supporting indicator) ..._,.,,_....._...,.51 16.9.2 Supporting indicator requ cements..._.... _,..._....._,.. _,,..._,..._...,,_,..._......51 15.10 Percentage of the city's hazardous waste that is recycled [supporting indicatnr]....._.....62 16.10.1 General,,. r r_,,,,,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,,.,,_,.,,_,,.,,.62 16,10.2 Supporting indicator requirement....._.... _...._....._,.. _,,..._,..._...,,_,..._......52 viii ' ISO 2018 - Al] rifts rexrved N ISO_ Permission granted by ANSI on behalf of ISO to provide the Tide of Conienis to Smart Cities oustorners for review pirposes only. 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City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 40 Page 599 of 661 ISO 37120:2018[E] 17 Sport and culture—,,.,—,,.,,—,,.,—,,.,,—,,.,—,,.,,—,,.,—,,.,,—,,.,,_,,.,,—_,,.,,—,,.,,_,,.,,—,,.,,_,,...63 17.1 Number of cultural institutions and sporting facilities per 100 000 population 17.1.2 Core indicator requirements—...,—.....—.....—,...—.....—,.„—.....—,...—.....—,...—...,63 17.2 Percentage of municipal budget allocated to cultural and sporting facilities (supporting indicator)„——,...................................................,,—,,.,,_,,.,,—,,.,63 17.2.1 Genera] — — — — —,........................................................,63 17.2.2 Supporting indicator 17.3 Annual number of cultural events per 100 080 population (e.g. exhibitions, festivals, concerts] (supporting indicator) _.... ..... ——,........................,—,,., 64 17.3.1 Genera]—,,.,,—,,.,,_,,.,,—,,.,,—,.,,—,,.,,—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,,.,—,,.,64 17.3.2 Supporting indicator requirements.._..—.._..—.._.—.._..—.._.—.._..—.._.—.....—.._.—.._.64 18 Telecommunication._.._.—.....—.._.._.._..—....._.._..—.._.._.._..—.._..—._..64 18.1 Number of internet connections per 100 000 population (supporting indicator)_....._....64 18.1,1 General — — — — ——,,.,,—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,,.,—,,.,64 18.1.3 Data sources._—.._..—._..—.._..—._..—.._..—.._..—._..—.._..—.._.—.._..—.._.—.....— — 65 18.2 Number of mobile phone connections per 100 000 population (supporting indicator) . 65 18.2.1 Genera]—,,.,,_,,.,,——,.,,—,,.,,—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,,.,— 65 18.2.3 Data sources—.._..—._..——._..—.._..—.._..—._..—.._..—.._.—.._..—.._.—.....—.._.—.._.65 19 Transportation .—....—.....—....—.....—....—.....—....—.....—....._.....—....._.....—....._.....—.._.._.._..66 19.1 Kilometres of public transport system per 100 000 population (core indicator) _.....—...66 19.1.1 General —,,.,,_....._....._...._..... ....,,—...,,—,.,,—,,.,,—,.,,—,,.,,—,,.,—,,.,66 19.2 Annual number of public transport trips per capita (core icator).... ..... ....—,,.......67 19.2.1 General 19.2.3 Data sourced..,,.,,—,.,,—,,.,,—,,.,,—,.,,—,,.,,—,,.,—,,.,,—,,.,—,,.,,—,,.,—,,.,67 19.3 Percentage of commuters using a travel mode to work other than a personal 19.3.1 Genera] — — _..... ..... .... ..... ..,,—,... ... .,,—,,.,,—,.. ...,,—,,.,—,,.,68 19.3.2 Supporting indicator 19.3.3 Data sources —,,.,,—,.,,—,,.,,—,,.,—,,.,,— ——...,—,,.,68 19.4 Kilometres of bicycle paths and lanes per 100 000 population (supporting indicator)....69 19.4.1 Genera]—.._..—.._..—._..—.._..—....—.._..—...——.._.—.._.69 19.5 Transportation deaths per 100 000 population (supporting indicator)—.....—...,—.....—...69 19.5.1 Genera] —,,.,,— ^.—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,,.,—,,.,69 19.5.2 Supporting indicator requirements—.._..—.._.—.._..—.._.—.._..—.._.—.....—.._.—.._.69 19.6 Percentage of population living within 0.,5 km of public transit running at least every 20 min during peak periods (supporting indicator) ..... ....._..... ..... .... ..... ...70 19.6.1 Genera]—,,.,,—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,,.,—,,.,70 19.7 19.7.1 Genera]—,,.,,_,,.,,—,,.,,—,.,,—,,.,,—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,.,,—,,.,,—,,.,—,,.,71 19.7.3 Data sources —,,.,,—, ,,——,.,,—,,.,,—,,.,,—,.,,—,,.,,—,,.,—,,.,,—,,.,—,,.,,—,,.,—,,.,71 19.8 Transportation profile indicators_,,.,,—,,.,,_,,.,,—,,.,,_,,.,,—,,.,,_,,.,,—,,.,,—,.,,—,,.,71 19.8.1 Number of persona[ automobiles per capita (profile 19.3.2 Number of two -wheeled motorized vehicles per capita (piofde indicator) ..._...71 20 Urban/local agriculture and food securiitp,_....._....._....._....._...„—.....—....—....._...—....72 [S4 2018 - A0 rkhts reserved is - - _ .. -n granted by ANSI cn behalf of ISGta provide the Table of Conlents to Smart Cities ouslomers for review pirposes only. •a : • ..,-icn ar oapyn4 of any text is authorized nitwit written pennissian of ANSI. City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 41 Page 600 of 661 ISO 37120:2R18[E] 20.1 Total urban agricultural area per 100 000 population (core indicator) .••.••—•...—••.. _...•.72 20.1.1 General. ••• — —••••—••.••—••.••—••.••—•,.••—••.••—••.••—••.,•—•.••—••.••.72 20.2 Amount of food produced locally as a percentage of total food supplied to the city 20.2.1 General. ••——••.••—••.•,—••.••—••.••—••.••—••.••—••.••—••.••—•,.••—••.••—••.••—••.,•—•.••—••.••.73 20.2.2 Supporting indicator requuements.••—••.••—•.••—••.••—,.••—••.••—•.••—••.,•—•.••—••.••.73 20.3 Percentage of city population undernourished (supporting indi€star)_••.••—•...—••.. _..••.73 20.3.2 Supporting indicator requiremeuts...—.....—._..—.._..—,_..—.._..—._..—.._,.—._..—.._... T4 20.3.3 Data sources..—....——.._..—.._..—.....—._,..—.._..—.._..—,_..—.._..—._..—.._,.—._..—.._...74 20.4 Percentage of city population that is overweight or obese — Body Mass index (EMI) (supporting indicator)._.,—.._..—._..—.....—._,.—.._..—.._.—.,_..—.._.—.._..—.._,—.._..—.._._74 20.4.2 Supporting indicator requuements.••—••.••—•.••—••.••—,.••—••.••—•.••—••.,•—•.••—••.••.T4 21 Urbanplenning•,•••••, ••,•••. — — ——••,••—••.,•—••.•—,•.••—•,.•—••.••—••.•—••.•,—••.•—••.••_76 21.1 Green area (hectares) per 100 000 population (core indicator).. ..... ...••—••... .... _...••.76 21.1.1 General. ••.—••.••—••.••—••.••—••.••—•,.••—••.••—••.••—••.,•—•.••—••.••.76 21.2 Areal size of informal settlements as a percentage of city area (supporting indicator) .....76 21.2.2 Supporting indicator requuements.••—••.••—•.••—••.••—,.••—••.••—•.••—••.,•—•.••—••.••. T6 21.3 21.3.2 Supporting indictor requuemeut3...—.....—._..—.._..—,_..—.._..—._..—.._,.—._..—.._...T7 21.4 Basic service proximity (supporting indicamr]_.....—._..—.._..—,_..—.._..—._..—.._,.—.._.—.._... T$ 21.4.1 General...—.....—.....— ——.....—.....—.....—.._..—.._..—.,_..—.._..—.._..—.._,.—._..—.._...70 21.4.2 Supporting indictor requiremeuts...—.....—._..—.._..—,_..—.._..—._..—.._,.—._..—.._...70 21.5 Urban planning profile indicators.. _..—.._.—.....—...•— ——.._..—.._,.—.._..—.._...79 21.5.1 Population density (per square kilometre) (profile 21.5.2 Number of trees per 100 000 population (profile indicator) —••.••—••... .... ..••.79 21.5.3 Euih-up density (profile indicator)....—••.•—••.••—••.••—•,.••—••.••—•.••—••...—•.••—••.••.79 22 Wastewater—••.,•—•.••—,•.••—•.••—••.••—•.••—••.•,—••.•—••.••_00 22.1 Percentage of city population served by wastewater collection (core indicator}.••.•,—••.•••8O 22.1.1 General. ••——•••,••— ——••.••—••.••—••.••—••.••—••.••—•,.••—••.••—••.••—••.,•—•.••—••.••.8O 2Z.1.3 Data sources.. —•••,•— — ——••,•••—•••,••—••.••—••.••—,.••—••.••—•.••—••.,•—•.••— BO 22.2 Percentage of city's wastewater receiving centralized treatment (core indicator) .•.— BO 22.3 Percentage of population with access to improved sanitation [core indicator]—••.•,—••.•.8Y 22.3.1 General ••——•••,••— — r—••,•••—•••,••—••.••—••.••—•,.••—••.••—••.••—••.,•—•.••—••.••.8Y 22.3.2 Core indicator requirements ——....—.._..—.._..—.,_..—.._..—.._..—.._,.—._..—.._...82 22.4 Compliance rate of wastewater treatment (supporting indicator)......—.....—.....—.....—......82 22.4.2 Supporting indicator requirementr...—.....—._..—.._..—,_..—.._..—._..—.._,.—._..—.._...62 23 Water .••,•••——••••,•— — ——•••,••—••••,•——,•.••—•.••—••.••—•.••—••.•,—•.••—••.••_83 23.1 Percentage of city population with potable water supply service (core indicator].•,—••.•••83 23.1.1 General. ••. „•••••,• ——••.••—••.••—••.••—••.••—•,.••—••.••—••.••—••.,•—•.••—••.••.83 23.1.3 Data sources.. —•••,•——••.••—••.••—••.••—•.,••—••.••—••.••—,.••—••.••—•.••—••.,•—•.••—••.••.83 23.2 Percentage of city population with sustainable access to an improved water source [502018 - Al] rG reversed @ ISO. 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No further distrbutitn ar aowim of arrvtext is autlioriaed nittraut written permission of ANSI City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 42 Page 601 of 661 LSO 37120:201140 23.2.2 Core indicator requirements.-....—.....—.....—....—.....—....—.....—....—.....—....—.....84 23.3 Total domestic water consumption per capita Oitresiday) (core indicator)—.....-.....—....84 23.3.1 General ...84 23.3.2 Core indicator 23.4 Compliance rate of drinldng water quality (core 23.4.1 Genera] -85 23.4.2 Core indicator requiremeni3 23.5 Total water consumption per capita (litres/day) (supporting indicator)......—....—.....—....86 23.5.1 Genera] 23.5.2 Supporting indicator requiremeM3......—.....—....—.....—....—.....—....—.....—....—.....86 23.5.3 Data so !WM S 86 23,6 Average annual hours of water service interruptions per household (supporting 23.6.1 General 23.6.2 Supporting indicator 23.6.3 Data interpretation....87 23.7 Percentage of water loss (unaccounted For water) (supporting indicator) 23.7.1 General 23.7.2 Supporting indicator requirem 87 24 Reporting and record Annex A (informative) City indicators . 68 Annex 8 (informative) Mapping of indicators to ISO 37101 issues and purposes —.....—....—.....—....93 Annex C (informative) Mapping of indicators to United Nations Sustainable Development Goals (SDGs) .109 Annex D (informative) Additional profile [S02018 - Alrkiiu reserved xi City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only 43 Page 602 of 661 ISO 37122 - Indicators for Smart Cities MITERISIATIM.LM i n This is a preview of "ISO 37122.2019". Click hereto purchase the full version from the ANSI store. F1T.+t f•11t1Lln 9. 119-OS Sustainable cities and communities — 1ndicators for sinart cities 112Ues cosrunigio4dL. ferritvlo its — Ind2ratei rs tk .a' ic': vOirek iritelri Entek. ISO Rilurcnut. RUL(LIXC ISO 37122:2019.fF.) Ps LSO 2S'+19 City of Waterloo IA —Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 44 Page 603 of 661 ISO 371Z1:2019(El This is a preview of 'ISO 37122:2019", Click here to purchase the full version frcin the ANSI store. Contents Page Foreword..... ....xi lydroducLiurr. _....._._...—...__......- ---..._._......._....._ _._..__...—..._._...xii 1 Scope .., W . .....1 z Normative references _ _ - _ ---...__..._._......_......_....._._....__..._._......_......1 3. Terms and definitions for cities __...- _-..._ _..._._......_......1 4 Cityindicatron:.._......_......__...._._......_......_......_......_._...__...-- ---...__...---......__..._ 2 S Economy _....._._...-- _ —. _._......3 5,1 PacenLage of service con:raeLs providing city services which conLain an open daL.a jr'illey 5.1.1 General 3 5,1.2]ndicatorrequlremetsis__..__...__ _ _ __...__..._._....._ _ __....__....._ 4 5,1.3 Data .w ursxe. ., , . , , , . 4 �y 5.1.4 DaLa imerpre adan4 ._......._._...__...__ _ — _ _....._._...__..._._.....__. _i_2 Survival r 3Le 41111E 6' h csinewses per 111111 f1 DO population _ _._...__..._ 4 5,2..1 General..__...._ _ _ 4 5.2.2 ]neiaitar requirements _...__ _ __..._ 4 5.2.3 Data sources .,,,,,..,,.,,_.,-,.,,.-.,. 5 .]_.}�y Per en4age of Use labour forplc d In occupy LI rrns in Llse I n forma Lon and €ornrnJnicationstechnology [fCT1sector _ _ __...__..._._.....__._..__..__..._._......_......_......4 5.3.1 General..- _ ---...—..._._.....- -- 5 5.:1.el InEicatnr requirements 5 5.3.3 Data sources 6 14 Pei cer',;age of Ll:e labour force ern plo red In rwcupaLInn.q 1n Lhe educaLlntti and research and development sectors...__...__ _ —__...__..._._......_......_fi 5A.1 General..__...._._......_......_......._._..._-..-- _ 6 5,4.2 inr.i4-at7r requirements - _ ri 5,.1,3 Data soLLrCes_...... ,....._......_..,.,__....W W,,,.,, .,,,__.,,_,_,,,,,W 7 6 Education _....._......_......_._...__...-- _ ---...__..._._......._.....---...__..._._......7 6r_1 Peraer_age of city population with professional proficiency in more than one language 7 5,1,1 General 7 6.1.2 Inc:ir.atnr requirampnts._._...__.....___...__..._._............._......_......_._...._ 9 5,1.3 Data sources fi !]aLa in_erlrreiLLIrrn 61_2 f+fumhEr of c:nmputers, laptop.~, tablets or nther digital learning devices available per 1 000 s..i.denis....----...__...-- _ _ ---..._._.....---...__..._._......_...... f3 G.Z. 1 General.. ....... Ls 6.2..2 hid.icator requirements 8 6.2.3 Da La saiurces __...— _._...__ 9 6:.4 'lore interprethtir.rr._......._._...__...__......._....._......_._...__..._._.....—--...__..._._......_r... c} 6.3 Number of science, technology, engineering and mathematics. . [STEM] higher education degrees per 100 000 population .,.......,.,,,. 9 6,3.1 Genera].._ __..,—..,_,_......_....._ 9 6.3.2 'n[itidtor requirements._._...__...__ 6,3.3 DaLa sources._......_......_......._._...__...-- _ _ _-...— _......__...__...._ 14 6,3.4 DaLa IntcrpreLaLinn _ _ _ __..._ _..._.__...._..._._......__.10 7 Energy ,..,...10 7.1 1erren age of electrica] and thermal ever a produced. from wastewater treatment solid waste anJ other liquid waste. LneaErn L arid other waste heal resources, a.; a share of The dl y's. tntal energy mix fora given year _ 111 7.1.1 Ccncr sl..__....__........................ --..__..._._......_......_... ] b 7,1,2 ]ndicator requirements 11 7.1.3 ,Data sOLLrce3 �_..__...__ _._.._ �...,....1 0 ]SQ 2.019 -AIL now reserved Ill City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only 45 Page 604 of 661 ISO 371.22:-/U19(E) This is a preview of 'ISO 37122:2019. Click here to purchase the full version from the ANSI store. Hee LriLa land th..mrrie I eier9): 1(31.1 rgoduced I L.Nr Lna LI» ilcr capi:a per year .1Z 7.2.1 Geilerzil 12 72...). I rlic-Arrir reql. riTETIl PTO"; 7.3 FlecLrical and tharnia I energy NIT produced frorA gond Le or other Ifquid waste trentmen: per capita per year .13 7.3.1 Geneml 13 7.:.-Le! I ralicatrir requirements. la 7.3.3 DLiui -......-......-......-..............-......-......13. 7.4 Percen Lige C.11'.1.E. ElectriLity alai_ is 11 ri niuced usjFI t:.eLEnLralised Elertr icity prod arti on systems 13 7.4.1 Geneml 13 7,4,2 Indicator requirements . IL 7.4.3 flsrpurcoq 14 7_4_4 Dam irerprELLinrI 14 7.5 SLorage capacity of the city's energy grid per Lola! ciLy energy consumption_ 14 7.5.1 (rET1ETal 14 7,5,2 Indicator requirements..„ ....... .............. ........ ...... ...... 15 7.5.3 DaLa 7..4 Data iri7erpretatinn . 1; 7,6 Percentage of slice:. lighting inanaged by a light performance management SykellL _.15 711_1 Cpnpral 15 7.6.2 Indicator requirements 15 13.a.a FLI IrcP; 1r; 7.7 Perc enfaEe nf strew.- lighting tit at h heen reit] i'lished and nnwly installed._ . 7.7.1 Gerieml 7.7.2 I rdica03r requirements .... .... . — 16 7.7.3 Data imerpretation — 17 7.7.4 Maui si !UUCP% 17 7.8 Percentage of public buildings reciairing reftoyallonfrenalgshrient 17 7.8.1 Gen eml .17 7,8,2 Indicator requirements 17 7.8.3 .Dzitz sources 17 7.9 Percenta.ge c3f :landings in the city with Kr_ia rt enerts..r rneters....__ ....... _ ....... _ ...... _ ...... _._..._._ ...... 1 Fg 7.9.1 ............... ._....__..._._ ...... _ ...... _ ...... ...... _ ....... ...... _ ...... _ ...... _....._._ ...... ...... _ ...... 7.9.2 TracaLne m.quirein Lq 7.9.3 Data sources 18 7,10 Number of electric vehicle cllarAIng r.ations. per regLstered electric vehicle 19 7. [IL 1 (;F. neral 1 ri 7./0.2 1td1crrequ1re1enLr .14 7.10.3 DaLa sources 19 8 Environment 4.Indclimate change .20 8.1 Percentage of buildings built or refur131shed within the last 5 years in conformity with green 'handing principles 211 8. /.1 General /.2 Indicator requires.' ell Ls__ ...... _ ...... _ ...... __....__ ...... _ ...... _ ...... _.___..._._ .........20 8,1.3 Data sources 20 ].2 Number Areal -dine remote air quality- inaultoring stations per squnre kllornet_r& L-km2i1- 8.2.1 General L22Thd Icatrir requirein Lq 8.2.3 Data -1- 1 _.21 21 8.3 Percentage of public butldingS equipped frrtliOnlicrringindoar air quality_ 21 c-pn era] , 21 8.3.2 lr.dicz;Lor re.quire-inen Ls 21 L33DaLe 22 LSO 2010 - AL ugha reiered City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only 46 Page 605 of 661 LSO 37121:2019(E) This is a preview of"ISO37122:2019", Click here to purchase the full version fr-oxm the ANSI store. +� Finance 9,1 Annual amount of revenues collected from the sharing economy as a percentage of own-se,urcerevenue----..__...-- _ _ ---..._._.....- ---..—...__......_...22 'J.1.1 r;eneral..— 9.1.2:Indicator requirements -....._._....__..._._.............._......_......._._...__ 22 9.1.3 DaLa scours _...-- _ 23 9,1,E Data interpretation _ 23 9.2 Percers:.age of payments Lo the cky Litatare paid electronically bases. on electronic invoiLe,w 92.1 r.encral__....-- 9.2.2 ]rii is Lrir requirementti._._...__...---....._._...- ---....__......_......_...2:1. 9.2.3 Data sources _ _ ---...__..._._......_......_......__..__..__ 23 9,2.4 akaluterprelaLion._......_._...__...---....._._...- ---...__..._._......_._23 111 i. ,-nanrg —...__....._._...__...._................_......_._...---...—..._._...24 10.1 Annual number of online visits to the municipal open data portal per 1001]00 poI»laLion .----...__...-- _ _ _ _-...- _ _-..._ 24 10.1.1 General24 10.1.2 1 - Lor requirements_._...__...-- _ ---...__..._._.....- _-.._ 24 10.1-3 Data Da 'Ames 24 10.2 P21.oemage of city services accessible and LhaL can be requested onlure_..._._...... _...... _...... _...24 10.2.1 General._ ..... ......... _...... _........ ._...__...._._...... _..... _...... _._...__..._._......_......._.......__....__......_......_......_... 24 10.2.2 ]nc.icatorrqulremeI]t _ 24 10.2.3 Dale sources. ....... _...... _........ ._...__...._._...... _..... _..... _._..._ _...__.._._......_......_...25 14.14 Data interpretation ., .,... 25 141.3 Average rev(' me Lime Ln Inquiries made through the city's non -ern ergen . inquiry system (days} _...__ _ __...__..._._......_...24 10.3.1 Genera]..__....__......_ _ __...__..._._....._......_ __...__..._._....._ _..__..__ 25 1113.2 ]n6.1caL. r t quiremeuts._._...__...---....._._...__..._._....._ 25 14.3.3 Data saurces W,,,,,,.,,.,,,. .16 111.4 Aver:Ago d:nn'nLIrrie of the city's IT Irtfl'asLi'ucLure. __...— __._..__..__..._._......_....._...2fa 10.d_i General .._ _...---....._._...—..._._.....- ---__-.-- 2r'i 10,4.2 :Indicator requirements._._...__....-- _ ---...—..._._.....- --...-_-...— _......_...26 l LF.4.3 Data sources .. 2 6 11 Health Z7 11.1 P i°:7ei'.tage of the e!L s pnpalaLinr, with an online unified health file accessible tr, health care rrrniders 27 11.1.1 G eneral..__...._ 27 11.1.2 'nc.leaLer requirements._._ _ 27 11.1.3 Data sources..... . . .. . 27 11.2 Annual riutuber. ror rriel'.acaI a RIICJ iIILrriuriL umnducted rumoLely per 100.700 popJlaLion27 11.''2_1 General 27 11.2.2 Indic -Am' requirements__..._ _ _......_...2B 11.2 3 Date sources ____ _...2B 11.3 Peraeritage of the city population with accem to real-time public alert systems for air. Arid WALer [pal i',ya:ivli.wairies _...-- ---...—..._._.....---..._._......_......_...2R 11.'-_i General.._ __...__.._._......_......_...2H 11.3.2 lnc.lcater requirements ._._...__....-- _ ---...__..._._.....__......__....__......_......_...2B 11.3.3 Data.wtroes_ _ _ 12 Housing . - _ _ _.......... _ _..... ........ ........_ _ _ L........ ..., 9 12.1 Per eEiLage of E_nutieho1dti smith smart energy meLerx_...— --._..__...__..._._......._......_...29 2.1_1(:eneral..-....__......_......_...... -... - - - - ...— ---..__.._._......_......_...2,1 12.1.2 ]116.1eaLcrr requirerrrents__...__...__.._._—..._._......................_......-._....- 29 12.1_3 DaLa sources _ 29 12.2 PerLen:age of hotoeholds with smart water meters_. 34 12.2.1 General...__...._ 30 1 .'_ :rrr:irAnil- requirern ems 'ill 12.13 DaLasources _ - __.._._......_......_...3(} 0 ]SQ 2.01`1-AIL r1Jlrts resenred City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only 47 Page 606 of 661 ISO 37112:lU19(L) This is a preview of 'ISO 37122:2019", Click here to purchase the full versionfrom the ANSI store. 13 I,npilaLinn and so -alai condition = i- 13.1 Percentage of public bui]din;s that are accessible by persons with special needs,.._ ...... .,.;30 13.1.1 Generti] ---...—...-- --._..__...—...__.30 Indicator regniremant491i 13.1.3 Data Saurc-s _....----...._._......_....._......_._...—..._._.31 1:1.2 PereenLagee,rritiuniclrral budsetail,caLed for Llse f}rY,vIRImi. 1.,f mobility aldrt, devices and assistive technologies to citizens +vi hspecial needs __...........W 31 13.2.1 General__ ............... ._...._._...... _...... _...... _._... - -—...__......_......_......_._...—..._._.31 I3,Y.. Indicator requirr:m .ijts _... - - ......_.31 13.2.3 DaL.i Snurrc8 _...--—..._._..11 13.3 Percentage cif marked peel esLrian cr: r isi ny s equipped wiLh acce.N.w i ble peJ es Lfia n signals _ _ ..... ...32 13,3.1 General...._..............__....__......_......_......_._...-- —...-- --._.._._...— 32 13.32 Indicator requirements .32. 13,3,3 DaLa srruice8 ---...__...---....._.._.._._...—..._._..12 1:3.4 Percentage of municipal budget allocated for provision of programmes designated for br]dging Llse digi.al divide —...__ 32 I3.4.1 Cameral _.....——..._._.. 13.4.2 Indicator requirements 13.43 Daia snurres_...__......_......_......_._...—...-- --._.._._...__..._._.. 3.; 14 Recreation —...__.._._ _....._......_....33 14.1 Percentage of public recreation send ces that can be booked online _ _ __...—..__ 33 14.1.1 Genera]—...__.._._....._.._.._._...—..._._.33 14.1.3 Indicator requirements. ...... - ...... ,...... .,,...... 14.1.3 Data Srrulre8_......__...-.- -..-- _ ---...—...-- ---...—...__.13. i5 15.1 Percentage of the city area covered by digital surveillance cameras _..� :34 15.1.1 Genera] __...-- ---..—...__.34 15.3..2. Indicator requirements 15.1.3 Data sources_,,..,._ :34 15.1.4 DaLa it _erJreLaLiiirk _ _ _ _ _.24 16 Solid waste...- _ _..... _...... _....34 16.1 Percentage. of waste drop-off centres (containers] equipped with telesstelerIng_..._._......_.34 16.1.1 Cenera] _ -- 34 16.1.2 Indicator requirements 35 16.1.S Data sirurre _—...__......_......_......_._...—..._._.5 16.2 Percentage of the city populat1 ri that has a €iaar-to- door garbage collection with atilndivlc. Jail monitoring ofhaus.lsuld wasLc quanL[Llcs.._...__._._ _ _.36 16.2.1 Genera] 36 16.2.2 Indicator requirements _ 36 1(.2.:3 Data sirurces _ _ —...---....._......_._...—..._._.3 i 16.3 Percentage of .oLal amount of waste In Llie cILy Lliat is used Lo gelseraLe energy._...._._......_.36 16.3.1 Ccncra] ---...--—..._._.36 16.3.2 Indicator requirements.,_ ...... _...... ...... _..,,,._...... _...... ...... _,_,,,_,,,,,.,_....,.,,37 16.3.3 Data sources 37 16.4 Percentage of trtal amount of plastic waste recycled in the city__ _ _ —...__ _.27 16.41 GesLeral...._.............. __...._._...... _...... _...... _._..._._...... _...... _...... - - ... --....._......_._...—..._._.37 16.4.2 Indicator requlrensenLfi.._......_......_._...__...-- ---...—...-- _ _ ---...__.17 16.4.3 Data scLLrras ..,_,,,.,,,,.,_,,.,,_,,,,,,.,_„_,,,,,,__,,,.,.,,3EI PerrenLa}Jeairpublic} r!sagehinsrhataroseri nr-enaldledpuhlicgarbagebir ......_.3B I61:.1 Gen arai...._....... .._..._..... _._...... _...... _...... _._...__...... _...... _...... __ 16.5.2]rdicaLarrequirntenls.._......_......_._...-- _ —...-- --....._......_._..._._.3B 1(:.!.:3 Data srrui+t's _ _ _ —...--—..._._.3g 16.6 Percentage of ;1_e city's electr]mil and electronic waste that is recycled ....... _ ...... ___._....... _..3EI Ifr.(a'l, Indicarryrrequirements -.39 16.63 Dala snow_'S_...... __..._._...... _...... _...... _...... __....__ ...... _..... _...... _._...—...-- _ _....._._...—...__.39 vi aEi LS0 2010 - AL L'L Lres re =er.-ed City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only 48 Page 607 of 661 LSO 37121:2019f1 This is a preview of 'ISO 37122:2019", Click here to purchase the full version from the ANSI store. 17 sport and culture i9 17,1 Number of online bookings for cultural facilities per 100 000 population..... ...... ...... ...... _,,, 19 17.1.1 General..- ---..__...-- _ ---...—..._._.....--.._-..---......_...39 17.1.2. Iru:i;- rnr renL]irPmP_nt4 17.1.3. DaLasoutcrs._......_......_......._._...__...---....._._....__..._._.....---..__..._._......_......_...39 17.1.4 J3aLa irr.erlrreLaLlnn._......._ 40 17,2 Percets:age of the city's cultural records that have ben digitised ........_...40 17.2.1 General.._ _..._._......_....._....._._..._ __...__..__ 40 'nr.i;at,rrerluirements.- —...--......_...$p 17.2.3 Dal@ soureeq__...__..._._.............._......__...__ 40 17.3 Numberairpu[Air Iibrary hook and ell:link LiL1e per 1D(? DOilpofrulaLinn ._._..... _ 40 17.3.1 General..__..._ _ _..__..__ 40 17.3.2 :n.]caLar requirements _ __..._ 41 17,3.3 Data sources 17,4 Per erAege of elLy impala Lk n ,hal ere aeLlve public lf:irary user....._......__..._ 41 17.4_1 General.._ 17,4.2 ]ndicaLorrequirements 4. 17.4_3 Dam .snnrs.w........ _...... _........ _______ ...... _—.._._...... _...... _...42 17,4.4 Data interpretation 18 Telecommunicatlnn.......__...._._......_ _....._._...-- _ _..._._......_...42 1R.1 Per. r.._a.yeofLI]ecityJr;FulaLi;FniviLkaccestiLrr4officienLfyfastbn0d1land 42 10.L.1 General..__....__ ...... _.............. _._...__....__........................ 42 10.1.2 ;nc.icaLor rcquIrcm2nlA._...... __....__ 42 1k#,1.3 Data onurces. 43 111.2 Percentage of city arm, urrdcr a , kite Anne/dead spoLfnnL covered by telecommunication connectivity _...__...... _..... _...... _._..._ 10.2.1 Genera]..__...- _ _ _-..- ---...__..._._......_....._ _.._ 43 10.2.2 41 10.2.3 Data sources 111.3 Peruer._ageofLl:erILyarea cove rad..synuunlcIp]Iyprovided IuLer1leLer,nnectivlLy_...... __.44 15±.:_1 General.._ _...___....._._...__..._._.............._......__....__..__ 4-4 111.3.2 ]nc.lealor requirements._._...__....---....._......_._...__..._._......_......_......_......_._...— 44 Data sources ...._...+4 19 Transports#ion.......... ........_....._,,,,,_...... _...... ... m 19.1 Percentage of ciLy streets slid Llsnrnugh(Iares covered isy real-L1rue online Lr-aific aIErb; arid irfarmatioe _...__ 4-3 1 g. i.1 General..__...._ 44 1 g,l_2 'ndlcaLor requirements._._ _ 4S 19.1.3 Data sources. - 15 19.2 Nunil:erair.3sers ofsharinh ecui;irn,y LrarisporLaLiorrper 100 ON pco.puleLieu).._....._......_45. 19.1.1 General.._ __..__...__ 44 19.2.2 ]nc.]caLor requirements__..._ - _-...— _......_...4S 19.2 3 Dale s[, W pe% _.41. 1 L2.4 Data in,erpretation 4.6 19.3 Per:Ler.'_age of velsi:des regisLered in the Lily LLal are lots -emission tiPhicle:4 46 I'}.:i_1 General.._ _.._._......_......_... r� 19.3.2 ]nc.icalor requirements 46 1 }.3.3 Data on times 119 IM ...... _...46 19,4 Number of.ni€ycles available.t_rough. municipally provided ni€ycLe-st,arir services per l0i1 {]fIIl population ---...__..._._....._......_......_....._._....- 4E; t1.4.1 General .._ _...-- _ ---...__..._._..,,._ -..._ 46 19,4.2 ]n.leaL.rr t quirements._._...__..._._......._............. _______ .............. _...... _...... __....__...... _...... _47 1 .4.3 Data sources W 4.7 19.5 Percentage of public transport lines equipped svitli a publicly accessible real-time Kiy.irem......._......_._...__...._._..._. _....._......_......_._..._ _ _ _..._._......._....._ _..._._......_... 47 19'.5.1 Genera] . 47 19. a_2 Inc.leaLsrr requirements_._...__ ............... _............. _._....__..._._...................... _...... _._...._ 47 0 ]SQ 2.019 -AIL Allies resenred vll City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only 49 Page 608 of 661 ISO 37112:lU19(L) This is a preview of "ISO37122:2019", Click here to purchase the full version fr-oxm the ANSI store. Iku.A srrurem 4L5 19.6. Percentage of :he city'. public transgar services cohered by n unified payment systeni1B 19.6.1 Genarti] _ —...---....._......_._...—..._._.4B 1O.fkl Indirarm- rep uiremant4 __............. _...... _._..._._.4fS 19.6.3 Data saurc2s ---...__...--—..._._.4B 19.7 Perron lage c.11)3 u LAIL parking spa cox ego I Aped 4111111 e-trayru ow. sirs lertt __..._._......_.49 19.7.1 Genera] --.49 19.7.2 iodic Lorrequirements.._......_......_._...----...__......_.............._......_._..._._.49 I}eta 5DitrnR3 19.0 Pcreentage of public parking spaces cquI'pod with real. time availability systertrs__ _.49 19.0.1{ienerjl...._..............__....__......_......_......_._...-- - - —...-- --._.._._...__..._._.49 19132 indicator requirements _...-- —...-- _ _ ---...__.49 19.113 Data sources _...__......---...—...-- --._.._._...—..._._.50 19.9 Percentage of traffic lights that are intelligent/smart .. 19.9.1 General...._..............__...._._......_......_......_._..._._......_......_......----.—...__.._._ _._.._._...__..._._.5D 19.9.2 I dicatrrrrequiremenLS.._......_......_._...__...__......_ _ __...—...__.._._ _....._......_._..._._.5b 19.9.3 Daa sources —...--—..._._.50 1 rl. I { I C i ry area mapped hy real-ti rr«e intern crier .wtreet marks as a percentage of the city'.s :o;a] land area .51 19.10.1 General 19.10.21ndicatnrrequirementS _...__ _ —...__ _ _ _ __...__.r1 19.10.3 Da zi sources _ __...--—....._......_._...—..._._.51 111.11 I'errpntage cif vahirlRS re.;iSterpd Fn the city [hatare. autnnnmou u }sides--...—..._._......_.51 19.111 Genera]. 51 19.11.2 Indicator nequirernanLti_...__......_......_......_._...__...__ _ _....._......_._..._._..r1 10.11 Data son roes_._...__..._.._......_. r 19,12 Percentage of public transport routes 'will municipally provided and/or managed Internet connectivity for commuters 52 19.12,1 Genera] 19.12.2 indicator. requiremenLs _ _...__ __...—...__ _ _ __...__.r2 19.12.3 DzKa sources 52. 19.13 Pcrrcntage of roads conforming wILh autonomous c.rlring systems - ---...—...__ 52 19.15,1 Genera]. m,.,,, , ,,, 5g 19.132Indicator requirement .5a 1,3.1.'A Data srrureps ___...__...._._......_......_......_._....__...._._.r 19.14 Percentage of the city'. bus lied. Drat. is ttic..or-drltieo..... _._---...__....... -....... -...... _...... _._...—..._._.5S 19.14.1 Gun en] _ _....._._...__...__—..._._.5S 19.1, .2 Indicator requirement 53 19.14.3 Data sorties 53 ban ire-.rprEtatinn _ _....._._...—..._._....._ _ __..._._....._.r 21i f frhan f local agricii]trzre arid food security - -—.._._.54 20.1 .A] F i I pci' i l ge of municipal l buc. ,e. spent on urban agrlcul..,rc Inl.laLlvcs . _.._._.54 20.1.1 Genera] 54 20.1.2 indicator requirements._ _....._......_._..._._.54 211.1.: Data SrrurceS _...---....._......_._...—...-- --....._._...—...__.r 20.2 Annual Loa] collected municipal food waste sem to a processing facility far aim posting par capita (in tonnes) ---...--—...__.54 20.2.1 Genera].. W _. _ 5f 20.2.2 ]rsdicatorrequiresslent..._....._......_._...__----....._......_._..._._.55 'J.11.2.: iiatasrriirrps —--...—...__....._......_......_._...__..._._.r4 211.2.4 Daly Ini.crpretaLlon_...__......_......_......_._..._.....__ 55 20.3 PowellLage of the city's land area covered hy an online fond -supplier mapping sysLenr_r. F 20.3.1 Genera] 211.3,2]t3dica4arrequirentenLs.._......__......__....-- —...-- ——....._._..._._..55 513 21 Urban glannirrg....,,., ........... .56 21.1 .Arir.slaI nu ocher of cilixens engaged In the planning process per 100 000 population........ ;Ca vJJ1 , i LSO 2010 - AL LLEues re:erFE..cl City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only Page 609 of 661 ISU 37121:2019(I) This is a preview of 'ISO 37122;2019", Click here to purchase the full version froin the ANSI store. 41.1_1 [;eneral.._ 5 21.1.2 ]1tc.i.mtorrequirements 56 21.1.3 Data sources_....._......_......_._...__...__......- _ _-...—--...__..._._......_......_...57 1.1.E f'err n-ageofhuildingpermits.wuhmired thrnugh an eleetrrrnic.wuhmissinn 21.2.1(cncral.._...._._....._...... _........ ._...__..._._ 57 21.2.2 'rIL 1cato r oequrremen ts._._...__...._._......._. 21,2.3 Data sources W,...,,,_,.,,,.y ....,......57 21.3 Average time for U ,ildhsgpernriLapproval [days]...._._...— _ __..__..__ 57 2,1.3.1 crerreral.._ 21,3.2 Indicator mquircments____...-- _ _ _-...— _ ---...._ 57 21.3_3 i La saiur yes _....._. r 21.3.4 Datain:erpretatian._......_._...__...._._.....__....._._...__..._._......_.....---...._ 5[1 21.4 Pe rccms:agc of Llse city papilla ti n living in medium -to -high population densities..._ ...... __ 5 E# 21.4-1 Genera]58 21.4.2 'nc.]caicrr requirements_._...__...__ __....._._...__..._._....._......_......_......_._....__ ;4 21.4_1 DaLa.waunces 22 Wastewater 59 22.1 Percon.age of treated rrastervater being reused- --...—..._._.....- --..__.._._......_......_...59 2:?.1-1 (;Qneral - ...... 22.t.2 'nc.i -aior re.quirements._._...__...__ _ _ __...—..._._....._ _._..._._...__ 99 2 2. t _3 Data .w<i ur ces_......_......_......._._...__...._._.....__....._._...__..._._....._......_._...__....__......_......_......_... 5 9 22.1.4 Data Interpretation -_...—...-- _59 22.2 P.roer.;age of biusolids LhaLarc reuscei [dry matter mass]..._.....- --...__..__ 59 22.2.1 Genera]., T,,,........—...,.59 22.2.2 'Indicator requirements__..__...-- _ ---...—...-- _ _ _ _-..— _......_...64 22.2_3Data.w1LIraes._......_......_......._._...__...---..__...__ 64 22.3 Energy c.e-rived from wastewater as a percet .age of LoLaI enemy cons arription of 'lc city 64 22.3.1 Genera]., W,,,,,,.,..,,,. 54 22.32 ]nc.lcaLrr requiremeI L _...----..._._.............- _ _-...— _....._...6-E 22.3_3 Data NC urCes _ _....._._...__ _...__..._._......_......_... (ri 22.4 Pei' enLage of LDL11(IMOLLI .. of was;et,+ater•1u the city that Is used LU genera Le energy .._...61 ▪ General..- - 61 22.1.2 :indicator requirements. ,,,.W W.,,, 61 IPeroeroage of the svactesvater piI1e1ine network morsitored by a meal-time'data- treckusg sensor sys.em...._...... _........ ._ 62. 22,5.1 Genera].._ 62 22.5.2 ]nckator requirements __..._. 62 22.5_:, Data NCur:7es_..._._ __...__...__ _ _ __...—..._._.....___...__..._._......_......_...(r2 22.5-4 Data interpretation.. 23 'Water _...__..._._.....---...-- _ _ ---...-- _ ---...__..._._...63 23.1 Pert-en:_age of c.rinking water tracked by real -Lime. water quality monitoring staLlcrn..__(t: 23.1.1 General , W_,,, . ,..,,,yr.,.H . ,,..,, ...433 2.3.t_2 'rrdi L;ir nequiremen tw _..._._............._ __..._ __...— fib ▪ A.11ara.;niirceti __...---..._�.._._......_......_...(.6 23.1-4 Data lnterpreLaLiou _......__...—..._._......__63 23.2 Number of real-time environmental water quality monitoring srtatians per 140 04D population ._ - - ..._,_....._.., 63 23.2.1(;eneral..__..._._....._......_......_._...__...----...__..._._.............._......__...__..._._......_......_...(rt 23,2-2 ]nricator requirements-.- __...._ 64 23.2.3 Data so urcog 64 23.3 I amen ge of the city's water distri outian network mwni:arad by a smart water system64 23.3.1 General..__...._ _-..._ _ 64 23.3_2 !nci;a•tnr requirement__...__...__ 23.3.3 Data sources 65 23.3.4 Data InterpreLation._........ ._...__...... _....... _............. _._....__..._._...................... _ ...... -._...._..._._...... __.(i 0 ]SQ 2,01`} -AIL r1glrts resenred dx City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only Page 610 of 661 ISO 37112:lU19[L) This is a preview of 'ISO 37122:2019". Click here to purchase the full versiori from the ANSI store. 2:;.4 POWL.1 Lafoc,I .fullEll n, s In .Iseelt. utI7srtiarI. w Lel'III OLOI' . (t!F 23.1.1 Genera] 65 23.4.2 ]tsdic)Lorrequirements -...-- - 65 l.=1.4.'i I}a'a'iniirs s - —...--—...-._.6r] 24 Reporting and record rd rnaintenanue Annex pie, relative) Mapping of ISO 37122 Indicators to ISO 57101 issues and purposes_._ ...... _.67 AnnexB (Inib rInallve) Mapping of ISO 37122 Indicators to United Nations Sustainable Development Goals (SDGs) (2015) _ .. W .,87 Bibliography 95 ]t i LSO 2010 - AL LL bes re:erFL.4 City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only Page 611 of 661 ISO 37123 — Indicators for Resilient Cities I NTPP i ATTflhT A T MCI This is a preview of "ISO 37123:2019". Click here to purchase the full version from the ANSI store. First edit but 20'1 S.-12 Sustainable cities and communities — litdicatoCs for resilient cities Vales et c0."}2P7 unalct s LerriGcriaksthimbles — infileal.CLTS roc pErfrarrrancEpourfesx.�rr r .s�fieutes Refcrcnur nwnbcr ISre 37121:2019(El ISO M Y' City of Waterloo IA — Smart City Strategic Plan Supplement — For Waterloo Project Team Review Only Page 612 of 661 ISO 371L3:2019[LM This is a preview of 'ISO 37123:20119". Click here to purchase the full version from the ANSI store. C an tents Rage Foreword—...__.._._......_ _....._._..__..__.._._ _....__...—...__ 1u1ruducLiuf._...__.._._......_....._......_._...__ ---...—...-- _ ---..._._......_....._ _._..__..—..._._.....xi 1 Scope,. .... ............................. .........,,- W,,,,,.,.,,,_,,,,.,_,,..- - . W W .........,,..,,,.,_,.,,,.1 2 Nonnative references..__....-- _ _ _ -- _ _ ---...__...-- _ _ -...__ 1 Terms and definitions.-- _ -...-- _ ---...__...-- -—..._._......_......1 4 City indicatun: — _....._._...—...__ __...__...__ _._..__..._ 3 4 F.t:unomy _ —. ......4 S. t Historical d I sast.er losses as a pi -tentage sge of eILy product __...__ 4 Gener.Al..__.... - - - ..__... - - - - ...—..._._.....- - - -- 4 5,1.2 ]nc.i atar requirements- 4 5,1.3 Data sources ---..__...-- ---...—...-- _ --..__..._._....._ 5 5-7 Average annual disc rerlrrstiasa perCE.ntat,e ❑flily pro rluct 5.2.1 General._ ei.2.2 ]rii k L(ir requirerneniti._._...__...__ 52.3 Date sources - ......_._......_.........._...__....__ S 5.2.4 ;]eta interpretation._......._....__ 5,3 Percentage of properties with insurance coverage for high -risk hazards 6 General..__....-- 5.3.2 lnEk.2krir requirement._ 5.3.3 Data sources _......_._...__...----...—..._._.....- _ _-..-- _ 6 ;.:.4 Data interpretaton.._ ---...—..._._.....__......_....._._...—..._._......__... i .S.1 f eroemage of total insuredvalue :o total vat:e at risk within the city 7 5.4.1 General__ ---...—..._._......_......._......__....__..._._......_......_......7 5.4.2 ]ncietts r requirement .__..._._......_....._....-_...—...__ _ — - 7 5.4,3 Data sources --..._._.....---...__..__ 7 S.4.4 ;1ata in terpretati... _,..7 5.5 Emplayrrsen: aancentra:ion„_....,,_,....._..... 5.S.1 General..__...._._......_......_......_._...__...-- --._.._._...—--....__..._._......_......_......8 5,5.2 ]nc.itatcr requirements__..._-..-- _ ---...__..._._......_......_ LS 5.5.3 Data sources .S.4 Data interpretation........,_,-...__...__ - _.,,,.lS 3.6 Percentage of the workforce in informal employment.,...... _ B 5.6.1 General..__...._._......_ _ FS 5.6.2 indicator requirements._ -..----...__..._._......_......_ 4 5.6.3 Data snows _...-- --....._._...—..._._....._ 9 5.6.4 Data interpretati 9 5_7 Average h,, uselsol d disposable !novae _ _ __...—...__ _ _ 4 5.7.1 C:eneral..__...._._......_......_......__..__.._-....- ---...—..._._.....- ---.._-..-- _ 4 5.7.2 ]nc.icaLor requirements__.---...-- _ _ _-..._ _ 4 5.7.:3 Data sources 6 Ed.ucaation _ ..10 6.1 Percentage of schools that teach emergency preparedness and cLisast er risk redaction _.1 0 6.1.1 General _ 10 6.1.2 ]nCiraLor requirements__..._-..-- _ _ _-...—--....__......_......_...10 6.1.3 Data sn ur s _......_._...-- 6.2 Peroen:age of population trained in emergency preparedness and disaster risk reduction _ ..11 6.2.1 General__...—..._._......_......_......_._...__..._._......_......_...11 6.2..2 ]nd eaLor requirements._._...__....__ __..._ 11 (12.3 Data sn urces_......_......._......._._...__...._........_......._ 11 6.3 Percentage of emergency preparedness publications provided in alternative languages 11 6.3.1 General._ 11 0) ]SQ 2.013 -AIL rlglrts resewed ill City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only Page 613 of 661 LSO 37123:Z019(I 1 This is a preview of"ISO 37123:20119", wick here to purchase the full version from the ANSI store. ii__5_2 IndIcaLrtr requiremenLs. .. _ 11 6.13 Data sources 12 6,4 Lc..,catlonal disruption....__....__......_......_......_......__...-- ---...-- - - ---..._._.1 . 6_4.1 CaE.nP.ra1 ---...—...__.._._....._......_._...—..._._.l 6.4.2 IndicaLorrequire/ tents.._......_......_._...__...-- ---...—...— --....._._..._._..._._.12 6_4.3 17aLa sourres_......__..._._......_......_......_._...__....__......- --.....__...-- _ ---...—..._._..12 7 Energy ...... _ —- ..... _...... _....1 7.1 Number of d lllerent electric•1iy sources providing at least 5 % of total energy supply rapacity 7,1.1 General13 7_1_2 Tr.dicaLnrrequiremenls.._......_......_._...__...-- _ —---.—...-- —--..._._.11 7.1.3 Bata sources13 7.1.4 Data in;.erpretaLlon...._ 7.2 F•l Prtrir:ity supply rap.lc:it r a; a perrrentaue r,r peak Plerrric ity c3 Pman;3 —..._ .. ,, ._. 14 7,2.1 C: enera] _,•,.•.., S 7.2.2 Tr,dlca'_in rerlr irem nLs... 4 7.2.3 Data sources _..._ - - ......14 7.3 Percentage of critical facllILles served by off-1 r•1c. energy services 7.3.1 Genera] _ ._ _ , _, 14 7.3.2 lydicaior require/1rents.._......_......_._...__.._ _....._._...—...---....._......_._..._._.15 173La 41rurY-eS _...-- _ ——.....—...--—....._......_._...—..._._..1 171. fi Envirurime ntarid climatechange_ _...__ _ —...__ _ _ __...__..16 E1 Magnitude of urban heal Islanc elfecLs[atniosplleric]...._......__...-- _ --....._._...—..._._.16 8_1_1 iaPnara] _ _.........._._...,..._._. 1 r, 8.1.2 lndica:orrequirements . _. 16 8_13 Da a slrurres _......_._...__...__......- ---...—...---....._......_._...—..._._.1 Ca 8.1.4 Data imerpretatlon............16 13,2 Percentage of nalurrl arras wv1Lhlo the di). Lhat have undergone ecological evalttati an far their protective .services _ 17 8.2.1 Genera] 17 €1.2.2 1F dicaLI r require nEnL- _...__ _ _ _ __..._._..17 8.2.3 Dail sources .17 11.3 Te.rrC.nry und2rrorng ecosysLem restnraLlon as a perccnLage of total cl.} 8,3.1 General Ind icaior requirements._....._......_._...__...-- --....._._...—...--..-.- ---..___.1 is Dan sources _...__ _ _...__ _....._......_._...—..__. l8 8.3.4 Dail ln'.elpretaLlon...._—...__.._._............._......_._.._.._.IB 11,4 .Anr;...,aI froquerrcy of exLrenre rainfall evenL.-.•-- _ ---...—...---....._......_._...—..._._.19 8.1.1 General,.... W,,,,,.•.,•,_.,,•,,,•...19 €1.4.2 TndicaLipr. requiremi,FL.— -..-- ---...—...-- --....._._...__...__..19 1?eta snu Does r.11 1.5 _SnnuaJ frequency of extreme (seat evens _ _....._......_._...—...-- _ ---...—...___.19 Ti_ a_7 General...._......_.......__...__......_......_......_._...__.,_._......_ —--...—...-- ——._.._._...—..._._.19 8.5.2 indicator requirements,, . . .. . _,,,,,_.,,,.,_,.,.,....,19 23.5_3 17aua slrurc 5 __...—...__ _ _ __...__..._._.20 Annual frerliien ry Di P.xtr mP. c:RId eV911t5 _ _....._._...—..._._.;lr 8,6.3 indicator requirements•- ...... -...... ...... „.................•_,.,,, ..... , 24 8.6.3 Data sources _ _._.._....._ _....._.2 D A.' A.nn:lal frequency of flnnd events _ _....._......_._..._._.2D 8.7.1 general...._...... _....... _. _ -..,...... 3.7.2 lydleaLnrre.quirenrenLs.._......_......_._...__...__......_......_......_._...__...-- - - ---..._._.20 8,7.3 Data Sarrrcas_,,,,,,_,.,,,._,.,,,_.,,.,...,,,,„W.,,,._.... _..,,Y,.,.W,21 13,8 Percentage of city landarea covered by tree canopy.- _ --.-- --._.._._...—..._._.21 a:Pnera] _ —--...—...-- ——....._._...—..._._.21 8.8.3 Indicatar requirements 21 Ti_t3 3 1)3LA sources --•---....._._...—...__....._......_.._.._._...—..._._.21 iv i LSO 2019 - AL rlgbu reserved City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only Page 614 of 661 LSO 371L3:2O1911L1 This is a preview of"ISO 37123:20119", wick here to purchase the full version from the ANSI store. k l_ FF 'rcrr',.agc. 61 city quirla ce area coveter. with II IAL-a I l; adO ISM LerI a l.s ciwiti1 b,,Lln9, Ln :he miU titian of urban heat islands 21 83.9.1 Genera]..__.... - - ..__... - - - - ...—..._._.....- - - -- --......_21 i1.9.2. Indi; rnr requirements--...__...-- _ ---...—..._._......_......- _ _-...— 2l 8.9.3 Data sources __...---....._._...—--..__..._._......_......_...22. 9 Finance..__..._._......_......_......_......__....__......_......._......_._...__...__ _ __..._._ __...__..._._...22 9.1 Annual expenditure on rades a rid maintenance of city ser.eice as.weLw as a percentage of Iota! city budget — 21 fJ.1.1 General..- _...-- ---...-- _ ---..—.._._....._......_...2a 9.1.2 indicator requirements,. m.••• •••.,_,,......... 2 9.1.3 Data so uroes __..._._..... _ ---...._........_......_......_...2:1. 9.2 Annual expenditure on upgrades and maintenance of s:arm water infrastructure as a percemage of Leta/ city bwdgei..__...._._............. 23 ,.12. l[:enaral.—...__...... _...... _...... _._...__,....... _...... _...... _._...__...._._...... _....................... __..._._...... _...... _. 9.2.2 indicator requirements,. ....... ..•...._. 23 9.2.3 JJaLasaiurees._......_......_......_._...__...-- --....._._...__..._._....._ _ 2:t 9.3 .Amt :al expenditure allacale t to ecosystem resto titian in the city's terrltary as a percentage of total e1Ly budget..._._..._ 23 9.3.1 General..-- 9,3.2 indicator rrqulrcmenix._._...__..._._...... _..... _ 24 9_ .3 Data No _.............. _....... _._...__...._._...... _..... _..... _._...__..._._...... _............... __....__...... _...... _...... _24 93.4 Data interpretation __..._....._.. _..._._......__24 9.4 Annual expenditure ran grccn and :]IufrasLruc urc fiq a percentage of total ek;y b use .,_,,,,,,. ,•, 9.4.1 C,eneral..__...._._......_......_......_._...__...._._......_......._......_._...- _ _ _-.._ _......_...24 9.4.2 indicatrir requirements._._...__...-- ---....__......_....._...24 9,4,3 Data sources _ _-..----...__..._._.....- --.._-..-- _ _...25 9.4.4 Data InterpreLaLinn._......._._...__...__ _24 9.5 Annual expenditure on emergency management panning as a percentage of toga] eiLv.fudge:....._._...__....-- --._..__...__......_—..._._......_...2i• 0.4.1 General.._ 24 9.5.2 indicator requlrelitelsis._._...__...._._...... _...... _...... _._...__..._._...... _....... _...... _........ _...— 25 Data. lLIrCe`z ---..._._......-......_........_....—...._ _...,.._...25 9.6 Annual expenditure on social and aammumity servi ces as a percentage of :ot.•i] city f:enera]..__....----..__...-- _ _ _-...— _—.._ _......_...7F3 9.6.2 :indicator requirementS._._..__...-- --....__...—...-- _ -...__ 26 9.6.S Data sources 26 9.6.4 Datninterpretation.._ 26 9.7 ToLa1 allrimation Di disaster re.weruefunds as a percentageartaa:al cityhadgeL..._ 2f� 'J.7.J[:eneral.._..... _._...... _...... _....... _._...,- - - dr' 9.7.2 indicator rrqulrcm2111.S__...__..._.. 27 9.7.S Data sources . 27 9.7.4 Data interpretation 27 10 Governanrce.._......_......_......__.... --.....__......_._... - ...__..._._......_......_.....- - ...—..._._...27 .1 Frequency with wh i r:b rI Fyacte.r-marogeineJtt plans are updated pdated......._.._..__...__ ?.7 1a,1.1 Cencral..__...._._......_......_......._._...__....__......_......_......_.___..._._....._ 27 14,1.E indicator requirements_,.,,,_.. 27 1OE1.3 Datnsouurces _...... _...... _._.., ..,_._..... ........ ...... _.,,__..._._...... _..... ...... _...... _........... 27 11].2 Percentage of es.wen_ial city services cnvered by a dncumented cnntinL=ity plan 2R 10 2-1 Genera]..- - --...__......_......_......_.,2FS 10.2.2 indicator rrquiremant ._._...__...----..._._......_......._......_..._.__...— 2[3 14,2.3 Data sources 11J 2.4 Data interpretation __...__ __...__..._._......_......_ _..._._.....__.2El 111.3 Per er age of cite electrnnic dais with secure and remnte hack -up stsrrage..... 1D.3.1 General,,.. m,,,,,_,,,.,,_,.,,,._,,,.,. m m,,,,,.,.,,,_ ,,,.,_,,.,,m ,,,._,,,.,.,,.,,,_,,,,,,_,.,29 110.2 ]nc.lcaLnr requirements __..__...---......-......_._...—..._._.....- --......__...— _..29 0) ]S0 2.013 -ALL reseaved City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only Page 615 of 661 150 37123:2019(I1 This is a preview of"ISO 37123:20119", wick here to purchase the full version frofn the ANSI store. 13a:a snurces 24 10.1 Percentage of public meetings dedicated to resilience in the city 29 111,41 Genes'tl...._......_......__....__..._._......_......_...... - —... -—..._._29 IlI.4.l Indic -AL -rid- requireiTiPT1N N 111.43 Dat7souic _...--..._...- .30 111._a N4'rlsber iof IriLergmornrsseriLaI agreeruenLfi clothe -abed to 'flaming for rtls,el{sas percentage of total intergovernmental agreements ......�...._,. 3 D 11.5.1 Genera]...._......_......._._..._ _ —...--—..._._.30 IIl.5.' IrdimLn.r requirements —...-- _ 3r1 1.0.5.3 Data snub' _...--—...__.30 1r1.6 Percentaj eclresseri1ial senveceprnuiclerS LhaLl1avea ciucurnerILeE businos continuity plan 1�,61 Genel'a1...._......_......__....__......_......_......_._... - - - ...—... - --._.._._...—..._._.31 110.6.2. indicator requirements 31 1l1.(.3 Data snurco _...-- ----.—...---....._.._.._._...—..._._.31 141.64 Data in_erlrretatinn_._......_......_......_._...__...__......_ _ __...—...__ __......_.1 11 Health _ 32 11.1 Percentage of hospitals eculpped with back-up e]ecLrlk1Ly supply _....._..32. 11.1.1 (;en era] - „ .- - — . _.32 11.1.2]rdicaLnrroquiremenLfi.._......_......_._...__...__ _....._._...r...-- --....._......_._..._._.32 11.1.S Dal.a sirurres _ _ —...--—....._......_._...—..._._..32 11.2 Percentage of population with bask teat t insti,ran€e _...__......_ _....._......_._...—..._._.32. 11.2.1 General __...—...---....._......_._...—..._._.32 11.2.2 indicator requirements �•,,,,.,,,,,,.,,,,,, ,.,,,.,�.3 11.2.3 Dat.a snureas _...-- ---...—...-- --._.._._...—...__.33 11.3 Percentage ofpopulation :hat isfully immunized. 11,3,1 General...._......_.....__...- --....._......_._...__...----...—..._._.33 11.3.2]CsdlcatnrrequlremenLs.._......_......_._...__...__......- 11.3.3 Data Saurces . .. ..33 11.4 Nu: mber rrf in1-eCL10LLS diAeartecluL11reakS per year _ _ _..... _._.......... _._.3.; 11.4.1 i'eneral _.._._ _._.._._...—..___.1 11.4.2. ]ndicatorrequirenlents - _ ---...__..._._.33 11.4.:i 11a:a sniiFres _...-- -....— _.,..._......_._.•.^.•._._. ice 11.4. 1 Data it erpretatian..... _. 3 f• 12 lion Gin .._......_._....__...-- -- -...-- -.._._ 34 12.1C.rncitycffdesignatedemergency shelters rrer100f1D0population _ __...__.._._......_..3f 12.1.1 Genera]...._ ...... _....... __...._._...... _...... _....... _._..._._...... _...... _...... _ 4 12.1.2 Ind IeaLnrraquiremenLfi.._......_......_._...__...-- _ ---...—...-- _ ---..._._.3 12.1.3 Data Sources .. 12.2 Parrenra,6.eaif.iuiIdiru5ss_rur`Lur2lly vuln&r-ableLip h18Is-l'Egkha-.42rd _ __...—...__ _.35. 12.2.1 41eneral....._......_......._._....__..._._......_......_._..----...—...-- --._.._._...—..._._. 4 12.2.2. 1ndicatarrequirements _...---....._......_._...—...-- _ _ ---...__.35 12.2.3 Data gfrulkeS _ —--...—...--—....._......_._...—..._._..3 ; 12.3 Percentage of residential buildings not in conformity with ouildir; Dudes and slarrdarriti._..._._......_......_.......__....__......_......_......_._...___....._._...__..._._.._.._......_._..._._..__.3�i i=pnaral 12.3.2. Indicator requlremenLs _...-- —...-- ---..._._.35 13.3.3 Data sources 12.4 Percentage of dammed infrastructure that was 'built back better' after a disaster__ ..... _..:36 12.4.1 CIE nera] ...._......_.......__....__..._._......_......_......---....._......_._...—...- --....._._...__..._._..3fi 12.4.2. indicator requirements 36 12.4.3 Data sfrurc:s_...__......_......_......_._...__...-- 37 12.4A Data in:erpretatian.,,,. 37 12.5 Annual number of residential properties flooded as a percentage of total ra idential pmpertiPS in the :ity_...__......_......_......_._...__...__ _....._._...__.._._. 7 12.5.1 Genera] .37 12.5.2 Ind lcalorrequiremenLt;.._......_......_._...---•---....._._...—...-- --....._......_._..._._.30 vi iLSO2019-ALrlgUureserved City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only Page 616 of 661 LSii 37123:2019[LM This is a preview of"ISO 37123:20119". Click here to purchase the full version from the ANSI store. 121a_:i .3aLa.Sa,uI S -iLS 12.6 Perceme of residential properties located in high -risk zones 38 12.6.1 Genetal..__....__......_......_......__..__...-- _ ---...__..._._.....- --.._-..---......_...30 Inrie.rnr renuirPment--...__...-- _ ---...-- _ ---...—....._......_...=ii9 12.6.3 DaLasources __...---....._._...—--..__..._._......_......_...3B 13 Population and social conditions._....._._...__..__ _..._._....._...39 12.1 Vulnera}rleimp ula_ions!apercentagerrfLitypopula_inn _..__..__ _......_..."39 13.1.1 General.._ _____.._._......_......_...39 1:l.1.2 Irvin tnr requirernent __...-- _ _ _ _ _ ---..—...._......_...q'} 13.1.3 Data sources 39 13.1.4 Da.a imerpretaLlnn __...__...__ _....._._..._ _..._._......__ 34 13.2 PerperKage of population enrolled in social assistance programnles,.,,4_,,,.,__........ ,,,_,.,4.0 13.2.1 General.... _....._...40 iA.!_ irtr:i;arnr quirPm. nt ._._...__ 13.2.3 Data sources 40 11.1 Per'.ler.'_a}�e of impulaLie, n aL Moil risk fr<rm Thaw ra1 11ar rd_q 40 13.3.1 General40 13,3.2 ]nc.lcaLar requirements._._...__..._._......_.....- _-..._ _ 40 1; .3.3. Data sources -,.,-- ... ..... ,,,..... ,...41 1.3.4 1:P2 rxr.Lagc of r t l ghbnurnonc.s with regular and r,]ren neigh ho ui'11 r d assoclaLlou meet'ni.s __..._._ 41 13.4.1 General..__....__ ...... _....... _...... _._...__....__....... _....... _ 41 13.4.2 3nc.i:aLar requirements._._...__...._._......_....._....._._..._ — 41 114.3 Data sources 41 13. ; Annual percentage ()Lilo e1Lv populaLim) diiocLly affected by natural Itaxards.._..... _...... _41 1:1._1 Creneral.._ _..__ __....._._...__..._._......_......_......__..__...__ 41 13.5.2 ]nc.icaLor requlrenients__.._-..-- _ ---...__...-- _ ---....__....._ _...42. 13.5.3 1JaLasr,uroes __.-_-..-- _ ---...__..._._....._......_._..--.-_-..-- _...42 1.4 Recreation .,4Z 15 Safety 1 ;.1 Percentage of city impulaLI,n covered by r 1uILl-hav rd early war nIngNysLeni..._ 42 14.1.1 General__ 42 15.1.2 ]nc.icaLar requirements._ 42. 15.1.3 Data . e""rcPs - 1- 15.2 Percentage of emergency responders who have received disaster response training...._._4.3 14.2.7 C;eneral.._ 4 15.2.2 ]nci€ator requirements._._..._ __...__..._._....._ 43 15.2.3 DaLasaur+ncs_..._._...... _....... _...... __..._ 43 15.3 I eroer,:age of local hazard warnings issued bynational agencies annually that are received in a timely fashion by the city..__ ...... _...... _...... 43 11.._ _1 General..__...._._......_......_......._._...__...._._......_....._....._._..._ 15.3.2 'nc.icaLor requirements__...__..._._....._......_......_._..._ _ 44 15.3.3 Data sources _......_._....._....-- -_....._._...__..._._......_................._....__..._._......_......_...44 15,1 Number of hospital beds in the city destroyed or damaged by natural hazards per laD 000 population 44 15.4.1 General..__....-- --..__...-- _ _-...— _..__.._._......_......_...4-4 15.4.2 ;nc.lcaLor requirements_._..__...-- _ _ _-...— _ _ 44 15.4_1 Data sources ---..__...-- _ _ _-...— _..__..._._......_......_...45. 16 Solid waste ., ,•,4r5 16.1 Number of active and temporary waste management sites ;available for debris and rubble per square kilometre_......._._...__...__ _ 44 16.1.1 General__....__......_ ---..__..._._.....- _ _-..._ _.._ 45 16.1.2 ]n.lcaLir requirements__...__..__ 16.1.3 Data sources 15 17 Sport and culture-......__..._,_...........45 JJJ:;L sU1J -Aft L1 JILsrese, ed vll City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only Page 617 of 661 ISO 37123:Z019(I 1 This is a preview of"ISO 37123:20119". Click here to purchase the full version frofn the ANSI store. Ili itlecainmiiniratlnn_....... _...... _ 18.1 Percentage of emergency responders in the city equipped mrith specialized communication 4ec]vlologies able :o ope!' Le reliably during a dis. ster evetil..__..._._......_.46 I V. ].1 i,enPra] —...-- _ __...— 4f] 12.1.2 ]rsdicaiorrequirements.._......_......._._...__...__......_......_......_._...__....__ _.._._.._._._..._._..._._..46 111.1.3 Data Sources _ - --.._.__..—...-__.46 19 T anspurlalirin—..--..-.- ---...—..47 19.1 Number of evacuation routes available per 100 DUO population_....�..._� 10.1.1 iaeneral...._.....- - - - ...—... - - - ...—... -.47 19.1.2 indicator requirements,, 19.1_1 Data snuicas 47 20 Urban/local agriculture arid lurid security. ---..—...--_.47 20.1 Percentage of city population that can be served by city food reserves for 72 hours in an em er8enLy _............. 20.1.1 Genera]...._ 20.1.2 Ind !caw r qulremanLs.._......_......_._...__...__......- ----.—...__.._._..-.---..._._.47 20.1.3 Data sriurces _..-- _ _ —...-- _ ---...—..._._.4L 20.2 Percentage of !Ile clty's populri:ion living within one kilometre of a grocery store_ ...... _..4a Cianeral _ —... - -—..._._.48 20.2.2 indicator requirements .48 20.2.3 Data sources _...__......- ---...—...__ _ _....._._...—..._._.46 21 Urban piauriing_ 49 21,1 Percentage of cr.), area covered by publicly avaJ.l7blaJL<:2ardmaps 49 21.1.1 CGcncrn] _....._._...__..._._.49 21.1.2 indicator requirements... 49 21.1.1 Data murces _...----...—...---....._......_._...—...__.49 21.2 Perri rius land areas and pill is space and pavement 'hunt with lrnrnw , draining materlaLs as a perm' 7ge of clLy land area --...—...---....._......_._...—..._._.49 21.2.1 iianPrat_ _......_.......__...._._. 21.2.2 indicator requirements �1.9 21.2.3 Data SriuIk25 21.2.4 Data in_erpretatinn...._ —...__ 5f1 21.3 Percentage of illy land area in high -risk ztnes 4vlsere risk -reduction measures hair been inrplerlenred _.51 21.3.1 Genera] 51 21.3.2 1ridicaiiir requirem ents.._......_......_._...__ __...—...__ _....._......_._..._._.51 21.3.3 Data sources_...__......_....._......_._...—...__.51 21.4 Percentage of city dcparLmen Ls and utility services :hat conduct risk ass: ssnienL in their planning and investment. 51 21.4.1 Genera] _ _ — 51 21.4.2 Indicator requirements.._......_......_._...-- —...-- _ ---...__.12 21.43 DaLo sources _—..._._.52 21.5 An r;ua I number car critical I nfr-asL3'ucLures [lonc.ed as a Roman Loge o f crLLLca1 infrastructure in :he city 21.5.1 Genera] _ —...__—..._._.52. 21.5.2 lndicatrir requirements _...__ —...__ _ _ __..._._..52 21.5.3 Data sources _ ---...—..._._.53 21.6 Annual re on water reLer LI (I] measures as a pore2n Loge o f city prevention measures budget53 21.(r.1. {'crieral...._......_.......__...._._......_......_......_._...----...__...__.._._ _....._._...—..._._..5 21.(kl Irid icatrirrequirPmP.ntS Data re .,ircmer]Ls.....- -—..._._.53 22 ...... _...... _...... _....... __....__...... _...... _...... _...... _._...__....__...... _...... _ 53 23 L4ate.r'........ _...... _._....__ 53 23.1 Number of'dit erer: s M.LrCeS providing at least 5'If, of total water supply capaity..._...... _53 22.1. t i=eneral...._......_....._ _ _ —...---....._......_._...—...__.51 rill ,1=i LSO 2010 - AL rlgtru reserved City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only Page 618 of 661 LSO 37123: 019(I1 This is a preview of"ISO 37123:20119". Click here to purchase the full version from the ANSI store. 2.1.1_2 rialea tri r r. qulremonLfi._ —- ...... _...... _...';4 23.1.3 Datnsources 5,1 23.1.4 Data interpretation ._......_._..__....-- - ---...—..._._.....---...__...-- -54 _�. I'P.rr7Pn7age of dry population -hat can he iciipplipd with drinking suat.r by alternation methods far 72 hours._...__..._._......_......_....._._...._ _ _....._...54 23.2.1 General.._ _......_._...__...-- --_-..---....._...54 23.2.2 ]nc.i for requirements._ -... ... W...,......54 23..2.3 Data sources _...---....._._...__..._._.....---...__..__ 55 24 I-le1.ortingand rewrd mainFxnanue Annex A (infr rrnativej Typology of city hazards__.... __...t_...._._.,,.v,...,_ Annex B (informative] Mapping ISO 371Z3 indicators to the risk -management process .. 57 Annex C [Iitir(,rml.mivcj Mapping 1SO 3712:3 indicators to the disaster -management process. ....... _...60 Annex D (infnrrrraLive) UNSustalrrahle Development Goals (SIDG') and the Sendai Framework for Disaster Risk Reduction ...,,.....62 Annex E (infornultive) Mapping of ISO 37123 indicators to ISO 37101 issues and purposes._ ...... _...74 Bihlingrap]iv _ _....._._..._._.....- ---...—..._._...22, 0) ]SD 2.010 -ALL r1Llrts renewed ix City of Waterloo IA - Smart City Strategic Plan Supplement - For Waterloo Project Team Review Only 60 Page 619 of 661 Thank you. We look forward to working with you in the future. Page 620 of 661 # Project Category Operational Efficiency Gr Alignm Economic velopment 25% 25% 20% 15°A) 15% 1 Accelerate Ubiquitous Connectivity Program 10.0 9.0 10.0 6.0 10.0 2 Accelerate e-Government Transformation 9.0 10.0 8.0 8.0 9.0 3 Implement Complete Streets Strategy 9.0 9.0 10.0 7.0 7.0 4 Deploy Innovation Districts 9.0 8.0 7.0 8.0 10.0 5 Optimize Police Department Assets 9.0 8.0 8.0 8.0 8.0 6 Implement Smart Parks Program 10.0 7.0 8.0 8.0 8.0 7 Implement Sustainable Waste Management 9.0 6.0 9.0 7.0 9.0 8 Procure Managed Cybersecurity Monitoring 8.0 9.0 8.0 9.0 5.0 9 Deploy Immersive Smart City Testbed 8.0 8.0 9.0 7.0 7.0 10 Implement P3 for EV Readiness 7.0 7.0 9.0 8.0 9.0 11 Develop Climate Action Program 10.0 5.0 8.0 9.0 7.0 12 Implement Renewable Natural Gas Project 9.0 6.0 8.0 7.0 7.0 10 - All 1 - Few 10 - Highest 1 - Lowest 10 - Highest 1 - Lowest 10 - Easiest 1 - Hardest 10 - Highest Impact 1 - Lowest Page 621 of 661 Weighted Score 9.2 8.9 8.6 8.4 8.3 8.3 8.0 8.0 7.9 7.9 7.8 7.5 Page 622 of 661 Community of Opportunity SMART CITY STRATEGIC PLAN - SUPPLEMENT Draft for review MAYOR HART INTRODUCTION LETTER (OPTIONAL) Page 624 of 661 Draft for review DISCUSSION AGENDA • Transformation Reflections • Summary of the Smart City Strategic Plan v0.9 • Recommendations • Discussion CYseD Swift si-Reks L , a ,cidEnt okievfcan °dop-i-; %tic tointis AV Fla?! for PK/ Fb+es DQ-1-a NUN if for %raf-4 A \L teak de4ec 4un )US 5(Pa�1s;b/'1 SeCLW da+� TrjOT'w�arK•�,�ie."1. VlslolJ� i c access �nne�ked ++ccmz-,,,v. PKbl�c V�'i{; incl ueve. FR oe.r backbane safe. access PD App GH;IIz4 tr ,SyStems Tr�ft3fa�+on i nfrgslmuAAuk ire—,,56(44neei Co ms Pit -Dlspaich CC? Po oden,,;z c4-ion - (slab. , ` wkole Clnck_na(- c *S-tandar&izaklon \M'URug 062A-se ;uSranS14- Snforma�;an Patrm2 4,bn Map M ce(Ptp .6 orolio/i - Bkses) `s),6-e op#,mi-z k on V iSonzeto Trpk lec41,166 ky Car lS�19/e ttiie*� %_ (wfattier, viral y ) VISION pecceybn So Amon Orien ti* (CkAtiom) 4 AcT%ON R,qht 3u9�oo14 1, a CC +a rn001-c*e vlsaaN Ct#izen g-micowermo EAerrvik �xancQ Known ct5 glace`} Rests Dewier., AV, Sensors, kcbo+cs, AI, ML erdkss sbtk,es ktamati on ,reptror, We heard you. Then we crafted a bold vision for Waterloo's future that enables Mayor Hart's desired transformational trajectory. Page 625 of 661 Draft for review SMART CITY STRATEGIC ACTION PLAN - TRANSFORMATION MAP • Waterloo today is `Intentional / Opportunistic • Waterloo 2028 could be `Integrated / Repeatable • Waterloo 2032 could be `Sustainable / Optimized' Smart City Maturity Model Framework of Stages, measure, actions, and outcomes required to effectively transform 5 Stages with each building on its predecessor — — — — Opportunistic Ad Hoc Siloed Tactical, experimental all hoc projects or pilots; 1 department -based planning without formal governance or citywide coordination Business Outcome Technology -enabled pilot success; proof of concept demonstrated 1 1 1 Intentional Stakeholder buy -in begins led by executive sponsor, proactive collaboration within and between some departments Business Outcome Foundation for governance and strategic planning; increased investment 1 1 1 1 1 1 1 1 1 1 1 Repeatable Integrated Recurring projects, events, and processes identified for integration and build -out based on improved outcomes . Business Outcome Repeatable success in project process and outcomes across multiple organizations The Stages Managed Operationalized Technology and data assets shared and governed by formal systems for work/data flows, new services and policies nudge behavior change Business Outcome City-wide strategy and operations transformation bring improved service delivery Optimized Sustainable A sustainable, citywide platform providing agile innovation, strategy, IT, and governance for an integrated system of systems Business Outcome Agility, innovation, and continuous improvement bring competitive differentiation ferentiation i -year roadmap to transform Waterloo into a first -tier city Page 626 of 661 Draft for review AFA COHORT RELATIVE SELF -RANKING Questions (on a 1-10 scale) 1. How `smart' do you think your City is? 2. How reliable is the data you get? 3. Do you get all the data you need? 4. Do you get data quickly enough? 10 9 8 7 5 4 3 2 1 0 AFA Cohort Self Ranking Smart City Maturity ❑ata Reliability ❑ata Completeness ❑ata Timeliness WLoo —City 1 —City 2 —City 3 —City 4 Waterloo is a more advanced smart city overall, but lags in data completeness & timelines, of 661 Draft for review WHAT WE HEARD DURING VOICE OF COMMUNITY From City Leaders and Staff "How we could potentially get better at our own snow and ice control on our bridges and overpasses. And instead of being more reactive, we could possibly be more proactive." "My hope in what I'm doing is helping people be able to connect to resources... we could use technology to help people better engage with local resources." "There's a huge need and opportunity for getting people to work other than by car." "1 think having a smarter city with interconnected systems would give our citizens some ease that we are making the best decisions for the future." "People still don't know what's happening. So, trying to create avenues to reach even further into our community, to be able to share more data with people in our community, not just sharing that data, but also helping them to understand how that data has an impact on their daily lives." "The city always has an issue with reputation. There's a negative reputation across the state as far as not being safe. In actuality, [it is] as safe as any other community of our size, if not safer." "Stigma"... "skeptical "... "low expectations"... "image problem"... were all descriptions of the reputation challenges. Across two dozen interviews we consistently heard a need for modernization of city operations, fully integrated resident engagement, and an improved city reputatio e 628 of 661 Draft for review WHAT WE HEARD DURING VOICE OF COMMUNITY • Residents generally live here due to a family connection • Respondents like the activities, parks, fire department, and public library • Areas that residents see room for improvement include the following (in order of most mentioned to least) Very concerned about safety and crime Transportation -related (state of roads, speed cameras, transit options & hours, traffic lights) Lack of entertainment, retail, restaurants and activities Rundown housing and commercial buildings and landlord issues Insufficient street lighting • General acceptance and curious optimism about smart city in Waterloo — it's something people desire Resident Survey Ran for 14 days following two public events in November 293 survey responses and 395 total written responses were analyzed with notes from the live events Resident Quotes: "To me it's more than 'technology'. That'll happen regardless -- we will be forced to modernize technology if we don't do it voluntarily. What we will not be forced to do and what will make us a more modern, desired place to live is the amenities we offer as a community." "Waterloo deserves to be a city ready for the technological changes that are already here and will be here in the future. But along with that, our city needs to solve problems for residents, not create new ones. As we grow, we need to grow our marginalized folk, making sure that people of all races, ethnicities, refugee statuses and others are not only invited to participate in this but actively are part of this process and are instrumental in creating any solutions that arise from the newly gathered data. Anything less is empty promises and a further entrenching of what has plagued it thus far." Significant data was gathered from the survey and incorporated in the Plan developme . 629 of 661 Draft for review WHAT WE HEARD DURING VOICE OF COMMUNITY Like the Most About Waterloo Would Like to See Improved or Changed Diverse Population The Ease of Getting Around Quality, Affordable Housing Options Urban Environment with Small -Town Feel Options of Restaurants/Places to Eat Career Opportunities (or Proximity to) Other (please specify) The Culture of the City Good Schools (including Colleges) Opportunity to do Business/Entrepreneurship Local Leadership Options for Entertainment/Attractions Internet Connectivity 1 Economic Opportunity (Jobs / Employment) Overall Quality of Life Education Transportation and Mobility Experience Street Lighting Safe and Accessible Sidewalks Responding to Housing Concerns Environmental Impact Police Services Other (please specify) Recycling Programs Access to City Information/311 Garbage Collection 911 Services Fire Protection 1 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Significant data was gathered from the survey and incorporated in the Strategic Plan, e 630 of 661 Draft for review STRATEGIES TO COUNTER PUBLIC MISPERCEPTIONS • Data Visualization to Support Messaging, Especially re: Public Safety — E.g., Optimize Police Department Assets & Complete Streets Recommended Smart City Projects • Resident -Friendly Messaging as Part of Multi -Pronged Communications Strategy CITY OF .LV� TERLOO OUR SMART CITY .TOURNEY Emple.thp.IBe eaanildts of huu xe ran liamluuu puallly of ful all Cleuelanaery Ly?Q3j W BL1C SAFETY imlOte CITY SERVK.E5 lath in* Honeywell Confidential - ©2020 by Honeywell International Inc. All rights reserved. Page 631 of 661 Draft for review SMART CITY STRATEGIC ACTION PLAN - SUMMARY "Waterloo's Smart City Strategic Action Plan is a comprehensive, integrated, and thoughtfully phased approach for transforming Waterloo by addressing the City's immediate operational challenges while establishing a strategic foundation for the future." Mary Ellen Wiederwohl, Accelerator for America CEO • Ambitious Yet Achievable 7-Year Smart City Strategic Action Plan — Addresses city's key challenges and provides integrated Smart City approach — Note: `smart city' is not a separate thing, it is a journey of continuous change management (budget, policies, staff) • Provides Roadmap for Waterloo to Objectively Become First -Tier Smart City (ISO 3712X) — Enables Waterloo to more effectively deliver essential city services & ROI now while building world -class capabilities • 12 Recommended Smart City Projects Can Transform Waterloo's Quality of Life — Some enhance or expand existing plans & capabilities, and some create new capabilities; all help transform the City — Projects can be accelerated depending on City priorities and resources (e.g., Smart City Testbed) Recommend Council adopt Strategic Plan v1.0 in April Page 632 of 661 Draft for review SMART CITY STRATEGIC ACTION PLAN - SMART CITY MODEL • Foundational Infrastructure — Enables strategic advantage (e.g., Chattanooga municipal fiber) Physical: fiber, grid, light poles... Digital: smart city platform... • Solution Pillars — Often overlap yet still helpful model for categorizing projects • Cross -Cutting Themes — Critical lenses to view potential impacts from any project — Help ensure projects are understood and evaluated holistically Smart City Pillars and Cross -Cutting Themes ‘' OM% Data -Driven Decision Making Equity & Inclusion Economic Development Public Policy Citizen Engagement Culture & Organization Foundational Infrastructure (Physical and Digital) A framework for thinking about all future investments, policies and processes Page 633 of 661 Draft for review SMART CITY STRATEGIC ACTION PLAN - PROJECTS & PILLARS Recommended Smart City Projects Mapped to Smart City Pillars Data -Driven Decision Making Equity & Inclusion Economic Development Public Policy Citizen Engagement Culture & Organization It E-Government Ubiquitous Connectivity Accelerate e-Gov Transformation Innovation Districts ka Sustainability Sustainable Waste Management Climate Action Program Renewable Natural Gas 6iP Transportation Complete Streets Strategy Smart City Testbed Electric Vehicle Readiness P3 n Public Safety Optimize Police Dept Assets Smart Parks Program Cybersecurity Monitoring Service Foundational Digital & Physical Infrastructure Smart City Operating System Recommended Smart City Projects address current and future city challenges Page 634 of 661 Draft for review ACCELERATE UBIQUITOUS CONNECTIVITY PROGRAM Problem Statement - Residents currently experience overpriced, unreliable internet options making it difficult to retain and recruit young populations to the community and sustain economic development. - Waterloo's current and future OT/IT systems need complete, reliable, and secure internet connections (i.e., digital infrastructure) to increase operational efficiency. Recommended Solution - Expand Connectivity Strategy - Waterloo's current strategy for middle mile and Fiber-to-the-Home/Premise (FTTH/FTTP) buildout is expected to take three years and $115 M to complete. Residential connectivity will increase the quality of life, educational and job opportunities. - Implement a branded, public Wi-Fi program in key public areas, especially downtown (Power Up Downtown!) and parks to complement the Waterloo Municipal Communications Utility (MCU) - Explore the feasibility of other connectivity options (point-to-point, 5G, CBRS, etc.) to fill in gap coverage and prepare for the future of connectivity demands (autonomous vehicles, loT, etc.) Expected Benefits 1. Accelerated and expanded connectivity, especially for households with no or poor internet 2. Increased economic activity and improved visitor experience with Wi-Fi as placemaking amenity 3. Increased operational and technical readiness for future connectivity technologies This project modernizes our city and unlocks economic value. Page 635 of 661 Draft for review ACCELE E-GOVERNME RANSFORMATION Problem Statement - For residents interacting with the city is cumbersome and inefficient (e.g., Public Works requires a person to fill out a 12-field form to report a problem, of which the prepopulated menu options don't even match the advertised functionality). - The City has 557 FTEs to meet the needs of 66,941 residents with limited financial resources ($630k tax / sq mi) and a declining tax base (population shrank 2.6% since 2000 peak). - Waterloo has too many key services and departments that are not digitally accessible. For example, Public Safety (which is the largest portion of the 2023 budget at $38.9M) provides 5 services yet does not have an alternative option beyond phone or email to request services (especially non -emergency services). The City is not aligned with the modern needs of residents, could improve operational efficiency, and the lack of technology -enabled services inhibits data driven decision making. Recommended Solution — Implement Digital Transformation Solutions - Implement a 311 system and Smart City Operating System to provide residents and businesses a modern, people -centric portal and mobile application (mobile web app or native app) to communicate with the city that feeds digital back -office operations. - Bring all city services online to streamline services requests and focus initially on departments that have higher reliance on personnel costs or labor gaps to serve Waterloo's 61.4 square mile service area. Expected Benefits 1. Improves service delivery and makes more services available to residents 2. Increases resident and business engagement and satisfaction, making Waterloo a city that is 'easy to do business with' 3. Reduces cost by streamlining operations, reducing inefficiencies & automating workflows 4. Accelerates City Hall modernization and maximizes value of data to support data driven decision making 5. Future -ready integrated architecture increases organizational flexibility, which also helps prepare for future unforeseen crises This project modernizes City Hall, makes our city future -ready, and improves resident satisfaction. of 661 Draft for review IMPLEMENT COMPLET STREETS ' RATEGY Problem Statement - Residents want a safer, more connected mobility experience, and businesses want to streamline the flow of goods. - City staff need better technology tools to reduce traffic accidents and support Vision Zero with outdated paper -based workflows, obsolete tools, and IT systems that do not readily interoperate. Recommended Solution - Create a Bold, Integrated Mobility Approach - Implement a digital twin city and using Al based predictive crash models for existing conditions and to evaluate safety of new and proposed roadway and transportations projects online base on predicated calibrate for Waterloo conditions - Integrate multiple intelligent transportation systems (ITS), connected vehicle (V2X) systems, Internet of Things (loT) systems, city services, and resident engagement tools with a Smart City Operating System to reduce congestion and emissions, improve public safety, reduce truck accidents and congestion while streamlining city operations. - Elements include public safety IT and OT integration with existing video cameras, predictive public safety and emergency response analytics, flexible notification functionality, and support for first responders with real-time access to intelligent assets. - Interact with existing Complete Streets Advisory Committee to implement solutions. Expected Benefits 1. A safer city for vehicles and vulnerable road users (e.g., pedestrians, bikes, scooters, motorcycles). 2. Streamlined traffic flow. 3. Better cross -departmental coordination. ':ISION ZERO This project will transform the mobility experience for residents and visitors. Page 637 of 661 Draft for review DEPLOY INNOVATION DISTRICTS Problem Statement Residents want greater job opportunities. - Waterloo seeks to implement it's 18x8' initiative, increase its tax base and reduce its reliance on the City's two largest employers (Deere & Company and Tyson Fresh Meats) and single largest industry sector (Agriculture) that employs 26% of Waterloo's employment. Waterloo also needs to provide opportunities for residents to develop new knowledge and modern work skills (including re-skilling older workers) and attract new industries and companies of all sizes (including startups and early -stage companies). Recommended Solution — Develop Partnering Programs and Innovation Districts • Create a strategic innovation program to attract businesses, diversify existing economic base, and develop a local innovation ecosystem. — Identify industry clusters and likely companies for innovation partnering including Ag/AgTech, Advanced Manufacturing, Logistics, and Financial Services. — Develop an innovation competition to catalyze partnering opportunities and attract new businesses to the Waterloo area. — Develop closer alignment with Hawkeye Community College to create a skilled workforce that can support key employment sectors (Ag Business Management, Animal Sciences, Information Technologies, Manufacturing and Engineering, etc.). — Work with TechWorks to develop a physical innovation workspace in conjunction with programs that support early -stage companies / startups. Locations should focus on providing comparative advantages for Waterloo and/or the activity needs, especially rail served. — Expand physical placemaking efforts, combined with innovation partnering programs, to the six industrial parks to maximize value. Expected Benefits 1. Creates a new, more vibrant city image that can boost civic pride while promoting Waterloo to new companies that may not have previously considered Waterloo as an option (skilled workforce, innovative and supportive of startups). 2. Promotes more cost-effective economic growth with a deep knowledge base that is highly aligned with industry partners. 3. Creates new jobs and additional revenue which will help attract new residents, increasing the tax base. 4. Helps promote downtown, which can make the community feel more vibrant, attractive and progressive (especially compare to neighbors). This project allows Waterloo to grow and diversify its economic base in support of the 2030 Community Visic 38 of 661 Draft for review Problem Statement - Residents have an inaccurate perception that the crime rate for the City of Waterloo is higher than average. - Waterloo has limited staff and resources to expand its analytical capabilities and implement a Smart City Operating System. Recommended Solution - Enhance Existing Capabilities - Integrate video cameras and other public safety sensor systems with advanced predictive analytics and a Smart City Operating System to better detect and respond to crime. - Deploy a public communications strategy that promotes a more accurate understanding of crime based on factual statistics, data and research — helping to reduce misperceptions and increase transparency while building trust. Expected Benefits 1. Reduced violent and property crime. 2. Improved response times for routine and emergency situations. 3. Improved asset utilization of officers and vehicles. 4. Improved public perceptions for a more accurate understanding of City safety. For development purposes 0 C,ie,e ,_,Rod ■ men Vehicle Then Robbery Accident ■ Assault bomesticviolence Come Against Women ThY Other, Build Mi»'iens JCt 1,401 LlrlRSselect w�l aa m19-oeaam x len� g KA53v4135 2O19-08a2 14o¢00 13 KA.53V414fi 2019-0B-021.000 1fi KA.32V2112 2019-011-0216.1000 21 Temiwte All This project helps us reduce crime across the city and improve our quality of life. Page 639 of 661 Draft for review IMPL MENT SMART PARKS PROGRAM Problem Statement - Residents and visitors want park and trail experiences that are equitable, engaging, and safe for all outdoor enthusiasts. - Waterloo needs to modernize its park and trail systems to improve public safety, address physical health, drive economic development, improve air quality and reduce urban heat islands. Recommended Solution - Deploy Tech to Deepen Park and Trail Experiences - Integrate video, micro -mobility vendors, Community Wi-Fi, networked LED lighting, interactive kiosks, loT sensors, city services, and citizen engagement tools powered by a Smart City Operations System in city parks and trail systems including Waterloo's two signature parks - Gates Park and Byrnes Park, the Cedar Valley's extensive trail system, Riverfront Sports Park, the Cedar Valley SportsPlex, Exchange Park, the Waterloo Riverfront Renaissance Trail, and Island Park. Expected Benefits 1. Improved public health and wellness through greater community activity. 2. Improved safety and security for residents. 3. Seamless and more equitable mobility experiences for all. 4. Reduced transportation -related GHG emissions for improved air quality. 5. Greater use of Waterloo's park and trail systems (e.g., Atlanta BeltLine). This project will transform Waterloo's park and trail amenities for residents and visitors. Page 640 of 661 Draft for review IMPLEMEN SUSTAINABL SOLID WASTE MGT Problem Statement - Residents have limited options for waste diversion, continue to put recyclables into main waste streams and want cost-effective disposal. - Waterloo wants to better manage its landfill (which is a major source of emissions and be seen as a leader on climate action. Recommended Solution - Implement More Advanced Waste Management Systems - Continue to monitor trash collection pickup using RFID monitoring to make sure all revenue is captured that can be re -invested into new technologies and systems. - Implement a compostable waste program and educate the public to increase awareness for new waste diversion opportunities such as food waste, upcycling, and reuse. - Install smart sorting systems to separate recyclable materials from non -recyclable materials automatically. - If Cedar Falls waste collection becomes a reality, deploy smart bins to ensure routes are optimized to reduce unnecessary vehicle miles traveled (VMT) and GHG emission by trash trucks. Expected Benefits 1. Reduced waste going to landfills, promoting sustainability and reducing the need for new landfill sites while increasing revenue from the additional waste collection opportunities from Cedar Falls 2. Reduced carbon emissions which improves air quality and mitigates climate change. 3. Demonstrates climate action leadership, elevating Waterloo's image as a progressive city. 4. Increased efficiency: Smart waste collection systems can help optimize garbage truck routes, reducing time and fuel needed to collect. This project allows Waterloo to reduce waste costs and demonstrate climate action leadership. Page 641 of 661 Draft for review PROCU : MANAG I CYBERSECURIT MONITORING Problem Statement - Residents ultimately pay the price for compromised city OT and IT systems. - As technology expands it is crucial to secure all systems from increasingly sophisticated cyber-attacks, especially given the increase in loT devices throughout the city's networks. Also, with the rollout of City Broadband, being able to provide secure connectivity to citizens strengthens our status as the premier broadband offering in the Cedar Valley. Recommended Solution - Strengthen Existing Capabilities - Procure a managed cybersecurity monitoring service from a proven national security -focused firm to buttress existing systems, policies and procedures. Expected Benefits 1. Waterloo's IT & OT networks remain better protected against cyber threats. 2. Waterloo can continue to provide essential city services uninterrupted. 3. Saves taxpayers money from denied ransomware attacks. This project makes our city safer from cyber attacks. Page 642 of 661 Draft for review PLOY IMMERSIVE SMART ITY TESTBED Problem Statement - Residents and other stakeholders struggle to understand the benefit of smart city initiatives which are often quite complex and interrelated (e.g., what exactly does `smart curb management' mean for residents?). - Waterloo lacks an integrated strategy and platform to thoughtfully evaluate future smart city technologies, and lacks an ability to co -create with residents, businesses, staff, and other key stakeholders. Recommended Solution - Create New Capabilities - Deploy a robust mix of smart city technologies including but not limited to smart parking, connected lighting, advanced metering, environmental, traffic and public safety sensors, interactive kiosks, smart trash, community Wi-Fi, augmented / virtual reality, EV charging infrastructure, etc. in a multi -block area collectively managed by a Smart City Operating System. Expected Benefits 1. Increased stakeholder understanding, alignment, and support of smart city initiatives. 2. Enhanced departmental coordination, public policy development, and city workforce upskilling. 3. Creates foundation for a rich partnership ecosystem of private and academic organizations. 4. Visualization can educate & influence residents on public safety data. This project will help us build the muscles needed to navigate a complex and ever -changing future. Page 643 of 661 Draft for review Pas FOR EV READINESS Problem Statement - Local businesses are increasingly electrifying their vehicle fleets and need robust charging infrastructure. - With 57% of all delivery costs incurred from last -mile deliveries', Waterloo needs to deploy robust EV charging infrastructure along its highly -trafficked trucking routes to address EV charging demand for local manufacturers and distributors who are already making significant investments in decarbonizing their fleets. - Relevant examples: John Deere's fully electric tractor, called SESAM (Sustainable Energy Supply for Agricultural Machinery), with a 150kWh battery pack and 34-miles of range; and Amazon's purchase of 100,000 Rivian EDV700 EV delivery vans with 135-kWh battery pack and averaging 150-miles of range2. 1. Source: McKinsey, "Delivering the last mile: Today's challenges, tomorrow's opportunities", 2018 2. Source: Motortrend, "Take a Look Inside Amazon's New Rivian Delivery Van", November 24, 2022 Recommended Solution — EV Fast -Charging Plazas with Smart Parking and Resilience Hub Partner with MidAmerica and/or private entities in a P3 delivery model to build fast -charging plazas for fleet traffic along the Avenue of the Saints (US Route 20), Interstate 380, US Route 63, Iowa Highways 218 and 63. - Integrate the EV fast chargers, IT and OT systems with a Smart City Operations System. - Include an interactive smart parking app that allows fleets to secure parking spots in advance of arriving to the EV charging plaza. - Integrate battery storage and PV with the EV charging plazas to create Community Resilience Hubs (CRHs) to increase community resiliency. Expected Benefits 1. Enhances electric grid and transportation system reliability to meet upcoming EV demand 2. Addresses range anxiety by deploying greater grid reliability at city scale. 3. Achieves greater community resilience to respond to extreme weather events. 4. Ensures EV charging availability for truckers in advance of arriving at the plaza. This project will draw heavy duty EVs, increase the City's attractiveness, and improve community resilience, . , of 661 Draft for review DEVELOP CLIMA ACTION ROGRAM Problem Statement Residents are increasingly concerned with Waterloo's efforts to combat climate change especially related to long-term health effects (i.e., Waterloo's air quality is rated as 'moderate' and is consistently higher than national average of 40). Waterloo's current climate action proclamation is not paired with an implementation plan. Addressing climate change is complex, requiring a well thought out plan with specific actionable strategies, tactics, and metrics to help ensure success towards any meaningful climate change goal across all departments. The lack of a clearly articulated strategy can waste time and money and create frustration while also producing subpar results. Recommended Solution - Develop a Detailed Climate Action Implementation Plan - Define a detailed plan with specific, measurable, achievable, and realistic goals aligned with city timelines. Identify technologies and systems that can be implemented at the asset level to identify which department will implement the climate strategy to include Rough Order of Magnitude (ROM) budgets. Expected Benefits 1 Improves public health by decreasing air pollution. 2. Saves money on energy costs, waste management, and related expenses. 3. Creates green jobs and promotes economic growth by prioritizing sustainability and climate action to attract businesses and residents who value environmental stewardship. 4. Supports local employer sustainability goals. 5. Improves perceptions of Waterloo as a progressive city with a reputation as a thought leader, innovator and more progressive than peer cities. This project allows Waterloo to expand and achieve its climate action goals and become a sustainability /elder of 661 Draft for review IMPLEMENT RENEWAB = NATURAL GA ' ROJECT Problem Statement - Residents will increasingly experience poor air quality from increased methane gas generation as Waterloo's waste collection demands increase. - The City is focused on managing methane gas in a responsible, prudent manner while also recognizing the economic development opportunities increased waste collection can create. High strength waste stream diversion strategies are of top priority. Recommended Solution - Use Technology To Support Renewable Natural Gas Lagoon - Assess feasibility of implementing a methane gas lagoon program. Tyson's effluent must be considered in evaluating the availability of organic waste and the potential for generating methane gas. - Identify industry partners - especially financial as public -private partnerships may provide the best options. Create and operate the lagoon from collection of organic waste to anaerobic digestion to the capture and storage of the methane gas. - Implement technologies to monitor gas collection, storage and transmission. Implement gas detection sensors nearby to ensure that GHG emissions are not escaping the collection system and supporting processes. Expected Benefits 1. Reduces greenhouse gas emissions: RNG is a low -carbon fuel that can be used in place of traditional natural gas. By producing RNG from waste, the city can reduce greenhouse gas emissions from its waste management operations. 2. Generates revenue: RNG can be sold as a commodity and generate new revenue for the city. 3. Increase energy independence: RNG can be used to power city vehicles or buildings, reducing dependence on fossil fuels. 4. Improve waste management: The production of RNG requires the proper management of organic waste. Implementing an RNG lagoon can help improve the efficiency and effectiveness of the city's waste management operations, reducing the amount of waste sent to landfills. 5. Promote sustainability: Implementing an RNG lagoon can help the city promote sustainability and environmental stewardship. This project allows Waterloo to reduce greenhouse gases while creating a new revenue stream. Page 646 of 661 Draft for review RECOMMENDED PROJECTS - HONEYWELL'S WEIGHTED RANKING # 1 Project Category Accelerate Ubiquitous Connectivity Program Community Impact Operational Efficiency Grant Alignment Ease of Deployment Economic Development Relative Scoring 25% 20°0 AL 15% Score 10.0 9.0 10.0 6.0 10.0 9.2 2 Accelerate e-Government Transformation 9.0 10.0 8.0 8.0 9.0 8.9 3 Implement Complete Streets Strategy 9.0 9.0 10.0 7.0 7.0 8.6 4 Deploy Innovation Districts 9.0 8.0 7.0 8.0 10.0 8.4 5 Optimize Police Department Assets 9.0 8.0 8.0 8.0 8.0 8.3 6 Implement Smart Parks Program 10.0 7.0 8.0 8.0 8.0 8.3 7 Implement Sustainable Waste Management 9.0 6.0 9.0 7.0 9.0 8.0 8 Procure Managed Cybersecurity Monitoring 8.0 9.0 8.0 9.0 5.0 8.0 9 Deploy Immersive Smart City Testbed 8.0 8.0 9.0 7.0 7.0 7.9 10 Implement P3 for EV Readiness 7.0 7.0 9.0 8.0 9.0 7.9 11 Develop Climate Action Program 10.0 5.0 8.0 9.0 7.0 7.8 12 Implement Renewable Natural Gas Project 9.0 6.0 8.0 7.0 7.0 7.5 10 - All 10 - Highest 10 - Highest 10 - Easiest 10 - Highest Impact 1 - Few 1 - Lowest 1 - Lowest 1 - Hardest 1 - Lowest Project weighting determines relative ranking; not intended to serve as single project !errs Draft for review WATERLOO SMART CITY STRATEGIC PLAN - ECONOMIC VALUE 25% Improvement in annual O&M productivity when streamlined workflows are deployed ~4.5-7.5% Reduction in annual operating costs when intelligent asset management strategies are in -place Operations Maintenance Technolog Installs Smart City Platform Smart City Plans Proof -of - Concepts Sources: • Accenture, "You'll reclaim the IT and ops gap with intelligent assets", June 13, 2022 • Jones Lang LaSalle, "High Cost of Deferred Maintenance — And How to Avoid It", June 5, 2019 • AECOM, $48 County of Los Angeles Deferred Maintenance Program for 88 Cities 30-40% Prelicrnw 6lelnnenanoe Strarege; 4X $1 worth of maintenance deferred could quadrupleto Si in saved capital renewal costs for the City_ Annual opex savings are driven by: 15- 0 a 5-15% 15-10% h#erNwtlelvffinn Slreernlined HiII;F{: [;aprIAl Work Processes Planning A. I rtestrnent ;trareeieti An integrated platform saves time and money Page 648 of 661 Draft for review WATERLOO 2045 Tectonic Technology Shifts • Remote Work • Artificial Intelligence • Augmented / Virtual Reality • Robotics • Fleet Electrification • eVTOL (Flying EVs) • Climate Change & Community Resilience • Social Networks Impact on Public Safety MANAGING ACCELERATING RATE OF CHANGE The accelerating pace of change ... Revolution a,aCC L e41e1 � 124}ael WM. I9C •alb Ali bub 'twangkoickural 0 ... and exponential growth in computing power ... p171piWr igchnglagy, xhown Mete cilmbin4 drarnallcally by powars ar ID. Is now progressing more each Maur than In rt:F er141,3 lint 94 years CEtM PUTS R RAN KIN GS L'r ral.. uscns p r setxud Atsulyticol enclas Never TUIM but Chers Batilms's -rn. rItFCln MIS des:prred r4 sorle corroutstuna.antl IppIr. I ilmhlcrns EI,I !e tat!!! .ems, brit • url4aw rlkI] Cafnamua the electronic cornpk.ter, w'h 1,500 saoaarn Luoe$, "sell the brsiut.::^ad. German caries duri'iy 4Vr'r' II INy • DEC NY IIP.a 1ita • Ir1Hrr 8 bEC Patin Eu bsuea! Wert unnr+te I Metal. commer- ciel&y mutated computer, used to L uidethe U,S. Clenwg, auwpied 'd4'3 cu. tr. ▪ • a1:613I Wneld ztwa,r �. 1NLda} Wen Apply II At a rue or$1.298. Ito compact machine was aeetirFru the Rai messiw 11 pdpda-personal comput ars pk4 nirreralm rar44 Human, — •p•:,k &mina sequenced ...will lead to the Singularit-y 11.4a ixla GAJEPC Pa41.41r 1Ilarc 4 Trio +Irsi per&ra GGfnWtgr io de� 'I rnore'lhen 1Pjfufal: Floaring•parrt Operations Far socard t:.ECIF1040!wHANItAL rr:'.57S••--•VACULIY TLBEE—.—TRCS•SIS-4R.—...— inttGit5ten4IRGu::3- Source: Ray Kurzweil .99a 1960 rcSa 10'5-..-.... 4 Surpasses Lxainpowar equlAgdpnt to Witt >I ntrnen brains 0xnanel Su.pe5Sk3g ImIr power a7t lunun t b,C]o;riwu::u Source: Time Magazine Smart City Strategic Action Plan solve today's challenges & prepares City for tectonic shifts underw% of 661 Draft for review RECOMMENDED PROJECT GRANT FUNDING FIT SM. RT Strengthening Mobility & Revolutionizing Transportation • $500M / 5-yr DOT -led program • No match • Planning: <$2M • Implementation: <$15M • First awards expected 2Q23 Safe Streets for All • DOT -led $5B program • 20% match • Planning: <$1M • Implementation: <$30M • 510 awards for $BOOM 1 Q23 ($16M avg Implementation) Project Grant Fit Complete Streets Plan SMART Stage 1 grants highly competitive (392 apps for -40 awards in first tranche). SS4A awarded 473 Planning grants 1 Q23 (ATL got $30M Implementation grant). Cyber Monitoring DHS or FEMA likely a better fit PD Asset Optimization Smart City Testbed Justice Department or DHS likely a better fit unless bundled with Complete Corridors Implementation Project SMART Stage 1 best fit ($2M) SS4A could also be a good fit ($1 M) Ubiquitous Connectivity Smart Parks Waste Management Department of Commerce may be a good fit Department of Commerce may be good fit Department of Energy may be good fit Climate Action Plan Natural Gas Department of Energy may be good fit Department of Energy may be good fit Not recommended for grant consideration: - Streamlined e-Government Digital Transformation (OPEX funded) - EV Readiness (P3 funded — possible grant opportunity) - Innovation District (P3 / OPEX funded) Next steps: 1) Review Strategic Plan for v1.0 submission. 2) Prioritize Projects. 3) Select grant focus of 661 Draft for review APPENDIX - ISO 3712X GLOBAL SMART CITY INDICATORS SUSTAINABLE CITIES AND COMMUNITIES ISO 37120 Indicators for City Services & 150 37122 'Indicators for Smart Cities ua l i ty of Life I50 37123 Indicators for Resilient Cities Theme ISO ISO ISO 37120:2018 37122:2019 37123:20 Economy 11 4 7 Education 6 3 4 Energy 9 10 3 Environment and climate change 9 3 9 Finance Governance 6 2 7 4 Health 6 4 6 4 Housing 10 2 6 Population and social conditions 9 Recreation Safety 10 Solid waste 10 4 5 1 0 1 f Tracking & reporting these indicators will objectively make Waterloo a smart cit Page 651 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department May 15, 2023 AGENDA ITEM TITLE Resolution supporting LGBTQ+ Waterloo Residents. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. LGBTQ + Resolution Page 652 of 661 RESOLUTION SUPPORTING LGBTQ+ WATERLOO RESIDENTS WHEREAS, according to the nation's leading medical and mental health organizations, the term "conversion therapy" refers to any practice or treatment that seeks to change the sexual orientation or gender identity of a patient or client; and WHEREAS, "Sexual orientation or gender identity change efforts," also referred to as "conversion therapy," means any practices or treatments that seek to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender.; and WHEREAS, conversion therapy has been associated with high rates of depression and suicidality among minors; and WHEREAS, conversion therapy has been disavowed by the nation's leading medical and mental health organizations, including but not limited to the American Academy of Pediatrics, the American Academy of Child and Adolescent Psychiatry, the American College of Physicians, the American Medical Association, the American Psychiatric Association, the American Psychological Association, the American Psychoanalytic Association, the National Association of Social Workers, the American Association for Marriage and Family Therapy, the American Counseling Association, and the American School Counselor Association; and WHEREAS, the City of Waterloo values every member of our diverse and vibrant community regardless of sexual orientation, or gender identity; and WHEREAS, the City of Waterloo seeks to protect and defend all our community members from barbaric and discredited medical practices; and WHEREAS, the City of Waterloo joins with community partners and medical and mental health professionals in seeking solutions to reduce rates of depression and suicidality impacting our community; and WHEREAS, the City Council of Waterloo swore an oath to protect and defend the U.S. Constitution which guarantees all people the right to exist, to love, and to be equally protected under the law; WHEREAS, the General Assembly of the State of Iowa has passed a series of anti-LGBTQ+ that threatens the very right of LGBTQ Iowans to be treated equally and fairly before the law NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: THAT, the City of Waterloo affirms, defends, and stands in allyship with our LGBTQ+ citizens and their fundamental human rights, and; Page 653 of 661 THAT, the City Council of Waterloo affirms their constitutional duty to defend and ensure the equal protection of all citizens regardless of their sexual orientation or gender identity. Page 654 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department May 15, 2023 AGENDA ITEM TITLE Resolution supporting Grow Solar Cedar Valley. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Grow Solar Resolution Page 655 of 661 RESOLUTION SUPPORTING GROW SOLAR CEDAR VALLEY WHEREAS, the voluntary use of solar electricity by residents diversifies the electric supply of the City of Waterloo, and provides stability to the electric grid during peak power demands; and, WHEREAS, over time the use of solar electricity saves participating residents money on their electric bills, retaining that money within the City of Waterloo for future economic use. Additionally, solar electricity generation requires no fossil fuels, and reduces environmental pollutants. NOW, THEREFORE, BE IT RESOLVED that the City of Waterloo, Iowa will support the Grow Solar Cedar Valley program, in the following ways: 1. Grant the use of the City of Waterloo logo, as a sponsor of the program to be utilized in the City of Waterloo, on promotional materials. 2. Promote the program through appropriate marketing and communication strategies utilized by the City of Waterloo 3. Providing city facilities to host community outreach meetings and to waive any fees associated with that use. 4. Assign a City Council member to serve as a representative to the Solar Group Buy Advisory Committee. NOW, THEREFORE BE IT RESOLVED City of Waterloo, Iowa supports the efforts of Grow Solar. Approved this day of , 2023. Page 656 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department May 15, 2023 AGENDA ITEM TITLE An ordinance amending Chapter 3, Human Rights, by adding Article C, Unfair Practices - Conversion Therapy. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Civil Rights Conversion Therapy 2023 (1) Page 657 of 661 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY ADDING ARTICLE C, UNFAIR PRACTICES - CONVERSION THERAPY, TO CHAPTER 3, HUMAN RIGHTS, TITLE 5, POLICE REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Article C, Unfair Practices -Conversion Therapy, Chapter 3, Human Rights, Title 5, Police Regulations is enacted as follows: 5-3C-1 Purpose. To protect individuals from the serious harms caused by conversion therapy or sexual orientation or gender identity change efforts and protect the physical and psychological well- being of minors through the exercise of the police power of the City for the public safety, health, and welfare by liberally construing this chapter to accomplish that purpose. 5-3C-2 Definitions. "Sexual orientation or gender identity change efforts," also referred to as "conversion therapy," means any practices or treatments that seek to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Sexual orientation or gender identity change efforts do not include counseling that provides assistance to a person undergoing gender transition or that provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual -orientation -neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual's sexual orientation or gender identity. "Medical or mental health professional" means any individual who is licensed by a local, state, federal, or other regulatory body to engage in a profession related to physical or mental health, including any students, interns, trainees, apprentices, or assistants who provide medical or mental health services under the auspices, guidance, or supervision of a licensed medical or mental health professional. 5-3C-3 Unfair Practices -Conversion Therapy. A. It is a violation for any medical or mental health professional to provide or advertise sexual orientation or gender identity change efforts to a minor, regardless of whether the provider receives compensation in exchange for such services. B. If the Director or City Attorney or their designees receives a report of an alleged violation of this Chapter, the Director or City Attorney or their designees may issue a letter notifying the provider that provision of conversion therapy or sexual orientation or gender identity change efforts is prohibited. The act of sending an advisory letter does not preclude any other enforcement power of the Commission or other body. Section 2. If any section, provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Page 658 of 661 Ordinance No. Page 2 INTRODUCED: , 2023 PASSED 1st CONSIDERATION: , 2023 PASSED 2nd CONSIDERATION: , 2023 PASSED 3rd CONSIDERATION: , 2023 PASSED AND ADOPTED this day of , 2023. ATTEST: Kelley Felchle City Clerk Quentin Hart, Mayor Page 659 of 661 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department MEETING DATE May 15, 2023 AGENDA ITEM TITLE An ordinance amending Title 8, Public Utilities, Chapter 3, Sewer Regulations, Article A, User Charges and Fees of Section 2, Determination of Rates and Charges, to Increase Sewer Rates. RECOMMENDED COUNCIL ACTION I recommend that the Council adopt an ordinance change to City Ordinances, Chapter 3, Sewer Regulations, Section 8-3A-2 to apply the following sewer rental charge, effective with billing dates beginning July 1, 2023: Minimum monthly charge $20.09 (includes first 3 CCF) Minimum quarterly charge $60.26 (includes first 9 CCF) Per CCF over minimum monthly charge is $3.22 One CCF = 100 cubic feet of metered water used or metered waste water discharge if provided in permit SUMMARY STATEMENT AND BACKGROUND INFORMATION The average residential user cost will rise to $2.68 per month, while the minimum quarterly charge will rise to $4.46. These rates will be the eight lowest of the largest ten communities ranked by population after applying these increases (and assuming other entities haven't adopted rate increases recently). As we have discussed in the past, the City needs to continue making substantial capital improvements to the sewer system. In order to maintain balanced budgets for the sewer fund, rate increases are required. The City developed a collection system master plan to implement improvements required by the consent decree. In addition to those improvements, a large project is underway to make improvements to the plant biosolids treatment system. This increase should fund the debt service needed for projects currently planned to be financed over the next fiscal year. We are anticipating annual increases for the next several years to implement the necessary improvements. NEIGHBORHOOD IMPACT The rate increases will allow the city to comply with Clean Water regulations and maintain a balanced sewer budget. Page 660 of 661 DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION If rates aren't increased and the improvements required by the US Environmental Protection Agency and the Iowa Department of Natural Resources are not made, the City won't be able to comply with the regulatory requirements and will likely be penalized with fines. LEGAL DESCRIPTION ATTACHMENTS None Page 661 of 661