Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Packet - 12/18/2023
CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA Regular Session TO BE HELD AT Harold E. Getty Council Chambers Monday, December 18, 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 the Crossroads Mall area into a sports/recreation-themed gravitational center. 6. Power Up Downtown: Keep Waterloo's core downtown evolving to meet the needs of future generations, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. 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 321 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, John Chiles, Ward 1 Council Member. Approval of Agenda as proposed or amended. Page 2 of 321 Approval of minutes of December 4, 2023, Council Regular Session, as proposed or amended. Approval of minutes of December 11, 2023, Council Special Session, as proposed or amended. Proclamation declaring December 10, 2023, as International Human Rights Day. 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 approving the request by Isael Garcia, for tax exemptions on the construction of a new twin home unit valued at $379,900.00, for property located at 1836 Red Tail Drive and located in the City Limits Urban Revitalization Area (CLURA). 3. Resolution approving the request by Boss Babes, LLC, for tax exemptions on improvements to a single-family home valued at $15,000.00, for property located at 911 Newton Street and located in the Consolidated Urban Revitalization Area (CURA). 4. Resolution setting date of public hearing as January 2, 2024, to approve a request by C&S Car Company to rezone approximately 0.57 acres from "R-3" Multiple Residence District to "C-2,C-Z" Conditional Zoning District and a Site Plan Amendment for expansion of an auto sales facility located along the southwest side of South Street between West 6th Street and West 7th Street, and instruct the City Clerk to publish notice. 5. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for the purchase of a Tahoe for the Police Department, in the amount of $40,457.00, as a State of Iowa bid from Karl Chevrolet. 6. Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorizing the City Clerk to notify the Black Hawk County Treasurer of said cancellation. 7. Resolution approving completion of project, recommendation of acceptance of work, and release of retainage in the amount of $2,250.00, for work performed by Bowker Mechanical Contractors of Cedar Rapids, Iowa, in conjunction with the City of Waterloo Page 3 of 321 Center of the Arts Youth Pavilion PH 2 Boiler Replacement Project. 8. Motion approving Change Order No. 10 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $7,428.85, in conjunction with the FY 2022 Sullivan Brothers Plaza Renovation, Contract No.1069, and authorizing the Mayor and City Clerk to execute said document. 9. Motion to receive and place on file the 2022 Audit of the Waterloo Water Works. 10. Motion to receive and place on file the 2022 Operating Report of the Waterloo Water Works. 11. Motion approving the appointment of Brynn Schroeder from the current Civil Service List to the position of Waste Water Operator in the Waste Management Services Department, effective December 27, 2023, pending pre -employment physical and drug testing. 12. Motion approving the appointment of Brian M. O'Connell to the position of Plant Maintenance Mechanic in the Waste Management Services Department, effective December 19, 2023, pending pre -employment physical and drug testing. 13. Frank MCCaw Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2026 (Re -appointment). 14. Melvin Wittwer Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2026 (Re -appointment). 15. Craig White Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2026 (Re -appointment). 16. Randy Miller Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2026 (Re -appointment). 17. Communication from the Public Works Department on the notice of the conclusion of employment of Brian Boesen, Animal Control Officer, effective December 1, 2023, with recommendation of approval of payout of $3,195.99 for unused benefits. 18. Airport Board meeting minutes of October 25, 2023. 19. Waterloo Housing Authority Board meeting minutes of November 20, 2023. 20. Liquor Licenses a. Carlos O'Kellys, 2060 Sovia Dr., Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (Renewal) Exp: 12/30/2024. b. Club Ambassador, 313 W. 5th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 12/15/2024. c. The Comfort Zone, 213 E. 5th Street, Class C Alcohol w/Sunday Sales (Renewal) Exp: 1/17/2024. d. Courtyard By Marriott, 250 Westfield Ave., Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (Renewal) Exp: 11/19/2024. Page 4 of 321 e. Karma Bar, 309 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/14/2024. f. Knights of Pythias, 244 Ash St., Class F Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 11/2/2024. g. Lock At Tower Park, 4140 Kimball Ave., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 9/20/2024. h. Trucker Bar, 1915 Bourland Ave., Class C Alcohol w/Sunday Sales (Renewal) Exp: 12/12/2024. PUBLIC HEARINGS 1. Request by Castle Storage Waterloo No. One to rezone approximately 5.87 acres from "A-1" Agricultural District and "R-2,C-Z" Conditional Zoning District to "C- 2,C-Z" Conditional Zoning District to allow for outside storage at 2551 Logan Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Castle Storage Waterloo No. One to rezone approximately 5.87 acres from "A-1" Agricultural District and "R-2,C-Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District to allow for outside storage at 2551 Logan Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 2. Request by the City of Waterloo to vacate an existing 50-foot sanitary sewer easement, generally located at and north of 3301 Greyhound Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate an existing 50-foot sanitary sewer easement, generally located at and north of 3301 Greyhound Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 3. Request by the City of Waterloo to vacate approximately 1,613 square feet of city - owned alley right-of-way in the "M-1" Light Industrial District located adjacent to 54 Lane Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Page 5 of 321 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 1,613 square feet of city -owned alley right-of-way in the "M-1" Light Industrial District located adjacent to 54 Lane Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 4. Acquisition of property (right-of-way, permanent easements, and temporary easement) for the La Porte Road Reconstruction Phase I Project generally located on La Porte Road between East Shaulis Road and just north of Bopp Street. 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 authorizing to proceed with the La Porte Road Reconstruction Phase I Project, to make final selection of the location, to authorize funding for the public improvement project, and determine that there is a reasonable expectation the city will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits, and authorizing the use of condemnation procedures for acquisition of property interests in furtherance of the project objectives, and to establish the amount of just compensation. Submitted by: Noel Anderson, Community Planning and Development Director 5. Sale and conveyance of city -owned property located south of 99 Mosley Street, to Leon V. Mosley and Rhonda M. Hodges Mosley, in the amount of $300.00. 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. Resolution approving the sale and conveyance of city -owned property located south of 99 Mosley Street, in the amount of $300.00, to Leon V. Mosley and Rhonda M. Hodges Mosley, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 6. FY 2024 Titus (Midland) Pump Station and Force Main Project, Contract No. 975. 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 the Waste Management Department for review. Submitted by: Randy Bennett, Public Works Division Manager RESOLUTIONS Page 6 of 321 1. Resolution approving an agreement with Tolemi of Boston, Massachusetts, for data integration and insights software application and rental registration and work flow management software, in the amount of $47,500.00, and authorizing the Mayor to execute said document. Submitted by: Quentin Hart, Mayor 2. Resolution approving a Construction Agreement with Waterloo Water Works' Board of Trustees, in conjunction with the FY 2024 La Porte Road Improvements - Phase 1, Contract No. 1016, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Chad Coon, General Manager 3. Resolution approving a Professional Services Agreement with EN Engineering, LLC, formally Magellan Advisors, LLC, in an amount not to exceed $1,107,300.00, for project and construction management, inspections and engineering support services for the fiber backbone and fiber -to -the -home network project implementation in calendar year 2024, and authorizing the Mayor to execute said document. Submitted by: Bridgett Wood, Finance Director 4. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., in the amount of $179,800.00, for construction administration and project inspection services for the Airline Passenger Terminal Parking Lot Canopy Project at the Waterloo Regional Airport, and authorizing the Mayor to execute said document. Submitted by: Keith Kaspari, Director of Aviation 5. Resolution approving a Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, in an amount not to exceed $25,000.00, in conjunction with the Waterloo Pavement Management Plan Update FY 2025 - 2031, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 6. Resolution approving an Intergovernmental Transfer of Public Funds Agreement with the Iowa Department of Human Services, and authorizing the Mayor to execute said documents. Submitted by: Jason Hernandez, Medical Supervisor 7. Resolution approving nine FY 2024 Quarter 3 and Quarter 4 Event/Capital Hotel -Motel Tax Grant funds, with one additional Capital Grant, in the amount of $90,400.00, as recommended by the Waterloo Convention and Visitors Bureau Board of Directors. Submitted by: Tavis Hall, Executive Director ORDINANCES 1. Request by the City of Waterloo on behalf of H&A, LC, to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street. Motion to receive, file, consider, and pass for the second time an ordinance amending Page 7 of 321 Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by the City of Waterloo on behalf of H&A, LC, to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 8 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department December 18, 2023 AGENDA ITEM TITLE Approval of minutes of December 4, 2023, Council Regular Session, as proposed or amended. 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. 12.04.2023 Council Regular Session Minutes Page 9 of 321 December 4, 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, December 4, 2023. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Mr. Chiles, Mr. Grieder, Ms. Wilder and Mr. Feuss. Absent: Ms. Creighton -Smith. Prayer or Moment of Silence. Pledge of Allegiance, Dave Boesen, At -Large Council Member. Approval of Agenda, as proposed or amended. Feuss/Grieder that the agenda, as proposed, be approved. Voice vote -Ayes: Six. Motion carried. Approval of Minutes of November 20, 2023 as proposed or amended. Feuss/Grieder that the Minutes of November 20, 2023, Regular Session, as proposed, be approved. Voice vote -Ayes: Six. Motion carried. PUBLIC COMMENTS Aaron Stacey Roberts, 411 Almond Street, provided comments regarding an insurance policy that belonged to his father. He further provided comments regarding the 14th Amendment. Floyd Howard, 2800 E. 4th Street, commented that he would like to see some beautification on the East side of Waterloo beyond Logan and East 4th. He commented on ideas for what to do with the vacant Chamberlain's property and what to do with vacant homes. Mary Potter, 1416 W. 4th Street, shared statistics about attendance at the Grout Museum. Matthew Carpenter, Carpenter's Diner, commented that all of his parking was gone by 7:00 a.m. and asked that the city put up additional signage about where to park around the convention center. He commented that there is not a good working relationship between the convention center manager and the parking manager. Michael Blackwell, Cedar Falls, shared that Reverend Stumme and his wife are convalescing at home with COVID-19. He provided comments regarding people experiencing poverty. Rachel Baumgardner, 1123 Lincoln Street, shared that they are here to speak about transitional housing and re-entry housing. She shared that they are seeking support from the city council to help lower the recidivism rate. She further shared statistics on homelessness in the community. Page 1 of 9 Page 10 of 321 Melissa Gama, 736 Home Park Blvd., co-founder of nonprofit organization The Cedar Valley Hand -Up, shared their goal to open a re-entry transitional unit for men and women being released from facilities, drug rehab, mental institutions and homelessness. Todd Obadal, 124 Amity Drive, commented on the need to seek solutions outside of government because it does seem that our government does not have the interest of the little person in mind. Feuss/Wilder to close public comments. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA that the following items on the consent agenda be received and placed on file, including the payment of bills for November 27, 2023, in the amount of $5,321,644.18, and December 4, 2023, in the amount of $3,272,112.79. Roll Call vote -Ayes: Six. 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. 2023-758. Resolution approving the award of hotel/motel tax grant to the Iowa Mission of Mercy Dental Clinic in the amount of $3,000.00. Resolution adopted and upon approval by Mayor assigned No. 2023-759. Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorizing the City Clerk to notify the Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2023-760. Resolution approving the request by David Strong, for tax exemptions on the construction of a new twin home unit valued at $349,906.00, for property located at 3377 Lincolnshire Road and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-761. Resolution approving the pre -construction request by Prairie Rapids Square II, LLC, for tax exemptions on the construction of a new 48-unit multifamily residence building, for property located east of 3121 Kimball Avenue and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2023-762. Resolution amending date of bid opening to December 14, 2023, in conjunction with the FY 2024 Titus (Midland) pump Station and Force Main Project, Contract No. 975. Resolution adopted and upon approval by Mayor assigned No. 2023-763. Resolution setting date of public hearing as December 18, 2023, to approve a request by Castle Storage Waterloo No. One, to rezone approximately 5.87 acres from "A-1" Agricultural District Page 2 of 9 Page 11 of 321 and "R-2,C-Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District, to allow for outside storage at 2551 Logan Avenue, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-764. Resolution setting date of public hearing as December 18, 2023, to approve a request by the City of Waterloo to vacate an existing 50-foot sanitary sewer easement, generally located at and north of 3301 Greyhound Drive, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-765. Resolution setting date of public hearing as December 18, 2023, to approve a request by the City of Waterloo to vacate approximately 1,613 square feet of city -owned alley right-of-way in the "M-1" Light Industrial District located adjacent to 54 Lane Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-766. Resolution setting date of public hearing as December 18, 2023, for the sale and conveyance of city -owned property located south of 99 Mosley Street, to Leon V. Mosley and Rhonda M. Hodges Mosley, in the amount of $300.00, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-767. Resolution setting date of public hearing as December 18, 2023, on the proposal to acquire property (right-of-way, permanent easements, and temporary easement) for the La Porte Road Reconstruction Phase I Project generally located on La Porte Road between East Shaulis Road and just north of Bopp Street, and authorizing the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-768. Resolution approving award of bid to B & B Lawn Care, Inc., of Waterloo, in the amount of $19.46 per lot/occurrence, approving the contract and certificate of insurance in conjunction with the 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract for city -owned lots generally acquired through Iowa Code 657A, authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution Number 2023-729. Resolution adopted and upon approval by Mayor assigned No. 2023-769. Resolution approving award of bid to Cedar Valley Renovations, LLC, of Waterloo, Iowa, in the amount of $21,832.00, approving the contract and certificate of insurance, in conjunction with the construction of a one -stall garage at 232 Ricker Street, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2023-770. Motion to approve Final Quantity Summary with Aspro, Inc., of Waterloo, Iowa, for a net increase of $109,285.50, in conjunction with the FY 2023 Asphalt Overlay Program, Contract No. 1073, and authorizing the Mayor to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Aspro, Inc., of Waterloo, Iowa, in the amount of $3,292,809.48, in Page 3 of 9 Page 12 of 321 conjunction with the FY 2023 Asphalt Overlay Program, Contract No. 1073, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2023-771. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Landmark Turf Services, LLC, of Dunkerton, Iowa, in the amount of $48,142.00, in conjunction with the FY 2024 Levee Rip Rap Spraying, Contract No. 1083. Resolution adopted and upon approval by Mayor assigned No. 2023-772. Resolution approving Completion of Project and Recommendation of Acceptance of Work, and release of retainage in the amount of $209,361.48 for work performed by Langman Construction, Inc., of Rock Island, Illinois, in conjunction with the US Highway 63 Sanitary Sewer Upgrades, Phase 1 Project, Contract No. 1037, receive and file a two-year maintenance bond, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2023-773. Resolution approving Completion of Project and Acceptance of Work for work performed by Ward Diesel Filter Systems, in the amount of $22,104.00, in conjunction with the Waterloo Regional Airport ARFF Vehicle Exhaust Project, FAA AIP 3-19-0094-055, AECOM Project No. 60675091, and authorizing the Airport Director to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2023-774. Resolution approving a Request for Proposals for the FY2024 Fiber Optic Network Asset Management Project, Contract 1098. Resolution adopted and upon approval by Mayor assigned No. 2023-775. Motion approving Change Order No. 4 with Woodruff Construction of Waterloo, Iowa, for a total decrease of $241,226.80 in conjunction with the FY 2023 Gates Park Improvements Project, Contract No. 1076, and authorizing the Mayor to execute said document. Motion approving Change Order No. 1 with Rosemont Companies, LLC, of Waterloo, Iowa, in the amount of $15,000.00, in conjunction with the Community Development excavation of old foundation, 230 Gable Street. Motion to approve the appointment of Dustin Knight from the current Civil Service List to the position of Equipment Operator I in the Street Department, effective date December 18, 2023, subject to pre -employment physical and drug testing. Motion to approve the appointment of Chawne Paige to the position of Director of Culture and Arts in the Culture and Arts Department, effective December 6, 2023. Page 4 of 9 Page 13 of 321 Christopher Schmitz Board/Commission: Board of Adjustments Expiration Date: February 2, 2025 New -partial Communication from the Library Department on the notice of the conclusion of employment of Endya Johnson, Library Assistant, effective October 25, 2023 with recommendation of approval of payout of $4,140.05 for unused benefits. Communication from the Fire Department on the notice of the conclusion of employment of Kurt Graven, Fire Engineer, effective November 14, 2023 with recommendation of approval of payout of $30,278.51 for unused benefits. Board of Adjustment meeting minutes of September 26, 2023. Complete Streets Advisory Committee minutes of September 26, 2023. Leisure Services Commission Board minutes of October 10, 2023. PUBLIC HEARINGS Request by the City of Waterloo on behalf of H&A, LC, to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street. Grieder/Chiles to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Grieder/Chiles to close the hearing and receive and file the recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Six. Motion carried. Grieder/Chiles to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by the City of Waterloo on behalf of H&A, LC, to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial Page 5 of 9 Page 14 of 321 District located east of 2950 Newell Street. Roll Call vote -Ayes: Five. Nays: One (Boesen). Motion carried. Mr. Boesen commented that it was brought up at the Planning and Zoning Commission meeting that the owners did not request rezoning the property, that it was the city that requested it. It was also mentioned that the city would purchase the property in the event a developer wants the land. He shared his concerns about developing the land due to the wetland that runs through this area. Noel Anderson, Community Planning and Development Director, shared that the wetlands would be rerouted to avoid the building site. He explained that rezoning the property would meet the needs of the prospective developer. He explained that they have been talking with AECOM engineering about the prospects of how we would move the drainage way through the area. Grieder/Chiles to suspend the rules. Roll Call vote -Ayes: Five. Nays: One (Boesen). Motion failed. Request by Prairie Rapids II, LLC, for a Site Plan Amendment to construct a 48-unit multi -family residence building in the "S-1" Shopping Center District located east of 3121 Kimball Avenue. Grieder/Feuss to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Grieder/Feuss to close hearing and receive and file the recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Six. Motion carried. Grieder/Feuss to receive, file, consider and pass for the first time an ordinance amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Prairie Rapids II, LLC, for a Site Plan Amendment to construct a 48-unit multi -family residence building in the "S-1" Shopping Center District located east of 3121 Kimball Avenue. Roll Call vote -Ayes: Six. Motion carried. Grieder/Feuss to suspend the rules. Roll Call vote -Ayes: Six. Motion carried. Grieder/Feuss to consider and pass for the second and third times and adopt the ordinance. Roll Call vote - Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5736. FY 2024 Fiber Optic Outside Plant LOSP) Construction, Economic Development Administration (EDA) Award Number 05-79-06185, Contract No. 1086. Feuss/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Six. Motion Page 6 of 9 Page 15 of 321 carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Feuss/Nichols to close the hearing. Voice vote -Ayes: Six. Motion carried. Feuss/Nichols Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-776. Feuss/Nichols to receive, file, and instruct the City Clerk to read the bids and refer to the City Engineer for further review. Voice vote -Ayes: Six. Motion carried. Estimate: $2,503,945.31 MP Nexlevel, LLC, Maple Lake, MN - 5% - $2,433,323.79 Price Industrial Electric, Robins, IA - 5% - $2,095,065.87 RESOLUTIONS Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,014,000.00 Sewer Revenue Capital Loan Notes, Series 2023C, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes, approval of the Tax Exemption Certificate, and authorizing the Mayor and City Clerk to execute said documents. Nichols/Feuss Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-777. Resolution approving the amendment to the Development Agreement with Prairie Rapids II, LLC, to include the CLURA partial tax exemption schedule, located near the southeast corner of Kimball Avenue and Ridgeway Avenue, and authorizing the Mayor and City Clerk to execute said document. Nichols/Feuss Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-778. Resolution accepting a Public Sidewalk Easement from the Waterloo Community School District to allow for the placement of a public sidewalk along West 6th Street on school -owned property, directly adjacent to 1115 West 5th Street (Irving Elementary School). Nichols/Feuss Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-779. Page 7 of 9 Page 16 of 321 Resolution approving a second amendment to a Real Estate Purchase Agreement with A -Line Ventures, for the purchase of 200 East Mullan Avenue, to amend the closing date to on or before December 21, 2023. Mr. Boesen questioned if hazards had been identified on the site. Noel Anderson, Community Planning and Development Director, shared what was identified, and said that it is believed it is to be very small and staff recommended moving forward with the acquisition. Feuss/Grieder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-780. Resolution approving a Real Estate Purchase Agreement with Cedar Valley Tech Works, Inc., and approving a deed to sell real property to the City of Waterloo in the amount of $2,460.00, located northwest of 25 West Commercial Street, and authorizing the Mayor and City Clerk to execute said document. Mr. Boesen questioned if the money for items 5 and 6 is coming out of the $2.7 million authorized for the groundwork on the hard court or is it beyond what the city is investing. Noel Anderson, Community Planning and Development Director, explained that it was above the $2.7 million and provided an overview of both of the purchase agreements. Feuss/Grieder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-781. Resolution approving a Real Estate Purchase Agreement with Cedar Valley Tech Works, Inc., and approving a deed to sell real property to the City of Waterloo in the amount of $59,880.00, located southwest of 25 West Commercial Street, and authorizing the Mayor and City Clerk to execute said document. Feuss/Grieder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-782. ORDINANCES An ordinance approving a request by Schott's Trucking, LLC, for a rezone of approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W. Airline Highway. Nichols/Wilder to receive, file, consider, and pass for the second time an ordinance approving a request by Schott's Trucking, LLC, for a rezone of approximately 2.93 acres from "A-1" Agricultural District to "C-1, C-Z" Conditional Zoning District to allow for a trucking business at 438 W. Airline Highway. Roll Call vote -Ayes: Six. Motion carried. Page 8 of 9 Page 17 of 321 Nichols/Wilder to suspend the rules. Roll Call vote -Ayes: Six. Motion carried. Nichols/Wilder to consider and pass for the third time and adopt the ordinance. Roll Call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5737. An ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road. Feuss/Nichols to receive, file, consider, and pass for the second time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by the City of Waterloo to rezone approximately 0.74 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located at 1318 Martin Road. Roll Call vote -Ayes: Six. Motion carried. Feuss/Nichols to suspend the rules. Roll Call vote -Ayes: Six. Motion carried. Feuss/Nichols to consider and pass for the third time and adopt the ordinance. Roll Call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5738. ADJOURNMENT that the meeting adjourn at 6:13 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 9 of 9 Page 18 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department December 18, 2023 AGENDA ITEM TITLE Approval of minutes of December 11, 2023, Council Special Session, as proposed or amended. 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. 12.11.2023 Special Session Minutes (1) Page 19 of 321 December 11, 2023 Roll Call. The City Council of the City of Waterloo, Iowa, met in Special Session, at the City Clerk's office at 3:00 p.m., on Monday, December 11, 2023. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Mr. Chiles, Ms. Wilder and Mr. Feuss. Absent: Ms. Creighton -Smith and Mr. Grieder. Approval of Agenda Chiles/Boesen that the agenda, as proposed, be approved. Voice vote -Ayes: Five. Motion carried. CONSENT AGENDA Boesen/Wilder that the following items on the consent agenda be received and placed on file. Roll Call vote - Ayes: Five. Motion carried. Motion to receive and file the adopted budget for calendar year ending December 31, 2024, for Waterloo Fiber. Motion to approve the appointment of Dustin Knight from the current Civil Service List to the position of Equipment Operator I in the Street Department, amended effective date December 12, 2023, subject to pre -employment physical and drug testing. ADJOURNMENT Boesen/Wilder that the meeting adjourn at 3:02 p.m. Voice vote -Ayes: Five. Motion carried. Kelley Felchle City Clerk Page 1 of 1 Page 20 of 321 CITY OF WATERLOO, IOWA PROCLAMATION II�S, On December 10, 1948, nations from six continents came together to adopt the Universal Declaration of Human Rights. This extraordinary document affirmed that every individual is born equal with inalienable rights, and it is the responsibility of governments to uphold these rights. In more than 430 translations, the Declaration recognizes the inherent dignity and worth of all people and supports their right to chart their own destinies. On the anniversary of this human rights milestone, we join with all those who are willing to strive for a brighter future, and together, we continue our work to build the world our children deserve; and WHEREAS, We want our children to lead healthy lives and pursue an education without fear and when citizens are empowered to pursue their full measure of happiness without restraint, they help ensure that economies grow, stability and prosperity spread, and communities flourish. Protecting human rights everywhere extends the promise of democracy and bolsters the values that serve as a basis for peace in our world; and MIERE S, It is our obligation as free people to stand with courageous individuals who raise their voices to demand universal rights. Under extremely difficult circumstances and often at grave personal risk brave human rights defenders and civil society activists throughout the Cedar Valley are working to actualize the rights and freedoms that are the birthright of all humankind. We will continue to support all those who champion these fundamental principles, and we will never stop speaking out for the human rights of all individuals at home and abroad. It is part of who we are as a people and what we stand for as a Cedar Valley United; and WHEREAS, We honor those by continually working to protect the personal dignity of all Waterloo citizens regardless of race, gender, religion or non -religion, ethnic background, sexual orientation, national origin or ability and to ensure social, political and economic freedoms and opportunities for all; NOW, THEREFORE, I, Mayor Quentin Hart, do hereby proclaim Sunday, December 10, 2023, the official recognition of MERNATIONAL Huy ! irr in Waterloo, and the official kick-off of a city-wide "2023 Human Rights Corridor of Activity" which commemorates 55 years since the assassination of the beloved Reverend Dr. Martin Luther King, Jr., and employs the Waterloo Human Rights Commission theme "Fifty -Five Years Since King: Chaos or Community?" featuring the inaugural celebration of Jamaica Day and Pan- Africanism 2024 in February. IN WITNESS WHEREOF; 1 have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 18th day of December 2023. ATTEST: Kelley Felc Quentin City CIerk Mayor Page 21 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Resolution approving the request by Isael Garcia, for tax exemptions on the construction of a new twin home unit valued at $379,900.00, for property located at 1836 Red Tail Drive and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT 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 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Unit 1836 and the undivided interest in the common elements appurtenant thereto in 1834 and 1836 Red Tail Drive Condominiums, Waterloo, Black Hawk County, Iowa, filed July 13, 2023 and recorded Page 22 of 321 in Doc. #2024-475 being a part of Lot 3 in Audubon Hills Second Addition in the City of Waterloo, Iowa. ATTACHMENTS 1. CLURA 1836 Red Tail Dr Form 2. CLURA 1836 Red Tail Dr Map Page 23 of 321 For Office Use Only Date Received: 0' 93 Received by: Staff to make a copy for applicant CITY LINIITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the l't working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. _V NAME: k ADDRESS: 66.1)-r. (q 1,,e4 ((-1. y TELEPHONE: ( J r0 -i 0 A. What is the Address of the property being improved? SIGNATURE: 4( EMAIL: 1Sot.e ( g c jj (,CCR47v4f DATE: f <4.3 6, te6 61(`( What is the Legal Description of the property? (May be available at County Recorder's Office on 2id floor of the Courthouse) ey;.-i- 1.152)c rind -ate, Pi19C (AAA -ivl i1 eomin9v el&venh ��11u -eio +he �d31 �6 Pod 7-ad Pr tea 1�i)I1i°, ,W 'Cn , Joy,�,1P it.cfc.1 ,5, RC�cW" etnA YeCo� 04 J) e, 4- uo ,11 441C a t. ALB. Indicate desired exemption schedule: (l r 2) iY1 AL. J�)0+1 i1/s �„Lt k r ,f9y1 ,v? J ��L1 1. )(One Hundred Percent (100%) exemption for three years on the actual value added by improvements; i�-tt 'lee.), 2. A partial exemption on the actual value added by improvements according to the following schedule: C. a. First Year 80% b. Second Year 70% c. Third Year 60% d. Fourth Year e. Fifth Year 40% f. Sixth Year 40% W at was the nature of the improvement(s)? P aJ -1 -CU( IA kO TA/C' 50% g. Seventh Year h. Eighth Year 30% i. Ninth Year 20% j. Tenth Year 20% 30% D. City of Waterloo Building and Inspections Department Information: �j Date permit was issued: [ t' 17 - Eit% Total permit(s) valuation 1.0,, c7Ut/ Permit Number: 09- 0256 VE. What was the cost of the new construction? 2-).'7) 9 G 0 V. F. Estimated or actual date of completion of this new construction? i.11 t''] 1 ` 9,W Lei Page 24 of 321 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: [-BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 25 of 321 Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or Implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessors Office for complete and accurate information. CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Resolution approving the request by Boss Babes, LLC, for tax exemptions on improvements to a single-family home valued at $15,000.00, for property located at 911 Newton Street and located in the Consolidated Urban Revitalization Area (CURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the commercial property under the Consolidated Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Second Addition to Grand View Place Lot 9 Block 15 Page 27 of 321 ATTACHMENTS 1. CURA 911 Newton Street Form 2. CURA 911 Newton Street Map Page 28 of 321 For Office Use Only Date Received: Ia Received by: Stan'to make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property lax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 14 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of lows, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council NAME: 0 SS .S) L/.,t�/ SIGNATURE: / v - ADDRESS: ` Z 5I'7'el i?,4-A! era EMAIL: j. r _ y /fir G �� TELEPHONE: 3( 1 q`c35-ervg DATE: %21s13 // slew,?-�, S - ,(rl'it,0 re 763 A. What is the Address of the property being improved? What is the Legal Description of the property? (May be available at County Recorder's Office on 2'4 Moor of the Courthouse)? second ArictI4erri 4-o Grant, Pkt p.. (` 9 ail 15 B. Indicate desired exemption schedule: (1 or 2) 1. Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% d. Fourth Year 50% g. Seventh Year 30% b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30% c. Third Year 60% f. Sixth Year 40% i. Ninth Year 20% j. Tenth Year 20% C. What was the nature of the improvem nt(s)? !� no et j 1.2�b1 Yl , �i „1- rrrP '1/I G !r� �', /2>/t�i D. If this is not a single-family dwelling unit, which you own and reside in, wit l these improvements create a displacement of your tenants? Yes No DO NOT Write Below this line — Office Use Only E. City of Waterloo Building and Inspections Department Information: Permit Number: Date permit was issued: Total permit(s) valuation: F. What was the cost of the improvement? I S Irejv G. Estimated or actual date of completion of these improvements? ( 1 2(2 3 Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 29 of 321 Note: Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or Implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessors Office for complete and accurate information. NEWTON ST 15 30 60 90 Fee 911 Newton St NEWTON ST- of 3?24 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as January 2, 2024, to approve a request by C&S Car Company to rezone approximately 0.57 acres from "R-3" Multiple Residence District to "C-2,C-Z" Conditional Zoning District and a Site Plan Amendment for expansion of an auto sales facility located along the southwest side of South Street between West 6th Street and West 7th Street, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone the property in question from "R-3" Multiple Residence District to "C-2,C-Z" Conditional Zoning District in order to expand the current C&S Car Company business. The properties in question previously had homes on the lots, but the houses were demolished. The applicants propose constructing a 150' X 40' (6000 square foot) building on the site for parts sales. The proposed building will be similar to the building built at the corner of West 11 th Street and Commercial Street for C&S Car Company II. The building will be situated on the west side of the property and will face the existing C&S sales building located across the street. The applicant has presented two site plans, one with 57 parking spaces and one with 82 parking spaces. Parking requirements is 1 (one) parking space for every 500 square feet of building which would require 12 parking spaces; therefore, they meet the requirements. A combination of solid fencing and landscaping screening will be required along the west/southwest property line for this site. This will buffer the property from the single-family homes to the west and southwest. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 31 of 321 COMMUNITY ENGAGEMENT METHODS A public hearing will be held by the Planning, Programming, and Zoning Commission at their December 12, 2023 meeting and notices were sent to property owners within 250-feet. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Does Addition Lots, 1-5 Block 13, City of Waterloo, Iowa. ATTACHMENTS 1 Staff Report - C&S 2. SW side of South Street - R3 to C2CZ - Overview Map 3. SW side of South Street - R3 to C2CZ - Aerial Map 4. CS SITE PLAN 5. Application Page 32 of 321 December 12, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by C&S Car Company to rezone approximately 0.57 acres from "R-3" Multiple Residence District to "C-2,C-Z" Conditional Zoning District for expansion of an auto sales facility located on the southwest side of South Street from West 6th Street to West 7th Street. C&S Car Company, 812 Washington Street, Waterloo, Iowa 50702. The applicant is requesting to rezone the property in question from "C-2,C-Z" Conditional Zoning District and "R-3" Multiple Residence District to "C-2,C-Z" Conditional Zoning District. The request would not appear to have a negative impact on the surrounding neighborhood. The request does not appear to have a negative impact on traffic or pedestrian conditions in the area. The property will be accessed off of South Street which is a local street and connects to West 6th Street which is a minor arterial. The nearest trails are the US Highway 218 and West 6th Street trails located 0.157 miles to the northeast. All streets in the area have sidewalks. The surrounding residential development occurred between 1876 and 1939 and commercial development between 1941 and 1991. A combination of solid fencing and landscaping screening will be required along the west/southwest property line for this site. This will buffer the property from the single-family homes to the west and southwest. The area is question is currently zoned "R-3" Multiple Residence District District and has been zoned as such since adoption of Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North — Commercial and residential zoned "C-2" Commercial District. South — Residential and religious uses, zoned "R-3" Multiple Residence District. East — Residential and commercial zoned "R-4" Multiple Residence District, and "C-2" Commercial Distrcit. West — Residential zoned "C-2" Commercial District and "R-3" Multiple Residence District. Rezone "R-3" & "C-2,C-Z" to "C-2,C-Z" Page 1 of 7 Page 33 of 321 December 12, 2023 DRAINAGE: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: FLOODPLAIN: The proposed request requires storm water management. The applicant will need to submit a full site plan showing on -site detention to the Engineering Department. Irving Elementary School is located 0.41 miles to the southwest, Hoover Middle School is located 2.07 miles to the southwest, and East High School is located 1.02 miles to the northeast. There are twin 21" sanitary sewer Lines located in West 6th Street, a 15" sanitary sewer line located in South Street, and 18"/24" Storm Sewer located in South Street. The Dry Run Arch drainage is located in West 6th Street. There is overhead power lines located in the alleyway between West 6th and West 7th Streets and along West 6th Streets. The Future Land Use Map designates this property as Mixed Residential: Low, Medium, High Density Residential; Professional Offices. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan, approved on August 21, 2023. The intersection of South Street and West 6th Street is located in Dry Run Floodplain Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July Rezone "R-3" & "C-2,C-Z" to "C-2,C-Z" Page 2 of 7 Page 34 of 321 December 12, 2023 18, 2011. A vast majority of the property site in question is not located in a special flood hazard area. STAFF ANALYSIS The applicant is requesting to rezone the property in question from ZONING "R-3" Multiple Residence District to "C-2,C-Z" Conditional Zoning ORDINANCE: District in order to expand the current C&S Car Company business. The properties in question previously had homes on the lots, but the houses were demolished. The applicants propose constructing a 150' X 40' (6000 square foot) building on the site for parts sales. The proposed building will be similar to the building built at the corner of West 11 th Street and Commercial Street for C&S Car Company II. The building will be situated on the west side of the property and will face the existing C&S sales building located across the street. The applicant has presented two site plans, one with 57 parking spaces and one with 82 parking spaces. Parking requirements is 1 (one) parking space for every 500 square feet of building which would require 12 parking spaces; therefore, they meet the requirements. A combination of solid fencing and landscaping screening will be required along the west/southwest property line for this site. This will Rezone "R-3" & "C-2,C-Z" to "C-2,C-Z" Page 3 of 7 Page 35 of 321 December 12, 2023 buffer the property from the single-family homes to the west and southwest. —..N 1.m�.,.—..1 q, a sue. ,. 1.M b. M .M sTM MANHOLE ® AZ "M°•m 1 j' .a ae:±d ELEV 849. n=w�°'�°O V South Street ����,;•„;: a 0 N A 8.4551 C NCF E'er ®— I —� — —1 ""___________SPA =i. 6�' CMP I. sW. ens dl 'f. CONCRETE`-- �€ ASPHALT OVERLAY 1 --)- RIM I O -- _ _ 41�,. SAN T �� 24' STM• TRaL PONT ,_1..,,, 1" OPEN PIPE —\ I I �\ ELEV= 5552.7 CONTROL POINT !.TAR 35 I I I SIDEW 5( —J — — — TGRM DETENTION AREA 27 ST Lt IF ili 4- Walk 11 -TA E5 "ST.f MAN MOLEEP I 1 '!� RIM ELEV..853.5.70 01 12' IT 32' OUT E- &53.0T 53.06 10 STALLS 'fit s, + J Alley (20') GRAVEL L STAL L S sheet STM MANHOLE RIM ELEV= 848.44 18 00T NE= 845.39 5 DAP IN SW= 545.541 OO 0) z W ) a) /1 P. s"10 f ;.ill,I..asM 813.11.1 f _ South Street — — 8 5TM le IN NE. B-143 17 j ACONCRET ASPHALT OVERLAY-1I -1_5" SA — �N IL ,' 24 - 5` — — — — 2 SIDEWALK CONTROL PONT LEV==BAR •.35 11 IRO'POINT #600 OPEN PIPE ELE4= 656.27 STORM DETENTION AREA-1 \T\)i,c \ 22'5" /24/STALLS 24/STALLS }ues»� rm ua I I I I PROPCSErFE58L040 ELiC Alley (20') GRAVEL (10 L J 8 T L3'; ON MANHOLE -OPEN GRAIN RIM ETEV= 85579 12" IN W= 8.53.01 O///12'//77 1 EXIS. CONCRETE 15'6" PARKING LOT 7\". 6 !'TALCS 12' Fr•c AA5 SLOG S/8 1I IJ s s m � 11 �c0i 80� o o c0NTROL POINT #603 0 11 AEBAR nS ELEV= 659,95 q J ct fle Rezone "R-3" & "C-2,C-Z" to "C-2,C-Z" Page 4 of 7 Page 36 of 321 December 12, 2023 Picture 1: Lot that was previously rezoned. Picture 2: Looking southeast from West 6th Street to lots to be rezoned. Rezone "R-3" & "C-2,C-Z" to "C-2,C-Z" Page 5 of 7 Page 37 of 321 December 12, 2023 Picture 3: Looking southeast toward existing C&S property. STAFF ANALYSIS SUBDIVISION ORDINANCE: STAFF RECOMMENDATION There is no platting in relation to this request. Therefore, staff recommends that the request by C&S Car Company to rezone approximately 0.57 acres from "R-3" Multiple Residence District to "C-2,C-Z" Conditional Zoning District for expansion of an auto sales facility located on the southwest side of South Street from West 6th Street to West 7th Street, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The rezone will allow the expansion of a Waterloo based business. With the following conditions: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Rezone "R-3" & "C-2,C-Z" to "C-2,C-Z" Page 6 of 7 Page 38 of 321 December 12, 2023 2. A combination of solid fencing and landscaping screening will be required along the west/southwest property line for this site. This will buffer the property from the single-family homes to the west and southwest. Rezone "R-3" & "C-2,C-Z" to "C-2,C-Z" Page 7 of 7 Page 39 of 321 City of Waterloo Planning, Programming and Zoning Commission December 12, 2023 R/VFR 'Pp M-2 rMMERCIAL-ST M-2,P C=2 M-2 WESTFIELD Ps C-P 1\1-1W: WASHINGTON ST � -A`1—se�'�P I L 1LANDbVE �R-2 RAINDA i L- STJ W. WELLINGTON)ST- \y R-3 lR-3;C-Z \� \5s .14105 �,ti —R'3 — C-2 R-4 LFOREST AVE ) J R-1 C=1 �S� • PLEASANT ST ~ �,5� I I I R-``1,,' R T WILL ISTONAVETR'2,C�Z R-2; C-Z'— BERTCH AVE I 1 HAWTHORNE AVE R-1,-BYRON AVE R-P R-1,R-P R-3 g R-2TC-Z R- 2;C-Z- E.-MITCHELL-AVE '1 CORNWALL-AVE =9 NT,-AVE ��AVITT-ST— 0 II ALMONDST I LI PINE ST- R-2 tx O 0O 2 O 0 R 2- C-Z L LIME ST' FORESTAVE 1- r � R-3 0 ti W 0 C-1 C1Z R-2'C-Z C-2;C Z M-1 DOUGLAS ST R=2 R_3 0)-GLENWOOD ST INDEPENDENCE AVE—I COURTLAND ST I M FOWLER ST L W - I / R-2 Q R-3, C_ Z C-2 cn 1- BYRONAVE ? ~ Z ci I OU Z Lu 0 O p co _ PATTONAVE- I �C-2 E. MITCHELL AVE 1 1-BOURLANDIAVE N,A O J CORNWALL-AVE SW side of South Street south of West 6th Street Rezone from "R-3" to "C-2, C-Z" C&S Car Company I)-,- - A n f O')4 ..y City of Waterloo Planning, Programming and Zoning Commission December 12, 2023 Southwest side of South Street south of 6th Street Rezone from "R-3" to "C-2, C-Z" C&S Car Comany Pnnc41 pf�21 _ STM MANHOLE RIM ELEV= 849.44 18" OUT NE= 845.39 6" CMP IN SW= 845.54 O CONCRETE ( VM 1VM STM MANHOLE RIM ELEV= 849.22 24" IN SE= 844.80 15" IN NE= 844.80 30" OUT NW= 844.64 CONCRETE Tgf'11/1 DETENTION AREA 27 ST LL CONTROL POINT #601 3" REBAR-16775 RED CAP ELEV= 853.31 VM 1VM VM VM VM South \Street ASPHALT OVERLAYI I VM 1VM VM 11 STALLS 10' REAR BLDG S/B Alley J SIDEW STM MANHOLE —OPEN DRAIN RIM ELEV= 855.79 12" IN W= 853.01 12" OUT E= 853.00 / GRAVEL � " SA OH jO VM VM VM LVM I .LVM .LVM- 18" STM SAN MANHOL(= RIM ELEV= 856.27 10" IN SW= 848.4 10" IN NE= 848.4 15" OUT NW= 848.47 TROL POINT #600 1" OPEN PIPE ELEV= 856. OH E 10 15 20 30 STM INLET RIM ELEV= 856.0 12" IN NW= 852.1 12" OUT E= 852. ASPHALT OVERLAY OHE ' OHE N C In as a O o C 2 0 W 3 CO O o _ . 1 o N cco W C dL,_ CO U as L N U c aM 6ry->%th a N V>/ jv Cd N i • n o vJ Na L*ci) 93>, CONTROL POINT #60/3 I rREBAR VV= 859.95 NI- c ;4 0 L oi o T- o 0) 0 �. c C 0 E mUc o O 0 � • C CO(i)WC. as + mac cU 0 N COm i N Lri 15CC N C') U N J J sheet age 42 STM MANHOLE RIM ELEV= 849.44 18" OUT NE= 845.39 6" CMP IN SW= 845.54 O CONCRETE VM IVM STM MANHOLE RIM ELEV= 849.22 24" IN SE= 844.80 15" IN NE= 844.80 30" OUT NW= 844.64 CONCRETE VM 'L CONTROL POINT 2 24'' STM REBAR .35 I ELEV=.84 VM VM VM IVM 14M 1VM SouthStre 00 ASPHALT OVERLAY' ±VM 1VM et 15" SA *VM VM VM IVM 1VM .LVM 1VM 18" STM SAN MANHOLE RIM ELEV= 856.27 10" IN SW= 848.47 10" IN NE= 848.47 15" OUT NW= 848.47 SIDEWALK TROL POINT #600 1" OPEN PIPE ELEV= 856.2�7 STORM DETENTION ARE/ 22'5" 3 ST LS 24 STA LS 24 STA, 'LS STALL 9 ST LS 111.1. 4v1r--1 CONTROL POINT #601 2" REBAR-16775 RED CAP ELEV= 853.31 5' 15' 7' 11 rOPOSED 150' X 40 FFE= 858.0 Alley2O') OHE 8 TA STM MANHOLE —OPEN DRAIN RIM ELEV= 855.79 12" IN W= 853.01 12" OUT E= 853.00 BLDG I OHE 0J 24' EXIS. CONC PARKING LOT 4 TA S 6 STALLS' 0' REAR BLDG S/B / GRAVEL OHE 10 15 20 30 OHE F f SRIMTM INLET ELEV= 856.0 12" IN NW= 852. 9 12" OUT E= 852 3 L N OHE O z V ASPHALT OVERLAY CON ftOL POINT #6i�J REBAR LEV= 859.95 c ca c .1 a) 0 c W c 1) 0 c UiteN1_c c (1) > coco 15 0 0 0 0 o m ?� N 0 . I M cocn co 8 M Ci.. aL, LA4/) c 3 0 0.. 0 W W •� O c 0 E -D � oC< .coz 0 O c 0 U cCOWc' E + ct c U o U N m m m co • N C co O cv 0 0 sheet 2 age 43 d; 21 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): C&S Car Company Address: 812 Washington St Phone: 319-291-7321 Fax: City: Waterloo State: Iowa Zip: 50702 b. Status of applicant: (a) Owner x (b) Other (CHECK ONE): If other explain: 319-291-6053 c. Property owner's name if different than above (please print): George Cooley Address: 812 Washington St Phone: 319-291-7321 Fax: 319-291-6053 City: Waterloo State: IA Zip: 50702 2. PROPERTY INFORMATION: a. General location of property to be rezoned: Southwesterly side of South St from W 6th St to W 7th St b. Legal description of property to be rezoned: Lots 3, 4, and 5, Block 13, Does Addition Waterloo Black Hawk County Iowa c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): 1405(180' d. Area of Proposed Zoning Boundary (Excluding Right of Way): .579 acre e. Current zoning: R-3 Requested zoning: C2-CZ f. Reason(s) for rezoning and proposed use(s) of property: New parking lot and buidling g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, a Zoning Cs .yn ission and the Waterloo City Council in making their decision. The undersigned authorize Zonin ? fefals to enter the property in question in regards to the request. Signaturate Page 44 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Resolution authorizing an exception to the City of Waterloo Purchasing Policy for the purchase of a Tahoe for the Police Department, in the amount of $40,457.00, as a State of Iowa bid from Karl Chevrolet. RECOMMENDED COUNCIL ACTION Requesting approval of Police Department vehicle purchase. SUMMARY STATEMENT AND BACKGROUND INFORMATION Karl Chevrolet was able to receive another Tahoe at $40,382 State Bid price. Additional keys were made for $75 so total vehicle cost $40,457. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 45 of 321 1. Tahoe - 40,457 Page 46 of 321 1101 S.E. ORALABOR ROAD ANKENY, IOWA 50021 Www.ka r is h ev rol a t.co m PHONE (515) 564-4255 TOLL. FREE 1-800-822-8264 MESSIAH GOVERNMENT DEAL FAX (515) 084-0045 SALESMAN DATE 09/22/2023 RUYER FIRST MI. LAST CITY OF WATERLOO OOROYER FIRST MIT. LAST U11 (319)215-8080 LCL STREET ADDRESS 625 GLENWOOD sT "'I(319)215-8080 CRY CaLJNTY STATE ZIP CCOE WATERLOO BLACICHAWK IA 50703-4063 CUSTOMERS 123494 YEAH NEWAISEO MASSE MODEL EXTERIOR COLOR MILEADE STOCK NO. 2023 NSW CHEVROLET TRUCK TAHOE BLACK 12 88461 SERIAL HUMMER 1GN$RLED0PR297557 o AR335942 'richard. otrange@WATERLOO-IA. ORG TOTAL VALUE PRICE 40457.00 Iowa law requires us to give you the following notice; You understand that liability insurance coverage which would protect you under the Iowa Motor Vehicle and Safely Responsibility Act IS NOT INCLUDED in your purchase of this motor vehicle. It is customer's responsibility to notify their Insurance company of any changes. Ptil e L ' `7 DOCUMENTARY FEE. A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAYBE CHARGED TO A BUYER FOR THE PREPARATJON OF DOCUMENTS AND THE PERFORMANCE OF RELATED SERVICES. THE MAXIMUM AMOUNT THAT MAY BE CHARGED FOR A DOCUMENTARY FEE IS DETERMINED BY IOWA CODE SECTION 322.19A. THIS NOTICE IS REQUIRED BY LAW. 32a_- 11 1 _- i i up- 2' i The vehicle is not being purchased for export or resale and allows a refund from the customer of any GM moneys paid should that customer resell or export a GM vehicle without the dealer's knowledge. Government Sales / Comm Fleet We agree that: (1) transactions where multiple cars are purchased by a single purchaser end payment Is delayed ("Bulk Deferred Transaclons") are not ordinary course transactions; (2) the Dealership's lender, Ally Bank (along with its affiliates, (tender)), has not authorized the Dealership to sell or otherwise dispose of (and has not consented to the safe or other disposition of) vehicles in Bulk Deferred Transactions free of Its security interest in the vehicfes; (3) the purchase of vehicles in Bulk Deferred Transactions free of the security interest of Lender would violate the of the Dealership's itnancing documents with Lender and the rights of Lender would violate the terms of the Dealership's financing documents with Lender and the rights of Lender in the vehicles; (4)1he Purchaser is riot a "buyer in ordinary course of business" as defined in the Uniform Commercial Code; and (5) accordingly, the sale of vehicles by the Dealership to the Purchaser In Bulk Deferred Transactions will not extinguish Lender's security Interest In the vehicles. Lender's security interest in a vehicle will automactically extinguish when payment is made for that vehicle. Thls provision may only be changed by written notice from Lender. You understand that this agreement (including the terms on the back) is an offer to purchase the vehicle described which will become a binding contract once the dealer has signed it.This document represents the complete agreement between you and the dealer regardless of any other oral, written or prior agreements or representations. However, if you are buying a used vehicle, the information you see on the window form for this vehicle is part of the contract and I the Information on the window form overrides any contrary provisions in this contract. By signing this contract, you are certifying that you are at least 18 years old (if there are two buyers, that at least one of you is 18 years old), that you have read this contract front and back, and agree to its terms, and thal you have received a copy of it, CASH SUE PRICE OF VERICLE $ 40457.00 USED VEHICLE ALLOWANCE TRAM I MAKE OF TRADE+.N YEAR M09EL SERA s N/A USED VEHICLE ALLOWANCE TRADE MAREOFTRAGUS YEAR MFOEI SERIAL F N/Aterms USEOYENICLE ALLOWANCE TraDE� MAHE OF TRADE-IN YEAR MODEL SERUlf $ N/A MANUFACTYIRERS REBATE $ N/A TRADEDIFFEREDCE $ 40457.00 VALARCE DIVED ONTRADE-INS S N/A a STATE` LOOSE TAXES N/A $ N/A REGISTRATION FEE $ N/A 'TITLE FEE $ N/A TRANSFER FEE N/A NONTAXABLE DOCUMENTATION FEE $ N/A Company. CITY OF WATERLOO TOTAL ['FUMED PRICE $ 40457 . 00 XII CASH DEPOSIT 3 N/A Woo CASH UN DELMEM s N/A RRYK`S.O�afWe Accepted By AUEUNTDUE s 40457.00 Dna'er3 AUlhor Rap/operas flTNRSMSum PURPOSE of Tom TORN. CONSULT MIROAN LEGAL COHNRFL TT,e R4noHa and R.yromacemwny FL63082_e0 {OEM 81 Page 47 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department December 18, 2023 AGENDA ITEM TITLE Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorizing the City Clerk to notify the Black Hawk County Treasurer of said cancellation. 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 48 of 321 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Greg Ahlhelm Building Official Building Department December 18, 2023 AGENDA ITEM TITLE Resolution approving completion of project, recommendation of acceptance of work, and release of retainage in the amount of $2,250.00, for work performed by Bowker Mechanical Contractors of Cedar Rapids, Iowa, in conjunction with the City of Waterloo Center of the Arts Youth Pavilion PH 2 Boiler Replacement Project. RECOMMENDED COUNCIL ACTION Approval 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 Page 49 of 321 ATTACHMENTS 1. Final Pay & Release of Retainage Page 50 of 321 PAYMENT APPLICATION TO: Modus Engineering 118 East College St Suite 200 Iowa City IA 52240 FROM: Bowker Mechanical Contractors LLC 1000 32nd Ave SW Cedar Rapids IA 52404 PROJECT NAME AND LOCATION: ARCHITECT: City of Waterloo- Center of the Arts Youth Pavilion Ph 2 Boiler Replacement 225 Commercial St Waterloo IA 50701 Bowker Mechanical Contractors 1000 32nd Ave 5W Cedar Rapids IA 52404 APPLICATION # 8 PERIOD THRU: 11/30/2023 Owner Project #: DATE OF CONTRACT: 12/5/2022 Bowker Project #: 22M0617 Distribution to: OWNER ARCHITECT CONTRACTOR CONTRACTOR'S SUMMARY OF WORK Application is made for payment as shown below, Continuation Page is attached 1. CONTRACT AMOUNT 2. SUM OF ALL CHANGE ORDERS 3, CURRENT CONTRACT AMOUNT (Line 1 + 2) 4, TOTAL COMPLETED AND STORED (Column G on Continuation Page) 5. RETAINAGE: A. 5% Of Completed Work (Columns D+ E on Continuation Page) B. 5% of Material Stored (Colum F on Continuation Page) Total Retainage (Line 5a + 5b or Column I on Continuation Page) 6. TOTAL COMPLETED AND STORED LESS RETAINAGE: (Line 4 minus Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT: 8. CURRENT PAYMENT DUE: 9. BALANCE TO FINISH: Line 3 - Line 6 0.00 0.00 0.00 Contractor's signature below Is his assurance to Owner, concerning the payment herein applied for, that: (1) the Work has been performed as required in the Contract Documents, (2) all sums previously paid to Contractor under the Contract have been used to pay Contractor's costs for labor, materials and other obligations under the Contract for Work previously paid for, and (3) 145,000.00 Contractor is legalt -nutted to this payment, 5,000.00- CONTRA O: : ' esker Mechanical Contractors 140,000.00 BY: 140,090.00 State of: 0.00 140,000.00 137,750.00 2,250.00 SUMMARY OF CHANGE ORDERS ADDITIONS DEDUCTIONS Total changes approved in previous months 0,00 -5000.00 Total approved this month TOTALS NET CHANGE S 0.00 County of: Subscribed and Notary Public: My Comm pires: Date: af p h C. r day of (A --- A ARCHITECT'S CERTIFICATION BARBARA WALL { c� Commission Number 198819 My Commission Expires October 8, 2025 Architect's signature below is his assurance to Owner, concerning the payment herein applied for, that: (1) Architect has inspected the Work represented by this Application, (2) such Work has been completed to the extent indicated in this Application, and the quality of workmanship and materials conforms with the Contract Documents, (3) this Application for Payment accurately states the amount of Work completed and payment due therefor, and (4) Architect knows of no reason why payment should not be made. CERTIFIED AMOUNT: 2,250.00 (If the certified amount is different from the payment due, you should attach an explanation. Initial all the figures that changed to match the certified amount.) 0.00 ARCHITE 1 Bow •chanical Contractors 0.00 5,000,00- -5000.00 BY: Date: 12/06/2023 Neither this Application nor payment applied for herein is assignable or negotiable. Payment shall be made only to Contractor, and Is without prejudice to any rights of Owner or Contractor under the Contract Documents or otherwise, Page 51 of 321 Customer: Modes Engineering Protect: City of Waterloo- Center of the Arts Application Number: 8 For Period Ending: 11/30/2023 - �' ?T.dN' Tp.�',✓y_..'i ,'"",:✓^`"5 -` y"wr �..r�^ _''",. �, r , �. r G�„^a „-^'. h.! ,a„ ,. ^�y r- _ ,vim:'`" .* '_ 7 w"Kl..: �h. - llno►I iRuC ,.�. ^+J,/ Gn,'s=�«��,.;.,) fitt ?,.1 ? ^a"'�- .J.-.',rcy •`.-; ' %"` a F„..-,r,X^�µy -yY, . `"''" `"'" s �1►0 �? :'mod ^,�.0 s"." 1 eta � a 's ?.t"" :,.. „''. vMv. „h ts's,✓,-n N':w^"y.'. .,-.:..-,.-:� -,:✓^ >." '" , "=edsr'. 40.11J±l rPt►eT. i _� _ .. ,Wv ; 1►► I A11 VO 01 MobIllaation/General Conditions 15,000.00 15000.00 0.00 0.00 15000.00 100.00 0.00 0.00 02 Demolition 2,600.00 2600.00 0.00 0.00 2600.00 100.00 0.00 0.00 03 Mechanical Piping )8,000,00 18000.00 0.00 0.00 18000.00 100.00 0.00 0.00 04 Mechanical Equipment 65,000.00 65000.00 0.00 0,00 65000.00 100.00 0.00 0,00 05 Insulation 5,200,00 5700.00 0.00 0.00 5700.00 100.00 0,00 0.00 06 HVAC Ductwork 27,000.00 27000.00 0.00 0.00 27000,00 100.00 0.00 0.00 07 Fire Protection 2,900.00 2900.00 0.00 0 00 2900.00 100.00 0.00 0.00 08 Electrical 3,800.00 3800.00 0.00 0.00 3000.00 100.00 0.00 0.00 09 General Construction 5,000.00 5000.00 0.00 0,00 5000.00 100.00 0.00 0.00 10 Allowances 5,000.00- 0.00 5,000.00- 0.00 -5000.00 100.00 0.00 0.00 TOTAL: 140,000.00 145,000.00 5,000.00- 0.00 140000.00 100.00 0.00 0.00 Page 52 of 321 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Motion approving Change Order No. 10 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $7,428.85, in conjunction with the FY 2022 Sullivan Brothers Plaza Renovation, Contract No.1069, 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. Cont 1069 CO 3 Page 53 of 321 Page 54 of 321 AIA Document G701® - 2017 Change Order PROJECT: (Name and address) City of Waterloo Sullivan Brothers Plaza Renovation, Waterloo, IA. OWNER: (Name and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 CONTRACT INFORMATION: Contract For: General Construction Project No: 21-25083 Date: February 24, 2022 ARCHITECT: (Name and address) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 CHANGE ORDER INFORMATION: Change Order Number: 010R1 Date: November 17, 2023 CONTRACTOR: (Name and address) Vieth Construction Corporation 6419 Nordic Drive Cedar Falls, IA 50613 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) Additional 4" topping slab and wire mesh, additional landscaping and additional electrical - ADD $7,428.85 The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be unchanged 1,692,500.00 $ 89,214.96 $ 7,428.85 1,789,143.81 1,781,714.96 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. I & S Group, Inc. (ISG) ALIT CT (Firm name) SIGNATURE Vieth Construction Corporation City of Waterloo CONTRACTOR (Firm names C SIGNATURE Nathan Compton, Architect/Project Tony Vieth, President Manager PRINTED NAME AND TITLE November 17, 2023 DATE PRINTED NA E AND TITLE DATE OWNER (Firm name) SIGNATURE Quentin Hart, Mayor PRINTED NAME AND TITLE DATE AIA Document G701 — 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 16:03:03 ET on 11/17/2023 under Order No.3104238596 which expires on 05/15/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA48) 1 Page 55 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Chad Coon, General Manager Water Works Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Motion to receive and place on file the 2022 Audit of the Waterloo Water Works. RECOMMENDED COUNCIL ACTION Motion to receive and place on file the 2022 Audit of the Waterloo Water Works. SUMMARY STATEMENT AND BACKGROUND INFORMATION The 2022 Audit of the Waterloo Water Works was received and filed by the Water Works' Board of Trustees at their regular meeting September 20, 2023. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES No city funds are required for this action. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 2022 Waterloo Water Works Audit Page 56 of 321 WATERLOO WATER WORKS WATERLOO, IOWA DECEMBER 31, 2022 Page 57 of 321 Table of Contents Officials 1 Independent Auditor's Report 2-4 Management's Discussion and Analysis 5-8 Financial Statements Statements of Net Position 10 Statements of Revenue, Expenses and Changes in Net Position 11 Statements of Cash Flows 12 Statement of Fiduciary Net Position - Pension Trust Fund 13 Statement of Changes in Fiduciary Net Position - Pension Trust Fund 14 Notes to the Financial Statements 15-29 Required Supplementary Information Schedule of Contributions - Waterloo Water Works Pension Plan 30 Schedule of Changes in Net Pension (Asset) Liability and Related Ratios - Waterloo Water Works Pension Plan 31 Notes to Required Supplementary Information - Pension Liability - Waterloo Water Works Pension Plan 32 Schedule of Proportionate Share of the Net Pension Liability - Iowa Public Employees' Retirement System 33 Schedule of Contributions - Iowa Public Employees' Retirement System 34 Notes to Required Supplementary Information - Pension Liability - Iowa Public Employees' Retirement System 35 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards 36-37 Schedule of Findings 38-39 Page 58 of 321 Officials Name Title Term Expires Mary Potter Chair - Board of Trustees January 12, 2028 Scott Wienands Vice -Chair - Board of Trustees February 3, 2026 Thomas Wall Trustee January 12, 2024 Chad Coon Secretary, Treasurer and General Manager Indefinite Rick Wilberding Assistant General Manager Indefinite Carla Manahl Assistant Treasurer and Office Manager Indefinite 1 Page 59 of 321 HOGAN• HANSEN A Professional Corporation Certified Public Accountants and Consultants Independent Auditor's Report Board of Trustees Waterloo Water Works Waterloo, Iowa Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the Waterloo Water Works, a component unit of the City of Waterloo, Iowa, as of and for the years ended December 31, 2022 and 2021, and the related notes to the financial statements, which collectively comprise the Waterloo Water Works' basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the Waterloo Water Works, as of December 31, 2022 and 2021, and the respective changes in financial position and cash flows thereof for the years then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Waterloo Water Works and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audits. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Waterloo Water Works' ability to continue as a going concern for 12 months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. 3128 Brockway Road, Waterloo, IA 50701-5103 • (319) 233-5225 • Fax (319) 233-3188 • E-Mail w@hoganhansen.com Member of American Institute of CPAs - Iowa Society of CPAs Ames • Ankeny • Cedar Rapids • Mason City • Waterloo 2 Page 60 of 321 Board of Trustees Waterloo Water Works Page 2 Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Waterloo Water Works' internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Waterloo Water Works' ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings and certain internal control -related matters that we identified during the audit. Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis, the schedule of contributions - Waterloo Water Works Pension Plan, the schedule of changes in net pension liability and related ratios - Waterloo Water Works Pension Plan, the schedule of the proportionate share of the net pension liability - Iowa Public Employees' Retirement System and the schedule of contributions - Iowa Public Employees' Retirement System on pages 5 through 8 and 30 through 35 be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We 3 Page 61 of 321 Board of Trustees Waterloo Water Works Page 3 have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated August 28, 2023, on our consideration of the Waterloo Water Works' internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Waterloo Water Works' internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Waterloo Water Works' internal control over financial reporting and compliance. 460 -. Ala 0 HOGAN - HANSEN Waterloo, Iowa August 28, 2023 4 Page 62 of 321 Waterloo Water Works Management's Discussion and Analysis December 31, 2022 The Waterloo Water Works' (Utility) discussion and analysis is designed to offer readers of the Utility's financial statements a narrative overview and analysis of the financial activities of the Utility for the years ended December 31, 2022 and 2021. Readers are encouraged to read the Management's Discussion and Analysis in conjunction with the Utility's financial statements, which begin on page 9. Financial Highlights The Utility implemented Governmental Accounting Standards Board Statement (GASBS) No. 87, Leases, in 2022. The implementation of this standard revised certain accounts related to leases, however, had no effect on beginning net position. The Utility's assets exceeded its liabilities by approximately $61 million as of December 31, 2022. Of this amount, approximately $23 million may be used to meet ongoing obligations to the citizens and creditors. The remaining net assets are invested in capital assets. The operating revenue of the Utility exceeded operating expenses by approximately $3.9 million and $5.3 million for the years ended December 31, 2022 and 2021, respectively. As of December 31, 2022, the Utility's current assets of approximately $26 million exceeded total current liabilities by approximately $24 million. This excess is available for spending at the Utility's discretion. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the Utility's basic financial statements. The Utility is a single purpose component unit of the City of Waterloo, Iowa (City). The Utility provides water to its customers at rates designed to recover the cost of providing the water, including costs associated with installation and maintenance of water pumping, storage and transmission systems. As a result, the Utility prepares financial statements as a single enterprise fund in a manner similar to a private - sector business. The statements of net position present information on all of the Utility's assets and liabilities, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the Utility is improving or deteriorating. The statements of revenue, expenses and changes in net position present information showing how the Utility's net position changed during the year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of the related cash flows. Thus, revenue and expenses are reported in this statement for some transactions that will result in cash flows in the following year. The statements of cash flows present information showing major sources and uses of cash by four types of activities. The activities are operating; noncapital financing; capital and related financing; and investing. Also included is a schedule which reconciles income from operations to net cash provided by operating activities. Fiduciary funds are used to report assets held in a trust or custodial capacity for others which cannot be used to support the Utility's own programs. The fiduciary fund accounts for the pension trust fund. 5 Page 63 of 321 The required financial statements for fiduciary funds include a statement of fiduciary net position and a statement of changes in fiduciary net position. The basic financial statements can be found on pages 9 through 13 of this report. The notes to the financial statements provide additional information that is essential to a full understanding of the data provided in the basic financial statements. Notes are considered to be an integral part of financial statements prepared in accordance with generally accepted accounting principles. The notes to the financial statements can be found on pages 14 through 29 of this report. Financial Analysis As noted earlier, net position may serve over time as a useful indicator of an entity's financial position. The Utility's assets exceeded its liabilities by $60.5 million and $56.4 million on December 31, 2022 and 2021, respectively. The following is a summary of the composition of net position as of December 31: 2022 2021 Current assets $ 26,723,817 $ 24,455,229 Noncurrent, noncapital assets 2,437,916 771,412 Capital assets, net of accumulated depreciation 37,281,411 35,507,369 Total Assets 66,443,144 60,734,010 Deferred Outflows of Resources 2,131,186 193,268 Total Assets and Deferred Outflows of Resources .... $ 68,574,330 $ 60,927,278 Current liabilities $ 2,261,713 $ 1,991,359 Liabilities payable from restricted assets 190,248 204,593 Noncurrent liabilities 2,444,263 29,161 Total Liabilities 4,896,224 2,225,113 Deferred Inflows of Resources 3,146,219 2,303,620 Net Position Net investment in capital assets 37,281,411 35,507,369 Unrestricted 23,250,476 20,891,176 Total Net Position 60,531,887 56,398,545 Total Liabilities, Deferred Inflows of Resources and Net Position $ 68,574,330 $ 60,927,278 Net investment in capital assets is by far the largest portion of the Utility's net position, 61.6% as of December 31, 2022, and reflect its net investment in capital assets (e.g., land, buildings, improvements, machinery, equipment, meters and water supply system). The Utility uses these capital assets to provide water and services to the citizens; consequently, these assets are not available for future spending. Unrestricted component of net position may be used to meet the Utility's ongoing obligations to citizens and creditors. It is the Utility's intention to use these assets for future operating purposes and capital asset acquisition and improvements. As of both December 31, 2022 and 2021, the Utility reported positive balances in both categories of net position. 6 Page 64 of 321 Governmental activities. Since the Utility is a single purpose enterprise, it has no activities classified as "governmental". The following is a summary of the changes in net position for the years ended December 31: 2022 2021 Operating revenue $ 12,018,617 $ 12,373,045 Operating expenses 8,148,890 7,066,868 Operating Income 3,869,727 5,306,177 Net nonoperating revenue 615,543 251,254 Capital contributions 59,889 30,304 Transfers to City of Waterloo (411,817) (428,398) Change in Net Position 4,133,342 5,159,337 Net Position - Beginning of Year 56,398,545 51,239,208 Net Position - End of Year $ 60,531,887 $ 56,398,545 Operating revenue is the Utility's primary source of revenue and is generated from water sales and other services to customers. For 2022, operating revenue decreased $354,428 from 2021 due primarily to a decrease in the number of gallons pumped during the year. Operating expenses totaled $8,148,890 for 2022, a $1,082,022 increase from 2021 due primarily to increases in salaries and benefits and higher commodities cost. Operating expenses included depreciation expense of $1,395,447 and $1,236,663 for the years ended December 31, 2022 and 2021, respectively. Net nonoperating revenue includes interest income, gain on disposal of assets and rent from leasing space for billboards and antennas. Net nonoperating revenue increased by $364,289 between 2022 and 2021 due primarily to higher interest rates received on deposits with financial institutions. Rent income totaled $276,886 and $184,990 for the years ended December 31, 2022 and 2021, respectively. Capital contributions totaled $59,889 and $30,304 for the years ended December 31, 2022 and 2021, respectively. These contributions are received as "front footage" fees as property is developed with resulting taps into the Utility's water distribution system and from private parties installing water main infrastructure in new developments. Transfers to City of Waterloo of $411,817 and $428,398 for the years ended December 31, 2022 and 2021, respectively, are equal to the value of metered water provided to the City at no charge. Operating revenue includes an amount equal to the transfer. The Utility also provides unmetered water to the City at no charge. However, no reasonable estimate of the value of the unmetered water can be made. Therefore, the value of unmetered water is not included in the financial statements. Budgetary Highlights Each year, the Board of Trustees adopts a budget using the modified cash basis of accounting which differs from the accrual basis of accounting used for the accompanying financial statements. The Utility's original budget was not amended during either of the years ended December 31, 2022 or 2021. Actual cash disbursements were approximately $5.1 million less than budgeted due to capital projects being delayed in 2022 for various reasons. 7 Page 65 of 321 Capital Assets The Utility's investment in capital assets amounted to approximately $37.2 million and $35.5 million as of December 31, 2022 and 2021, respectively, (net of accumulated depreciation of approximately $17.7 million and $16.3 million as of December 31, 2022 and 2021, respectively). This investment in capital assets includes land; buildings and improvements; water supply and distribution systems; meters; machinery; and equipment. Major capital asset construction and acquisition during 2022 included the following: • Installation of water mains. • Purchase of four vehicles. Street reconstruction projects. Completion of the Leversee and Dunkerton Road water main extension. Exterior overcoats of the University Avenue and Linden Avenue water tanks. • Completion of Highway 20 water main crossing relocation at Kimball and 4th Street. The following is a summary of the capital assets, at cost, as of December 31: 2022 2021 Land $ 472,362 $ 472,362 Buildings and improvements 2,286,237 2,279,437 Water supply system 8,428,004 7,448,549 Distribution system 32,591,188 30,676,294 Meters and equipment 1,242,713 1,242,713 Machinery and equipment 4,563,717 4,182,254 Construction in progress 5,442,216 5,555,339 Total $ 55.026,437 $ 51,856,948 Additional information about the Utility's capital assets can be found in Note 6 to the financial statements. Economic Factors and Next Year's Budget and Rates The Utility's primary source of revenue is water sales. Water rates were increased January 1, 2022. Operating expense for 2023 is expected to increase over the same expenditures in 2022 due to payroll step increases for employees, insurance premium increases, contributions to the pension plan and other operating expense increases. Capital expenditures are expected to be approximately $9.9 million. 8 Page 66 of 321 Financial Statements Page 67 of 321 Statements of Net Position As of December 31, 2022 and 2021 2022 2021 Assets and Deferred Outflows of Resources Current Assets Cash and cash equivalents $ 23,216,451 $ 21,453,008 Certificates of deposit 545,755 549,750 Receivables Trade accounts (net of allowance for doubtful accounts 2022 - $327,543; 2021 - $266,368) 2,025,025 1,923,550 Accrued interest 290 5,401 Operating lease 129,080 — Inventories 610,257 376,262 Prepaid expenses 196,959 147,258 Total Current Assets 26,723,817 24,455,229 Noncurrent Assets Restricted investments 190,248 204,593 Repair assessments receivable 333,526 253,900 Operating lease receivable 1,914,142 Net pension asset - stand-alone plan — 312,919 Subtotal 2,437,916 771,412 Capital Assets Land 472,362 472,362 Buildings and improvements 2,286,237 2,279,437 Water supply system 8,428,004 7,448,549 Distribution system 32,591,188 30,676,294 Meters and equipment 1,242,713 1,242,713 Machinery and equipment 4,563,717 4,182,254 Construction in progress 5,442,216 5,555,339 Total Capital Assets 55,026,437 51,856,948 Less accumulated depreciation (17,745,026) (16,349,579) Net Capital Assets 37,281,411 35,507,369 Total Assets Deferred Outflows of Resources Pension -related deferred outflows 66,443,144 60,734,010 2,131,186 193,268 Total Assets and Deferred Outflows of Resources $ 68,574,330 $ 60,927.278 See accompanying notes to the financial statements. Page 68 of 321 2022 2021 Liabilities, Deferred Inflows of Resources and Net Position Current Liabilities Accounts payable $ 254,969 $ 233,731 Retainage payable 134,080 51,212 Salary and benefits payable 139,541 105,550 Compensated absences 78,272 69,902 Due to City of Waterloo Garbage fees 357,390 322,721 Sewer fees 839,132 784,932 Storm water fees 214,427 200,389 Yard waste fees 187,836 173,189 Due to other governments 56,066 49,733 Total Current Liabilities 2,261,713 1,991,359 Liabilities Payable From Restricted Assets 190,248 204,593 Noncurrent Liabilities Net pension liability 2,444,263 29,161 Total Liabilities 4,896,224 2,225,113 Deferred Inflows of Resources Pension -related deferred inflows 1,154,351 2,303,620 Operating lease -related deferred inflows 1,991,868 — Total Deferred Inflows of Resources 3,146,219 2,303,620 Net Position Net investment in capital assets 37,281,411 35,507,369 Unrestricted 23,250,476 20,891,176 Total Net Position 60,531,887 56,398,545 Total Liabilities, Deferred Inflows of Resources and Net Position $ 68,574,330 $ 60,927,278 9 Page 69 of 321 Statements of Revenue, Expenses and Changes in Net Position Years Ended December 31, 2022 and 2021 2022 2021 Operating Revenue Water sales $ 10,511,759 $ 10,872,199 Metered water provided to the City of Waterloo 411,817 428,398 Fire protection 92,296 93,595 Billing and collection fees 267,923 266,180 Other sales and service 734,822 712,673 Total Operating Revenue 12,018,617 12,373,045 Operating Expenses Salaries and benefits 3,826,906 3,311,496 Contractual services 896,681 925,199 Commodities 2,029,856 1,593,510 Depreciation 1,395,447 1,236,663 Total Operating Expenses 8,148,890 7,066,868 Operating Income 3,869,727 5,306,177 Nonoperating Revenue Interest income 338,657 59,664 Billboard and antenna rent 276,886 184,990 Gain on disposal of assets — 6,600 Total Nonoperating Revenue 615,543 251,254 Change in Net Position Before Contributions and Transfers 4,485,270 5,557,431 Capital contributions 59,889 30,304 Transfers to City of Waterloo (411,817) (428,398) Change in Net Position 4,133,342 5,159,337 Net Position - Beginning of Year 56,398,545 51,239,208 Net Position - End of Year $ 60,531,887 $ 56,398,545 See accompanying notes to the financial statements. 10 Page 70 of 321 Statements of Cash Flows Years Ended December 31, 2022 and 2021 Cash Flows From Operating Activities Cash received from customers Cash collected on behalf of primary government Cash collected on behalf of other governments Cash paid to primary government (less 1 % collection fee) Cash paid to other governments (less collection fee) Cash paid to or on behalf of employees Cash paid to suppliers Net Cash Provided by Operating Activities Cash Flows From Noncapital Financing Activities Billboard and antenna rent Cash Flows From Capital and Related Financing Activities Contributed capital Acquisition of capital assets Proceeds from sale of capital assets Net Cash Used in Capital and Related Financing Activities Cash Flows From Investing Activities Proceeds from the maturities of certificates of deposit Purchase of certificates of deposit Interest received on savings and certificates of deposit Net Cash Provided by Investing Activities Net Increase in Cash Cash and Cash Equivalents - Beginning of Year Cash and Cash Equivalents - End of Year Reconciliation of Operating Income to Net Cash Provided by Operating Activities Operating income Adjustments to Reconcile Operating Income to Net Cash Provided by Operating Activities Depreciation Water provided to the City of Waterloo, not billed Change in Assets and Liabilities Increase in trade accounts, accrued interest and repair assessments receivable Increase in lease receivable Increase in prepaid expenses Increase in inventory (Increase) decrease in net pension asset (Increase) decrease in pension -related deferred outflows Increase in accounts payable and retainage payable Increase in accrued employee compensation Increase (decrease) in due to other governments and liabilities payable from restricted assets Increase (decrease) in net pension liability Increase (decrease) in pension -related deferred inflows Increase in lease -related deferred inflows Net Cash Provided by Operating Activities Supplemental Disclosures of Noncash Capital and Related Financing Activities Capital Assets Included in Accounts Payable 2022 $ 11,188,766 18,841,118 431,698 (18,537,984) (425,366) (4,143,711) (3,124,735) 4,229,786 276,886 59,889 (3,165,226) (3,105,337) 412,489 (394,149) 343,768 362,108 1,763,443 21,453,008 $ 23,216,451 2021 $ 11,665,419 18,111,710 317,455 (18,015,132) (308,694) (3,957,803) (2,509,971) 5,302,984 184,990 30,304 (3,385,299) 6,600 (3,348,395) 588,128 (591,438) 68,499 65,189 2,204,768 19,248,240 $ 21,453,008 $ 3,869,727 $ 1,395,447 (411,817) (181,101) (2,043,222) (49,701) (233,995) 312,919 (1,937,918) 99,843 42,361 109,542 2,415,102 (1,149,269) 1,991,868 $ 4,229,786 5,306,177 1,236,663 (428,398) (99,105) (10,004) (31,261) (312,919) 279,992 48,038 17,123 (72,819) (1,870,276) 1,239,773 $ 5,302,984 $ 81,225 $ 76,962 See accompanying notes to the financial statements. 11 Page 71 of 321 Statement of Fiduciary Net Position - Pension Trust Fund As of December 31, 2022 Pension Trust Fund Assets Cash, cash equivalents and pooled investments $ 7,846,277 Net Position Restricted for pensions $ 7,846,277 See accompanying notes to the financial statements. 12 Page 72 of 321 Statement of Changes in Fiduciary Net Position - Pension Trust Fund Year Ended December 31, 2022 Additions Contributions $ 439,670 Net investment income (1,522,958) Total Additions (1,083,288) Deductions Benefit payments 702,668 Change in Net Position (1,785,956) Net Position - Beginning of Year 9,632,233 Net Position - End of Year $ 7,846,277 See accompanying notes to the financial statements. 13 Page 73 of 321 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters Reporting Entity The Waterloo Water Works (Utility) is a municipal utility that is a political subdivision and component unit of the City of Waterloo, Iowa. The Utility provides water to customers in the cities of Waterloo, Elk Run Heights, Hudson, Raymond and adjacent areas of Black Hawk County. The Utility's rates are set by its governing board. The Waterloo Water Works Board of Trustees has oversight responsibility for all water pumping and distribution to Waterloo and surrounding areas. All activities with which the Board has oversight responsibility are included in the financial statements. Measurement Focus and Basis of Accounting The Utility is accounted for on the flow of economic resources measurement focus and uses the accrual basis of accounting. Under this method, revenue is recorded when earned and expenses are recorded when incurred. All Financial Accounting Standards Board (FASB) pronouncements are applied in accounting and reporting for its proprietary operations unless they are contradicted with pronouncements issued by the Governmental Accounting Standards Board (GASB). Use of Estimates Management uses estimates and assumptions in preparing financial statements. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities and the reported revenue and expenses. Trade Accounts Receivable Water sales are billed monthly or quarterly, depending upon the quantity of water used or if requested by the customer. Accordingly, water sales are billed monthly to the larger commercial accounts and certain multi -family residential customers, while most residential customers are billed quarterly. Water sales are estimated for the period from the previous billing to year end and are included in revenue and trade accounts receivable. Unbilled revenue included in trade accounts receivable as of December 31, 2022 and 2021 was $1,004,992 and $976,420, respectively. The allowance for doubtful accounts included in trade accounts receivable as of December 31, 2022 and 2021 was $327,543 and $266,368, respectively. Utility as Lessor The Utility is a lessor of noncancellable leases for space on Utility water towers. The Utility recognizes a lease receivable and a deferred inflow of resources in the financial statements. At the commencement of a lease, the Utility initially measures the lease receivable at the present value of payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by the principal portion of lease payments received. The deferred inflow of resources is initially measured as the initial amount of the lease receivable, adjusted for lease payments received at or before the lease commencement date. Subsequently, the deferred inflow of resources is recognized as revenue over the life of the lease term. Key estimates and judgements include how the Utility determines the discount rate it uses to discount the expected lease receipts to present value, lease term and lease receipts. The Utility uses its estimated incremental borrowing rate as the discount rate for leases. The lease term includes the noncancellable period of the lease. Lease receipts included in the measurement of the lease receivable is composed of fixed payments from the lessee. 14 Page 74 of 321 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters The Utility monitors changes in circumstances that would require a remeasurement of its lease and will remeasure the lease receivable and deferred inflows of resources if certain changes occur that are expected to significantly affect the amount of the lease receivable. Inventories Inventories consist of pipes, valves, fire hydrants and meters and were stated at average cost for 2021. During 2022, the Utility changed its method of accounting for inventory from average cost to most recent cost. The difference was not material to the Utility's financial statements. Budgeting The Utility is required to prepare a budget each year and submit it, subject to review by the City of Waterloo, to the State of Iowa. The Utility prepares its budget using the cash basis of accounting modified by reducing cash balances and receipts and disbursements by amounts held on behalf of the City of Waterloo and customer deposits. The Utility's 2022 and 2021 budget and comparison to cash basis activity is as follows: 2022 2021 Business -Type Activity - Water Actual disbursements $ 10,901,808 $ 10,391,710 Budgeted disbursements 16,047,250 14,563,750 Actual Disbursements Under Budget $ (5,145,442) $ (4,172,040) Capital Assets Capital assets consist of assets in service and assets not in service consisting of land, construction in progress and other items which will generally be converted to capital assets. Capital assets are recorded at cost with depreciation computed under the straight-line method over useful lives as follows: Type Estimated Useful Lives Buildings and improvements 10 - 99 Years Water supply system 10 - 99 Years Distribution system 10 - 99 Years Meters and equipment 5 - 63 Years Machinery and equipment 5 - 50 Years Depreciation expense for the years ended December 31, 2022 and 2021 was $1,395,447 and $1,236,663, respectively. Major outlays for capital assets and improvements are capitalized as "in process" while projects are constructed and transferred to capital assets upon completion. Interest incurred on construction debt during the construction phase of capital assets is reflected in the capitalized value of the asset constructed, net of interest earned on the invested proceeds over the same period. 15 Page 75 of 321 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters Deferred Outflows of Resources Deferred outflows of resources represent a consumption of net position that applies to a future period(s) and will not be recognized as an outflow of resources (expense) until then. Deferred outflows of resources consist of unrecognized items not yet charged to pension expense and contributions from the Utility after the measurement date but before the end of the Utility's reporting period. Pensions For purposes of measuring the net pension asset or liability, deferred outflows of resources and deferred inflows of resources related to pensions and pension expense, information about the fiduciary net position of the Iowa Public Employees' Retirement System (IPERS) and Waterloo Water Works Pension Plan and additions to/deductions from fiduciary net position have been determined on the same basis as they are reported by the pension plans. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. Deferred Inflows of Resources Deferred inflows of resources represent an acquisition of net position that applies to a future period(s) and will not be recognized as an inflow of resources (revenue) until that time. Deferred inflows of resources consist of unrecognized items not yet included in pension expense and rent income. Operating Revenue The Utility defines operating revenue as revenue derived from the sale of water and from the collection of garbage, sewer and storm water fees for the City of Waterloo and other governments. Nonoperating revenue is defined as anything other than revenue from the sale of water and from the collection of fees for the City of Waterloo and other governments. Adoption of New Accounting Pronouncement In February, 2016, the FASB issued Accounting Standards Update (ASU) 2016-02, Leases (Topic 842), which supersedes existing guidance for accounting for leases under Topic 840, Leases. The objective of this ASU, along with several related ASUs issued subsequently, is to increase transparency and comparability between entities that enter into lease agreements. For lessors, the most significant change from the previous guidance (Topic 840) is the requirement to recognize lease receivables and deferred inflows for leases classified as operating leases. The standard also requires disclosures to meet the objective of enabling users of financial statements to assess the amount, timing and uncertainty of cash flows arising from leases. The Utility adopted the new guidance effective January 1, 2022. For leases existing at the transition date, the Utility applied two transition practical expedients and therefore did not reassess whether an arrangement is or contains a lease and did not reassess what qualifies as an initial direct cost. The Utility applied the practical expedient to use hindsight for the purpose of determining the lease term. If a lease includes an extension, termination or purchase option, the Utility has considered the changes in facts and circumstances from the initial lease commencement date through the transition date to determine if the changes in facts and circumstances require a change to the initial lease term. 16 Page 76 of 321 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters As part of the transition to Topic 842, the Utility used the retrospective approach to measure and recognize leases that existed as of January 1, 2022. The Utility elected to apply Topic 842 retrospectively at the beginning of the period of adoption through a cumulative effect adjustment as of January 1, 2022. The adoption of the new guidance resulted in the recognition of operating lease receivables, net of paid lease payments and incentives, of $2,183,587 and operating lease deferred inflows of $2,183,587 with no cumulative effect on retained earnings as of January 1, 2022. Subsequent Events Management has evaluated subsequent events through August 28, 2023, the date which the financial statements were available to be issued. (2) Cash Flow Statement Supplementary Information For purposes of the statements of cash flows, the Utility considers all highly liquid debt instruments purchased with original maturities of less than three months to be cash equivalents. 2022 2021 Schedule of Noncash Investing and Financing Activities Cost of property and equipment $ 3,169,489 $ 3,453,645 Amounts payable - current year (81,225) (76,962) - prior year 76,962 8,616 Cash Paid for Property and Equipment $ 3,165,226 $ 3,385,299 (3) Deposits and Investments The Utility's deposits in banks and credit unions as of December 31, 2022 and 2021 are entirely covered by federal depository insurance, by the State Sinking Fund or are collateralized either with securities held by the Utility or by nontransferable letters of credit in accordance with Chapter 12C of the Code of Iowa. This chapter provides for additional assessments against the depositories to insure there will be no loss of public funds. The Utility is authorized by statute to invest public funds in obligations of the United States Government, its agencies and instrumentalities; certificates of deposit or other evidences of deposit at federally insured depository institutions approved by the Board of Trustees and the Treasurer of the State of Iowa; prime eligible bankers acceptances; certain high -rated commercial paper; perfected repurchase agreements; certain registered open-end management investment companies; certain joint investment trusts; and warrants or improvement certificates of a drainage district. The Utility's certificates of deposit are stated at cost which approximates fair value. Certificates of deposit are purchased with maturities of 12 to 41 months and yields of 0.75% to 2.00%. Certain certificates of deposit are restricted to secure customer deposits. Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The Utility does not have a formal investment policy for credit risk. 17 Page 77 of 321 Notes to the Financial Statements (3) Deposits and Investments For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty, the Utility will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. As of December 31, 2022, all investments and collateral were listed in the name of the Utility. The Utility does not have a formal investment policy for custodial credit risk. Iowa Public Agency Investment Trust (IPAIT) is an external investment pool that is managed to maintain a dollar -weighted average portfolio maturity of no greater than 397 days and seeks to maintain a constant net asset value (NAV) per share of $1. The Pool elects to measure its investments at amortized cost in accordance with accounting statements issued by the GASB. The Utility's investment in IPAIT is unrated. Management reports the IPAIT investment as a cash equivalent in the accompanying statements of net position. The Utility reports its investments in the IPAIT at the NAV per share, the fair value established by the IPAIT, and is included in one share class as follows: Net Asset Value As of December 31, 2022 IPAIT Diversified Portfolio $ 1,619,004 As of December 31, 2021 IPAIT Diversified Portfolio $ 1,597,726 The Diversified Portfolio has no redemption requirements. (4) Restricted Assets Restricted assets represent monies set aside to provide security composition of these funds as of December 31, 2022 and 2021 was as 2022 Customer deposits Unfunded Commitments for deposits and advances. The follows: Restricted Corresponding Asset Liability $ 190,248 $ 190,248 2021 Customer deposits $ 204,593 $ 204,593 (5) Operating Lease Receivable The Utility owns several water towers from which it rents space to cellular, radio and telephone communications companies. The Utility receives monthly payments ranging between $651 and $2,886 for the various leases through 2039. The leases have been discounted at a rate of 2.5%. The weighted average remaining lease term is 8.25 years. During the year ended December 31, 2022, the Utility earned principal of $140,366 and interest of $52,989. There were no variable lease payments. 18 Page 78 of 321 Notes to the Financial Statements (5) Operating Lease Receivable The following is a schedule by years of the future principal and interest to be collected: Year Ended December 31, 2023 2024 2025 2026 2027 Later years Balance - End of Year (6) Capital Assets Principal $ 129,080 105,223 114,730 107,644 110,366 1,476,179 $ 2,043,222 Interest Total $ 49,517 $ 178,597 46,685 151,908 43,882 158,612 41,127 148,771 38,405 148,771 228,623 1,704,802 $ 448,239 $ 2,491,461 Capital asset activity for the years ended December 31, 2022 and 2021 was as follows: Balance 12-31-20 Capital Assets Not Being Depreciated Land $ 472,362 $ Construction in progress 3,699,631 Total Capital Assets Not Being Depreciated 4,171,993 Capital Assets Being Depreciated Buildings and improvements 1,799,537 Water supply system 7,448,549 Distribution system 29,711,317 Meters and equip- ment 1,242,713 Machinery and equip- ment 4,071,682 Total Capital Assets Being Depreciated 44,273,798 Less Accumulated Depreciation Buildings and improvements 952,370 Water supply system 4,204,530 Distribution system 6,712,038 Meters and equipment 819,045 Machinery and equip- ment 2,467,421 Total Accumulated Depreciation 15,155,404 Net Capital Assets Being Depreciated 29,118,394 Increase Decrease 3,016,592 1,160,884 3,016,592 1,160,884 479,900 964,977 153,060 42,488 1,597,937 42,488 25,411 213,659 695,401 17,739 284,453 42,488 1,236,663 42,488 361,274 Balance Balance 12-31-21 Increase Decrease 12-31-22 $ 472,362 $ $ $ 472,362 5,555,339 1,938,227 2,051,350 5,442,216 6,027,701 1,938,227 2,051,350 5,914,578 2,279,437 7,448,549 30,676,294 1,242,713 4,182,254 6,800 979,455 1,914,894 381,463 45,829,247 3,282,612 977,781 4,418,189 7,407,439 836,784 57,123 231,017 793,930 17,738 2,709,386 295,639 16, 349, 579 1,395,447 2,286,237 - 8,428,004 - 32,591,188 1,242,713 4,563,717 49,111,859 1,034,904 4,649,206 8,201,369 854,522 3,005,025 - 17,745,026 29,479,668 1,887,165 31,366,833 Net Capital Assets.... $ 33,290,387 $ 3,377,866 $ 1,160,884 $ 35,507,369 $ 3,825,392 $ 2,051,350 $ 37,281,411 19 Page 79 of 321 Notes to the Financial Statements (7) Long -Term Liabilities A summary of changes in long-term liabilities for the year ended December 31, 2022 is as follows: Balance Beginning Balance Due Within of Year Additions Reductions End of Year One Year Net Pension Liability $ 29,161 $ 2,415,102 $ 2,444,263 (8) Compensated Absences The Utility's employees accumulate vacation days during the year based on the anniversary date of their employment. As of December 31, 2022 and 2021, $78,272 and $69,902, respectively, was accrued for unused vacation days. The Utility has a sick time policy for all employees. Under this plan, employees earn sick time hours during the year up to a maximum which is specified in the plan. At year end, 25% of the current year unused hours, up to a maximum of 14 hours, is paid out in cash and the remaining hours are carried over to the next year; however, those banked hours do not vest. (9) Related Party Transactions The Utility provides customer file maintenance, meter reading, billing and collecting services for the City of Waterloo's (City) Sanitation (Garbage) and Sanitary Sewer Enterprise Funds and keeps 1 % of cash collected as a service fee. During 2022 and 2021, the Utility recorded $185,580 and $180,123, respectively, as City service fees and forwarded approximately $18,538,000 and $18,015,000 during 2022 and 2021, respectively, to the City. As of December 31, 2022 and 2021, the Utility's payables to the City were $1,598,785 and $1,481,230 for garbage, sewer, storm water and yard waste collections, respectively. The Utility pays office expenses (data processing charges, postage and other expenses of the billing cycle) and passes approximately one-half of those costs on to the City. During 2022 and 2021, the Utility received approximately $30,000 and $25,000, respectively, from the City which reduced office expenses. The Utility also provides metered and unmetered water to the City at no charge. Metered water furnished to the City is valued at equivalent sales rates and is included in the financial statements as water sales and transfers to the City. During the years ended December 31, 2022 and 2021, the Utility provided metered water to the City valued at approximately $412,000 and $428,000, respectively. 20 Page 80 of 321 Notes to the Financial Statements (10) Pension Plans The Utility contributes to the Waterloo Water Works Pension Plan (Plan) and IPERS. Waterloo Water Works Pension Plan Plan Description The Waterloo Water Works Pension Plan is a single -employer defined benefit plan administered by the Pension Committee of the Waterloo Water Works (Committee). The Plan provides retirement benefits to plan members and beneficiaries. No new Plan members were allowed after December 31, 2007. The Plan does not issue a stand-alone financial report. The actuarial report on the Plan is held at the Utility's office. The following brief description is provided for general informational purposes only. Refer to the Plan documents for more information. Pension Benefits Retirement benefits are calculated using the highest three consecutive years of pensionable earnings during the last ten years of employment. The accrued benefit is determined to be 60% of average compensation, reduced if years of service is less than 30 years. Normal retirement age is 65. Married members may receive a benefit for life; however, members are required by law to receive a reduced qualified joint and survivor benefit, unless formally elected otherwise. In no event shall pensionable earnings exceed the limitation specified in Section 401(a)(17) of the Internal Revenue Code. Cost -of -living adjustments are provided to members and beneficiaries at the discretion of the Committee. As of December 31, the following members were covered by the Plan: Inactive Plan members and beneficiaries currently receiving benefits Inactive Plan members entitled to but not yet receiving benefits Active Plan members Total Members 2022 2021 39 38 1 1 10 11 50 50 Contributions The contribution requirements of the Plan members and the Utility are established and may be amended by the Utility. Mandatory contributions to the Plan by Plan members are equal to the IPERS rate effective January 1 of the previous year, 6.29% for 2022 and 2021. Prior to 2010, Plan member contributions were not required and the Utility made all the required contributions. Beginning January 1, 2010, Plan members were required to contribute one-third of the full contribution rate of 4.1 % and the Utility paid the rest of the required contribution. Beginning January 1, 2011, Plan members were required to contribute two-thirds of the full contribution rate of 4.3% and beginning January 1, 2012, Plan members were required to contribute all of the mandatory contributions. The Utility's Board of Trustees has approved Utility contributions to the Plan in excess of the amount determined annually by the actuary in an effort to eliminate over time the net pension liability as computed by the actuary. 21 Page 81 of 321 Notes to the Financial Statements (10) Pension Plans Pension Expense, Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions For the years ended December 31, 2022 and 2021, the Utility recognized pension expense of $160,820 and ($164,321), respectively. As of December 31, 2022 and 2021, the Utility reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Deferred Outflows of Inflows of Resources Resources As of December 31, 2022 Differences between expected and actual experience $ $ Changes of assumptions Net difference between projected and actual earnings on Plan investments 1,741,750 1,037,292 $ 1,741,750 $ 1,037,292 As of December 31, 2021 Differences between expected and actual experience $ $ Changes of assumptions Net difference between projected and actual earnings on Plan investments 193,268 1,579,893 $ 193,268 $ 1,579,893 Amounts reported as deferred outflows of resources and deferred inflows of resources will be recognized in pension expense as follows: Year Ending December 31, 2023 $ (107,161) 2024 119,610 2025 256,571 2026 435,438 2027 — Total $ 704,458 Actuarial Assumptions The Utility's net pension (asset) liability was measured as of December 31, 2022 and 2021, and the total pension liability used to calculate the net pension (asset) liability was determined by an actuarial valuation as of those dates. The total pension liability as of December 31, 2022 and 2021 was determined using the following actuarial assumptions, applied to all periods included in the measurement: Rate of inflation Rate of salary increase Long-term investment rate of return 2.50% per annum. 3.00% per annum, including inflation. 7.00% (2022 and 2021), compounded annually, net of investment expense, including inflation. 22 Page 82 of 321 Notes to the Financial Statements (10) Pension Plans The actuarial assumptions used in the December 31, 2022 and 2021 valuations were based on the results of an actuarial experience study for the periods of January 1, 2022 through December 31, 2022 and January 1, 2021 through December 31, 2021, respectively. In addition, mortality rates were based on 2023 and 2022 Dataset Mortality Tables with Scale, as appropriate, respectively. The long-term expected rate of return on Plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These expected future real rates of return are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Best estimates of arithmetic real rates of return for each major asset class included in the Plan's target asset allocation as of December 31, 2022 and 2021 are summarized in the following tables: Asset Class Long -Term Asset Expected Real Allocation Rate of Return 2022 Cash and Fixed Income 28.0% 2.70% Equity Large Cap 60.0 7.20 Equity Mid Cap 0.0 7.70 Equity Small Cap 12.0 7.70 Real Estate 0.0 3.75 Cash 0.0 0.00 Total 100.0% 2021 Cash and Fixed Income 28.0% 2.70% Equity Large Cap 60.0 7.20 Equity Mid Cap 0.0 7.70 Equity Small Cap 12.0 7.70 Real Estate 0.0 3.75 Cash 0.0 0.00 Total 100.0% Discount Rate The discount rate used to measure the total pension liability was 7.00% for each of the years ended December 31, 2022 and 2021. The projection of cash flows used to determine the discount rate assumed that Plan member contributions will be made at the current contribution rate and that contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Professional judgment on future contributions has been applied in those cases where contribution patterns deviate from the actuarially determined rates. Based on those assumptions, the Plan's fiduciary net position was projected to be available to make all projected future benefit payments of current Plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. 23 Page 83 of 321 Notes to the Financial Statements (10) Pension Plans Sensitivity of the Net Pension (Asset) Liability to Changes in the Discount Rate The following presents the net pension (asset) liability calculated using the discount rate of 7.00% (2022 or 2021), as well as what the net pension (asset) liability would be if it were calculated using a discount rate that is one percentage point lower (6.00% - 2022 or 2021) or one percentage point higher (8.00% - 2022 or 2021) than the current rate. 1 % Decrease (6.00%) Discount Rate (7.00%) 1% Increase (8.00%) December 31, 2022 $ 2,336,674 $ 1,538,984 $ 846,884 December 31, 2021 493,562 (312,919) (1,012,101) Changes in Net Pension (Asset) Liability Changes in the Utility's net pension (asset) liability for the years ended December 31, 2022 and 2021 were as follows: Total Pension Plan Fiduciary Net Pension Liability Net Position (Asset) Liability Year Ended December 31, 2022 Balance - Beginning of Year $ 9,319,314 $ 9,632,233 $ (312,919) Changes for the Year Service cost 34,615 34,615 Interest 624,396 624,396 Difference between expected and actual experience 109,603 109,603 Contributions - Utility — 400,000 (400,000) Contributions - member 39,670 (39,670) Net investment income (1,522,959) 1,522,959 Benefit payments, including refunds of employee contributions (702,668) (702,668) Balance - End of Year $ 9,385,260 $ 7,846,276 $ 1,538,984 Year Ended December 31, 2021 Balance - Beginning of Year $ 9,181,837 $ 8,503,074 $ 678,763 Changes for the Year Service cost 49,151 49,151 Interest 618,695 618,695 Difference between expected and actual experience 141,919 141,919 Changes of assumptions 16,840 16,840 Contributions - Utility — 300,000 (300,000) Contributions - member 44,312 (44,312) Net investment income 1,473,975 (1,473,975) Benefit payments, including refunds of employee contributions (689,128) (689,128) Balance - End of Year $ 9,319,314 $ 9,632,233 $ (312,919) 24 Page 84 of 321 Notes to the Financial Statements (10) Pension Plans Payables to the Plan All required Utility contributions and required employee contributions which had been withheld from employee wages were remitted to the Plan by December 31, 2022. IPERS Plan Description IPERS membership is mandatory for employees of the Utility, except for those covered by another retirement system. Employees of the Utility are provided with pensions through a cost -sharing multiple - employer defined benefit pension plan administered by IPERS. IPERS issues a stand-alone financial report which is available to the public by mail at P.O. Box 9117, Des Moines, IA 50306-9117 or at www.ipers.org. IPERS benefits are established under Iowa Code Chapter 97B and the administrative rules thereunder. Chapter 97B and the administrative rules are the official plan documents. The following brief description is provided for general informational purposes only. Refer to the plan documents for more information. Pension Benefits A regular member may retire at normal retirement age and receive monthly benefits without an early -retirement reduction. Normal retirement age is age 65, anytime after reaching age 62 with 20 or more years of covered employment, or when the member's years of service plus the member's age at the last birthday equals or exceeds 88, whichever comes first. (These qualifications must be met on the member's first month of entitlement to benefits.) Members cannot begin receiving retirement benefits before age 55. The formula used to calculate a regular member's monthly IPERS benefit includes: • A multiplier (based on years of service). • The member's highest five-year average salary. (For members with service before June 30, 2012, the highest three-year average salary as of that date will be used if it is greater than the highest five-year average salary.) If a member retires before normal retirement age, the member's monthly retirement benefit will be permanently reduced by an early -retirement reduction. The early -retirement reduction is calculated differently for service earned before and after July 1, 2012. For service earned before July 1, 2012, the reduction is 0.25% for each month that the member receives benefits before the member's earliest normal retirement age. For service earned starting July 1, 2012, the reduction is 0.50% for each month that the member receives benefits before age 65. Generally, once a member selects a benefit option, a monthly benefit is calculated and remains the same for the rest of the member's lifetime. However, to combat the effects of inflation, retirees who began receiving benefits prior to July, 1990 receive a guaranteed dividend with their regular November benefit payments. 25 Page 85 of 321 Notes to the Financial Statements (10) Pension Plans Disability and Death Benefits A vested member who is awarded federal Social Security disability or Railroad Retirement disability benefits is eligible to claim IPERS benefits regardless of age. Disability benefits are not reduced for early retirement. If a member dies before retirement, the member's beneficiary will receive a lifetime annuity or a lump -sum payment equal to the present actuarial value of the member's accrued benefit or calculated with a set formula, whichever is greater. When a member dies after retirement, death benefits depend on the benefit option the member selected at retirement. Contributions Contribution rates are established by IPERS following the annual actuarial valuation, which applies IPERS' Contribution Rate Funding Policy and Actuarial Amortization Method. Statute limits the amount rates can increase or decrease each year to one percentage point. IPERS' Contribution Rate Funding Policy requires that the actuarial contribution rate be determined using the "entry age normal" actuarial cost method and the actuarial assumptions and methods approved by the IPERS Investment Board. The actuarial contribution rate covers normal cost plus the unfunded actuarial liability payment based on a 30-year amortization period. The payment to amortize the unfunded actuarial liability is determined as a level percentage of payroll, based on the Actuarial Amortization Method adopted by the Investment Board. Pursuant to the required rates, regular members contributed 6.29% of covered payroll and the Utility contributed 9.44% of covered payroll for a total rate of 15.73% in fiscal year 2022 and 2021. The Utility's contributions to IPERS for the years ended December 31, 2022 and 2021 were $187,341 and $167,183, respectively. As of December 31, 2022 and 2021, the Utility's liability for its proportionate share of the net pension liability totaled $905,279 and $29,161, respectively. The net pension liability was measured as of June 30, 2022 and 2021, respectively, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of those dates. The Utility's proportion of the net pension liability was based on the Utility's share of contributions to IPERS relative to the contributions of all IPERS participating employers. As of June 30, 2022, the Utility's collective proportion was 0.023961 %, which was an increase of 0.032408% from its proportion measured as of June 30, 2021 of (0.008447)%. For the years ended December 31, 2022 and 2021, the Utility recognized pension expense of ($119,986) and ($199,109), respectively. As of December 31, 2022 and 2021, the Utility reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Deferred Outflows of Inflows of Resources Resources As of December 31, 2022 Differences between expected and actual experience $ 40,131 $ 12,400 Changes of assumptions 768 22 Net difference between projected and actual earnings on IPERS' investments 96,907 Changes in proportion and differences between Utility contributions and proportionate share of contributions 251,090 7,730 Utility contributions subsequent to the measurement date 97,447 — Total $ 389,436 $ 117,059 26 Page 86 of 321 Notes to the Financial Statements (10) Pension Plans Deferred Outflows of Resources Deferred Inflows of Resources As of December 31, 2021 Differences between expected and actual experience $ 22,188 $ 22,278 Changes of assumptions 19,074 Net difference between projected and actual earnings on IPERS' investments 1,056,567 Changes in proportion and differences between Utility contributions and proportionate share of contributions 234,458 12,882 Utility contributions subsequent to the measurement date 92,280 — Total $ 368,000 $ 1,091,727 Deferred outflows of resources related to pensions of $97,447 and $92,280 represent the amount the Utility contributed subsequent to the measurement date and will be recognized as a reduction of the net pension liability in the years ended December 31, 2022 and 2021, respectively. Other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense as follows: Year Ending December 31, 2023 $ (17,128) 2024 2,987 2025 (52,832) 2026 232,371 2027 9,532 Total $ 174,930 There were no nonemployer contributing entities at IPERS. Actuarial Assumptions The total pension liability in the June 30, 2022 actuarial valuation was determined using the following actuarial assumptions, applied to all periods included in the measurement: Rate of inflation (effective June 30, 2017) Rate of salary increase (effective June 30, 2017) Long-term investment rate of return (effective June 30, 2017) Wage growth (effective June 30, 2017) 2.60% per annum. 3.25% to 16.25%, average, including inflation. Rates vary by membership group. 7.00%, compounded annually, net of investment expense, including inflation. 3.25% per annum, based on 2.60% inflation and 0.65% real wage inflation. The actuarial assumptions used in the June 30, 2021 valuation were based on the results of a demographic assumption study dated June 28, 2018. 27 Page 87 of 321 Notes to the Financial Statements (10) Pension Plans Mortality rates used in the 2021 valuation were based on the RP-2014 Employee and Healthy Annuitant Tables with MP-2017 generational adjustments. The long-term expected rate of return on IPERS' investments was determined using a building-block method in which best -estimate ranges of expected future real rates (expected returns, net of investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. The target allocation and best estimates of arithmetic real rates of return for each major asset class are summarized in the following table: Asset Class Long -Term Asset Expected Real Allocation Rate of Return Domestic equity 22.0% 4.43% International equity 17.5 6.01 Global smart beta equity 6.0 5.10 Core plus fixed income 26.0 0.29 Public credit 4.0 2.08 Cash 1.0 (0.25) Private equity 13.0 9.51 Private real assets 7.5 4.63 Private credit 3.0 2.87 Total 100.0% Discount Rate The discount rate used to measure the total pension liability was 7.00%. The projection of cash flows used to determine the discount rate assumed that employee contributions will be made at the contractually required rate and that contributions from the Utility will be made at contractually required rates, actuarially determined. Based on those assumptions, IPERS' fiduciary net position was projected to be available to make all projected future benefit payments of current active and inactive employees. Therefore, the long- term expected rate of return on IPERS' investments was applied to all periods of projected benefit payments to determine the total pension liability. Sensitivity of the Utility's Proportionate Share of the Net Pension Liability to Changes in the Discount Rate The following presents the Utility's proportionate share of the net pension liability calculated using the discount rate of 7.00%, as well as what the Utility's proportionate share of the net pension liability would be if it were calculated using a discount rate that is one percentage point lower (6.00%) or one percentage point higher (8.00%) than the current rate. 1% Decrease Discount Rate 1% Increase (6.00%) (7.00%) (8.00(1/0) December 31, 2022 $ 1,686,643 $ 905,279 $ 216,682 December 31, 2021 1,032,120 29,161 (811,381) 28 Page 88 of 321 Notes to the Financial Statements (10) Pension Plans IPERS' Fiduciary Net Position Detailed information about the IPERS' fiduciary net position is available in the separately issued IPERS financial report which is available on IPERS' website at www.ipers.org. Payables to IPERS As of December 31, 2022 and 2021, the Utility reported payables to IPERS of $23,342 and $20,056, respectively, for legally required Utility contributions and $15,553 and $13,364, respectively, for legally required Utility contributions which had been withheld from employee wages but not yet remitted to IPERS. (11) Risk Management The Utility is exposed to various risks of loss related to torts; theft, damage to and destruction of assets; errors and omissions; injuries to employees; and natural disasters. These risks are covered by the purchase of commercial insurance. The Utility assumes liability for any deductibles and claims of coverage limitations. Settled claims from these risks have not exceeded commercial insurance coverage in any of the past three fiscal years. (12) Commitments The Utility began working on the water main extension projects and other various projects. As of December 31, 2022, the Utility expects the remaining costs of the existing contracts of approximately $1,660,000 to be spent in 2023. (13) Prospective Accounting Change The GASB has issued Statement No. 96, Subscription -Based Information Technology Arrangements. This statement will be implemented for the year ending December 31, 2023. The revised requirements of this statement will require reporting certain assets and liabilities for the right to use another party's information technology software alone or in combination with tangible capital assets that are not currently reported. 29 Page 89 of 321 Required Supplementary Information Page 90 of 321 Schedule of Contributions Waterloo Water Works Pension Plan Last Ten Years 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 Actuarially determined contribution $ 514,096 $ 568,760 $ 587,599 $ 563,701 $ 529,242 $ 505,125 $ 489,448 $ 475,911 $ 481,861 $ 480,199 Contributions in relation to actuarially determined contribution (439,760) 344,312 (639,602) (615,910) (577,408) (565,374) (550,161) (540,043) (570,419) (538,658) Contribution Deficiency (Excess) $ 74,336 $ 224,448 $ (52,003) $ (52,209) $ (48,166) $ (60,249) $ (60,713) $ (64,132) $ (88,558) $ (58,459) Utility's covered -employee payroll $ 676,566 $ 744,456 $ 810,194 $ 979,376 $ 943,430 $ 1,047,371 $ 1,004,723 $ 1,045,603 $ 1,064,651 $ 1,100,185 Contributions as a percentage of covered -employee payroll 65.00% 46.25% 78.94% 62.89% 61.20% 53.98% 54.76% 51.65% 53.58% 48.96% 30 Page 91 of 321 Schedule of Changes In Net Pension (Asset) Liability and Related Ratios Waterloo Water Works Pension Plan Total Pension Liability Service cost Interest Difference between expected and actual experience Changes of assumptions Benefit payments, including refunds of employee contributions Change in Total Pension Liability Total Pension Liability - Beginning of Year Total Pension Liability End of Year Plan Fiduciary Net Position Contributions - Utility Contributions - member Net investment income Benefit payments, including refunds of employee contributions Change in Plan Fiduciary Net Position Plan Fiduciary Net Position - Beginning of Year Plan Fiduciary Net Position - End of Year Net Pension (Asset) Liability - End of Year Plan Fiduciary Net Position as a Percentage of Total Pension Liability Utility's Covered Employee Payroll Net Pension (Asset) Liability as a Percentage of Covered Employee Payroll Additional years will be added going forward as information becomes available 2022 $ 34,615 624,396 109,603 (702,668) 65,946 9,319,314 9,385,260 400,000 39,670 (1,522,959) (702,667) (1,785,956) 9,632,233 7,846,277 $ 1,538,983 83.60% $ 635,959 241.99% 2021 $ 49,151 618,695 141,919 16,840 (689,128) 137,477 9,181,837 9.319.314 300,000 44,312 1,473,975 (689,128) 1,129,159 8,503,074 9,632,233 $ (312,919) 103.35% $ 676,566 2020 $ 55,720 645,354 (194,832) 315,233 (677,004) 144,471 9,037,366 9.181.837 591,000 48,602 1,221,397 (677,004) 1,183,995 7,319,079 8.503.074 $ 678,763 92.61% $ 744,456 (46.25)% 91.18% 2019 $ 42,951 672,982 (36,258) 325,945 (675,155) 330,465 8,706,901 9.037.366 563,701 52,209 1,594,221 (675,155) 1,534,976 5,784,103 7,319,079 $ 1,718,287 80.99% 2018 $ 46,090 665,421 76,594 (72,427) (560,887) 154,791 8,552,110 8.706.901 529,242 48,166 (466,923) (560,887) 2017 2016 $ 45,849 $ 53,886 640,457 616,847 (45,362) 164,103 225,356 13,141 (548,118) (541,494) 318,182 306,483 8,233,928 7,927,445 8.552.110 8.233.928 507,287 489,448 58,087 60,713 821,539 281,674 (548,118) (541,494) (450,402) 838,795 290,341 6,234,505 5,395,710 5,105,369 5,784,103 $ 2,922,798 66.43% 6,234,505 $ 2,317,605 72.90% 2015 $ 53,008 607,558 (28,037) 12,600 (518,306) 126,823 7,800,622 7,927,445 481,000 59,043 (157,690) (518,306) (135,953) 5,241,322 5,395,710 5,105,369 $ 2,838,218 $ 2,822,076 65.53% 64.40% $ 810,194 $ 979,376 $ 943,430 $ 1,047,371 $ 1,004,723 212.08% 298.43% 245.66% 270.98% 280.88% 31 Page 92 of 321 Notes to Required Supplementary Information - Pension Liability Waterloo Water Works Pension Plan Year Ended December 31, 2022 Valuation Date Actuarially determined contributions rates are calculated as of December 31 of the current fiscal year. Methods and Assumptions Used to Determine Contribution Rates Actuarial cost method Amortization method Amortization period Asset valuation method Inflation Annual pay increases Investment rate of return Retirement rate Mortality rates Entry age cost method Level dollar 20 years Market value of assets 2.50% 3.00% 7.00% 100% at age 62 2021 Dataset Mortality 32 Page 93 of 321 Schedule of Proportionate Share of the Net Pension Liability Iowa Public Employees' Retirement System Last Nine Years* 2022 2021 2020 2019 2018 2017 2016 2015 2014 Utility's proportion of the net pension liability 0.023961 % (0.008447)% 0.017377% 0.016437% 0.016820% 0.015549% 0.014671 % 0.014220% 0.012797% Utility's proportionate share of the net pension liability $905,279 $29,161 $1,220,674 $951,791 $1,064,406 $1,035,776 $923,262 $706,956 $524,011 Utility's covered -employee payroll $1,770,907 $1,622,730 $1,267,605 $1,270,103 $1,251,971 $1,079,261 $1,018,040 $885,398 $802,943 Utility's proportionate share of the net pension liability as a percentage of its covered -employee payroll 51.12% 1.79% 96.29% 74.94% 85.01 % 95.97% 90.69% 79.85% 65.26% IPERS' fiduciary net position as a percentage of the total pension liability 91.41 % 100.81% 81.87% 85.45% 83.62% 82.21% 81.82% 85.19% 87.61% * The amounts presented for each fiscal year were determined as of June 30 of the preceding year. 33 Page 94 of 321 Schedule of Contributions Iowa Public Employees' Retirement System Last Ten Years 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 Statutorily required contribution $ 187,341 $ 167,183 $ 153,186 $ 119,662 $ 116,656 $ 111,801 $ 96,378 $ 90,911 $ 79,066 $ 70,659 Contributions in relation to the statutorily required contributions(187,341) (167,183) (153,186) (119,662) (116,656) (111,801) (96,378) (90,911) (79,066) (70,659) Contribution Deficiency (Excess) $ $ — $ — $ $ — $ $ $ — $ — $ — Utility's covered -employee payroll $ 1,984,549 $ 1,770,907 $ 1,622,730 $ 1,267,605 $ 1,270,103 $ 1,251,971 $ 1,079,261 $ 1,018,040 $ 885,398 $ 802,943 Contributions as a percentage of covered -employee payroll 9.44% 9.44% 9.44% 9.44% 9.18% 8.93% 8.93% 8.93% 8.93% 8.80% 34 Page 95 of 321 Notes to Required Supplementary Information - Pension Liability Iowa Public Employees' Retirement System Year Ended December 31, 2022 Changes of Benefit Terms There are no significant changes in benefit terms. Changes of Assumptions The 2018 valuation implemented the following refinements as a result of a demographic assumption study dated June 28, 2018: • Changed mortality assumptions to the RP-2014 mortality tables with mortality improvements modeled using Scale MP-2017. • Adjusted retirement rates. • Lowered disability rates. • Adjusted the probability of a vested regular member electing to receive a deferred benefit. • Adjusted the merit component of the salary increase assumption. The 2017 valuation implemented the following refinements as a result of an experience study dated March 24, 2017: • Decreased the inflation assumption from 3.00% to 2.60%. • Decreased the assumed rate of interest on member accounts from 3.75% to 3.50% per year. • Decreased the discount rate from 7.50% to 7.00%. • Decreased the wage growth assumption from 4.00% to 3.25%. • Decreased the payroll growth assumption from 4.00% to 3.25%. The 2014 valuation implemented the following refinements as a result of a quadrennial experience study: • Decreased the inflation assumption from 3.25% to 3.00%. • Decreased the assumed rate of interest on member accounts from 4.00% to 3.75% per year. • Adjusted male mortality rates for retirees in the regular membership group. • Moved from an open 30-year amortization period to a closed 30-year amortization period for the unfunded actuarial liability (UAL) beginning June 30, 2014. Each year thereafter, changes in the UAL from plan experience will be amortized on a separate closed 20-year period. 35 Page 96 of 321 HOGAN• HANSEN A Professional Corporation Certified Public Accountants and Consultants Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Board of Trustees Waterloo Water Works Waterloo, Iowa We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Waterloo Water Works, a component unit of the City of Waterloo, Iowa, as of and for the year ended December 31, 2022, and the related notes to the financial statements, which collectively comprise the Waterloo Water Works' basic financial statements, and have issued our report thereon dated August 28, 2023. Report on Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Waterloo Water Works' internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Waterloo Water Works' internal control. Accordingly, we do not express an opinion on the effectiveness of the Waterloo Water Works' internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the Utility's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. We identified a certain deficiency in internal control, described in the accompanying schedule of findings as item 22-I-R-1 that we consider to be a material weakness. 3128 Brockway Road, Waterloo, IA 50701-5103 • (319) 233-5225 • Fax (319) 233-3188 • E-Mail w@hoganhansen.com Member of American Institute of CPAs - Iowa Society of CPAs Ames • Ankeny • Cedar Rapids • Mason City • Waterloo 36 Page 97 of 321 Board of Trustees Waterloo Water Works Page 2 Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the Waterloo Water Works' financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Comments involving statutory and other legal matters about the Utility's operations for the year ended December 31, 2022 are based exclusively on knowledge obtained from procedures performed during our audit of the financial statements of the Utility. Since our audit was based on tests and samples, not all transactions that might have had an impact on the comments were necessarily audited. The comments involving statutory and other legal matters are not intended to constitute legal interpretations of those statutes. Waterloo Water Works' Response to Findings Government Auditing Standards require the auditor to perform limited procedures on the Waterloo Water Works' responses to the findings identified in our audit and described in the accompanying schedule of findings. The Waterloo Water Works' responses were not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the responses. Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Utility's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Utility's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. 444ittr ' k4frFI HOGAN - HANSEN Waterloo, Iowa August 28, 2023 37 Page 98 of 321 Schedule of Findings Year Ended December 31, 2022 Part I: Findings Related to the Financial Statements Instances of Noncompliance There were no reported instances of noncompliance. Internal Control Deficiencies 22-I-R-1 Financial Statement Preparation Criteria - A properly designed system of internal control over financial reporting includes the preparation of the Utility's financial statements and accompanying notes to the financial statements by Utility staff. Condition - The Utility does not have a system of internal controls that fully prepares financial statements and disclosures that are fairly presented in conformity with generally accepted accounting principles. The Utility relies upon its audit firm to assist with drafting the financial statements. Cause - As is inherent in many governmental entities of this size, the Utility has management and employees who, while knowledgeable and skillful, do not have the time to maintain the current knowledge and expertise to fully apply generally accepted accounting principles in preparing the financial statements and the related disclosures. Effect or Potential Effect - The financial statements and related disclosures may not be prepared in accordance with generally accepted accounting principles. Identification of Repeat Finding - 21-I-R-1 Auditor's Recommendation - The Utility should obtain additional knowledge through reading relevant accounting literature and attending local professional education courses. Views of Responsible Officials and Planned Corrective Action - The Utility is aware of the condition and will consider obtaining additional knowledge where cost effective but will continue to rely on its audit firm for assistance with drafting the financial statements and disclosures. Auditor's Conclusion - Response accepted. 38 Page 99 of 321 Schedule of Findings Year Ended December 31, 2022 Part II: Findings Related to Statutory Reporting 22-11-1 Budget - Operating cash disbursements during the year ended December 31, 2022 did not exceed the amounts budgeted. 22-11-2 Questionable Disbursements - We noted no disbursements that may not meet the requirements of public purpose as defined in an Attorney General's opinion dated April 25, 1979. 22-11-3 Travel Expense - No disbursements of the Utility's money for travel expenses of spouses of the Utility officials or employees was noted. 22-11-4 Business Transactions - No business transactions between the Utility's officials or employees and the Utility were noted. 22-11-5 Bond Coverage - Surety bond coverage of the Utility officials and employees is in accordance with statutory provisions and was reviewed and updated during the year. We recommend that the amount of coverage continue to be reviewed annually to ensure that the coverage is adequate for current operations. 22-11-6 Board Minutes - No transactions were found that we believe should have been included in the minutes but were not. Minutes of Trustees proceedings were published within 15 days as required by Chapter 372.13(6) of the Code of Iowa. 22-11-7 Deposits and Investments - We noted no instances of noncompliance with the deposit and investment provisions of Chapter 12B or 12C of the Code of Iowa. 22-11-8 Restricted Donor Activity - No transactions were noted between Water Works officials or employees and restricted donors in compliance with Chapter 68B of the Code of Iowa. 39 Page 100 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Chad Coon, General Manager Water Works Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Motion to receive and place on file the 2022 Operating Report of the Waterloo Water Works. RECOMMENDED COUNCIL ACTION Receive and place on file the 2022 Operating Report of the Waterloo Water Works. SUMMARY STATEMENT AND BACKGROUND INFORMATION The Board of Trustees of the Waterloo Water Works approved the report at their regular Board Meeting on November 15, 2023. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Waterloo Water Works operating funds, generated primarily from water sales. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 2022 Water Works' Operating Report Page 101 of 321 WATERLOO WATER WORKS 2022 OPERATING REPORT WATERLOO WATER WORKS Page 102 of 321 WATERLOO WATER WORKS 2022 ANNUAL REPORT TO THE BOARD OF TRUSTEES AND THE CITIZENS OF WATERLOO General Remarks I am pleased to present the Waterloo Water Works' 2022 Annual Report to the Board of Trustees and the citizens of Waterloo, Iowa. The team members of the Water Works have collaborated in preparation of this report to highlight financial, water distribution, water production and customer service performance milestones that were achieved throughout the year in 2022. The Water Works added or replaced 7,223 feet of water main in 2022. Pumpage for 2022 ended the year down 5.68% compared to the previous year, and water sales revenue ended the year down 3.8% on a year-to-year basis. In 2022 there were two large projects that were related to water production that were started. One was a follow up to the 2019-2020 Corrosion Control Study where the Iowa Department of Natural Resources (DNR) mandated that Waterloo must install corrosion control at all source entry points to reduce concerns related to lead in drinking water (think Flint, Michigan) even though Waterloo Water Works had shown in the study that lead concentrations were far below any action levels. With nine individual wells feeding direct to the distribution system and another five wells feeding the booster station, there was a lot of work necessary to meet the revised November 1, 2022 deadline. The second project related to water production was the rehabilitation and upgrade for Well 22. This project will require new process piping, electronic SCADA controls and a new backup emergency generator. Due to the size of both of these projects they should be completed sometime in 2023. The Linden water tower paint project was finished in early summer and then the University water tower painting project started a short while later and was completed before the end of the year. On the distribution side of operations, work continued to finish up water main renewal on University Avenue, Shaulis Road, and the Highway 20 crossings at Kimball Avenue and W. 4th Street. After several meetings with neighbors, the Grand Boulevard, Four Seasons and Winter Ridge area of northwest Waterloo had new water main installed that should provide a more robust and reliable system for the next several decades. The City of Waterloo was also able to finalize right of way acquisition so that the Water Works could move forward with moving water main along Hammond Avenue between Orange Road and Washburn Road due to a new bridge project for the City. The Park Avenue bridge replacement finally started in the spring of 2022 which saw the Water Works shut down the river crossing installed in 1952. The replacement for this crossing will be suspended from the bottom of the new bridge. The Water Works also has begun design work on updating the Pump Station for needed repair and maintenance work, as well as starting preliminary design on the La Porte Road water main replacement to happen with the City of Waterloo's street reconstruction. This will also be a several year, multi -phase project similar to University Avenue. Page 1 Page 103 of 321 Another issue that seemed to continue in 2022 was the need for replacement vehicles and the lack of any normal process for acquiring those vehicles. In 2021 the Water Works ordered a replacement dump truck which never arrived. Staff were able to secure a different model and move on with getting the dump body built. Not to be outdone by a dump truck, we also experienced other vehicle failures that required replacement on short notice where the Board provided guidance and reassurance on staff's abilities to complete those acquisitions. In 2023, the Waterloo Water Works plans to continue on an aggressive path to repair, replace, or upgrade critical system assets, while also planning for the future. Projects scheduled for major investments in 2023 include continuation of the annual water main replacement programs associated with City of Waterloo street reconstruction projects; completion and acceptance of the University Avenue Phase 2 and Phase 3; completion of construction on the Park Avenue Bridge replacement; inspecting the Kimball Avenue water tower; replacement of water main in the Heartland Hills neighborhood to be completed in phases; completion of design for the Well 14 VFD and process piping project and a similar project at Well 16 and then bidding and construction; design options for the Orange Neighborhood Area that is seeing a new subdivision which will affect supply pressures, participation in the City of Waterloo's Fiber Backbone Project, and work on the reservoir spalling and pipe tunnel repair project. The Waterloo Water Works is indebted to Board of Trustees' members Mary Potter, Scott Wienands and Thomas E. Wall, who continue to provide the guidance, support and leadership that this utility relies on as we serve the great customers of the City of Waterloo. Respectfully submitted, Chad Coon, General Manager Page 2 Page 104 of 321 TO THE BOARD OF WATER WORKS TRUSTEES Mary H. Potter, Chair Scott Wienands, Vice -Chair Thomas E. Wall, Trustee Members of the Board: I herewith submit the following Operating Report of the Waterloo Water Works for the year ending December 31, 2022. The following tables show selected revenue and expenditures for the year ending December 31, 2021 as compared with the year ending December 31, 2020. A full disclosure of the Waterloo Water Works' financial information can be obtained from the annual audit report. The following figures reflect audited amounts. Revenue Dec. 31, 2021 Dec. 31, 2022 Metered Water -Net Rates $10,872,199 $10,511,759 Fire Protection 93,595 92,296 Capital Contributions 30,304 59,889 Billboard, Antenna & Farm Rent 184,990 276,886 Interest Earned 59,664 338,657 Other Revenue 978,853 1,002,745 Total Revenue $12,219,605 $ 12,282,232 Operating Expenses Salaries and Benefits $3,311,496 $3,826,906 Contractual Services 925,199 896,681 Commodities 1,593,510 2,029,856 Interest Expense 0 0 Loss on Disposal of Capital Assets (6,600) 0 Depreciation 1,236,663 1,395,447 Other Expenses 0 0 Total Expenditures Net Revenue Total Assets Total Liabilities Total Net Assets Tax Money Received $ 7,060,268 $ 8,148,890 $ 5,159,337 $ 4,133,342 $60,734,010 $66,443,144 4,335,465 5,911,257 $56,398,545 $60,531,887 $ 0 $ 0 Bonded Indebtedness $ 0 $ 0 Page 3 Page 105 of 321 The following amounts were expended for Capital Improvements and Extraordinary Items during the year ending December 31, 2022 as compared to the year ending December 31, 2021. Jan. 1, 2021 to Dec. 31, 2021 Autos, Trucks and Distribution Vehicles & Equipment Small Equipment for Distribution/Meter Dept. Safety Equipment Backflow Prevention Program Misc. Water Main Extensions Misc. Water Main Work as part of City Projects Annual Water Main Replacement Programs Pumping Station and Well House Improvements SCADA, Radio and Sensor Improvements Computer Equipment and Software Office, Security , and Building Equipment Customer Information System (CIS) Water Works Office Reconfiguration & Remodel Pump Station Maintenance & Stabilization Leversee Rd. & Dunkerton Rd. Water Main Extension University Avenue Main Replacement AMR/AMI Metering SCADA and Sensor Upgrades Park Avenue River Crossing Replacement Well 22 VFD and Replacement Standby Power Lost Island (Shaulis 20") Water Main Project Hwy 20 Crossing (Kimball/ W. 4th) Hammond Ave. Sink Creek Crossing Water Tower Mid-life Refreshing Replace overhead/walk-in doors to shop/garage Grand Blvd -Four Seasons Water Main replacement Heartland Hills Subdivision Water Main replacement Hyper Drive Water Main Extension Corrosion Control Source Entry Point Installation GIS-Mapping-CMMS-Doc. Mgmt.-Modeling Preliminary Work on CMMS Project (2021 amounts restated from previous report) 68,122.95 5,638.30 0.00 4,854.34 20,420.00 0.00 121,538.40 82,627.16 12,459.80 6,627.62 0.00 1,995.00 424,038.03 1,700.00 676,983.77 131,842.60 267,397.37 63,358.03 60,000.00 6,689.00 632,393.92 648,238.45 0.00 383,940.00 18,494.00 0.00 0.00 0.00 0.00 27,018.59 9,135.00 Jan. 1, 2022 to Dec. 31, 2022 346,184.25 15,056.44 1,338.53 3,651.94 109,338.24 4,702.25 37, 386.35 85, 750.00 15,323.29 6,425.12 13,099.81 0.00 0.00 6,800.00 0.00 48,665.47 490,990.16 0.00 10,552.50 70,245.75 307,868.66 165,476.79 13,067.69 483,279.17 0.00 669,422.36 51,585.00 118,099.25 429,443.67 67,642.04 24,712.50 $3,676,452.33 $3,598,265.68 Page 4 Page 106 of 321 The following data is used to compute the comparative cost per 1,000 gallons pumped. Pumpage in Gallons Operating Revenue Non -Operating Revenue Total Revenue 2021 2022 4,417,176,000 4,166,186,000 $10,965,794 $10,604,055 1,253,811 1,678,177 $12,219,605 $12,282,232 Salaries and Benefits $3,311,496 $3,826,681 Contractual Services 925,199 896,681 Commodities 1,593,510 2,029,856 Depreciation 1,236,663 1,395,447 Interest Expense 0 0 Loss on Disposal of Capital Assets (6,600) 0 Other Expenses 0 0 Total Expenses $7,060,268 $8,148,890 Net Revenue $5,159,337 $4,133,342 The following tabulation shows the revenue per 1,000 gallons pumped for the year ending December 31, 2022 as compared with the year ending December 31, 2021. Dec. 31, 2021 Operating Revenue 2.4825 Non -Operating Revenue 0.2838 Total Revenue 2.7663 Salaries and Benefits 0.7497 Contractual Services 0.2095 Commodities 0.3608 Depreciation 0.2800 Interest Expense 0.0000 Loss on Disposal of Capital Assets (0.0015) Other Expenses 0.0000 Total Expense 1.5984 Net Revenue 1.1679 Dec. 31, 2022 2.5453 0.4028 2.9481 0.9185 0.2152 0.4872 0.3349 0.0000 0.0000 0.0000 1.9558 0.9923 Page 5 Page 107 of 321 Distribution and Transmission Distribution Department Manager Meter Room Manager Distribution Foreman Ryan Manahl David Cunningham Ross Fagerlind This department is responsible for construction, maintenance and customer service related to water mains, vehicles and metering. Water Main Construction: During the year ending December 31, 2022, ductile iron water main extensions were made as follows: Location Bourland Avenue (dead end correction) Fairview Avenue (dead end correction) Sergeant Road Homer St. to Niles St. (dead end correction) Total 6" Main W. San Marnan (dead end correction) Pheasant Lane (dead end correction) Edison Addition Edison Addition to Evergreen (dead end cor.) Sergeant Road Total 8" Main MAIN FOOTAGE PAID BY WWW MAIN FOOTAGE PAID BY DEVELOPER TOTAL WATER MAIN INSTALLED MILES Water Main Replacement: Main Number Size Feet Funding Source 6" 182 Waterloo Water Works 6" 334 Waterloo Water Works 6" 19 Paid by Developer 6" 370 Waterloo Water Works 905 8" 8" 8" 8" 8" 8" 480 307 794 232 352 2,165 1,905 1,165 3,070 0.58 Waterloo Water Works Waterloo Water Works Paid by Developer Waterloo Water Works Paid by Developer During the year ending December 31, 2022, the following ductile iron (unless indicated) water main replacement projects were completed as follows: Main Number Location Size Feet Four Seasons Area Four Seasons Area, Certa-Lok PVC 6" -1,700 6" 4,145 2,445 0.46 TOTAL WATER MAIN REPLACED MILES Funding Source Waterloo Water Works Waterloo Water Works Page 6 Page 108 of 321 Pipe System Inventory: The following table shows the total number of feet, number of miles and the percentage of different size ductile, cast iron, and PVC mains that comprise the water distribution system inside the Waterloo city limits, installed from 1886 to December 31, 2022. Size Abandoned Constructed Net Gain Total Number of 2022 2022 2022 of Feet in Number Pipe Ln. Ft. Ln. Ft. Ln. Ft. System of Miles Percentage 4" 0 0 0 8,870 1.68 0.43 6" 1,700 5,050 3,350 959,007 181.63 46.52 8" 657 2,173 1,516 330,823 62.66 16.04 10" 0 0 0 40,201 7.61 1.95 12" 0 0 0 509,733 96.54 24.73 14" 0 0 0 4,611 0.87 0.22 16" 0 0 0 110,194 20.87 5.35 20" 0 0 0 97,537 18.47 4.73 24" 0 0 0 469 0.09 0.02 TOTAL 2,357 7,223 4,866 2,061,445 390.42 100.00 Net Gain in 2022: 0.92 Miles Kimball Avenue Rural Water System: The following table shows the total number of feet, number of miles and the percentage of different size DR21 PVC pipe that comprises the Kimball Avenue rural water system as of December 31, 2022. Size Total Number of of Feet in Number of Pipe System Miles Percentage 2" 6,036 1.14 9.66 3" 17,492 3.31 27.98 4" 8,270 1.56 13.23 6" 30,717 5.82 49.14 TOTAL 62,515 11.84 100.00 The following table shows the number of feet of pipe of the different sizes in the flow and well lines now used to deliver water from the well field to the reservoirs. This is considered non -distribution piping. Sizes of Number of Pipe Feet 8" 580 10" 600 12" 1,348 16" 13,981 20" 10,378 24" 600 TOTAL 27,487 Page 7 Page 109 of 321 Valve Inventory: Size 2" 4" 6" 8" 10" 12" 16" 20" Gained 2022 Waterloo System 0 0 43 5 3 1 0 0 Total Valves in System 3 69 5,098 912 177 1,140 166 80 7,645 Valves in Flow & Well Lines as of December 31, 2022: 50 Hydrant Inventory: Hydrants in Service January 1, 2022 3,373 Additions Due to New Main Construction 4 New Installation Cut -In 8 Hydrants Eliminated 4 Net Gain 8 Hydrants in Service December 31, 2022 3,381 Hydrant Maintenance: Hydrants Repaired in Place 1 Hydrants Replaced 13 Hydrants Inspected and/or Flushed 2,620 2021 2022 Broken Hydrants (typically hit by vehicles) 14 8 Frozen Hydrants 1 8 Frozen Mains 0 0 Main Leaks Repaired (joint leak, pin hole) 1 5 Broken Mains (sheared, cracked, longitudinal) 81 63 Private Service Lines Leaks 110 123 Private Service Line Terminations 111 62 The Distribution Department operated and serviced hydrants and valves where required. Page 8 Page 110 of 321 Vehicle Record: Report of operation cost for the year ending December 31, 2022. 2022 Total 2022 2022 2022 2022 2022 Cost No. Vehicle Mileage Mileage Expense Depreciation Insurance Labor Total Cost Per Mile 1 2017 Ford Taurus 5,274 20,307 $ 915.12 $ 1,734.17 $ 650.34 $ 49.88 $ 3,349.51 $ 0.6351 2 2021 Ford Escape 8,100 11,974 $ 1,213.76 $ 4,145.40 $ 650.34 $ 16.56 $ 6,026.06 $ 0.7440 3 2022 Ford F-350 Chassis 2,407 2,411 $ 2,951.44 $ 8,856.67 $ 323.88 $ - $ 12,131.99 $ 5.0403 4 2020 Ford F150 5,010 13,809 $ 1,130.58 $ 4,746.60 $ 650.34 $ 16.56 $ 6,544.08 $ 1.3062 5 2009 Ford F150 PU 8,455 132,300 $ 4,125.14 $ $ 650.34 $ 16.56 $ 4,792.04 $ 0.5668 6 2021 Dodge Ram 9,320 12,202 $ 3,089.03 $ 4,329.20 $ 650.34 $ 49.88 $ 8,118.45 $ 0.8711 7 2019 RAM 1500 Classic 11,575 50,040 $ 4,340.12 $ 4,044.20 $ 650.34 $ 83.00 $ 9,117.66 $ 0.7877 8 2016 Ford F150 PU 6,170 66,019 $ 2,798.63 $ 2,767.44 $ 650.34 $ 54.16 $ 6,270.57 $ 1.0163 9 2013 Ford F350 Valve Exerciser 3,942 28,988 $ 5,152.26 $ $ 541.94 $ 48,03 $ 5,742.23 $ 1.4567 9 2022 Ford Super Duty F450 265 407 $ 1,009.87 $ 1,663.27 $ 108.40 $ 1,589.76 $ 4,371.30 $ 16.4955 10 2020 Ford F150 9,141 26,607 $ 3,507.30 $ 4,265.20 $ 650.34 $ 31.47 $ 8,454.31 $ 0.9249 11 2007 Ford 3/4 PU 2,880 71,592 $ 2,095.30 $ $ 650.34 $ 16.56 $ 2,762.20 $ 0.9591 12 2018 Dodge 3500 4,963 37,138 $ 5,166.30 $ 7,536.78 $ 650.34 $ 81.15 $ 13,434.57 $ 2.7069 14 2020 Ford F150 9,217 23,445 $ 2,442.34 $ 4,265.20 $ 650.34 $ 54.16 $ 7,412.04 $ 0.8042 15 2021 Dodge Ram 9,448 13,834 $ 2,672.34 $ 4,329.20 $ 650.34 $ 33.12 $ 7,685.00 $ 0.8134 v 16 2013 Ford F150 PU 8,508 74,606 $ 4,326.67 $ - $ 650.34 $ 16.56 $ 4,993.57 $ 0.5869 c a 17 2018 Ford F150 12,802 66,220 $ 4,283.36 $ 4,940.00 $ 650.34 $ 48.03 $ 9,921.73 $ 0.7750 CD co 18 2018 Dodge Ram 3500 5,965 35,435 $ 8,197.73 $ 4,651.75 $ 650.34 $ 113.23 $ 13,613.05 $ 2.2822 19 2019 RAM 1500 Classic 9,256 38,176 $ 4,553.86 $ 4,324.20 $ 650.34 $ 132.48 $ 9,660.88 $ 1.0437 20 2016 John Deere Backhoe 468 Hrs. 4,594 $ 8,486.49 $ 12,071.70 $ 650.34 $ - $ 21,208.53 $ 45.3174 21 2020 Case 590 Super N 800 Hrs. 1,512 $ 10,151.06 $ 7,243.33 $ 650.34 $ 79.49 $ 18,124.22 $ 22.6553 22 2019 John Deere Utility Tractor 34 Hrs. 131 $ 46.78 $ 2,478.13 $ 650.34 $ - $ 3,175.25 $ 93.3897 30 2022 Ford Super Duty F250 561 661 $ 898.30 $ 816.33 $ 323.88 $ - $ 2,038.51 $ 3.6337 33 2003 Int. Dump Truck 1,250 98,664 $ 3,887.87 $ $ 650.34 $ 192.50 $ 4,730.71 $ 3.7846 34 2013 Freightliner Dump Truck 7,260 70,221 $ 11,659.92 $ 3,818.12 $ 650.34 $ 82.80 $ 16,211.18 $ 2.2329 35 2023 Mack Dump Truck - - $ - $ $ 323.88 $ - $ 323.88 $ 38 1976 Int. Flat Bed Truck 22,455 $ - $ $ 650.34 $ - $ 650.34 $ - TOTAL 141,769 $ 99,101.57 $ 93,026.89 $ 15,929.46 $ 2,805.94 $ 210,863.86 TOTAL HOURS 1,302 Page 111 of 321 2021 2022 Meters in Service as of January 1 26,442 26,601 Meters Removed for Servicing -338 -538 Meters Reset at Existing Accounts 432 575 Meters Set for New Accounts 65 72 Total Meters Set 497 647 Net Accounts Gain/Loss 159 109 Meters in Service as of December 31 26,601 26,710 Meter Repair Work: 2021 2022 Frozen — Base Replacement 83 83 Dead — Piston, Gear or Register 51 45 Replacement Junked Meters 171 365 Meters Removed from Vacated Residences 33 45 Leaky Meters — Bases Replaced 0 0 Miscellaneous Repairs 0 0 Meters Challenged for Accuracy by Resident 338 538 0 0 Radio Readers in Service: Overall system = 18,000+ radios for all areas we service, which include close to 29,000 accounts, more than 62% of the system has had a radio read smart point installed. Page 10 Page 112 of 321 WATER PRODUCTION Water Production Manager Pumping Station Foreman Travis Larson Gabe Smutz During the year ending December 31, 2022, the water pumpage has decreased 5.68% from the previous year. 2021 Total Pumpage in Gallons 4,417,176,000 Daily Average 12,101,852 Lowest Day December 25 Lowest Day Pumpage. 6,758,000 Highest Day June 16 Highest Day Pumpage 17,695,000 The record of pumpage for the year ending December 31, year ending December 31, 2022, is as follows: 2021 331,286,000 320,561,000 352,532,000 338,843,000 373,843,000 **448,504,000 444,266,000 434,989,000 380,227,000 355,299,000 318,628,000 *318,198,000 January February March April May June July August September October November December TOTAL GALLONS * Indicates lowest month's pumpage. ** Indicates highest month's pumpage. Consumption Registered on Customers' Meters City Meters - Free Rate Water Toss from Reservoir (calculated) Other Metered Sales Unaccounted for Water Including the Following: (Flushing water mains to prevent system freeze up, new main construction, routine flushing water mains, hydrant flushing and inspection, fire protection, street sweeping, pre -metered construction, sewer flushing, main leaks and service line leaks.) 4,228,783,000 2022 4,166,186,000 11,414,208 December 25 7,166,000 June 23 16,014,000 2021, as compared with the 2022 332,097,000 313,529,000 332,617,000 *307,264,000 370,236,000 **394,000,000 393,056,000 392,911,000 357,504,000 345,682,000 309,712,000 317,578,000 4,166,186,000 Gallons 3,158,073,952 153,640,697 86,459,000 4,027,980 Percent 75.80 3.69 2.08 0.10 18.33 100.00% A record of the percent of accounted for water through customers' meters, city meters and calculated reservoir Toss is as follows: 2016 2017 2018 2020 79.86% 82.81 % 88.60% 85.07% 2021 83.62% 2022 81.67% Page 11 Page 113 of 321 2022 Water Supply Analysis Average of all Wells in the System (Milligrams per Liter Unless Otherwise Noted) The Waterloo Water Works conducts an extensive water quality monitoring program to confirm that the drinking water is always safe and always of the highest quality. The following are the results of the water quality program for 2022. I. Analyte The following results are based on representative samples from the distribution system. Maximum 2020 2021 2022 Allowable Chemical Test Test Test Limit Total Trihalomethane (ppb) 15.3 16.0 14.7 80 Total Haloacetic Acids (ppb) 6.62 6.0 <5.0 60 Fluoride (ppm) 0.71 0.71 0.73 4 Sodium (ppm) 16.9 14.0 14.0 NR Chlorine (ppm) 1.03 1.00 1.10 4 II. Nitrates - MCL for nitrate is 10 mg/L Maximum Allowable 2021 2022 Well No. Limit Average (ppm) Average (ppm) Well Field 7-13 10 4.60 4.30 14 10 7.20 7.20 15/17 10 <1.0 0.90 16 10 7.30 7.20 18 10 4.20 4.20 19 10 3.10 2.90 20 10 7.00 6.30 21 10 <1.0 0.70 22 10 7.90 7.90 Page 12 Page 114 of 321 WATERLOO WATER WORKS WATER ANALYSIS 2022 Maximum Contam inant Level INORGANIC CHEMISTRY pH Value Spec. Conductance Total Alkalinity mg/L Total Hardness mg/L grains per gallon Silica mg/L Total Dissolved Solids mg/L 6.5-8.5 Waterloo Water Analysis 7.5 581 111 mg/L 321 mg/L 18.8 gpg 16.1 mg/L 405 mg/L Values below this point in mg/L or parts per million Magnesium 28 Sodium 14.6 Chloride 250.000 41 Sulfate 250.000 64 Ammonia (as N) 0.05 Total Organic Carbon ND Iron 0.300 0.02 Manganese 0.05 Antimony 0.006 ND Arsenic 0.010 ND Beryllium 0.004 ND Barium 2.000 0.13 Cadmium 0.005 ND Chromium 0.100 ND Copper 1.300 0.164 Fluoride 4.000 0.71 Lead 0.015 0.003 Mercury 0.002 ND Nickel 0.100 ND Nitrate (as Nitrogen) 10.000 5.9 Nitrite (as Nitrogen) 1.000 0.10 Selenium 0.050 0.0019 Silver 0.005 ND Thallium 0.002 ND RADIONUCLIDES Gross Alpha 15 pCi/L Radium 226 5 pCi/L Radium 228 5 pCi/L Combined Radium 5 pCi/L ND - Not Detected 2.40 pCi/L 0.42 pCi/L 0.47 pCi/L <1.0 pCi/L Maximum Contaminant Level Waterloo Water Analysis Values below this point in mg/L or parts per million VOLATILE ORGANIC Halo Acetic Acids Trihalomethanes (THM) 1,1-Dichloroethylene 1,2-Dichloroethane 1,2-Dichloropropane 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane 1,1,2-Trichloroethane Benzene Carbon tetrachloride cis-1,2-Dichlroethylene Dichloromethane Ethyl benzene Monochlorobenzene 1,2-Dichlorobenzene 1,4-Dichlorobenzene Styrene Tetrachloroethylene Toluene trans 1,2-Dichloroethylene Trichloroethylene Vinyl Chloride Xylenes (Total) SYNTHETIC ORGANICS 2.4-D 2,4,5-TP (Silvex) Alachlor (Lasso) Aldicarb Aldicarb Sulfone Aldicarb Sulfoxide Atrazine Carbofuran Chlorodane Dalapon Dinoseb Diquat Endrin Endothall Lindane Methoxychlor Oxamyl (Vydate) 0.060 <0.005 0.080 0.0147 0.007 ND 0.005 ND 0.005 ND 0.070 ND 0.200 ND 0.005 ND 0.005 ND 0.005 ND 0.070 ND 0.005 ND 0.700 ND 0.100 ND 0.600 ND 0.075 ND 0.100 ND 0.005 0.00364 1.000 ND 0.100 ND 0.005 ND 0.002 ND 10.00 ND 0.070 ND 0.050 ND 0.002 ND 0.003 ND 0.003 ND 0.004 ND 0.003 ND 0.040 ND 0.002 ND 0.200 ND 0.007 ND 0.020 ND 0.002 ND 0.100 ND 0.0002 ND 0.040 ND 0.200 ND Page 13 Page 115 of 321 Service Outside City Limits: The 2022 water consumption and revenue from the cities served are as follows: City Hudson EIk Run Heights Kimball South Rural Raymond Washburn/B.H. County Population 2,490 1,137 250 (Est.) 785 1,155 (Est.) Number of Accounts 107 336 474 2022 Consumption (Gallons) 64,971,280 29,122,632 9,057,532 13,017,242 18,474,097 2022 Amount Billed $151,927.20 $ 79,254.24 $ 33,583.63 $ 62,841.00 $ 91,507.10 The Waterloo Water Works provides full service to Raymond, to the Kimball Avenue Rural System and to the Black Hawk County Rural Water System, including reading meters, billing, collection, and repair and maintenance of the water system. Hudson and EIk Run Heights use Waterloo as their source of supply and operate their own respective systems. Water Production Operational Report 2022 The water operators collect and test over 80 bacteriological (coliform) samples per month throughout the distribution system. Additionally, more than 30 samples are collected and tested from the wells, water towers, individual residences, and special projects on a monthly basis. Over 1,200 bacteriological (coliform) samples were analyzed in 2022. Water operators test daily for free and total chlorine at the pumping station, wells and at various backup locations in the distribution system. A chlorine residual of at least 0.3 mg/L must be maintained in the system to provide continuous disinfection of the drinking water to the consumer's tap. In addition, all source entry points have real-time chlorine analyzers that are monitored by our operators to make sure that acceptable chlorine residuals are maintained at all times. Water operators test daily for orthophosphate residuals at the pumping station, wells and at various backup locations in the distribution system. An orthophosphate residual of at least 1.5 mg/L must be maintained in our system. The addition of orthophosphate for corrosion control was required by the Iowa Department of Natural Resources (IDNR). The Water Works started injecting orthophosphate November 1, 2022. Water operators test daily for Fluoride residuals at the pumping Station, wells, and at various backup locations in the distribution system. Our goal is to maintain an average of 0.70 mg/L in our distribution system per Center for Disease Control (CDC) recommendation. Keystone Laboratory checks one fluoride sample per month and the results are reported to the Iowa Department of Natural Resources. Water operators test daily for Nitrate concentration at all well locations in operation. The Water Works sends in samples to Keystone Laboratories from wells on a monthly, quarterly, and yearly basis in accordance to our Public Water Supply Operation Permit. In addition, three source entry points have real-time nitrate analyzers that monitor the nitrate concentration throughout the distribution system. Page 14 Page 116 of 321 The total number of coliform, chlorine, fluoride, orthophosphate, nitrate, pH and other water quality analyes conducted by Water Works personnel amounts to over 12,000 tests per year. Sampling is completed by staff as well as some analyses, but several analyses are conducted by outside testing laboratories for compliance. Maintenance and Repair Water Works' buildings and facilities are inspected and maintained daily. Electrical systems, SCADA (Supervisory Control And Data Acquisition) controls, roofs, pumps, standby diesel and natural gas generators, water lines and fencing are all repaired as needed to ensure the citizens of Waterloo an extremely reliable water system. The well grounds are maintained in such a way as to provide a park -like atmosphere. Mowing of grounds is contracted for 2020- 2022, an updated contract is set for 2023-2025. Major maintenance and repairs for 2022 are as follows: All Well Houses -Continued routine maintenance and painting of buildings and piping University Tower - Exterior Overcoat Project (Power Wash/Upgrades/Repairs/Painting) -Rebuilt 30HP Century Electric Booster Pump Motor Booster Station -Installed new 1'/2" Copper Service Line -Installed new concrete driveway - Installed new orthophosphate injection system for corrosion control Well #7 -Installed new concrete driveway Well #11 - Installed new concrete driveway Well #12 -Installed new concrete driveway Well #13 -Installed new concrete driveway Wells #14/16 - Installed new orthophosphate injection system for corrosion control Well #15 -Installed new concrete driveway - Installed new orthophosphate injection system for corrosion control Page 15 Page 117 of 321 Well #17 -Installed new -Installed new - Installed new - Installed new Well #18 - Installed new Well #19 -Installed new Well #20 -Installed new -Installed new Well #21 - Installed new Well #22 -Installed new orthophosphate injection system for corrosion control furnace in pump room 20" Isolation gate valve concrete driveway orthophosphate injection orthophosphate injection orthophosphate injection sump pump orthophosphate injection orthophosphate injection system for system for system for corrosion control corrosion control corrosion control system for corrosion control system for corrosion control Page 16 Page 118 of 321 Free Service: The following table shows the free water service rendered to the City of Waterloo at various metered locations. 2021 2021 2022 2022 Gallons Dollars Gallons Dollars Cultural & Arts Commission 180,281 $ 348.41 317,174 $ 1,083.40 Young Ice Arena 6,816,998 18,379.38 6,531,242 17,927.98 Sportsplex 1,993,559 7,031.12 1,831,979 6,725.74 Mark's Park 3,298,909 8,266.32 2,627,159 6757.88 Leisure Services 4,903,481 20,738.86 4,618,565 20,189.33 Golf Courses: South Hills 9,457,621 26,563.88 10,518,359 29,352.90 Gates Park 16,038,235 42,113.69 19,080,562 49,633.09 Byrnes Park/Iry Warren 5,229,632 16,495.39 9,198,795 26,070.41 Fire Department 906,639 5,749.91 625,072 5,043.62 Parking Ramps 256,582 975.24 9,725 356.52 Swimming Pools 3,844,987 13,103.24 5,176,520 16,277.00 Sewer Department 1,183,418 4,485.81 1,680,125 5,720.13 Library 128,665 1,093.68 162,327 1,205.15 Water Pollution Control 106,350,553 237,672.12 91,881,731 209,240.76 Yard Waste/Compost Site 17,953 3696.00 44,883 3,783.60 Convention Center 156,343 1,448.49 461,548 2,269.19 City Buildings 3,052,052 20,097.56 1,935,959 17,603.60 Airport 28,426 138.54 14,961 135.48 163,844,334 $428,397.64 156,716,687 $419,375.78 Additional free water service was furnished unmetered to city departments for fire protection, sewer flushing, street cleaning and other purposes. Page 17 Page 119 of 321 OFFICE Office Manager Carla Manahl Office Manager in -training Cassie Dufel Billing: Only active accounts Accounts Amount Billed shown Residential 24,056 $4,648,216.46 Commercial 2,444 $5,131,902.19 Industrial - John Deere 23 $ 574,508.08 Accounts — Waterloo 26,513 Subtotal $10,354,626.73 Raymond 336 $ 62,841.00 Washburn 399 $ 70,609.34 Washburn Rural 75 $ 20,897.76 Kimball Project 107 $ 33,583.63 Accounts — Outside City 917 Subtotal $187,931.73 Accounts — Grand Total 27,430 Total Billed Water Sales (Unaudited) $10,542,558.46 Water Sales Other (By Invoice) $9.871.33 Fire Protection, Annual $96,845.60 3,786 Electronic Banking Customers 4,616 Final Bills Personnel: 12/31/20 12/31/21 12/31/22 Admin & Office (Full-time) 11 12 12 Distribution & Meter Division 17 16 17 Pumping Station 7 7 7 35 35 36 Plus temporary summer hydrant painting employees. Waterloo Water Works also bills and collects sanitary sewer, storm sewer, garbage, yard waste and yard waste site maintenance billing for the City of Waterloo. Page 18 Page 120 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Motion approving the appointment of Brynn Schroeder from the current Civil Service List to the position of Waste Water Operator in the Waste Management Services Department, effective December 27, 2023, pending pre -employment physical and drug testing. RECOMMENDED COUNCIL ACTION Approve appointment of Brynn Schroeder to Waste Water Operator SUMMARY STATEMENT AND BACKGROUND INFORMATION Motion approving the appointment of Brynn Schroeder from the current Civil Service List to the position of Waste Water Operator in the Waste Water Management Department, effective 12/27/23, pending pre -employment physical and drug testing. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 121 of 321 ATTACHMENTS 1. WASTE WATER OPERATOR CS LIST (exp 11.24) 2. WASTE WATER OPERATOR DESCRIPTION 23 3. Personnel Requistition Form Signed 4. PERSONNEL REQUISITION QUESTIONS Waste Water Operator Page 122 of 321 CITY OF %VfATERLOO IOWA Community of Opportunity November 17, 2023 TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4303 L. Fax: (319) 291-4569 CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Waste Water Operator for the City of Waterloo, Iowa WMS. This list shall be used to fill any vacancy in the Waste Water Operator classification from November 17, 2023 — November 17, 2024. Respectfully submitted, '3W0r Dr. Bev Smith 11/20/2023 06.02 PM EST Date CERTIFIED LIST Brynn Schroeder Chad Hollingsworth i'1ri.ann& Kurtedouch sicxio Dr. Robert Welch Date 11/20/2023 07.04 PM EST Marianne Kurtnebach Date Page 123 of 321 CITY OF �� << TERLOO J IOWA Community of Opportunity Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the position and following the directions to submit a resume. We will not accept mailed, faxed, hand -delivered or directly mailed resumes. Deadline to submit a resume is noon Friday November 3rd. CIVIL SERVICE NOTICE ITY OF WATERLOO, IOWA OPEN EXAMINATION WASTE WATER OPERATOR DEPARTMENT WASTE MANAGEMENT SERVICES SALARY $29.46, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION & PUBLIC EMPLOYEES LiUNA Local #177 GENERAL STATEMENT OF DUTIES Technical position responsible for the overall operation and maintenance of the Waste Water Treatment Plant and related facilities as assigned. Will be responsible for performing operational tasks and duties to keep the wastewater plant in compliance with National Pollutant Discharge Elimination System (NPDES) permit compliance requirements. The work is performed under the general direction of the Treatment Operations Foreman and Treatment Operations Supervisor. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. The essential functions are performed according to Standard Operating Procedures. The procedures have been developed for the local jurisdiction based on generally accepted standards for wastewater treatment facilities. 1. Makes operational decisions and adjustments to insure compliance with NPDES permitted requirements. 2. Collects samples for routine lab testing. 3. Records and logs various operational data. 4. Monitors and trouble shoots plant equipment making operational adjustment via plant supervisory control and data acquisition (SCADA) system. 5. Reports need for major equipment repairs. 6. Lifts and carries weights up to one hundred pounds with assistance as needed. 7. Drives light and heavy-duty equipment as assigned. 8. Performs safety standby duties when others are working in confined spaces. 9. Works outside in all weather conditions; works near and around mechanical, hydraulic and electrical hazards; noise level is loud; atmosphere may contain dust, infectious waste, toxic and explosive gases or unfavorable natural ventilation; visibility might be poor and mobility limited. Page 124 of 321 10. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Waste Management Services safety rules and regulations. 11. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Understands concepts of waste water treatment and has the ability to utilize that experience to make operational decisions to maintain system compliance. 2. Ability to make simple mathematical calculations to make operational adjustments as necessary. 3. Ability to assess complex operations problems and make decisions based on standard operating procedures. 4. Ability to understand and follow oral and written directions. 5. Ability to prepare written reports, complete forms and perform required record keeping. 6. Mechanical aptitude. 7. Ability to operate utility vehicles, dump trucks and other automotive and ground maintenance equipment under all types of weather conditions. 8. Ability to work in confined spaces and at considerable heights. 9. Ability to complete daily work sheets and keep thorough operations logs and maintenance records. 10. Ability to communicate effectively and maintain working relationships with other City employees and supervisors. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/equivalent with work experience in one or more of the following. (a.) Operations or maintenance in a water or wastewater organization; (b.) Formal education in environmental science; (c.) Operational or established skill in pumping or mechanical systems. Work experience must be verifiable. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position effectively 2. Preference given to candidates with advanced education, especially those with Iowa Waste Water Treatment certification. 3. Able to obtain State of Iowa Waste Water Operator Grade 1 Certification within 1 year of employment and Grade 2 within 3 years of employment; able to maintain certification - failure to obtain and maintain these certifications as indicated will result in termination of employment. 4. Iowa Driver's License and good driving record based on City of Waterloo driver performance criteria. Must be able to obtain a Class A or B Commercial Driver's License within 6-month probation. 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; Page 125 of 321 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. 5. Must be trained regarding Permit Required Confined Space Program as required by department head duties as assigned. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks including but not limited to lifting and carrying up to one hundred pounds with assistance as needed or to move barrels weighing up to five hundred pounds with proper equipment. 2. Sufficient physical and mental stamina to work double shifts during flooding or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors over the telephone or a radio. 4. Sufficient personal mobility that permits the employee to operate large and small vehicles in all types of weather, move from one waste treatment facility to another and work in cramped spaces or difficult to reach areas. 5. Sufficient manual dexterity and coordination for safe operation of manual and powered equipment; ability to grasp/grip tools, switches and valves. 6. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights on control panels. 7. Sufficient hearing to diagnose machinery problems and to communicate with coworkers. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hardhat, hearing protection, respirator and gloves. 2. Must wear standard uniform as supplied by City 3. Must comply with City of Waterloo Residency Policy for Critical Employees (physically reside within thirty -mile radius of Waterloo City Hall -will be given reasonable compliance period as determined by department head). Must maintain a local telephone number in order to be contacted during emergencies. 4. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 5. 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 this job classification. Failure to pass these tests will result in withdrawal of employment offer. Page 126 of 321 6. The City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position 7. Must submit to and pass Civil Service oral examination. WORK SCHEDULE Scheduled shift is generally 7:00 a.m.-3:00 p.m. with a twenty -minute paid lunch and rotating weekends. Subject to emergency call or longer shifts during flooding or other emergency conditions. OPEN EXAM 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. Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination. WASTE WATER OPERATOR DESCRIPTION 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 127 of 321 PERSONNEL REQUISITION FORM Check as applicable 1 s_, start recruiting err. r►iI server process und•or ® to fill a vao;ancy -Icti,,e t is II Service List f-.Lptrr. __ __ - A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position title: Waste 11 titer t iperator Department: Waste Matutgemeni Services Reports 1 ce Brad Man.thl-As,ILtnt Director -I(' 1 • Main! Work I ()cation: 1.505 Fusion Ave % aterIoo. lA ll.!ULtunettt Status 1 of Portion. e'i00i1 Service Position. Bargaining Positron. Bargaining droop 177 Von -bargaining Position. Regular lull I Erne ❑ l emporar) hill Time from :'•(1Qam to 3 Ofl�ttr ❑ Regular Part rime 0 1 einporar), Part lime IR3m to 0 Regular 7-Month ❑ lnternul.t -op Student from to Yeti C Yeti ❑ 'sio ❑des ❑ %,, !team) nunde¢ V Internal Posting (hni. ® internal Posting and { sternal Advertising Complete the following it the requisition Is to liar a'acanc. New Position or ® Replacement Position for \.cane, due to promotion 11 replacement. ((inner incumbent- ri Retired/Resigned," erminated ❑ 1 ransterr d ® Promoted Date incumbent terminated cmpli,s in tit 1)atc of final pa)s,rn Amu: 'patted Stan date IS \I' \,'. oi Inour, week ork schedule. 7:00a.m. to _1:00p.m. Justification ol need tint position ‘lintmum starting requirement. were established to operate the Waste Management Pltutt and we will lie below that ic.ei What are the consequences lithe position is not tilled? More overtime. not meeting our minimum stalling requirement l In ncie . , f the �,peraiional requirements would be effected. U1PRO%' ALS annual saiary requirement, iio;.,150." ff,�rtrl� franc. ?y.�F6+bgn�.li�� (Benefits I'e+roil,Ilsc, :+cn,1141. hcstrh m, - aw+ntng tr+ri[. • Is position budgeted for this and lunar l-5';' Q Ye: ❑ !so If no. how will position he funded? ? :Approved suh;ect to the folloming conditions. $- it- z.3 tiuhrn 11 r i ikn nmrnr I1.;:w wa ir, 7,U«ef 09115/2023 03.37 PM EDT 09/14/2023 Ptieattn ?Data 'A 02'10PMEDT _ - 09/15/2023 l� Y.c a �wnn 03'33 PM EDT ' heel I1r1 IlClal, rtricr} Ld. '1•3314r1. rc:,.weer• WO.k OA% 09/18/2023 09.11 AM EDT Hnr,,un kc,.:,ir :r. i 41mrn:Il.. • h.rtrrh., Page 128 of 321 PERSONNEL REQUISITION (Waste Water Operator) The following questions are provided as guidelines to assist you in developing your rational for the position of Waste Water Operator in the Waste Management Services Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Waste Water Operator is responsible for overall operation of the Waste Water Treatment facilities for the City. They maintain and control the process of waste water to stay in compliance with our NPDES permit. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No, Waste Water Operators are required to have a Grade II license with the IDNR to operate the plant. (3) How is the work of this position being accomplished now? With current operators. With recent promotions we are short an operator. This position is scheduled to work weekends on a rotating basis with the other operators. This leads to time off during workweek when workload is heavy and staff can be short on help with other employees off with time off as well. This leads to less eyes on running vital equipment and safety issues. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, lots of projects and construction going on to meet requirements. (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)? By providing operational duties and decision making to properly operate the plant, to stay within compliance of NPDES regulations. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? By properly operating the plant always looking for cost control operational strategies. Page 129 of 321 (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? No overtime has been needed to accomplish this work. This position has earned $5K-10K annually from overtime. (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. Staffing has generally remained steady but with future retirements in near future this will put us in position to hire immediately and not lack in help for treatment operations. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. The operations staff will be short on help. This could lead to non-compliance and possible overtime. Operations staff also plays a key role in helping stage equipment during flooding emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Other operators help fill in to help maintain the lost workload while they are out. (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? Not unless the whole treatment staff was outsource with a 3rd party. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Important, waste water continues the need to be treated and it cannot be done without operations staff. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Treatment Operations obviously plays a pivotal role in our biggest Goal and objective of staying in compliance with state and federal regulations. Being properly staffed helps do this. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 130 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Motion approving the appointment of Brian M. O'Connell to the position of Plant Maintenance Mechanic in the Waste Management Services Department, effective December 19, 2023, pending pre -employment physical and drug testing. RECOMMENDED COUNCIL ACTION Approve appointment of Brian M O'Connell to Plant Maintenance Mechanic. 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. MAINTENANCE MECHANIC CS LIST (exp 11.25) Page 131 of 321 2. MAINTENANCE MECHANIC DESCRIPTION 23 3. MAINTENANCE MECHANIC 9.2023 Page 132 of 321 CITY OF %VfATERLOO IOWA Community of Opportunity November 17th, 2023 TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4303 L. Fax: (319) 291-4569 CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Maintenance Mechanic for the City of Waterloo, Iowa WMS. This list shall be used to fill any vacancy in the Maintenance Mechanic classification from November 17, 2023 — November 17, 2025. Respectfully submitted, "3e.VOY? - 3» / 1 \ NTO 11/20/2023 06:02 PM EST CERTIFIED LIST Travis Miller Brian O'Connell Zared Zuzich Dr. Bev Smith Date Dr. Robert Welch Date Marianne Kurten&ach icNEo 11/20/2023 07 04 PM EST Marianne Kurtnebach Date Page3 of 321 CITY OF %WJTERLOO IOWA Community of Opportunity Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the position and following the directions to submit a resume. We will not accept mailed, faxed, hand -delivered or directly mailed resumes. Deadline to submit a resume is noon Friday October 6th. CIVIL SERVICE NOTICE OF WATERLOO, IOWA _____________________CITY OMOTIONAL EXAMINATION PLANT MAINTENANCE MECHANIC DEPARTMENT WASTE MANAGEMENT SERVICES SALARY $30.95, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES Local #177 GENERAL STATEMENT OF DUTIES Skilled technical position responsible for installing, repairing and general maintenance of plant equipment, machinery and facilities at the Pollution Control Plant and City lift stations. The work is performed under the general direction of the Maintenance Foreman and Waste Management Services Directors, but considerable leeway is granted for the exercise of independent judgment. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. The essential functions are performed according to the Standard Operating Procedures. The procedures have been developed for the local jurisdiction based on generally accepted standards for wastewater treatment facilities. 1. Maintains and repairs a variety of equipment, machinery and control systems. 2. Installs and/or performs major mechanical repair of pumps, engines, motors and other auxiliary equipment. 3. Performs electrical, plumbing, and welding to repair equipment. 4. Performs daily field checks of all systems operating equipment for proper operation and needed maintenance. 5. Performs routine preventative maintenance and repair of a variety of equipment and machinery. 6. Performs general building and grounds custodial tasks including painting, mowing, shoveling snow, and repairing windows. 7. Lifts, carries, pushes, pulls items weighing up to one hundred (100) pounds with assistance as needed. 8. Drives light and heavy-duty equipment and vehicles as assigned. 9. Works outside in all weather conditions; works near and around mechanical, hydraulic and electrical hazards; noise level is loud; atmosphere may contain dust, infectious waste, toxic and explosive gases or unfavorable natural ventilation; visibility might be poor and mobility lifted; walking surface Page 134 of 321 may be wet or slippery. 10. May stoop, kneel, reach, turn, crawl, climb or crouch for an extended period of time in a cramped or difficult to reach areas. 11. Enters and works in confined spaces with entry space being as small as twenty-two (22) inches using permanent or portable vertical ladders at a depth of up to forty (40) feet; climbs and works at heights up to fifty (50) feet. 12. Works at different or repetitive workload pace, independently and with others with minimum supervision. 13. Attends work regularly at the designated time and place. 14. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Waste Management Services safety rules and regulations. 15. Performs all other duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Considerable knowledge of standard practices, methods, tools and materials of the mechanical trade. 2. Considerable knowledge of welding, metal work, machine work and related occupational hazards connected with general maintenance operations. 3. Considerable knowledge and skill in use and care of bench and hand tools, machines and equipment of the mechanical trade. 4. Knowledge of occupational hazards and the safety precautions necessary in the operation and maintenance of a pollution control facility. 5. Ability to assess and repair complex maintenance problems using tools, materials and procedures involved in machine, pump, motor and other equipment installation and repair and make decisions based on standard operating procedures. 6. Ability to understand and carry out difficult oral and written instructions. 7. Ability to communicate orally and in writing when required to present facts and recommendations clearly and concisely. 8. Ability to limit exposures to infectious waste, toxic and explosive gases or unfavorable natural ventilation. 9. Ability to complete daily work sheets, keep thorough maintenance records, prepare written reports, complete forms and perform required record keeping. 10. Ability to complete assigned work projects without direct supervision. 11. Ability to communicate with coworkers and supervisors by radio, give and receive instructions, and read, analyze and record complex technical data and computations. 12. Ability to communicate effectively and maintain working relationships with coworkers and supervisors. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/equivalent. 2. Must obtain a Grade I Waste Water Operator Certification from the State of Iowa within twenty- four (24) months of employment; Failure to obtain this certification within the stated time will result in termination of employment. Must maintain this certification after employment. Failure Page 135 of 321 to maintain the appropriate certification will result in disciplinary action up to and including layoff or termination. 3. Minimum two years' experience as machine maintenance mechanic including plumbing, mechanical and electrical experience 4. Must obtain within six month probationary period and maintain Iowa Class A or B Commercial Driver's License. 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; three or more at -fault accidents within a three year period. 5. An applicant's driving record will be reviewed prior to an offer of employment. 6. Must be trained regarding Permit Required Confined Space Program as required by department head 7. Willing to be CPR and First Aid Certified if required by department head. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks including but not limited to lifting and carrying up to one hundred (100) pounds with assistance as needed or to move barrels weighing up to five hundred (500) pounds with proper equipment. 2. Sufficient physical and mental stamina to work double shifts during flood or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors over the telephone and radio. 4. Sufficient personal mobility that permits the employee to operate vehicles in all types of weather, move from one Waste Management Services facility to another and work in cramped spaces or difficult to reach areas. 5. Sufficient manual dexterity and coordination for safe operation of manual and powered equipment; ability to grasp/grip tools, switches and valves. 6. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights on control panels. 7. Sufficient hearing to diagnose machinery problems, to communicate with coworkers and for safety purposes. MISCELLANEOUS 1. Required to wear personal protective equipment, such as safety shoes, safety glasses, hardhat and hearing protection. Page 136 of 321 2. Required to wear standard uniform as supplied by City. 3. Must comply with the City of Waterloo Residency Policy for Critical Employees (must live within 30-mile radius of Waterloo City Hall) within six months of employment. Must maintain a local telephone number in order to be contacted during emergencies. 4. Required to submit to Department of Transportation requirements for CDL driver's including pre -employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 5. 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 this job classification. Failure to pass these tests will result in withdrawal of employment offer. 6. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position 7. Required to submit to and pass Civil Service examination procedures including oral interview testing. May also be required to prove mechanical aptitude. WORK SCHEDULE Generally 7:00-3:00 Monday through Friday, but may be called any hours or days for maintenance related breakdowns, plant emergency or severe weather conditions. Intermittent overtime based on staffing needs. ORAL EXAMINATION 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 EXAMINATION All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. PLANT MAINTENANCE MECHANIC WMS 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 137 of 321 PERSONNEL REQ ISITI N f) 1 reek as apt A proposed job de cript o Human Resources, Position 'ride: Reports To: : t tttto !,rnployinent, tatiS is Civil Bargaining Position-, tip: 177 tin € r i crvi nil guts nc€ Fo art; Regular Full Tin• El Regular Part Tim Regular 7-Mouth plete Ness Po If replacena.trt Appre rated start date:: ation of nfor posit the likely cmtsequene rite Management l hurt. And t bet ON€ Q No 121 No r. of lrrrrr"e1k: 40 'Mc Vac.anc: is due to. Lknreti€i rndgeted for this and € subject to the lu loa 09/15/2023 r�z t w044° SI/E 03:37 PM EDT 09/18/2023 12-cm FeV55 io�''o 09:11 AM EDT r€ ;ess attr 0 span) this rcare 1'. st ded Reernitinest nal Posting nl Intern ttl I'€ stirg and fix ctrk se lrcdule: 7:O0arn to 3;OOput ar Ied? lirrninum siE tr tleafilt.pi 11e11t onditiorts: Quenita Jar( Lu.vi.c.e department. aides. 09/14/2023 02:10 PM EDT 09/15/2023 1/u.vi.w MIT64 03:33 PM EDT to Adve n to A blislted tc sj Ben grrr tatto ded? Page 138 of 321 PERSONNEL REQUISITION Plant Maintenance Meckank Waste Management Services Dept ( I) What are the key job responsibilities of this position? PerjOrms ethical repairs an merhankai equipment et the WWTP and Lift Stations. (2) Can the job responsibilities of this position be assigned to other employees within the ent? If no, why not? No, due to ~ant of equipment in the and skill set required far thaw position. I (3) How is the work of this position being accomplished now? This is a recent vacancy and tow* is not beingperformed (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 longterm basis (if a regular position)? assure critical equOttent is in a satiety fashion. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? fleing abk to properly co e PM's and required maintenance will better insure equipment' is properly maintained and reduce overall costs. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? None - some win* that is not ofa critkal nature is not being contp4eted and that contributes to excessive war. (8) flow has the work load or demands of your department :ed in comparison to your staffing !eves over the past three fiscal years? Provide statistics if possible, The Satellite plata was put into operatkm in last 12 months The WWTP is agatg often requiring more needed maintenance and we have ridded additional storm sewer lift stations needing maintained. (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 • Page 139 of 321 (12) Notet paw possi cost do you coiner the r_ innbent is outer 1r agency? change? + null it be Auld you ran nss in coma "son n d this by the City Court th rynot r nsi ition whenevcr the oye maybe required to urce this position to rty, would the City railize to out on in tams ofi` s Hu * ft cons bution to City ingto your High ;byes for the City adopted nd consent Page 140 of 321 CITY OF TERLOO J "' IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA PROMOTIONAL EXAMINATION PLANT MAINTENANCE MECHANIC DEPARTMENT WASTE MANAGEMENT SERVICES SALARY $30.95, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES Local #177 GENERAL STATEMENT OF DUTIES Skilled technical position responsible for installing, repairing and general maintenance of plant equipment, machinery and facilities at the Pollution Control Plant and City lift stations. The work is performed under the general direction of the Maintenance Foreman and Waste Management Services Directors, but considerable leeway is granted for the exercise of independent judgment. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. The essential functions are performed according to the Standard Operating Procedures. The procedures have been developed for the local jurisdiction based on generally accepted standards for wastewater treatment facilities. 1. Maintains and repairs a variety of equipment, machinery and control systems. 2. Installs and/or performs major mechanical repair of pumps, engines, motors and other auxiliary equipment. 3. Performs electrical, plumbing, and welding to repair equipment. 4. Performs daily field checks of all systems operating equipment for proper operation and needed maintenance. 5. Performs routine preventative maintenance and repair of a variety of equipment and machinery. 6. Performs general building and grounds custodial tasks including painting, mowing, shoveling snow, and repairing windows. 7. Lifts, carries, pushes, pulls items weighing up to one hundred (100) pounds with assistance as needed. 8. Drives light and heavy-duty equipment and vehicles as assigned. 9. Works outside in all weather conditions; works near and around mechanical, hydraulic and electrical hazards; noise level is loud; atmosphere may contain dust, infectious waste, toxic and explosive gases or unfavorable natural ventilation; visibility might be poor and mobility lifted; walking surface Page 141 of 321 may be wet or slippery. 10. May stoop, kneel, reach, turn, crawl, climb or crouch for an extended period of time in a cramped or difficult to reach areas. 11. Enters and works in confined spaces with entry space being as small as twenty-two (22) inches using permanent or portable vertical ladders at a depth of up to forty (40) feet; climbs and works at heights up to fifty (50) feet. 12. Works at different or repetitive workload pace, independently and with others with minimum supervision. 13. Attends work regularly at the designated time and place. 14. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Waste Management Services safety rules and regulations. 15. Performs all other duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Considerable knowledge of standard practices, methods, tools and materials of the mechanical trade. 2. Considerable knowledge of welding, metal work, machine work and related occupational hazards connected with general maintenance operations. 3. Considerable knowledge and skill in use and care of bench and hand tools, machines and equipment of the mechanical trade. 4. Knowledge of occupational hazards and the safety precautions necessary in the operation and maintenance of a pollution control facility. 5. Ability to assess and repair complex maintenance problems using tools, materials and procedures involved in machine, pump, motor and other equipment installation and repair and make decisions based on standard operating procedures. 6. Ability to understand and carry out difficult oral and written instructions. 7. Ability to communicate orally and in writing when required to present facts and recommendations clearly and concisely. 8. Ability to limit exposures to infectious waste, toxic and explosive gases or unfavorable natural ventilation. 9. Ability to complete daily work sheets, keep thorough maintenance records, prepare written reports, complete forms and perform required record keeping. 10. Ability to complete assigned work projects without direct supervision. 11. Ability to communicate with coworkers and supervisors by radio, give and receive instructions, and read, analyze and record complex technical data and computations. 12. Ability to communicate effectively and maintain working relationships with coworkers and supervisors. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/equivalent. 2. Must obtain a Grade I Waste Water Operator Certification from the State of Iowa within twenty- four (24) months of employment; Failure to obtain this certification within the stated time will result in termination of employment. Must maintain this certification after employment. Failure Page 142 of 321 to maintain the appropriate certification will result in disciplinary action up to and including layoff or termination. 3. Minimum two years' experience as machine maintenance mechanic including plumbing, mechanical and electrical experience 4. Must obtain within six month probationary period and maintain Iowa Class A or B Commercial Driver's License. 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; three or more at -fault accidents within a three year period. 5. An applicant's driving record will be reviewed prior to an offer of employment. 6. Must be trained regarding Permit Required Confined Space Program as required by department head 7. Willing to be CPR and First Aid Certified if required by department head. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks including but not limited to lifting and carrying up to one hundred (100) pounds with assistance as needed or to move barrels weighing up to five hundred (500) pounds with proper equipment. 2. Sufficient physical and mental stamina to work double shifts during flood or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors over the telephone and radio. 4. Sufficient personal mobility that permits the employee to operate vehicles in all types of weather, move from one Waste Management Services facility to another and work in cramped spaces or difficult to reach areas. 5. Sufficient manual dexterity and coordination for safe operation of manual and powered equipment; ability to grasp/grip tools, switches and valves. 6. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights on control panels. 7. Sufficient hearing to diagnose machinery problems, to communicate with coworkers and for safety purposes. MISCELLANEOUS 1. Required to wear personal protective equipment, such as safety shoes, safety glasses, hardhat and hearing protection. Page 143 of 321 2. Required to wear standard uniform as supplied by City. 3. Must comply with the City of Waterloo Residency Policy for Critical Employees (must live within 10-mile radius of Waterloo City Hall) within six months of employment. Must maintain a local telephone number in order to be contacted during emergencies. 4. Required to submit to Department of Transportation requirements for CDL driver's including pre -employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 5. 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 this job classification. Failure to pass these tests will result in withdrawal of employment offer. 6. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position 7. Required to submit to and pass Civil Service examination procedures including oral interview testing. May also be required to prove mechanical aptitude. WORK SCHEDULE Generally 7:00-3:00 Monday through Friday, but may be called any hours or days for maintenance related breakdowns, plant emergency or severe weather conditions. Intermittent overtime based on staffing needs. ORAL EXAMINATION 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 EXAMINATION All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. PLANT MAINTENANCE MECHANIC WMS 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 144 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department December 18, 2023 AGENDA ITEM TITLE Frank MCCaw Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2026 (Re -appointment). 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. Boards and Commissions Application - Frank McCaw Page 145 of 321 CITY OF ILLfktTERLOO CITY OF WATERLOO, IOWA `"""' """ BOARDS & COMMISSIONS APPLICATION Date: 5,��7 2oa3 �— titer Mc_Ce-w , request to be appointed to (state preference): (Name) 1. ,t/t tF-M. o a.+ I'-L. 14/ LL COMAAill 5 s (o,v, 2. Home Phone: 319 -.lob- a in I CeII Phone: °171 —371 - 9Jf Work Phone: Email Address 'CO PhC—C-c,,,,_, cg .W)CO' I , c.n,1,t Home Address ?4d iL ,tar mot 5-- 1� o_v i I //- Zip Code �c76 u Employer --! Title -- Employer Address — Zip Cade How long have you resided in Waterloo? yrs Email address: - ct ,vt c c c uJ 0 5 r410,t 1, List current membership in organizations and offices held: GdM LAA--r 'a L c) `( ,z�r 5 MN.Art ,)--Irk Co nn I& i- is s r a til C, 1, - 1,x.)A- ? u-th 5 am available for meetings: A.M. [J�,e.M. Noon Evenings I am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: Ott-5�r Ati *.JA rti 1 PA2 5 Etil "r AEAV16 _!L c91- LeArtit#0 5 St ("Ai Z!P A-i-r L. k4i-+& R i u.r-r A� Additional information and comments that may not be evident from information already on this form: References (include phone numbers): /[/ .L. t,01 t q — 9 5 - B c ku'r F,t rz 3 t q - (>64 - -1 w/ /l1 LL a 3 ! 9 - te rd - S z i,3 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 remajq valid and on file for one calendar year from above date. Signature Rev 02/20/2020 or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor(a7waterloo-iia.orq; PHONE 291-4301 Page 146 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department December 18, 2023 AGENDA ITEM TITLE Melvin Wittwer Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2026 (Re -appointment). 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. Boards and Commissions Application - Melvin Wittwer Page 147 of 321 CITY OF ` T011.00 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: -tDr , j 2. Z I, 1 L.V 114 j , i -r1 (2- , request to be appointed to (state preference): (Namr ` 1. 30) C 'i--.dr-rA I OU4 r9P-.. t AL LLW 2. Home Phone: % '-c 3q -g61Cell Phone: Work Phone: Email Address i L,11 to (2 tAVEC-(,4f c au. Home Address S7 �-ij � -fi' Zip Code �C'� o Employer Caz --t 7Z f� 1 1.1 l T= Title 1,tA Mot: Employer Address r&L-C) Zip Code How long have you resided in W, erloo? yrs Email address: l tL W 4 -i' rt.) etz 1 t Il i , G List current membership in organizations and offices held: -o1J 5(� -'t A) i t' etot- t -1 } X1)4 {J Cam` -rLc 1 it-3 (,. tb-D thi t24La]a M-loft c41J A_A-LC...a AAA, L, ? 5 --- Leg , tiA LLL--c: E3G t2- ovt" A,r! is Dr G . I am available for meetings: A.M. ErP.M. [Noon venings am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: p-oc cr4 Agt L ro&cr c2tg_uk.A. Aid S 41D 'c? t,V Additional information and comments that may not be evident from information already on this form: t 14-4L9a 3 L l- -rata b rr`i' /cJtL-Dto (t-1,vt2-037r, References (include phone numbers): - 6Jti 7 tq -2210 -Sq.45 CPA,/ 6- W F) C446-u t cc? --Z 1 S = 71 vr . 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. Signature or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST.. WATERLOO. IA Page 148 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department December 18, 2023 AGENDA ITEM TITLE Craig White Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2026 (Re -appointment). 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. Boards and Commissions Application - Craig White Page 149 of 321 CITY OF 1 TERLOO CITY OF WATERLOO, IOWA ' ' BOARDS & COMMISSIONS APPLICATION Date: 9/0,3 1:21. 1, C../2„,a-1 (Name) t 1. 4104 UY/ - T ball Roar2. , request to be appointed to (state preference): Horne Phone:o23L-1 l03 Z- Cell Phone: .2l.��7/a Work Phone: Email Address G 1„.." k a�i ,p r a„‘ Home Address /Oal 4, croulA A.-0 Zip Code 1'1 Employer /ee' 'i r'e Title Employer Address --—" Zip Code How long have you resided in Waterloo? 41yrs Email address: List current membership in organizations and offices held: AN.Vice- Y Fa) Arya,e, -rca ro,c7 ,- AA tl - ie fr- I am available for meetings:A.M.M. ]'Noon venings I am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: aCCIs b A) .S.1 e. C? p. vx, / f ek etrearis f171'a►' ,H i0 N 1:xJ ) len% was - Additional information and comments that may not be evident from information already on this form: AC- t ®r � .t } - e_.eA h tr'S 1,A9 (''-t. (ZAcL.31.1 it cv- References (include phone numbers): rileactift,14 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 applicatiwill remain valid and on file for one calendar year from above date. Signatur Rev 02/20/2020 or ETUF jl�J TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayora(),waterloo-ia.orq; PHONE 291-4301 Page 150 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department December 18, 2023 AGENDA ITEM TITLE Randy Miller Board/Commission: Memorial Hall Commission Expiration Date: December 31, 2026 (Re -appointment). 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. Boards and Commissions Application - Randy Miller Page 151 of 321 CITY OF CITY OF WATERLOO, IOWA RL BOARDS & COMMISSIONS APPLICATION Date: 9/23/23 Email Address Home Address 1-i-Lt ' iZe ‹,c111)D 1.- Zip Code 50.0 J Employer 1R,+l( e Title Employer Address Zip Code How long have you resided in Waterloo? r!}L)yrs Ernail address: List current membership in organizations and offices held: hMVT' , request to be appointed to (state preference): (N e) 1.Wake�\oo �� �kci,5 Mew►0601 t\o \ 2. CP M-111'6 z Home Phone: Cell Phone: �7 ( C� 1 - 6` b " 2--)( Work Phone: co" �, ,.►� Q C . Cow root !� I am available for meetings: [NAM z]P.M. Noon []Evenings I am available to serve on a Board/Commission the entire year: ®Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: -�r1Q, Gam(V ` '�e cr \od vv - o'1 Eb o A 0 (4_ 5 u_' ift,j ` C l,r �- D u c o u?� a W ll e e"� b ` `J Additional information and comments that may not be evident from information already on this form: References (include phone numbers): f4e I i'*Ap (le t31 y L is K .t- rhies 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 se/sions. This application will remain valid and on file for one calendar year from above date. Signature jt•-`- Rev 02126/2020 or RETUR TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayorAwaterloo-ia.orq; PHONE 291-4301 Page 152 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Communication from the Public Works Department on the notice of the conclusion of employment of Brian Boesen, Animal Control Officer, effective December 1, 2023, with recommendation of approval of payout of $3,195.99 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. BOESEN PAYOUT 12-18-2023 Page 153 of 321 Page 154 of 321 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET, WATERLOO, IA 50703 Today's Date: 12/4/2023 Effective Date: 12/1/2023 Employment Date: To: City Council Members Re: Notice of Severance Department Animal Control Job Title/Classification Animal Control Officer This is to report that the employment of Brian Boesen with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes O 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 110 $ 26.70 $ 2,937.00 Vacation -Current 8 $ 26.70 $ 213.60 Usable Sick Leave 0 $ - (x) 25% $ - Casual Hours 0 $ - $ - Comp Time Pay 1.7 $ 26.70 $ 45.39 Unscheduled Leave $ - Other Pay 0 $ - $ - Total Payment $ 3,195.99 Approved by SheLZcLStefje / Human Resources 1V (Jck> Fibche2Ls- Date 12/4/2023 Date 12/5/2023 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:_ 12/18/2023 KW❑ Accruals ❑Status Q9 Updated 6/28/11 Page 155 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department December 18, 2023 AGENDA ITEM TITLE Airport Board meeting minutes of October 25, 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 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Airport Board Minutes of October 25, 2023 Page 156 of 321 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, October 25, 2023 I. ROLL CALL Chair, Scott Voigt, called the meeting to order at 12:02 p.m. Board Members Present: Scott Voigt, Gwenne Berry (Zoom), David Deeds, Chris Bering. Board Members Absent: Cary Darrah, Todd Holcomb, Arlene Humble. City Officials Present: Mayor Quentin Hart; Adrienne Miller, Planning; Ray Feuss, Council Liaison (Zoom). City Officials Absent: John Chiles, Council Liaison. Airport Staff Present: Keith Kaspari, Sheila Combs and Rusty Zey. Other Attendees: Doug Schindel and David Hughes, AECOM; Bob Petersen and Tim Newton, Livingston Aviation. II. AGENDA AS RECEIVED OR AMENDED III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Bering asked whether we would be obligated to accept the FAA Grant for a new passenger boarding bridge if our application is approved. Mr. Kaspari stated that we wouldn't be obligated, however at 95% funding, we really wouldn't want to turn it down. He also stated that the Finance Director seemed open to the city helping to fund the 5.0 % match. B. Legislative Information — (Letter to the Current Acting FAA Administrator) Mr. Kaspari encouraged Board members to urge legislators not to sign this pending legislation. C. M isc. Monthly Airport Reports Discussion of AA Stats. Enplanements continue to be disappointing. Mr. Kaspari stated that we will, at the very least, meet the 10,000 enplanements threshold, to allow us to receive the full $1,000,000 in FAA entitlement funds. 1 Page 157 of 321 V. BOARD APPROVAL A. Approval of Minutes of the September 27, 2023 Meeting Mrs. Berry moved approval of the minutes of the September 27, 2023 meeting, seconded by Mr. Deeds. Ayes: 3. Motion carried. B. Motion to Receive and File September 2023 Expenses Mr. Bering moved that the September 2023 expenses be received and filed, seconded by Mr. Deeds. Ayes: 3. Motion carried. VI. OLD BUSINESS A. Board Update: Department Staffing: Board Address by Waterloo Mayor, Quentin Hart Mayor Hart addressed the Board regarding the timeframe and plans to fill the Director's position. He distributed an updated job description and stated that the position will be advertised in November; applications will be screened in December by a committee made up of Human Resources and a few Airport Board members, selecting applicants for phone interviews; and finally narrowing the candidate pool down for in -person interviews with a panel consisting of HR, Board and staff members. He stated that it may not be possible to complete this process by the end of January but he is hopeful that this can be done. B. Board Update: New ALO Airport Security Program Mr. Kaspari updated the Board on the status of ASP sections received, reviewed, and sent on to TSA for review, he will be sending 4 — 6 additional chapters to TSA today. AECOM (Mr. Schindel and Mr. Hughes), Devin Miller (I"SA), Lori Beckman (ASC) and Mr. Kaspari will meet virtually to work on a design plan for which doors need to be replaced and alarmed. Mr. Bering asked for a table of contents to be distributed to Board Members. C. Board Update: Return of GSA Office Lease for TSA Occupancy Effective November 1, 2023 Mr. Kaspari stated that the TSA lease has been signed and returned by the GSA, yet they issued a 4-month lease amendment to the old lease while they complete their improvements to the new office spaces. D. Board Update: Status for the completion of Office/Restroom Renovations in Hangar No. 4 Mr. Kaspari stated that the contractor is not addressing punch list items very promptly. Both he and AECOM are pressuring them to complete the project. Mr. Voigt stated that he knows the company owner personally and will put in a call to him. 2 Page 158 of 321 E. Board Update: BIL-ATP, Grant Application to FAA for Replacement of Passenger Boarding Bridge Mr. Kaspari stated that the application has been submitted. He received positive feedback from the Finance Director about funding the 5.0 % required match. F. Board Update: AECOM Briefing for the Passenger Parking Lot Bid Opening and the Tabulation of Bid Results for the Airport Parking Lot Covered Canopy Project. Discussion of bids, which were only read at the Council meeting. After discussion with Finance on how we can fund the excess on this project (base bid plus bid additives 1 and 2), the bid will be awarded to Peters Construction at the November 6' Council meeting. G. Board Update: Iowa DOT Aviation Bureau Status of Grants -- CSVI and Air Service Sustainment Mr. Kaspari stated that both FY-24 grants have been received. The CSVI grant funds will be used toward the necessary door and alarm upgrades, as required by the new Airport Security Plan. Air Service funds will be used to continue the social media targeted marketing with Advance Media. H. Board Update: Continue Board Review of Airport Board By -Laws. Board consensus was to defer this item until after the new Airport Director starts. I. Board Update: Next FA.A Five (5) Year Reauthorization Bill No update is available yet. VII. NEW BUSINESS A. Board Update: USDOT/EAS Next Steps - Volaire Aviation via Zoom Tim Sieber, from Volaire Aviation, briefed the Board about recent industry developments that could affect airlines' EAS bids. He also provided some insight on what airlines he feels may bid and answered questions. B. Board Discussion: Volaire Aviation — Renewal of Air Service Development Contract Mr. Sieber gave an overview of Volaire Aviation, his background and that of the company partners. The Board consensus was that it would be important to continue to work with Volaire, so this contract should be renewed. 3 Page 159 of 321 C. Board Discussion: Proposed Airline Fee Schedule for Tenant Airline for FY-2024 Mr. Kaspari reviewed the proposed fee schedule and stated that American Airlines requested that we increase our fees at 6% rather than 10% as he prepared his budget for the airports that he oversees. Mr. Deeds moved approval of a 6% increase, beginning with the new EAS air carrier bid, May 1, 2024; seconded by Mr. Bering. Ayes: 3. Motion carried. D. Board Discussion: Kingfisher Aviation I..C. — Update to Improvements to Blue Top Corporate Hangar Bob Petersen explained to the Board that his insurance carrier has requested the installation of a sprinkler system in the Corporate Hangar. Mr. Petersen will provide cost estimates for the sprinkler system at the November meeting. Mr. Petersen also offered to cover the upfront costs, in return for a rent abatement equal to his cost, if the Board preferred to do that. E. Board Discussion: Upcoming Board Meeting to Reflect Upcoming Holidays Mr. Kaspari was asked to email the Board about November and December meeting dates, as only two Board members remained in the room. VIII. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT Hearing no objections, Mr. Voigt adjourned the meeting at 1:54 p.m. Respectful, su.mitted, 4 Page 160 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Housing Authority Department December 18, 2023 AGENDA ITEM TITLE Waterloo Housing Authority Board meeting minutes of November 20, 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 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. WHA Meeting 11-20-2023 Page 161 of 321 WATERLOO HOUSING AUTHORITY, Governing Board Meeting Minutes Monday, November 20, 2023 at 4:45 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Grieder, Boesen, Nichols, Creighton -Smith, Feuss The meeting was called to order at 4:45 p.m.by Chairperson Grieder. Motioned by Dave Boesen and seconded by Rob Nichols to approve the agenda and minutes of the September 18, 2023 meeting as proposed. Ayes: All — Motion Carried New Business Motioned by Dave Boesen, seconded by Rob Nichols to approve changes to the Waterloo Housing Authority's Admission and Continuing Occupancy Policy in accordance with HOTMA (Housing Opportunity Through Modernization Act of 2016). Julie Dawson explained several of the major changes that are part of HOTMA as follows: • Asset limit for all public housing and Section 8 residents of $100,000 (no previous limit) • Can no longer own real property that is habitable — if own at time of admission to the program, they will have 6 months to sell the property and spend down any cash assets to below $100,000. Likewise will have 6 months to spend down assets to below the limit should they be awarded or willed any assets in excess of the limit during their participation in the program. • The medical expense threshold is being increased from 3% to 10%. For elderly households where the head or spouse is 62+ or disabled, they must now spend 10% of their adjusted gross income before receiving a deduction for medical expenses. For current participants already receiving the medical expense allowance, this will be phased - in at 5% the 1st year, 7.5% the 2nd year, and finally 10% the 3rd year. Hardships may also be granted on a case -by -case basis. • Income changes will only be processed for increases in adjusted gross income of over 10%, rather than completing all changes. Changes for decreases in income will be processed for any change. • Several smaller changes are also part of HOTMA, and the proposed ACOP and Administrative Plan will be part of the Waterloo Housing Authority's Annual Plan which will be published for public comment for 45 days beginning the end of January 2024. Finally, Ms. Dawson explained that although the effective date of HOTMA is 1/1/24, HUD has stated that full compliance must be completed by 1/1/25. Due to the magnitude of many of the changes involved, WHA's full compliance date will be dependent upon when their housing software company has made all of the required updates to their systems. Ayes: All Motion Carried Motioned by Ray Feuss, seconded by Dave Boesen to approve changes to the Waterloo Housing Authority's Administrative Plan in accordance with HOTMA (Housing Opportunity Through Modernization Act of 2016). Director Dawson indicated no further comments on this item, as she had discussed them with #1. Ayes: All — Motion Carried Motioned by Rob Nichols, seconded by Ray Feuss, to approve increasing the maximum amount of down payment assistance forgivable loans to $5,000 per participant effective July 1, 2024. Ayes: All — Motion Carried Page 162 of 321 -2- Motioned by Ray Feuss, seconded by Dave Boesen to approve disposing of Public Housing and Section 8 files that are withdrawn or terminated from the program, waiting list files that are withdrawn or transferred to occupancy, and financial records. Ayes: All — Motion Carried Motioned by Rob Nichols, seconded by Dave Boesen to place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Ayes: All — Motion Carried Motioned by Rob Nichols, seconded by Ray Feuss to adjourn the meeting at 4:59 p.m. Ayes: All — Motion Carried JD Page 163 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department December 18, 2023 AGENDA ITEM TITLE Liquor Licenses a. Carlos O'Kellys, 2060 Sovia Dr., Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (Renewal) Exp: 12/30/2024. b. Club Ambassador, 313 W. 5th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 12/15/2024. c. The Comfort Zone, 213 E. 5th Street, Class C Alcohol w/Sunday Sales (Renewal) Exp: 1/17/2024. d. Courtyard By Marriott, 250 Westfield Ave., Class C Alcohol w/Outdoor Service, Catering and Sunday Sales (Renewal) Exp: 11/19/2024. e. Karma Bar, 309 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/14/2024. f. Knights of Pythias, 244 Ash St., Class F Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 11/2/2024. g. Lock At Tower Park, 4140 Kimball Ave., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 9/20/2024. h. Trucker Bar, 1915 Bourland Ave., Class C Alcohol w/Sunday Sales (Renewal) Exp: 12/12/2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 164 of 321 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 165 of 321 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Request by Castle Storage Waterloo No. One to rezone approximately 5.87 acres from "A-1" Agricultural District and "R-2,C-Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District to allow for outside storage at 2551 Logan Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone approximately 5.87 acres from "A-1" Agricultural District and "R- 2,C-Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District. The eastern portion of the project was rezoned from "A-1" Agricultural District to "R-2,C-Z" Conditional Zoning District by Zoning Ordinance 4217 on January 13, 1997. At that time there was a list of conditions put on the property. One of those conditions was there would be no outside storage on the site. In 2015 the applicant made an application for a Site Plan Amendment to remove that condition. The change was recommended for approval by the Planning, Programming, and Zoning Commission. At that time, a letter of conditions needed to be signed by the applicant but never was, so the request was never forwarded to the City Council for approval, but the outside storage area was established, including on a portion of the property zoned "A-1" Agricultural District. Parking requirements for storage facilities should include 1 parking stall per two employees, and the site appears to meet the parking requirement. Hard surfacing will be required to the doors of the storage units along with driveways and parking lots. Other areas for campers, trailers, etc., also have to be hard surfaced, but the staff recommends allowing the use of other materials; however, must be maintained to a dust -free surfacing such as seal coat or recycled asphalt. With the rezoning, the previous conditions would no longer be in effect, as many of the previous conditions no longer apply; however, those that do still apply have been added as conditions to this rezone and additional conditions are being recommended by staff. The Planning Programming and Zoning Commission voted 7-0 to recommend approval of the request at their November 14, 2023 meeting. Page 166 of 321 NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood as the storage facility has been located there since 1997. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming, and Zoning Commission at their November 14, 2023 meeting where they voted 7-0 to recommend approval of the request and notice was sent to property owners within 250 feet. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION UNPLATTED WATERLOO EAST S 10 A SE NE EXC S 125.5 FT & EXC HWY SEC 11 T 89 R 13 ATTACHMENTS 1 Staff Report - 2551 Logan Avenue 2. 2551 Logan Avenue - Al and R2CZ to C2CZ - Rezone Al to M2P - Overview Map 3. 2551 Logan Avenue - Al and R2CZ to C2CZ - Aerial Map 4. Conditions of Zoning 5. Application Page 167 of 321 November 14, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: DEVELOPMENT HISTORY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by Castle Storage Waterloo No. One to rezone approximately 5.87 acres from "A-1" Agricultural District and "R-2,C- Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District to allow for outside storage at 2551 Logan Avenue. Castle Storage Waterloo No. One (Larry P. Corkery), 2551 Logan Avenue, Wateloo, Iowa 50703 The applicant is requesting to rezone the property in question from "A-1" Agricultural District and "R-2,C-Z" Conditional Zoning District to "C-2,C-Z" Conditional Zoning District to allow for outside storage. The request would not appear to have a negative impact on the surrounding neighborhood as the storage facility has been located there since 1997. The request does not appear to have a negative impact on nearby properties or land uses. The site will be accessed from Logan Avenue, which is a Principal Arterial. The nearest trail is the Donald Street trail, located 0.55 miles to the south. There are no sidewalks in the area. The surrounding residential development occurred between 1920 and 2000 and commercial development between 1995 and 2012. A portion of the area is question is currently zoned "A-1" Agricultural District and has been zoned as such since adoption of Zoning Ordinance No. 2479 in 1969. A portion of the area in question is zoned "R-2,C-Z" since being rezoned from "A-1" Agricultural District with adoption of Zoning Ordiance 4217 on January 13, 1997. Surrounding land uses and their zoning are as follows: North — Agricultural and residential zoned "A-1" Agricultural District and "R-2" One and Two Family Residence District. South — Agricultural, residence, and commercial zoned "A-1" Agricultural District, "R-3" Multiple Residence District, and "C-2" Commercial District. East — Logan Avenue/US Highway 63, agricultural land, and residences zoned "A-1" Agricultural District and "R-1" One and Two Family Residence District. West — Agricultural and vacant land zoned "A-1" Agricultural District and "R-3" Multiple Residence District. 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 1 of 6 Page 168 of 321 November 14, 2023 BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: There is no screening required in relation to this request, but a condition of approval requires solid fencing or chain link fencing with slats of the parking area and storage areas to screen the area from view. A drainage plan may be required by the Engineering Department. No portion of the property is located in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0187F, dated July 18, 2011. Lincoln High School is 1.72 miles to the southwest, George Washington Carver Academy is located 0.922 miles to the south, and East High School is 2.32 miles to the south. There is a 10" sanitary sewer line located in Logan Avenue. There is overhead utility lines located along Logan Avenue. 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 2 of 6 Page 169 of 321 November 14, 2023 Picture 1: Castle Storage Picture 2: Existing duplex on site with northern unit being used as an office. 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 3of6 Page 170 of 321 November 14, 2023 Picture 3: Office PURSE DO NOT LITTER Picture 4: Looking toward the back (west) side of he lot. 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 4 of 6 Page 171 of 321 November 14, 2023 RELATIONSHIP TO The Future Land Use Map designates this property as Commercial. COMPREHENSIVE The proposed use is in conformance with the Future Land Use Map LAND USE PLAN: for this area. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan, approved on August 21, 2023. STAFF ANALYSIS The applicant is requesting to rezone approximately 5.87 acres from ZONING "A-1" Agricultural District and "R-2,C-Z" Conditional Zoning District to ORDINANCE: "C-2,C-Z" Conditional Zoning District. The eastern portion of the project was rezoned from "A-1" Agricultural District to "R-2,C-Z" Conditional Zoning District by Zoning Ordinance 4217 on January 13, 1997. At that time there was a list of conditions put on the property. One of those conditions was there would be no outside storage on the site. In 2015 the applicant made an application for a Site Plan Amendment to remove that condition. The change was recommended for approval by the Planning, Programming, and Zoning Commission. At that time, a letter of conditions needed to be signed by the applicant but never was, so the request was never forwarded to the City Council for approval, but the outside storage area was established, including on a portion of the property zoned "A-1" Agricultural District. Parking requirements for storage facilities should include 1 parking stall per two employees, and the site appears to meet the parking requirement. Hard surfacing will be required to the doors of the storage units along with driveways and parking lots. Other areas for campers, trailers, etc., also have to be hard surfaced, but the staff recommends allowing the use of other materials; however, must be maintained to a dust -free surfacing such as seal coat or recycled asphalt. With the rezoning, the previous conditions would no longer be in effect, as many of the previous conditions no longer apply; however, those that do still apply have been added as conditions to this rezone and additional conditions are being recommended by staff. The Planning Programming and Zoning Commission voted 7-0 to recommend approval of the request at their November 14, 2023 meeting. There is no platting in relation to this request. STAFF ANALYSIS SUBDIVISION ORDINANCE: 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 5 of 6 Page 172 of 321 November 14, 2023 TECHNICAL Knutson noted the Engineering Department will need a formal site REVIEW plan and drainage plan before the request is forwarded to City COMMITTEE: Council. The first notice of violation from the Engineering Department was sent to the applicant in August of 2021 and no issues have been solved since the first letter. Schroeder asked if there is detention for the additions, to which Knutson stated there is no detention on site and no plan has been submitted for detention. STAFF Therefore, staff recommends that the request by Castle Storage RECOMMENDATION Waterloo No. One to rezone approximately 5.87 acres from "A-1" Agricultural District and "R-2,C-Z" Conditional Zoning District to "C- 2,C-Z" Conditional Zoning District to allow for outside storage at 2551 Logan Avenue, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area 3. The zoning is consistent with the Future Land Use Map for the area. With the following conditions: 1. That a minimum of a 6' tall buffer is provided to screen the parking area and storage areas from adjoining properties to the north and south and the buffer shall consist of a solid fence or chain link fence with slats. 2. Outside storage is only allowed within the areas west and south of the westerly two existing storage buildings. 3. Hard surfacing will be required to the doors of the storage units along with driveways and parking lots. Other areas for campers, trailers, etc., can be of other material; however, they must be maintained to a dust -free surfacing, such as seal coat or recycled asphalt. 4. A formal site plan and drainage plan be submitted to the Engineering Department and executed. 5. The site may be used for any use permitted in the "C-2" Commercial District except that no Alcohol Sales or Adult Entertainment will be allowed at the site. 2551 Logan Avenue - Rezone "A-1" & "R-2,C-Z" to "C-2,C-Z" Page 6 of 6 Page 173 of 321 City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 .1 2551 Logan Avenue Rezone from "A-1" & "R-2,C-Z" to "C- 2,C-Z" Castle Storage Waterloo No. One Thgc 17.4nf'911 City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 '`,STCROIXDR' 2551 Logan Avenue RALSTON RD 2551 Logan Avenue Rezone from "A-1" & "R-2,C-Z" to "C- 2,C-Z" Castle Storage Waterloo No. One f�...... IC ...1 0')I terloo. IA 50703 0 0 rn To: Aric A. Schroed a PI ccs C7 CONDITIONS OF Z O '_' U 0 U U 0 � bA 0 Q U_ c0 o 7A `V _U 0 O Q t b 0 - U '0 o 0 ad ; C.)o0 ms = U N N 00 0 bNA 0 U cad c� N N N. 3 j U ., 0o PP -o • .o4 � O o cd ° N O 4, N'O O l. N U ,.o r 0 �0 0 0 a 0 r�i� . .0L ad kn o a �: ,i' O 0. U 0 0': p'J al O i..' N Q 0 U U bA a) UUp F ° O '0 d U )0. o ad 2 `/� C a. Q O o f� trn U 'cJ coo WW0 *� WW N >-. xv •E qN N O UNPLATTED WATERLOO EAST S 10 A SE NE EXC S 125.5 FT & EXC HWY SEC 11 T 89 R 13 HEREBY agree to the following conditions on the above -described Property: O 0 0 NO bA � �" O 0 CA U "0 0 4.4 'm d 0 I 0 no :,.. : : .7 c. . . ); "4 U ', tom. el) "O0 G4 `n `A U 1.): O '7c. .; U U O O 1., Q O v, s Y F, 'cy *Cy 2ct. bA a. U O 4~ 0 'n O o — cad •, O •ti 0 • f".A 2 •� "d + - 0 U 7C m �, • ,74 v) �, •.0 U Ci o cf. 0 U �" U r-' U O U 0 a1-' 0 cd 0 E'. e. n' +7 g 1 O '' 0 72 m bA 0 Q Q N a� 5 -' z'� °° s.•v� U UC bA bA a iN c' Cj >O O U No G O — En C= vUi : U .73 0 U il rn 0 s3.' Cd 0 E bA y ' cd , cd [V O U x. O O ..� ' , 0 0 o U O. i f-1 P U p 3 bA • cd 3 6] •O 0. O cci b O N O Uca ��- O O `�' cad 4 :70. Y 2 "d P. VI VI 0 0:2: O ram, ,--' .. r. 1--- ,..o i••' 0 v°i U 0 P•' U 30 O O U 4. O U rn U O\ O 15. by o Z °' CS d 0CZ1 D '-n 'U -° d :� O O °° >, 0 0 U U y U r-. 0 cnn �, O cC cd 4+ "' U z U �' 'b U 0 .., czd 0 O ''(In) .10 �A N 0 ccdd 0' c 5^ t�tl P.. .0fil 0: 1-4 "2 ccdd c,R_1• O U 0 p • V b O 0 Nib r.. z Ox dHQ ,.d °•. oLi R, 04� o-at N M ct V1 wz O rn P. U cd O U U O ° 2 •= o°' w 4-'' a°''i 0 ,Z F. s . Q, H q by V1 O +-' U 'O P•e Agreed to this 0 day of COI 0 ° 1-4 U U 0 U 4- U 60 g O cd U '0 O g O 04-0 at 0 zo Y U 1 gA 0 o 0 4° .0 0 N d Conditions of Zoning — 2551 Logan Avenue Page 176 of 321 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name -- Business Name if Applicable (please print Sowa.366 t(1 esaiaer Win , eM/t 6'�j l" 4 Address: '5/ Lap, 4� Phone: S / 9 39..oco Fax: City: 1.aldCcru State: 4-� Zip: 509-03 Email: b. Status of applicant: (a) Owner L. (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: Lc- J AA5 b. Legalescription of property to be rezoned: V N 1902 7�'� l/' Jfi"7+e („<.)G 7 $ i C7 Sr G S 12 5, 5 7, $ 4- L`k c ilLuv c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zo ' g Boundary (Excluding Right of Way): e. Current zoning: K� , (- 0--1 Requested zoning: C— at G- 2 f. Reason(s) for rezoning and proposed use(s) of property: O0l S �d - g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commissi. • and the Waterloo City Council in making the' recision. The undersigned authori = City Zoning Offic'. t r the property in que ' in in gards test. it a9 gratur= of Applicant Date wner Da e Page 177 of 321 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Request by the City of Waterloo to vacate an existing 50-foot sanitary sewer easement, generally located at and north of 3301 Greyhound Drive. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to vacate a 50' sanitary sewer easement located on and north of the property of the Love's Travel Center. The sanitary sewer line that was located in the easement was relocated along Titan Trail in conjunction with the construction of the Love's Travel Center. The request originally came before the Planning, Programming, and Zoning Commission back on December 1, 2015. However, the request was never forwarded to City Council due to changes in the originally planned vacate area. The Planning, Programming, and Zoning Commission voted 7-0 to recommend approval of the request at their November 14, 2023 meeting. NEIGHBORHOOD IMPACT The request does not appear to have a negative impact on the neighborhood or surrounding land use as the existing utilities and easement have been relocated. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The item was reviewed by the Planning, Programming, and Zoning Commission at their November 14, 2023 meeting where they voted 7-0 to recommend approval of the reqeust. SOURCE OF EXPENDITURES N/A Page 178 of 321 ALTERNATIVE ACTION LEGAL DESCRIPTION SANITARY SEWER EASEMENT VACATE DESCRIPTION: That portion of a Sanitary Sewer Easement labeled as Easement Exhibit B in document number 2010-21260 in the Black Hawk County Recorder's Office and located in the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4), Section Six (6), Township Eight -eight (88) North, Range Thirteen (13) West of the 5th PM, now being within Lots 1 and 3, Greenbelt Centre Plat No. 7, City of Waterloo, Black Hawk County, State of Iowa, being described as follows: Commencing at the Southwest Corner of the Northwest Quarter of the Southeast Quarter of said Section Six; thence North 89°24'48" East 268.10 feet along the south line of the said Quarter Quarter to the easterly right-of-way line of Greyhound Drive and the southwest corner of said Lot 1, Greenbelt Centre Plat No. 7; thence northwesterly 261.95 feet along said right-of-way line along a curve with radius of 576.62 feet concave easterly and a long chord bearing North 13°26'27" West 259.70 feet; thence North 00°28'30" West 139.00 feet along said right-of-way line to a northwesterly corner of said Sanitary Sewer Easement Exhibit B; thence North 89°34'26" East 30.00 feet along a north line of said Easement Exhibit B to the point of beginning of this description; thence continuing North 89°34'26" East along said north line 261.31 feet; thence North 35°13'06" East 729.46 feet to the north line of said Lot 3, Greenbelt Centre Plat No. 7; thence North 89°29'00" East along said north line 61.60 feet; thence South 35°13'06" West 791.09 feet; thence South 89°34'26" West 286.95 feet; thence North 00°28'30" West 50.00 feet along a line parallel with and 30 feet normally distant from the said east right-of-way line of Greyhound Drive to the point of beginning containing 51,718 square feet (1.19 acres). ATTACHMENTS 1 50' San Sewer easement vacate Staff Report 2. At and north of 3301 Greyhound Drive - easement Vacate - Overview Map 3. At and north of 3301 Greyhound Drive - easement vacate - aerial map 4. Greenbelt 7th Sewer Easement Vacate_DRAFT 5. Application Page 179 of 321 November 14, 2023 REQUEST: Request by the City of Waterloo to vacate an existing 50' sanitary sewer easement, generally located at and north of 3301 Greyhound Drive. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is proposing to vacate a 50' sanitary sewer easement DESCRIPTION: located on the current Love's facility as the sewer line has been relocated and the easement is no longer needed. The request does not appear to have a negative impact on the neighborhood or surrounding land use as the existing utilities and easement have been relocated. IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & The request would not appear to have a negative impact on vehicular PEDESTRIAN TRAFFIC and pedestrian traffic movements in the area. CONDITIONS: RELATIONSHIP TO The Sergeant Road Trail is adjacent to the east of the property in RECREATIONAL TRAIL question. PLAN: RELATIONSHIP TO COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The request would appear to be in conformance with the Complete Streets policy. The site in question is zoned "B-P" Business Park District and has been since the adoption of the zoning ordinance 4899 on March 3, 2008. The surrounding properties zoning and uses as follows: North: "B-P" Business Park District- Vacant properties and commercial properties. East: "M-1" Light Industrial District- Highway 63 and commercial businesses South: "M-1" Light Industrial District- Highway 63 & Highway 20 West: "B-P" Business Park District- Greyhound Drive and vacant land. DEVELOPMENT Commercial development has been taking place for the past 15 years. HISTORY: BUFFERS/ There would not be any screening requirements for this request. SCREENING REQUIRED: DRAINAGE: There will be no effect on drainage with this request. FLOODPLAIN: The property is located within the 100-year special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 284F, dated July 18, 2011. The vacate will have no effect on the floodplain. PUBLIC /OPEN There are no parks or open spaces located within the immediate SPACES/ SCHOOLS: vicinity of the area. 12.1.15 sanitary easement vacate Deer Creek Development Page 180 of 321 November 14, 2023 Picture 1: Looking south from Titan Trail at the vacate area. Picture 2: Southern location of vacate area just north of Love's Travel Center main building. 12.1.15 sanitary easement vacate Deer Creek Development Page 181 of 321 November 14, 2023 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: There are 12" sanitary sewer lines in Titan Trail and Greyhound Drive. There are also three 48" storm sewer lines located to the east of the Love's property. Overhead power lines are located along the Sargeant Road trail to the east of the property in question. The Future Land Use Map (August 21, 2023) designates this site as Business Park: Professional Offices, Commercial with Compatible Light Industrial. The request would be in conformance with the goals and policies of the Comprehensive Plan. Also, the request would be in conformance with the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The applicant is requesting to vacate a 50' sanitary sewer easement located on and north of the property of the Love's Travel Center. The sanitary sewer line that was located in the easement was relocated along Titan Trail in conjunction with the construction of the Love's Travel Center. The request originally came before the Planning, Programming, and Zoning Commission back on December 1, 2015. However, the request was never forwarded to City Council due to changes in the originally planned vacate area. The Planning, Programming, and Zoning Commission voted 7-0 to recommend approval of the request at their November 14, 2023 meeting. There were no comments from the Technical Review Committee on this request. There is no platting in relation to this request. Therefore, staff recommends the request by the City of Waterloo to vacate an existing 50' sanitary sewer easement, generally located at and north of 3301 Greyhound Drive, be approved for the following reason(s): 1. The request would not appear to have a negative impact upon the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian or vehicular traffic conditions in the area 3. The easement and sanitary line has been relocated to a more appropriate area. 12.1.15 sanitary easement vacate Deer Creek Development Page 182 of 321 City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 At and North of 3301 Greyhound Drive Easement Vacate City of Waterloo f'pg� 1R� pf �211 City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 At and North of 3301 Greyhound Drive Sanitary Sewer Easement Vacate City of Waterloo n 40A ..L 0)014 I uyc I vc I Index Legend Location Description: NW 1/4 SE 1/4, Sec. 6, T88N, R13W Lot 1 & 3, Greenbelt Centre Plat No. 7 City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: Loves Travel Stop & Country Store (Lot 1) & Prairie Legacy Ventures LLC (Lot 3) Surveyor: William W. Castle Surveyor Company & Return To: City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Sanitary Sewer Easement Vacate NW 1/4 SE 1/4 Section 6, Township 88 North, Range 13 West, 5th PM Lots 1 and 3, Greenbelt Centre Plat No. 7 City of Waterloo, Black Hawk County, Iowa SANITARY SEWER EASEMENT VACATE DESCRIPTION: That portion of a Sanitary Sewer Easement labeled as Easement Exhibit B in document number 2010-21260 in the Black Hawk County Recorder's Office and located in the Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4), Section Six (6), Township Eight -eight (88) North, Range Thirteen (13) West of the 5th PM, now being within Lots 1 and 3, Greenbelt Centre Plat No. 7, City of Waterloo, Black Hawk County, State of Iowa, being described as follows: Commencing at the Southwest Corner of the Northwest Quarter of the Southeast Quarter of said Section Six; thence North 89°24'48" East 268.10 feet along the south line of the said Quarter Quarter to the easterly right-of-way line of Greyhound Drive and the southwest corner of said Lot 1, Greenbelt Centre Plat No. 7; thence northwesterly 261.95 feet along said right-of-way line along a curve with radius of 576.62 feet concave easterly and a long chord bearing North 13°26'27" West 259.70 feet; thence North 00°28'30" West 139.00 feet along said right-of-way line to a northwesterly corner of said Sanitary Sewer Easement Exhibit B; thence North 89°34'26" East 30.00 feet along a north line of said Easement Exhibit B to the point of beginning of this description; thence continuing North 89°34'26" East along said north line 261.31 feet; thence North 35°13'06" East 729.46 feet to the north line of said Lot 3, Greenbelt Centre Plat No. 7; thence North 89°29'00" East along said north line 61.60 feet; thence South 35°13'06" West 791.09 feet; thence South 89°34'26" West 286.95 feet; thence North 00°28'30" West 50.00 feet along a line parallel with and 30 feet normally distant from the said east right-of-way line of Greyhound Drive to the point of beginning containing 51,718 square feet (1.19 acres). Survey Notes: 1. This exhibit and description have been created to vacate a portion of an existing 50' sanitary sewer easement that was noted to be vacated on the Greenbelt Centre Plat No. 7 final plat. 2. No field survey work conducted for this exhibit and easement vacation description. Dimensions and bearings shown are from the Greenbelt Centre Plat No. 7 final plat and a Sanitary Sewer Permanent Easement per Black Hawk County Recorder's Office Doc. No. 2010-21260. 3. All dimensions are in US Survey feet and decimals thereof. 4. Vacated easement area: 51,718 square feet (1.19 acres). I hereby and my direct certify the related personal that survey this surveying work supervision document was performed and was prepared by me or under that I am a duly licensed . P RE William W. Castle, PLS Date License Number 19715 My License Renewal Date is December 31, 2023. Pages or sheets covered by this seal : City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 200' Field Work Date: Date Drawn:10-20-2023 Sheet No. 1 of 2 f egc 10 , of 321 William W. Castle, PLS City of Waterloo Engineering Department 715 Mulberry St, Waterloo, IA 50703 (319) 291-4312 GREYHOUND DRIVE 30' SANITARY SEWER EASEMENT PER EXHIBIT "C" DOC. #2010-21260 760.67' & S 00°28'30" E & L2 L3 30' SANITARY SEWER EASEMENT PER EXHIBIT "B" DOC. #2010-21260 Sanitary Sewer Easement Vacate NW 1/4 SE 1/4 Section 6, Township 88 North, Range 13 West, 5th PM Lots 1 and 3, Greenbelt Centre Plat No. 7 City of Waterloo, Black Hawk County, Iowa GREENBELT CENTRE PLAT NO. 8 LOT8 50' SANITARY SEWER EASEMENT PER EXHIBIT "B" DOC. #2010-21260 TRACT 8 LOT9 (61.60') N 89°29'00" E & 692.39' & S 89°29'00" W & TITAN TRAIL 60' ROW 362.31' & S 89°29'00" W & LOT 2 GREENBELT CENTRE PLAT NO. 7 SANITARY SEWER EASEMENT TO BE VACATED POB (261.31') (N 89°34'26" E) N 89°31'18" E $ 291.11' S (291.31') \\\\\ \\\1 (286.95' S 89°34'26" W) 286.75' $ S 89°31'18" W $ LOT 1 C1 GREENBELT CENTRE PLAT NO. 7 327.49' & N 89°28'13" E & 268.10' N & 89°24'48" E& 268.70' N $ 89°27'09" E$ POC SW CORNER NW 1/4 SE 1/4 SEC. 6-88-14 boy 422 36' & S 89°29'00" W & — — (354.60') — 50' SANITARY SEWER EASEMENT PER EXHIBIT "B" DOC. #2010-21260 30' SANITARY SEWER EASEMENT PER EASE BK 4, PG. 928 Survey Notes: 1. This exhibit and description have been created to vacate a portion of an existing 50' sanitary sewer easement that was noted to be vacated on the Greenbelt Centre Plat No. 7 final plat. 2. No field survey work conducted for this exhibit and easement vacation description. Dimensions and bearings shown are from the Greenbelt Centre Plat No. 7 final plat and a Sanitary Sewer Permanent Easement per Black Hawk County Recorder's Office Doc. No. 2010-21260. 3. All dimensions are in US Survey feet and decimals thereof. 4. Vacated easement area: 51,718 square feet (1.19 acres). co co 48/ (6.16') N 89°29'00" E & 0 100 200 Scale: 1 inch = 200 feet Plat Legend: A Section corner monument & Per Greenbelt Centre Plat No. 7 $ Per Easement Doc. #2010-21260 123.45' Record Measurement (123.45') Field Measurement LINE TABLE LI NE LENGTH (SURVEY) LENGTH (RECORD) BEARING (SURVEY) BEARING (RECORD) L1 139.00' 139.00'S N 0°28'30" W& N 0°28'46" W S L2 30.00' 30.00' S N 89°34'26" E N 89°31'18" E S L3 50.00' N 0°28'30" W CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD RECORD C1 261.95' & 572.62' & 26°01'44" & N 13°26'27" W & 259.70' & City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 200' Field Work Date: Date Drawn:10-20-2023 Sheet No. 2 of ugc 10C of 321 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 El Sale of City -Owned Property Applicant: City of Waterloo Address: 715 Mulberry Street Email: noel.anderson@waterloo-ia.org General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Sanitary sewer easement on and north of 3301 Greyhound Drive. Legal description of area to be conveyed, vacated, or encroached: Phone No.: 319-291-4366 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 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: e a site plan and/or aerial photo of the area to be vacated if the request involves as the reason for the request. /Or 3(,23 Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 187 of 321 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE MEETING DATE December 18, 2023 Request by the City of Waterloo to vacate approximately 1,613 square feet of city -owned alley right- of-way in the "M-1" Light Industrial District located adjacent to 54 Lane Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to vacate an approximately 1,613 square foot alley located adjacent to 54 Lane Street. There are no known utilities within the vacate area. The area is not needed for city right-of-way. The vacate of the alley will help redevelopment efforts for the site at 54 Lane Street. The alley currently dead ends at the building located at 54 Lane Street and does not serve a purpose as public right- of-way. The City of Waterloo recently purchased the property and intends to redevelop the property. The Planning, Programming, and Zoning Commission unanimously recommended approval of the request at their regular meeting on November 14, 2023. NEIGHBORHOOD IMPACT The request to vacate would not appear to have a negative impact on vehicular traffic conditions in the area as the alley dead ends at the 54 Lane Street property and is not used for public right-of-way. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 188 of 321 LEGAL DESCRIPTION Description — alley vacate: That part of the 20 foot alley as platted in Block 14 of Lane and Fowlers Second Addition adjoining Lots 4, 5, 6 and 7, except the East 40 feet thereof. ATTACHMENTS 1. Council Packet 2. Legal Alley Vacate adjacent to 54 Lane St Page 189 of 321 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 the City of Waterloo to vacate approximately 1,613 square feet of city -owned alley right-of-way in the "M-1" Light Industrial District located adjacent to 54 Lane Street. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to vacate an approximate 20' x 80' (1,613 square foot) alley for the future redevelopment of the property at 54 Lane Street. The request to vacate would not appear to have a negative impact on the surrounding neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic conditions in the area as the alley dead ends at the 54 Lane Street property and is not used for public right-of-way. There are sidewalks along both sides of Lane Street and Lafayette Street. The Cedar Valley Lakes Trail is located approximately 0.20 miles to the south of the site in question. The site is zoned "M-1" Light Industrial District and has been zoned as such since it was rezoned from "M-2" Heavy Industrial District on April 22, 1991. Surrounding land uses and their zoning are as follows: North — Residences, zoned "M-1" Light Industrial District and "R-3" Multiple Residence District South — C&A Transport, zoned "M-1" Light Industrial District. East — Waterloo Women's Center for Change and Northeast Iowa Food Bank, zoned "M-2" Heavy Industrial District West — Vacant land, zoned "M-2" Heavy 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 area is composed of industrial and commercial buildings built in the early 1900's and the late 1900's to early 2000's. The residences in the area were built in the late 1800's and the early 1900's. The vacate area is located within Zone X "Protected by Levee" as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0188F, dated July 18, 2011. 48 Page 190 of 321 Picture 1: Looking from Lane Street at the alley to be vacated. Picture 2: Looking from Lane Street to alley to be vacated. PUBLIC /OPEN Highland Elementary School is located approximately 0.93 49 Page 191 of 321 SPACES/ SCHOOLS: miles to the east and East High School is 0.58 miles to the northwest. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Lafayette Park is located approximately 0.38 miles to the southeast of the area. An 8" sanitary sewer is located within Lafayette Street. There are no utilities located within the alley to be vacated. The Future Land Use Map designates this 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 an approximately 1,613 square foot alley located adjacent to 54 Lane Street. There are no known utilities within the vacate area. The area is not needed for city right-of-way. The vacate of the alley will help redevelopment efforts for the site at 54 Lane Street. The alley currently dead ends at the building located at 54 Lane Street and does not serve a purpose as public right-of- way. The City of Waterloo recently purchased the property and intends to redevelop the property. There were no comments from the Technical Review Committee in relation to this request. There is no platting in relation to this request. Therefore, staff recommends the request by the City of Waterloo to vacate approximately 1,613 square feet of city - owned alley right-of-way in the "M-1" Light Industrial District located adjacent to 54 Lane Street, 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 as the alley dead ends at the 54 Lane Street property. 3 The area to be vacated is not needed for public right-of- way. 50 Page 192 of 321 City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 11 Q-ALMOND ST 1 R-3 'RANT-AVE-Q—O z )LEAVITT ST-g I � Q R-3 it--cn�= WILLISTONAVE! -o — Q-BERTCH AVE R-2 7-14 LIME ST—) 1- O 0 0 FOREST AVE \1_14,'3 C-21C-Z R 3 VINE ST M-1 GLENWOOD ST z 1C-2� M-1 FOWLER ST R-2-; C-Z �Z4TFR ST —� VINE S II W -PROSPECT AVE- 1 MULBERRY ST-- ARCHER AVE BUTLER AVE— z Z C-1 ALBANY•ST—C-1 1'C_Z 0 ALTA•VISTAAVE- 2� II �INDEPENDENCE AVE - [C11 MADISONIST— �MONROE ST- POLK ST- M1 O CC O 0 U FSy- DEARBORNAVE - 1 M-1 R- ` C-1 ,C-Z 1 EIGHMEY• STT R-2 Adjacent to 54 Lane Street ROW Vacate City of Waterloo 51 ..f 0'1 City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 Adjacent to 54 Lane Street ROW Vacate City of Waterloo 52 Thgc 1�14of"01 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 Applicant (Business Name if Applicable: G Address: 7is mu1 , Oak(;`�A ��i()3 PhoneNo.: OIL!) i 1 3�Em 1' atl: General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Ia(3 ACIteliv4- Io a,-)4 Lang. c3i 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 ofProperty 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 folio . ' easement shall be retained: th ' lease prov a si e plan and/or aerial photo of the area to be vacated if the request involves 1 constr e reason for the request. Applica 'Print Name *Not required for easement vacates sidewalk vacates or Encroachment Agreements kpisQ.231) /6,2D,923 Date 53 Page 195 of 321 Description — alley vacate: That part of the 20 foot alley as platted in Block 14 of Lane and Fowlers Second Addition adjoining Lots 4, 5 6 and 7, except the East 40 feet thereof. Page 196 of 321 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Acquisition of property (right-of-way, permanent easements, and temporary easement) for the La Porte Road Reconstruction Phase I Project generally located on La Porte Road between East Shaulis Road and just north of Bopp Street. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is looking to move forward with the reconstruction of La Porte Road between East Shaulis Road and just north of Bopp Street, which will include the need to acquire property from abutting property owners, including some right-of-way, permanent easements, and temporary easements. Most of the acquisition areas are just temporary easements, with the right-of-way acquisitions being small areas at a couple of street intersections. The project will include federal funding, and as a federal aid project, there are certain steps that have to be followed for the acquisition, including the holding of this public hearing, to which notice must be mailed to certain impacted property owners and notice must be published. Following the public hearing, the Council will then vote on whether to proceed with the project, to make final selection of the location, to authorize funding for the public improvement project, and determine that there is a reasonable expectation the city will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits. If approved, the City of Waterloo will offer to purchase said property and easements from the property owners for no less than the fair market value of said property interests, and if negotiations are unsuccessful then the City of Waterloo will acquire the property and easements in accordance with the condemnation procedures prescribed by Iowa Law. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 197 of 321 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1 Notice for publication 11-14-23 2. Notice Letter mailed 11-17-23 3. 2023- -12.18.2023 - Reso approving condemnation (La Porte Road Phase 1) 12-18-23 Page 198 of 321 NOTICE OF PUBLIC HEARING FOR PROPOSED PUBLIC IMPROVEMENT Notice is hereby given that on December 18, 2023 at 5:30 p.m. in the council chambers in city hall in the City of Waterloo, Iowa, a public hearing will be held on the proposal to acquire ownership to approximately 0.009 acres, to acquire permanent easements to approximately 0.114 acres, and to acquire temporary easements over approximately 1.909 acres for the La Porte Road Reconstruction Phase 1 Project. The subject properties are generally located on La Porte Road between East Shaulis Road and just north of Bopp Street. The City of Waterloo may acquire part or all of the above -described property interests by condemnation. Following public hearing as described herein, the City of Waterloo will vote on whether to proceed with the project, to make final selection of the location, to authorize funding for the public improvement project, and determine that there is a reasonable expectation the city will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits. If approved, the City of Waterloo shall offer to purchase said property and easements from the property owners for no less than the appraised value of said property interests, and if negotiations are unsuccessful then the City of Waterloo shall acquire the property and easements in accordance with the condemnation procedures prescribed by Iowa law. Questions about the project should be directed to Aric Schroeder, Community Planning and Development, 715 Mulberry Street, Waterloo, IA 50703, phone (319) 291-4366. Kelley Felchle City Clerk Page 199 of 321 CITY OF yWATERLOO Planning & Zoning November 17, 2023 715 Mulberry St, Waterloo, IA 50703 Phone: (319) 291-4366 CITYOFWATERLOOIOWA.COM RE: Notice of intent to commence a public improvement project to construct the La Porte Road Reconstruction Phase I project from East Shaulis Road to just north of Bopp Street and to acquire property for the project Dear Property Owner or Tenant, The City of Waterloo is proposing to commence a public improvement project, which includes the reconstruction of La Porte Road from East Shaulis Road to just north of Bopp Street, and will include acquisitions of right-of- way (fee title) as well as both a permanent and temporary easements. Properties acquired for the project will be used for roadway and utility right-of-way. A Public Hearing will be held by the City Council on Monday, December 18, 2023, in the Harold E. Getty Council Chambers on the second floor of City Hall, 715 Mulberry Street If the above -described project is approved by the City Council, the City of Waterloo will be required to acquire property for the project improvement. Private property or portions of private property may have to be acquired for the project, and may be acquired by purchase or condemnation. The City of Waterloo will attempt to purchase the required property by good faith negotiations, but may condemn those properties, which it is unable to purchase. The proposed location of the above -described public improvement is shown on a conceptual drawing, which is available in the office of the Planning and Zoning Department at City Hall, 715 Mulberry Street, and is available for public inspection. The City Council will also approve a preliminary or final route or site location of the proposed public improvement, and make a finding that there is a reasonable expectation that the City will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits. Just as the law grants certain entities the right to acquire private property, you, as the owner of the property, have certain rights. Please see attached for a Statement of Rights. If you have any questions on this matter, please contact Aric Schroeder at the number and address listed above. Thank you for your time. Respectfully, Aric A. Schroeder, City Planner lo(1/.4 Page 200 of 321 NOTICE OF PUBLIC HEARING FOR PROPOSED PUBLIC IMPROVEMENT Notice is hereby given that on December 18, 2023 at 5:30 p.m. in the council chambers in city hall in the City of Waterloo, Iowa, a public hearing will be held on the proposal to acquire ownership, to acquire permanent easements, and to acquire temporary easements for the La Porte Road Reconstruction Phase 1 Project. The subject properties are generally located on La Porte Road between East Shaulis Road and just north of Bopp Street. The City of Waterloo may acquire part or all of the above -described property interests by condemnation. Following public hearing as described herein, the City of Waterloo will vote on whether to proceed with the project, to make final selection of the location, to authorize funding for the public improvement project, and determine that there is a reasonable expectation the city will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits. If approved, the City of Waterloo shall offer to purchase said property and easements from the property owners for no less than the appraised value of said property interests, and if negotiations are unsuccessful then the City of Waterloo shall acquire the property and easements in accordance with the condemnation procedures prescribed by Iowa law. You are also advised that Iowa law provides you with certain rights with respect to acquisition of your property or any interest therein. If applicable, relocation benefits may also be available to you. A statement of these rights is enclosed with this notice. Questions about the project should be directed to Aric Schroeder, Community Planning and Development, 715 Mulberry Street, Waterloo, IA 50703, phone (319) 291-4366. Dated November 17, 2023 Kelley Felchle City Clerk Page 201 of 321 STATEMENT OF PROPERTY OWNER'S RIGHTS Just as the law grants certain entities the right to acquire private property, you as the owner of the property have certain rights. You have the right to: 1. Receive just compensation for the taking of property. (Iowa Constitution, Article I, section 18) 2. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code section 6B.45; Iowa Code section 6B.54) 3. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than ten days before being contacted by the acquiring agency's acquisition agent. (Iowa Code section 6B.45) 4. An opportunity to accompany at least one appraiser of the acquiring agency who appraises your property when an appraisal is required. (Iowa Code section 6B.54) 5. Participate in good -faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code section 6B.3) 6. A determination of just compensation by an impartial compensation commission and the right to appeal its award to the district court if you cannot agree on a purchase price with the acquiring agency. (Iowa Code section 6B.4; Iowa Code section 6B.7; Iowa Code section 6B.18) 7. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry. (Iowa Code section 6B.4A) 8. Payment of the agreed upon purchase price or, if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code section 6B.25; Iowa Code section 6B.26; Iowa Code section 6B.54(11)) 9. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code section 6B.33; Iowa Code section 6B.54(10)) 10. Reimbursement of certain litigation expenses: (a) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (b) if the award on appeal in court is more than the compensation commissioners' award. (Iowa Code section 6B.33) 11. At least 90 days' written notice to vacate occupied property. (Iowa Code section 6B.54(4)) 12. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of the payments. (Iowa Code section 316.9; Iowa Code section 6B.42) The rights set out in this statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code chapters 6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. Page 202 of 321 BURBANK SARATR GA U BROOKERIDG SO HBROOKE DR FRONTAGE RD E TOWER PARK DR LINDNER DR LEONA AVE COLD BU RAVENWOOD RD ILDWOOD '^ - O SONYA N MARNAN DR FHWA STRUCTURE NUMBER 504355 PROJECT LOCATION BEGIN CONSTRUCTION STA 134+46.50 NOT TO SCALE ORANGE HOLSTEIN ANGiS JERSEY LN SHAULIS R rre*. WINSTON PL ( WATERLOO CORPORATE LIMITS ATERLOO CORPORATE LL LOCATION MAP PARK DR END CONSTRUCTION STA 213+30.00 BELLE 4 CRESTRIDGE OAK RIDGE�� AFTON DR Meyers Lake ASMINE DR dOR �0 ^.4TUR/ OK RAGLEV O z ORS PUR DR GOL� o NE B R] �' N LIP LN A o lg 3 ¢ w VIOIET DR V 2 p VIOLET DR 9 E ORANGE RD ( WATERLOO CORPORATE LIMITS ) ARTUS- IC KELLAR RD FILE NO. ENGLISH DESIGN TEAM AECOM BLACKHAWK COUNTY PROJECT NUMBER STP-U-8155(775)--70-07 SHEET NUMBER A.2 4:39:17 PM 11/10/2023 Michael.Degen c:\pwworking\aecomds20_na_2019\michael.degen@aecom.corn\d0167776\A0lLaPorte Road_(775&776).dgn Page 203 of 321 Property Owner Lost Island Water Park Inc. Lost Island Real Estate LC Bamboo Ridge Campground Inc. Prime RE LLC Hilltop Kennels LLC TD Properties LLC **Mail to: Daniel E Knipp Stevana M 0 Connor Dhani Mahaveer Inc Dilip Hotels LLC Gawaam Com LLC Debra m Hekel **Mail to: Debra M. Youngblut Shri Ganapati and Bajrangbali In Shri Gayatri Ma Inc Crossroad Ford LTD ** Mail to: SROA Capital Mutual Wheel Company Inc Mailing Address Line 1 4935 Young Rd, 4935 Young Rd 4935 Young Rd 2117 Falls Ave 1403 1/2 Wilson Ave SW 1360 Holstein PI 2203 LaPorte Rd 2343 Logan Ave 1580 Redwood Lane SW 2115 LaPorte Rd 7731 Dysart Rd 307 Winding Ridge Rd 404 9th Ave SW 2751 S Dixie Hwy Suite 450 2345 4th Ave Mailing Address Line 2 Waterloo IA 50701 Waterloo IA 50701 Waterloo IA 50701 Waterloo IA 50701 Cedar Rapids 52404 Waterloo IA 50701 Waterloo IA 50702 Waterloo IA 50703 Rochester MN 55902 Waterloo IA 50702 Waterloo IA 50701 Cedar Falls 50613 Waverly IA 50677 West Palm Beach FL 33405 Moline IL 61265 Page 204 of 321 RESOLUTIONS TO APPROVE CERTAIN ACTIONS WITH RESPECT TO THE LA PORTE ROAD RECONSTRUCTION PHASE I PROJECT, TO ESTABLISH THE AMOUNT OF JUST COMPENSATION FOR CERTAIN PROPERTY INTERESTS TO BE ACQUIRED FOR PROJECT PURPOSES, AND TO AUTHORIZE THE USE OF CONDEMNATION PROCEDURES FOR ACQUISITION OF SAID PROPERTY INTERESTS IN FURTHERANCE OF THE PROJECT OBJECTIVES. WHEREAS, the City of Waterloo desires to undertake a project for the improvement of existing La Porte Road, lying generally between Bopp Street and E. Shaulis Road (the "Project"); and WHEREAS, on December 4, 2023, the City Council of the City of Waterloo set a date of public hearing on the proposed Project for December 18, 2023, and written notice of said hearing has been mailed as required by law to interested persons, including but not limited to the owners and record contract purchasers of "agricultural land" as defined by Iowa Code § 6A.21, and has been published in the manner required by law; and WHEREAS, the public hearing has been held and the City Council of the City of Waterloo has heard the testimony and evidence submitted by City planning staff and by members of the general public, and the City Council desires to make a final selection of the Project site location, to authorize funding for the Project, and to acquire the property interests necessary for the Project, whether fee title, permanent easements or temporary easements; and WHEREAS, the City Council of the City of Waterloo has discussed acquisition of certain properties in the Project area and determined that, due to the low fair market value of the parcel segments proposed for acquisition, it is appropriate to waive appraisals and to adopt an alternate method for value determination based on assessed values, and the City of Waterloo desires to purchase the property interests necessary for the Project for the values as so determined; and WHEREAS, in the event that good -faith efforts to negotiate the purchase of property interests is not successful, the City Council of the City of Waterloo desires to authorize the use of condemnation procedures under Iowa law to acquire the property interests by eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the design and site location of the Project as presented to the Council shall be and hereby are selected as the final Project location and design, and public funding of Project improvements are hereby authorized. BE IT FURTHER RESOLVED that the City's Community Planning and Development Department is authorized to use the current assessed value for each parcel abutting the Project route for determining the fair market value for the property interests to be acquired as necessary for the Project, including fee title interests, permanent easement interests and temporary easements, as applicable with respect to each such parcel, and the value as so determined by Department staff is determined to be the just compensation for acquisition of all such interests in and upon such properties that are reasonably necessary for the Project. Page 205 of 321 BE IT FURTHER RESOLVED that the Community Planning and Development Department is authorized to incur such incidental costs, relocation costs, management costs, and other costs as may be reasonably necessary or required by law to assure payment of just compensation to the property owners and to assist in relocation and other expenses made necessary by the Project, if any. BE IT FURTHER RESOLVED that the City Council finds that the Project will constitute a public use, public purpose, or public improvement as contemplated by Iowa Code § 6A.22 and that, accordingly, the use of eminent domain to acquire the property interests is appropriate and authorized by law. BE IT FURTHER RESOLVED that, if efforts to negotiate a purchase of the property interests are unsuccessful, use of procedures prescribed by Chapters 6A and 6B of the Code of Iowa for condemnation of private property for public projects is hereby approved for condemnation of the property interests, it being the reasonable expectation of the City Council of the City of Waterloo that the public purpose of condemnation in support of the Project will be achieved and that the City of Waterloo in carrying out the purposes and intents of the Project will be able to comply with all applicable standards and to obtain all necessary permits. BE IT FURTHER RESOLVED that the offices of Community Planning and Development and the City Attorney are hereby authorized and directed to make use of condemnation procedures, in combination with such additional negotiations with the owners of the ownership interest in the properties or their authorized representatives as may be advisable in the circumstances, to set a date for hearing and to acquire the property interests in furtherance of the objectives of the Project. PASSED AND ADOPTED this 18th day of December, 2023. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. , as passed and adopted by the Council of the City of Waterloo, Iowa, on December 18, 2023. 2 Page 206 of 321 Witness my hand and seal of office this day of December, 2023. [SEAL] Kelley Felchle, City Clerk 3 Page 207 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Sale and conveyance of city -owned property located south of 99 Mosley Street, to Leon V. Mosley and Rhonda M. Hodges Mosley, in the amount of $300.00. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to sell and convey City property located south of 99 Mosley Street, in the amount of $300.00, to Leon V. Mosley and Rhonda M. Hodges Mosley, and authorize the Mayor and City Clerk to execute said documents. Leon and Rhonda Mosley submitted a letter to the city expressing their interest to purchase the land and combine it with their property they own at 99 Mosley Street. Currently, the city is mowing the property that fronts up to Ankeny Street and conveying the land would remove the costs of city maintenance and place the land on the tax rolls. The City acquired the property in March of 2013 through the state code 657A process, and since that time, no proposals have come forth to redevelop the land for new housing. There is an easement located on a portion of the property impacting its value, which is why staff is recommending accepting the offer of $300. Title of the property will be conveyed through a Quit Claim Deed. NEIGHBORHOOD IMPACT The request would not negatively impact the area and the applicant noted he would keep it clean and maintain it. DATA, ANALYSIS, AND STRATEGIES Sale of City Property IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 208 of 321 N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Mansons Fourth Addition, Lot 2, Block 2, Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Offer Letter to Purchase 2. Aerial Map 3. Easement Map Page 209 of 321 wv%. ),s3 8413-- ]3-35--00 Page 210 of 321 .6 0 F WATERLOO ,!DeeED Val,ES3,515G Page 211 of 321 17 33• b' ted 1 fir. A 501 4 50, VACATED ORo. N rr-3-19$0 Easement TR31iCQ ,o's. c'i.).11 Tr 2 5- Gwz a. o O - N $T- R NAME ce I 0D C on 13#30 .I wwMO LEY T,� R E S 1994 - 4601 � i 9-19-J994 1 25 50 13+4 1,53 e0° a IkDITIO 03.c, 10 2 3 ID r• 7,4 r�3 Page 212 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Building Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE FY 2024 Titus (Midland) Pump Station and Force Main Project, Contract No. 975. RECOMMENDED COUNCIL ACTION Approval 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. Bid Tabulation Page 213 of 321 FY24 Titus (Midland) pump Station and Force Main Project, Cont. No. 975 Bid Tab December 14, 2023 Engineer's Estimate: $6,531,597.73 Bidder Bid Security Bid Amount Portzen Construction Dubuque, IA 5% $7,279,728.68 WRH, Inc. Amana, IA 5% $6,184,087.00 Peterson Contractors, Inc. Reinbeck, IA 5% $6,584 845.50 Boomerang Corp. Anamosa, IA 5% $4,117,354.20 Page 214 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Quentin Hart, Mayor December 18, 2023 Mayor Department AGENDA ITEM TITLE Resolution approving an agreement with Tolemi of Boston, Massachusetts, for data integration and insights software application and rental registration and work flow management software, in the amount of $47,500.00, 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. 20231129_Tolemi_Waterloo IA_Scope of Work_Enterprise_v1 Page 215 of 321 2. Tolemi Waterloo IA TOS v0 Page 216 of 321 TOLEMI Agreement This Scope outlines the deployment of Tolemi's mobile and web -based applications for the City of Waterloo, Iowa ("City"), including associated roles, responsibilities, activities, and deliverables. Tolemi City OpportunitySpace, Inc. (d.b.a "Tolemi") 295 Devonshire St. 4th Floor Boston, MA 02110 T: 800-535-2329 E: info@tolemi.com I. Objectives City of Waterloo, Iowa 715 Mulberry St. Waterloo, IA 50703 T: (319) 291-4311 The City is acquiring Tolemi's data integration & insights application ("BuildingBlocks") and Tolemi's property registration & workflow management application ("Slate"), collectively along with associated services, to meet certain objectives: • Equitably and efficiently deploy City resources to reduce blight and improve neighborhood conditions • Develop and execute a holistic strategy to develop and preserve affordable housing • Streamline and enhance the City's Rental Registration Program • Coordinate data -driven, cross -departmental strategies to ensure equitable, effective community & economic development II. Deployment of Services and Ongoing Support Tolemi will work with the City's designated points of contact to streamline the deployment of BuildingBlocks and Slate. Tolemi will ensure that the application meets current and future organization needs. Key program phases, activities, and timing are detailed below. These are subject to change based on the ability of Tolemi to secure access and/or connections to sources of data, to solicit feedback/direction from the City may occur concurrently. Phase 1: Data Integration • Tolemi and the City to confirm preliminary set of data to include in BuildingBlocks • City to provide Tolemi access to data or connection(s) to sources/custodians of data • Tolemi to perform preliminary data audit, geolocation/spatial join, and field mapping to BuildingBlocks application data standard • Tolemi to integrate data from specified systems and to establish schedule for recurring data updates Phase 2: Application & Data Diagnostic • Tolemi to provide documentation of field mapping assumptions for the City's approval and refine according to the City's input Page 217 of 321 TOLEMI • Tolemi to perform comprehensive application diagnostic to evaluate, reconcile, and validate disparate data sets • Tolemi to execute quality assurance testing of the front-end BuildingBlocks application Phase 3: Slate Configuration • Tolemi and City to define information required for Rental Registration submissions • Tolemi to configure the citizen -facing application portal, including payment of required fees • Tolemi and City to define the processes for approving and regulating properties subject to the Rental Registration Program • Tolemi to configure the Slate to automate and support the approval and regulation processes • City to perform testing on initial configuration of Slate and provide feedback to Tolemi • Tolemi to refine configuration based on City's feedback • Tolemi to migrate existing registrations into the Slate application Phase 3: Launch • Tolemi to deploy BuildingBlocks and Slate to production environment • The City to provide list of named users to receive login credentials to the application (n/a with Enterprise License and Single Sign -On line item below) • Tolemi to provide user training, including one-on-one or small -group onboarding sessions for BuildingBlocks and Slate users Phase 4: Hosting & Support (Ongoing for Term of License) • Tolemi to host the BuildingBlocks and Slate applications and the underlying database • Tolemi to provide ongoing customer support via channels including telephone, email, and online chat • Tolemi to load unlimited additional data sets, as specified by the City, to support an expansion of usage and use cases across the City • Tolemi to deploy upgrades in concert with ongoing maintenance and improvements of the BuildingBlocks and Slate applications Tolemi will advise the City in advance of any major changes to this working schedule. City agrees to the Terms of Service that govern the use of Tolemi products and services. III. Term of Engagement This Agreement is effective as of the date of City's signature and will continue for a period of TWELVE MONTHS. This Agreement will renew automatically unless City gives written notice of intent to cancel the agreement at least 30 days prior to the expiration of this agreement. Either party may terminate if the other party materially breaches this Agreement and, after receiving a written notice describing the circumstances of the default, fails to correct the breach within thirty calendar days. Upon any termination or expiration of this Agreement all rights granted to City are cancelled and revert to Tolemi. Upon termination, you shall cease all administrative use of software, shall surrender all access codes/keys, and destroy all copies of the platform (in whole or in part) in your possession or control. Tolemi expects to the completion of phase 1 and phase 2 within eight weeks from the initial kickoff call. This timeline is subject to change based the ability of Tolemi to secure access and/or data, to solicit feedback & direction from the City, and to gain the requisite approval to launch. Page 218 of 321 TOLEMI Ongoing web hosting, support, data loading, system maintenance, and upgrades will extend through the period of the Agreement. Continued access to BuildingBlocks and support beyond the expiration of these Terms is subject to a renewed license fee due at expiration of TWELVE MONTHS from the date of execution of this Agreement. IV. Piggy -Back Provision The City agrees to allow other municipalities in the United States with populations less than 100,000 to "piggy- back" off this agreement. Tolemi agrees to hold harmless the City for any liabilities and debts arising from the use of this provision by other municipalities. Service and cost to the City will not be affected by the use of this provision. Tolemi has the sole right to cancel this provision. V. Cost Name 1Y BuildingBlocks Subscription 1Y user license 1Y Enterprise license (unlimited users w/ single sign -on integration) BuildingBlocks implementation (one-time) 1Y Slate Subscription for Rental Registration workflow Price $25,000.00 $240.00 $5,500.00 $5,000.00 $12,000.00 Qnty Subtotal 1 0 1 $25,000.00 $0.00 $5,500.00 1 $5,000.00 1 $12,000.00 Total $47,500.00 The cost for all deliverables and accompanying services named in these Terms for a period of the first TWELVE MONTHS is $47,500.00 USD due upon execution of a contract. Annual renewals paid prior to 12/31/2025 will be $42,500.00 and will increase by no more than 3% annually after 12/31/2025. Tolemi Signature: Name: Andrew Kieve Title: Chief Executive Officer City Signature: Name: Title: Page 219 of 321 Terms of Service TOLEMI TERMS OF SERVICE TOLMI These Terms of Service are intended for the exclusive benefit of the Parties described in an executed agreement ("Agreement") that references these Terms of Service; nothing herein will be construed to create any benefits, rights, or responsibilities in any other parties. 1. WEB -BASED SOFTWARE/END USER LICENSE License The web -based software products ("Software") listed in the Agreement are protected under the laws of the United States and the individual states and by international treaty provision. Tolemi retains full ownership of the Software and grants to Client a limited, nonexclusive, nontransferable license to use the Software subject to the following terms and conditions: 1.1.1 The Software is licensed to Client, not sold. 1.1.2 The Software is provided for use by Client employees and Client Users, defined herein as any user granted a license by the Client and governed by the Agreement or these Terms of Service. Client shall be responsible for the activities of all Client Users. 1.1.3 The Software will be delivered or made available to Client via Internet access. The license is granted for use on a computer or other internet-enabled device that you own or otherwise are authorized to use. You may not (i) reproduce the Software or make it available for use to any other party, except Client Users, (ii) rent, lease, lend, sell, redistribute or sublicense your license to use the Software, or (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, or any part thereof (except as and only to the extent of any foregoing restriction). 1.1.4 The Software is a web-based/accessed via Internet, and therefore little or no installation should be required on Client computers. Tolemi will provide the Client with instructions to access the Software and will also provide the Client with the number of administrative log -ins agreed in the Agreement. 1.1.5 Client may not make any form of derivative work from the Software, although Client is permitted to develop additional or alterative functionality for the Software using tools and/or techniques licensed to Client by Tolemi. 1.1.6 Client is liable to Tolemi for any losses incurred as the result of unauthorized reproduction or distribution of the Software, which occur while the Software is in Client's possession or control. 1 Page 220 of 321 Terms of Service TOLMI 1.1.7 Client may use the Software to conduct relevant real estate property management, planning, and civic engagement functions relating to properties within both its own geographical and political boundaries, and, with the exception of Client Users, may not sell, rent, assign, sublicense, lend, or share any of its rights under the Agreement or these Terms of Service. 1.1.8 Client is entitled to receive the Software compiled (object) code and is licensed to use any data code produced through implementation and/or normal operations of the Software; Client is not entitled to receive source code for the Software. 1.1.9 Tolemi will not be liable to you or any other party for any loss or damage in your election to terminate your use of our Software. 1.1.10 Tolemi reserves all rights not expressly granted to you. 1.1.11 This license pertains specifically to the Software and not the original data held within the Software. The Client retains all ownership and rights to its data that it populates in the Tolemi platform. Tolemi will retain ownership and rights to derivative products and services of the data. Any open access and external use of those derivative products and services will be attributed to Tolemi. In the event the Agreement is terminated by either Client or Tolemi, Tolemi will return all original data and backed up historical data to Client upon request. 1.2. License Warranties 1.2.1 Tolemi warrants that it has full power and authority to grant this license and that, as of the effective date of the Agreement, the Software does not infringe on any existing intellectual property rights of any third party. 1.2.2 Client expressly acknowledges that use of the Software by Client or any of Client's agents is at sole risk of the Client and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with Client. 1.2.3 Tolemi has no obligation for any claim based upon a modified version of the Software or the combination or operation of the Software with any product data or apparatus not provided by Tolemi. Tolemi provides no warranty whatsoever for any third -party hardware or software products that are used in conjunction with the Tolemi platform. 1.2.4 To the maximum extent permitted by applicable law, the Software and any services performed or provided by the Software ("Services") are provided "as is" and "as available" with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with the respect to the Software and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, 2 Page 221 of 321 Terms of Service TOLMI of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non -infringement of third party rights. 1.2.5 The Software may provide access and direct links to third party websites and services, which Client acknowledges Tolemi does not control and for which it disclaims all responsibility. Client uses such services and third -party websites at Client's own risk. 2. PROFESSIONAL SERVICES Tolemi will provide the various Professional Services to the Client. This includes, but is not limited to: implementation of web -based technology, data processing and conversion, and/or related training services ("Professional Services") described in the Agreement. 2.1. Intellectual Property Tolemi will retain full ownership and rights to products and services that are developed during the course of our engagement with the Client, including, but not limited to source code, work flow diagrams, software designs, object codes, manuals, work books, engagement notes, business rules, and technology and off-line intellectual property. The Client will retain full rights and ownership of original data that it provides to Tolemi and any derivative analysis performed within the Software. 2.2. Warranty Tolemi will commence and complete the Professional Services in a sound manner consistent with the practices and standards of care generally accepted within and expected of Tolemi's industry. 2.3. Client Participation As required, Client agrees to provide Tolemi with appropriate access to the Client -owned data or systems and other resources to complete the engagement. Client acknowledges that the implementation process described in the Agreement is cooperative in nature and that Client must complete its designated tasks in a timely manner in order for Tolemi to proceed with and to complete the Professional Services. Client delays during the implementation period may have adverse collateral effects on Tolemi's overall work schedule. Although Tolemi will use its best efforts to immediately resume work following such a delay, Client acknowledges that schedules for the Professional Services may be delayed by more than just the number of days delayed by Client. 3. COMPENSATION 3.1. License Fees In exchange for the Software license described hereinabove Client will pay to Tolemi the amounts indicated in the Agreement. 3 Page 222 of 321 Terms of Service TOLMI 3.2. Payment Terms Amounts are quoted in United States dollars. Client will be invoiced for all amounts upon occurrence of the billing events described in the Agreement. The payment terms of all invoices are net thirty (30) calendar days from the dates of the invoices. Tolemi may at its sole discretion suspend its obligations hereunder without penalty until payments for all past due billings have been paid in full by Client. 4. CONFIDENTIALITY 4.1. Definitions "Disclosing Party" and "Recipient" refer to the party which discloses information and the party to which information is disclosed, respectively, in a given exchange. Either Tolemi or Client may be deemed Disclosing Party or Recipient depending on the circumstances of a particular communication or transfer of information. "Confidential Information" means all disclosed information relating in whole or in part to non-public data, proprietary data compilations, computer source codes, compiled or object codes, scripted programming statements, byte codes or data codes, entity relation or workflow diagrams, financial records or information, client records or information, organizational or personnel information, business plans, or works in progress, even where such works when completed would not necessarily comprise Confidential Information. The foregoing listing is not intended by the Parties to be comprehensive and any information that Disclosing Party marks or otherwise designates as "Confidential" or "Proprietary" will be deemed and treated as Confidential Information. Information which qualifies as "Confidential Information" may be presented to Recipient in oral, written, graphic, and/or machine readable formats. Regardless of presentation format, such information will be deemed and treated as "Confidential Information". The following specific classes of information are not Confidential Information within the meaning of this Section: 4.1.1 information which is in Recipient possession prior to disclosure by Disclosing Party; 4.1.2 information which is available to Recipient from a third party without violation of the Agreement or these Terms of Service, or Disclosing Party intellectual property rights; 4.1.3 information disclosed pursuant to Subsection 4.4 below; 4.1.4 information which is in the public domain at the time of disclosure by Disclosing Party or which enters the public domain from a source other than Recipient after disclosure by Disclosing Party; 4.1.5 information which is subpoenaed by governmental or judicial authority; and 4.1.6 information subject to disclosure pursuant to the New York Public Records Law 4.2. Confidentiality Term The obligations described in this Section commence on the Effective Date and will continue until two (2) years following any termination or expiration of the Agreement. 4.3. Confidentiality Obligations During the Confidentiality Term Recipient will protect the confidentiality of Confidential Information using the same degree of care that it uses to protect its own information of similar importance but will in any case use no less than a reasonable 4 Page 223 of 321 Terms of Service TOL=MI degree of care to protect Confidential Information. Recipient will not directly or indirectly disclose Confidential Information or any part thereof to any third party without Disclosing Party's advance express written authorization to do so. Recipient may disclose Confidential Information only to its employees or agents under its control and direction in the normal course of its business and only on a need -to -know basis. In responding to a request for Confidential Information, Recipient will cooperate with Disclosing Party in a timely fashion and in a manner not inconsistent with applicable laws to protect the Confidential Information to the fullest extent possible. 4.4. Publicity During the term of the Agreement, including the term of any amendment hereto, Tolemi may publicly disclose its ongoing business relationship with Client. Such disclosures may indicate Client identity and the Tolemi products and services provided or contracted to be provided to Client. These disclosures may include press releases or other communications to media, display on Tolemi web sites, or use in other marketing activities, but will not include non- public information or indicate Client's express endorsement of Tolemi products or services without Client's prior written authorization. 4.5. Personally Identifiable Information. While providing the Services, Tolemi may have access to Personally Identifiable Information ("PII") held by or provided to Client. PII for purposes of the Agreement and these Terms of Service is defined as (i) information that directly identifies an individual or entity (e.g., name, address, social security number, employee identification number, or other identifying number or code, telephone number, email address); or (ii) any personal financial information provided to Client by any person or entity. Tolemi shall implement and maintain appropriate technical and organizational measures in order to protect the security and confidentiality of PII and prevent any unauthorized access to PII. Tolemi shall immediately notify Client of any unauthorized disclosure of PII. 5. OTHER TERMS AND CONDITIONS 5.1. Mutual Indemnification Tolemi agrees to indemnify, defend, and hold Client and its officers, board members, members, agents, and employees harmless against any and all claims, demands, actions, legal proceedings, causes of actions, damages, injuries, expenses, losses, costs, attorney fees and liabilities, of whatsoever kind or nature, in any manner arising out of or relating to: (i) physical property damage or bodily injury caused by the negligence or misconduct of Tolemi or its employees or agents; (ii) any failure or alleged failure of Tolemi to perform any of its obligations under the Agreement or these Terms of Service; (iii) any and all losses resulting from the unauthorized access to, or acquisition, use, loss, destruction, compromise, or disclosure of the Software, Client's data, PII, or Client's Confidential Information; (iv) claims of infringement or alleged infringement of patent, trademarks, copyrights, trade secrets, or other right of any third party; or (v) Tolemi's violation or infraction of any law, order, citation, rule, 5 Page 224 of 321 Terms of Service TOLMI regulation, statute, standard or ordinance. Subject to Client limitations of liability based on the Laws of Iowa, Client agrees to indemnify, defend, and hold Tolemi and its officers, agents, and employees harmless against any and all claims, demands, actions, legal proceedings, causes of actions, damages, injuries, expenses, losses, costs, attorney fees and liabilities, of whatsoever kind or nature, in any manner arising out of or relating to: (i)physical property damage or bodily injury caused by the negligence or misconduct of Client or its employees or agents; or (ii) any failure or alleged failure of Client to perform any of its obligations under the Agreement or these Terms of Service. 5.2. Limitation of Liability Tolemi provides no warranty whatsoever for any third -party hardware or software products. Third party applications which utilize or rely upon the license may be adversely affected by remedial or other actions performed pursuant to the Agreement or these Terms of Service. Tolemi bears no liability for and has no obligation to remedy such effects. Except as set forth herein, Tolemi provides Software and related Services "as is" without express or implied warranty of any kind regarding the character, function, capabilities, or appropriateness of such services or deliverables. In no event will Tolemi's cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Client or any other person or entity exceed the fees paid to Tolemi by Client during term of service described under the Agreement. 5.3. Force Majeure If either party is delayed in its performance of any obligation under the Agreement or these Terms of Service due to causes or effects beyond its control that party will give timely notice to the other party and will act in good faith to resume performance as soon as practicable. 5.4. Dispute Resolution This Agreement and these Terms of Service are governed under the laws of Iowa. Any controversy or claim arising out of or relating to the Agreement or these Terms of Service or the breach thereof will be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules including the Emergency Interim Relief Procedures and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be Newport News, Iowa. Either party may apply to the arbitrator for injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may without waiving any remedy under the Agreement or these Terms of Service seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party pending the arbitrator determination of the merits of the controversy immediately preceding the circumstances which give rise to such claims of liability, even if Tolemi or its agents have been advised of the possibility of such damages. Each party will initially bear its own expenses and an equal share of the costs of the arbitration but the arbitrator may award the prevailing party its 6 Page 225 of 321 Terms of Service TOLMI expenses and reasonable attorney fees and costs upon request and for good cause shown. The failure of either party to object to a breach of the Agreement or these Terms of Service will not prevent that party from thereafter objecting to that breach or any other breach of the Agreement or these Terms of Service. 5.5. Assignment Tolemi may assign its rights and obligations hereunder for purposes of financing or pursuant to corporate transactions involving the sale of all or substantially all of its stock or assets. Tolemi may subcontract with qualified third parties to provide portions of the Services described hereinabove. 5.6. Survival The following provisions will survive the termination or expiration of the Agreement: Section 3 and all subsections thereof as to Client obligation to pay any fees accrued or due at the time of termination or expiration; Section 4 and all subsections; Section 5 and all subsections. 5.7. Alternate Terms Disclaimed The parties expressly disclaim any alternate terms and conditions, accompanying drafts, and/or purchase orders issued by Client. 5.8. Severability If any particular provision of the Agreement or these Terms of Service are determined to be invalid or unenforceable that determination will not affect the other provisions of the Agreement or these Terms of Service, which will be construed in all respects as if the invalid or unenforceable provision were omitted. No extension, modification, or amendment of the Agreement or these Terms of Service will be effective unless it is described in writing and signed by the Parties. 7 Page 226 of 321 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Chad Coon, General Manager Water Works Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Resolution approving a Construction Agreement with Waterloo Water Works' Board of Trustees, in conjunction with the FY 2024 La Porte Road Improvements - Phase 1, Contract No. 1016, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Adopt a resolution approving an agreement with the Waterloo Water Works' Board of Trustees for the FY 2024 La Porte Road Improvements - Phase 1, Contract No. 1016. SUMMARY STATEMENT AND BACKGROUND INFORMATION This agreement allows the City of Waterloo and the Waterloo Water Works to work together through the bidding and construction process for reduced expenses for both parties, while maintaining separate costs for each independent Division of work. Division I will be the City of Waterloo and Division II will be the Waterloo Water Works. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES The City of Waterloo shall be responsible for administering the payments to the contractor, to bill the Waterloo Water Works and the Waterloo Water Works shall make payment within fifteen (15) days of said billing. Waterloo Water Works' operating funds, generated primarily from water sales, will be used to fund Waterloo Water Works' funding obligation for this project. ALTERNATIVE ACTION Page 227 of 321 LEGAL DESCRIPTION ATTACHMENTS 1. AGREEMENT - CITY AND WWW-2023 Phase 1 Page 228 of 321 CITY OF WATERLOO F.Y. 2024 LAPORTE ROAD IMPROVEMENTS - PHASE 1 CONTRACT No. 1016 AGREEMENT NOW on this day of , 2023, the Waterloo Water Works and the City of Waterloo, Iowa, enter into this Agreement for and in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. I. RECITALS WHEREAS, the LaPorte Road reconstruction and water main replacements and extensions are to be constructed in the same corridors (Refer to E. AREA COVERED) in which the parties have some interest, are proposed to be constructed in calendar year 2024/2025; and WHEREAS, the parties presently have varying degrees of responsibilities for the reconstruction of La Porte Road in the F.Y. 2024 LaPorte Road Improvements -Phase 1, Contract No. 1016, and the replacement and extension of the existing water main in the segment of LaPorte Road listed below in E. AREA COVERED; and WHEREAS, the parties believe that the payments to be made to the contractor would best be handled by the City of Waterloo. NOW, THEREFORE, the parties agree as follows: II. TERMS OF AGREEMENT A. PURPOSE. Refer to Recitals. B. JURISDICTION. The jurisdiction for responsibility for design, inspection and funding shall be: Division I — City of Waterloo Division II — Waterloo Water Works C. FINANCING. The Waterloo Water Works and the City of Waterloo shall share the costs for the Project according to the following: 1. The Waterloo Water Works shall pay for the entire cost of reconstruction or extension of the water mains along the proposed corridors. (Division II) 2. The City of Waterloo shall pay for the entire cost of reconstruction of La Porte Road along the proposed corridor. (Division I) Page 1 of 4 Page 229 of 321 3. The City of Waterloo shall be responsible for administering the payments to the contractor, to bill the Waterloo Water Works and the Waterloo Water Works shall make payment within fifteen (15) days of said billing. 4. Financing for this Project shall be the responsibility of each of the parties hereto as reflected in this Agreement. D. ADMINISTRATION OF AGREEMENT. AECOM shall prepare plans, specifications, estimate of quantities, estimate of cost, etc. and include them in the contract as Division II. A licensed professional engineer in the state of Iowa, shall sign the Division II Plans and Specifications. The City of Waterloo shall follow the current City bidding procedures for the project and administer the letting phase of this project. The construction phase of this project shall be administered with City of Waterloo for Division I and Waterloo Water Works for Division II. The Waterloo Water Works shall be notified of all meetings involving said Project and shall have the right of review and acceptance for each of the following phases for Division II: 1. Bid Award Approval; 2. Final Construction Approval. E. AREA COVERED. The area covered by this Agreement shall be: a. La Porte Road — from Shaulis Road to Bopp Street F. DURATION. This Agreement shall be in effect until completion of the construction or termination by written agreement of all parties. DATED this day of , 2023. Page 2 of 4 Page 230 of 321 Waterloo Water Works By: Mary Potter, Chair Board of Trustees Waterloo Water Works ATTEST: Chad Coon, General Manager STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary Potter and Chad Coon, to me personally known, and who, being by me duly sworn, did say that they are the Board of Trustees Chair and the General Manager, respectively, of the Waterloo Water Works; and that the instrument was signed and sealed on behalf of the utility by authority of its Board of Trustees as contained in the Resolution adopted by the Board of Trustees, on the day of , 2023 and that Mary Potter and Chad Coon acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the utility, by it voluntarily executed. Notary Public in and for the State of Iowa Page 3 of 4 Page 231 of 321 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor City of Waterloo ATTEST: Kelley Felchle, City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin 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 adopted by the City Council, under Council Action No. of the City Council on the day of , 2023, and that Quentin 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 4 of 4 Page 232 of 321 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with EN Engineering, LLC, formally Magellan Advisors, LLC, in an amount not to exceed $1,107,300.00, for project and construction management, inspections and engineering support services for the fiber backbone and fiber -to -the - home network project implementation in calendar year 2024, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The City is requesting to extend the Professional Services Agreement with EN Engineering, LLC, formally Magellan Advisors, LLC, for the fiber backbone and fiber -to -the -home project implementation. The agreement covers project management, construction management, inspection services, and engineering services for the project. The not to exceed costs are for calendar year 2024. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 233 of 321 ATTACHMENTS 1. EN Communications Proposal - City of Waterloo IA - PMCMCI 2024 11.06.23 Page 234 of 321 • TRUSTSOLUTIONS GROUP •••• FiberRise U • An ENTRUST Solutions Group Company Magellan -*- An ENTRUST Solutions Group Company Contact: Marcellus Nixon Project Executive EN Communications mnixonentrustsol.com E ITV k g Project Management; Construction Management and Inspections, and L -'- En,. ineering Support Serve lir_ i ,,r E SOLUTIONS GROUP Magellan Executive Summary TRUST EN Engineering, LLC (EN) is a leading national engineering services firm providing comprehensive design, engineering, and consulting services to gas and electric utilities as well as other energy and industrial end -markets. With over 3,000 professionals in 36 offices nationwide, EN offers customers an unparalleled spectrum of services with expertise in electric power transmission, distribution, generation and inspection, telecommunications, natural gas and oil pipeline infrastructure, gas distribution, automation systems, integrity management, and industrial and refinery solutions. EN supplied these services to over 500 clients in 2022. EN provides comprehensive and dependable inspection, engineering, environmental services, consulting, codes compliance, integrity, and process safety management services to utilities, pipeline companies, and industrial customers. With first-hand experience operating and maintaining energy infrastructure, our engineering professionals provide expertise in Gas Utility Operations, Integrity Services, Process Safety Management, Pipeline Engineering, Automation Integration, Electrical Design, and Industrial Solutions. Formed Energy Russell Became an Energy Diris,on el Berea1Mit5 Co, n AVEVA Irttaatrves Epsrein wah Achieved ttir., Roclo er+ C.:enwrgO11 Endorsed Group pare g,eup xaf 290E SoLtcns lamed System pined from NGPL Certification Parr rn EN Engineering Integrator EN Engineering 1900 2000 2012 2014 2015 2017 2002 EN Engineering -JV- Tarred by Epsooin Engineering end Nicer Achieved I50 5001 .2015 Cerfilrragon 2010 2010 2012 WheeVand ETA 5y0rers Errgmeerv1g joined Consuhanfs EN Engineering pined EN Engineering Became a Siemens Sekeion Partner 2010 i r ;.: 17 e 2015 Me 2010 Tarot Conn -or CNA. Inc Received CSIA $okrtxirra joined Certfrearion joined EN Enginoenng EN Engineering 171 Spectrum QC N: 4C Vera Engineering G2 rnlegrared EN Ern pined Corp) ref +on Sotufions becomes EN Joined EN joined ENTRUST Engineering Engineering EN Engineering SWufians Group 2019 2021 2021 2022 Magellan 'orris ENTRUST 2022 2010 2019 2020 2021 2022 2022 Texas Uh»fy Ponafrop 1CesnerPower ESC TG Advisers. FtbazRne Engirraerrng Aufdmabon & &gMeero,g Engmeerfng fnc Joined pined Controls. LLC joined pined joined ENTRUST EN Engine/erg jeinod EN Enpneefing EN Ergineemg EN Engineering SdueonsGroup 1! II EN Engineering r�,,,,p „p p„pp 1, ;Ufr 1JfL �Ilj jl�fr 1J�j 2 WWW. M AG E L LAN BROAD BAN D.COM Page 236 of 321 E SOLUTIONS GROUP Magellan TRUST Our history dates back to 1998 when a group of managers, engineers, and designers from Natural Gas Pipeline Company of America (NGPL) formed the Energy Division of Epstein Architects & Engineers. In 2002, EN Engineering, LLC was formed as a joint venture between Epstein's Energy Division and the Engineering & Technology Departments of Nicor Gas. Today, EN is owned by Kohlberg & Company. We have grown significantly from our beginnings, but we have continually maintained a strong emphasis on the energy industry, focusing on the transmission and distribution segments of the natural gas industry, liquids pipelines, automation, and electrical power distribution. The acquisition of Wheatland Systems in 2010 greatly expanded the depth and breadth of EN's Automation Services offerings, particularly in the liquids arena, to our current oil and gas automation capabilities. The acquisition of Eta Engineering in 2013 enabled EN to expand its capabilities into the refining, chemical, and process safety management sectors. Our acquisition of Russell Corrosion Consultants in 2014 enhanced our expertise in corrosion control and integrity management for a more diverse customer base. In 2015, we acquired Total Control Solutions and expanded our automation services. Our acquisition of CNA, Inc. extended our breadth of services to include surveying and landscape architecture. And our most recent acquisitions of Energy Initiatives Group, Inc. (EIG) in 2017 and Texas Utility Engineering (TXUE) in 2018 expanded our electric power and telecommunications services, including pole inspections and treatment. In 2019, Pondhop Automation & Controls, LLC, and QC Data expanded our services in automation. In 2020, Kestrel Power Engineering and in 2021, Spectrum Engineering, ESC Engineering, and G2 Integrated Solutions also joined our team. Most recently, TG Advisers, Inc., FiberRise Communications, and Magellan Advisors joined EN in 2022. ISO COMPLIANCE We strive to provide an engineering -focused approach to problem -solving by adhering to robust project management techniques. EN Engineering, LLC is an ISO 9001:2015 certified company. A copy of our Quality Manual is available upon request. EN uses ISO 9001 as its standard quality management system for work approvals. ISO 9001 certification gives our clients confidence that our work product is thoroughly vetted and approved. Evaluations: Project designs are evaluated during our Quality Review process and supported by the use of ISO checklists. Our Quality Review process includes 1) a formatting review to check drafting quality standards, 2) engineering design review (codes, calculations, etc.), and 3) an interdisciplinary or independent review to either cross-check for a cohesive and consistent design among disciplines involved and/or provide an additional check by a qualified individual not associated with the project. EN Engineering will follow our ISO process for project reviews, and all project deliverables will be transmitted via ENsured or an equivalent secured site requested and provided by the client. WWW. M AG E L LAN BROAD BAN D.coM Page 237 of 321 E SOLUTIONS GROUP Magellan EN Communications Project Team TRUST EN Communications' proposed Project Team is depicted below; however, EN Communications reserves the right to modify and change team members as necessary. Cole Hankie Broadband Design 1 Tyler Canfield Associate Project Manager Marcellus Nixon Project Executive 10 S 2 M lrhael Ragan Project Mallager- Broedband Implementation 0 3 Mark Lane Gene Allred Broadband Technical Construction Consultant Management Charles Casey Construction Manager N1 I David Pinlgo Construttlon Inspector 4 2 s Melissa Johnston Project Management suppgn office Danielle Aubuchon Project Coord lnator dE Confidential - Property of Magellan Advisors G .Inhn WIIIIanln, PF Project Professional EngineerV'E ECOMMUNICATIONS Mayor - Quentin Hart Municipal Cummumcallon 60a1 -Andy Van fleet voterloo Fiber GM -tic Loge Page 1 of l WWW. M AG E L LAN BROAD BAN D.coM Page 238 of 321 E SOLUTIONS GROUP Magellan TRUST Marcellus Nixon - Vice President of Consulting Marcellus has more than 35 years of experience building fiber-optic infrastructure, domestically and internationally, and is a trusted advisor in the high-speed internet space. As Vice President of Consulting, Marcellus initiates consultant engagements and guides clients through the planning phase for their projects, helping them understand how to build for long-term infrastructure sustainability. Before joining EN Communications, he most recently led a successful greenfield high-speed internet project for United Cooperative Services in Burleson, Texas, including design, construction, network deployment and operations, marketing and sales across 14 counties. Marcellus is a graduate of the University of Virginia. Michael Regan — Project Manager Michael joins EN Communications Broadband bringing in 23 years of experience in the Telecommunications Industry. Over that time, he has managed integration projects and cost reduction initiatives that transformed evolving networks. He is a results - driven professional who has led growth, innovation and change in the competitive and services industries. Proven track record of optimizing program performance and customer satisfaction. His philosophy in the professional space is focused around his personal drive, integrity, effective communication skills and results -based performance. He earned his bachelor's degree in Mathematical Sciences from Northern Illinois University. John Williams - Engineering Program Manager John joins EN Communications Broadband after 16 years of prior experience leading the citywide deployments of fiber to the home broadband for Bristol Tennessee Essential Services and Erwin Utilities, Tennessee. Over that time, he has developed unique expertise in engineering, building and operating fiber to the home networks within the municipal utility environment. John believes in using a pragmatic approach to building networks. John's experience includes design engineering of fiber backbone and fiber to the home, network design for SCADA, municipal and educational networks and expansion of established broadband networks. He also has significant expertise in running network operations centers, outage management systems, billing, reporting and customer call centers, all within the municipal utility environment. John is a Professional Engineer (PE) licensed in multiple states. He earned his Bachelor of Science degree in Computer Engineering from Tennessee Technology University and his Master of Science in Computer Science from East Tennessee State University. Gene Allred - Director of Construction Joining the USAF was Gene's introduction to the communications industry. From Airbase Operator to encryption and decryption of documents Gene has thrived in the communications industry. After the USAF, Gene joined forces with AT&T Telecommunications. Moving from Local 911 Operator, Resident and Business Tech, Pay Phone Tech to Construction Manager. Gene chaired the Quality of Life Committee for labor and management relations. Employee of the month seven times while on the Resident side. Gene has also worn many hats during his time at Vantage Point Solutions. Senior Inspector/Resident to Construction Manager and convergent thinker WWW. M AG E L LAN BROAD BAN D.coM Page 239 of 321 E SOLUTIONS GROUP Magellan TRUST Cole Henkle - Director — Broadband Design Cole has a decade of experience managing large broadband designs. He manages the full life cycle of engineering projects from inception to completion, managing all permitting activities and personnel in local and remote locations. He has direct experience working with major carriers, municipalities and regional governments on regional fiber and broadband deployments across the US, some of which include Google Fiber, Verizon and the Cities of Hillsboro, OR, Chesapeake, VA, Portsmouth, VA, Boulder, CO, and Ann Arbor, MI. Mr. Henkle led the City of Hillsboro design engineering project, with 100 miles of fiber backbone and 5,000 homes designed and built to date. Mark Lane — Senior Technical Consultant Mark Lane has over 30 years of experience in enterprise IT, carrier network operations, and technology consulting. While serving as CTO for Bristol Virginia Utilities OptiNet, he helped provide the strategic direction and practical implementation responsible for their fiber -to -the -premise (FTTP) network build -out and broadband service deployment for eight counties in Southwest, VA. His vision and leadership contributed to Bristol, VA being selected as an Intelligent Community Forum Top 7 Intelligent City in 2009. Mark received a bachelor's in computer science from the University of Tennessee. Tylor Canfield — Permit Technician Tylor combines organization and precise tracking with easy communication practices to take on any permitting needs. He digs deep at the beginning of projects to identify any issues that could arise when permitting is set to begin, from simple jurisdictional requirements to complex unknown ownership resolution. He shows experience in large scale projects covering multiple jurisdictions simultaneously. A background in construction leadership allows him to implement structure into his process that creates easy readability within the rest of the team, ensuring everyone is always on the same page. That same background acts as a final QC buffer of design constructability before submiss Melissa Johnston — Back Office - Construction Melissa supports multiple broadband infrastructure projects internationally by project tracking and reporting. Melissa has over 20 years' experience in telecommunications including business owner, engineering, designing, GIS, and make-ready construction of fiber optics networks. She also has extensive experience in the field of aerial as well as diversity in underground fiber optics. With her broad knowledge of the industry, she operates exceptionally with clients. Danielle Aubuchon - Project Coordinator Danielle Aubuchon is a Project Coordinator for Magellan Broadband. Before joining Magellan, Danielle taught Mathematics in a public middle school. Her teaching experience has proven valuable in project management, an expert at coordinating and facilitating meetings and helping others achieve their goals. Danielle feels that it is important to educate communities in technological advances while preserving the community's way of life. She can assist the community as it grows, keeping the project progressing and helping its members adapt to change more easily. WWW. M AG E L LAN BROAD BAN D.coM Page 240 of 321 E SOLUTIONS GROUP Magellan Purpose TRUST EN Communications (formerly Magellan Advisors), is currently contracted to perform PM/CM/CI and Engineering Support Services to support the City and Waterloo Fiber's deployment of the Waterloo Backbone, and Waterloo Fiber Distribution network, and related systems for both. This proposal extends services through 2024, including month 4 of 16 of OSP construction activities. Statement of Work EN Communications proposes continuation of the following SOW: PHASE -1 - PROJECT MANAGEMENT EN Communications will continue to provide an experienced Project Manager ("PM") and Project Management Team to oversee all technical and operational tasks required to continue the support of the launch of the Waterloo Fiber network, including both backbone and FTTH components. Additional resources including EN communications' Project Executive, Technical Consultants, and others will be tasked with fulfilling various portions of these tasks throughout the duration of this engagement. Expected tasks include: Manage and coordinate day-to-day activities of moving the City's network into construction as expeditiously as possible following the City's procurement process, contract approval and notice to proceed. Ensure all Federal Funding contract requirements are included in each procurement where necessary. Manage Project Capital Expenditure budgets and develop reports as necessary. Team with Construction Manager and Construction Inspectors to manage the project implementation plan, including tracking to schedule, budget, issues identification and resolution, and risk mitigation. Provide regular progress reports, and schedule and coordinate all project related calls, as well as ad -hoc vendor/coordination discussions. Refine and revise the project implementation plan to reflect the OSP buildout schedule and all necessary steps to implement and turn -up the network. Develop working relationship with Cedar Falls Utilities (CFU) for wholesale services and operational support, including integration into the 28E agreement(s) for shared video (cable TV) headend, IP transit peering for Internet access, and exploration of collocation and NOC services beneficial to Waterloo Fiber's ongoing operations. Oversee negotiation of programming, transport, and licensing agreements with NCTC for video service offering. Work with EN Communications' Subject Matter Experts (SMEs) to create the designs, functional specifications, scopes of work, and RFP's necessary for implementation of Waterloo Fiber including network equipment, operating support systems (OSS), WWW. M AG E L LAN BROAD BAN D.coM Page 241 of 321 E SOLUTIONS GROUP Magellan TRUST prefabricated shelters, inside plant, service fulfillment, and operational services. EN Communications' SME's will research and advise on all options available to the city specific to each procurement including value -engineering designs, developing Statements of Work (SoW), and validating costs to budget. Our team will deliver customized SOWs for each procurement, recommend the appropriate procurement vehicle, and participate in the procurement process including pre -bid conferences, bidder inquiries, issuing RFP addendums, evaluating bids, making recommendations, and assisting in final negotiations. Project related procurements may include: Fiber -Optic OSP Construction (RFP in development) Fiber Management Systems Operating Support Systems Billing Systems Data Center/Building Renovations/Architectural Engineering Inside Plant (ISP), Power, Environmental, Access Security, etc. Network Equipment and Software Wholesale Internet and Transport Services Voice Services and Video (Cable TV) Components and Integrators Data Center Colocation and Entrance Facility Options Fiber -Optic OSP Operations, Maintenance, and Monetization Service Installation and Activation for Subscribers Contracted Network Operations Services Manage design changes, and value engineering opportunities for the fiber-optic network, including coordinating all project approvals/changes, change orders, billing/invoice approvals by vendors, and other project administrative functions. Work with EN Communications SME's and vendors to ensure that equipment and software are implemented, configured, and tested prior to launch. Assist in development of job descriptions, interviews, staffing readiness, and suggested workplace environment. Support Business Operations and Readiness: Prepare for customer service readiness ("CSR") by determining workflows for all new site order types (e.g. initial installs, changes, trouble handling, etc.) Assist with billing and accounting setup Oversee integration of BSS/OSS systems for order management, service provisioning, and subscriber billing Setup processes to interact with O&M vendors for scheduling work orders, adds/moves/changes, and repairs Test processes prior to production launch WWW. M AG E L LAN BROAD BAN D.coM Page 242 of 321 E SOLUTIONS GROUP Magellan TRUST Oversee deployment of the service edge and upstream services including CFU Internet, CFU video, and iMon voice. Develop and oversee acceptance tests of the network and services. Oversee production launch based on rollout plan with post -rollout review. Develop maintenance procedures for repair and restoration. Ensure smooth transition to City Operations and City staff. TASK 2: PROJECT ENGINEERING SUPPORT EN Communications proposes to continue providing engineering support for the project during the full construction and deployment effort. There will be numerous requirements for drawings to be revised and modified during the permit process, and to support field changes that may occur in the field. Engineering support will include a design project management resource, additional fielding efforts in the Waterloo market as needed, and ongoing management and oversight from EN Communications' Iowa licensed Professional Engineer ("PE"). TASK 3: CONSTRUCTION MANAGEMENT EN Communications' Construction Manager ("CM") will act as the City's liaison to the Outside Plant (OSP Construction Contractors) team and will manage the overall construction of the City's fiber- optic network(s). The CM will review overall compliance with project schedules and specifications, assessing Contractor adherence to public works and right of way restrictions, performance of construction activities, and development of applicable project documentation. Other tasks that will be performed include: Managing the overall Construction deployment of the Outside Plant (OSP), ensuring schedule management, specification compliance and documentation. Approving all materials to be used in the job, as well as all construction subcontractors. Act as the main point of contact for selected OSP Contractor, addressing field issues, coordinating daily activities, assessing compliance with both health and safety requirements and with applicable permits. Coordinating with the City as applicable on updates with project reporting, construction activities, material access and handling, production tracking, documentation control, administrative requirements. Production tracking, coordination with construction vendor, assessing adherence to schedule commitments, troubleshooting, tracking completion of punch list items, confirming final completion and delivery, and turnover to operations. Review of production installations to specifications and assisting the City to manage the project within budget and schedule timelines. Facilitating "onsite" quarterly, cross -functional meetings with the City, providing applicable construction updates, identifying any issues with, and resolution of, applicable action items. WWW. M AG E L LAN BROAD BAN D.coM Page 243 of 321 TASK 4: CONSTRUCTION INSPECTION E SOLUTIONS GROUP Magellan TRUST EN Communications will provide Construction Inspection ("CI") services for the City as Waterloo's network is constructed. EN Communications has assumed at least (1) one construction inspector to start but may require a second. Our estimates include a single inspector for either each Construction Prime Contractor, or for every 4 construction crews. EN Communications' construction inspectors will provide on -site supervision to determine compliance with project specifications, safety and permitting requirements. In addition, EN Communications will provide quality review on installation and ground restoration in real time. All field data and information related to changes in the field, as built and redline information will also be acquired and reviewed in real time. In addition to these services, on -site inspection services provide field representation, to assist the City with oversight of crews in the field. Field inspection services include the following, as well as per diem, lodging, and vehicles for local CI resources up to 6 days per week: Real time inspection services, including compliance and specification review of installations. Onsite assessment of installed quantities and installation quality assurance. Review of compliance with safety standards including OSHA, city, county, and state requirements, as well as maintenance of traffic compliance and permit -specific requirements. Review of local, state, and federal code compliance including the National Electric Safety Code. Onsite supervision of fiber-optic testing (OTDR and power meter) and compliance. Field level decision -making to minimize crew downtime. Review of deliverable accuracy for all documentation including red lines, directional bore logs and production sheets. 10 WWW. M AG E L LAN BROAD BAN D.coM Page 244 of 321 E SOLUTIONS GROUP Magellan Pricing TRUST The tasks outlined in the Scope above, will be performed on a monthly fixed price basis, excluding travel expenses that will be billed as incurred on a not -to -exceed basis, and invoiced as follows. Task(s)/Description Cost Task 1: Project Management $26,750 Task 2: Project Engineering Support $5,350 Task 3: Construction Management (Includes 1 in market Construction Manager/Inspector) $32,100 Task 4: Construction Inspection (1 inspector per 4 construction crews) (Each contractor requires one inspector if multiple contractors) $24,0751 Monthly Total $88,275 Estimated Monthly Travel Expenses (billed as incurred) $4,000 Monthly Total $92,275 1 Additional inspectors billed at $21,400 per month. WWW. M AG E L LAN BROAD BAN D.coM Page 245 of 321 Estimated Schedule Our proposed schedule for 2024 is as follows: Table 1 - Services Jan 2024 - Dec 2024 Billing Month/Year (Month #) Desc. PM PE CM CI Expenses Monthly Total January 2024 (Month 1) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 February 2024 (Month 2) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 March 2024 (Month 3) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 April 2024 (Month 4) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 May 2024 (Month 5) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 June 2024 (Month 6) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 July 2024 (Month 7) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 August 2024 (Month 8) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 September 2024 (Month 9) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 October 2024 (Month 10) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 November 2024 (Month 11) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 December 2024 (Month 12) Month $26,750 $5,350 $32,100 $24,075 $4,000 $92,275 Cost Estimates through December 2024 $1,107,300 www.MAG ELLAN BROAD BAN D.CoM 12 I Page 246 of 321 Magellan Signature & Acceptance Signature of this Proposal by Client warrants that all components of this Proposal are acceptable to the City of Waterloo and that the person(s) signing this Proposal has the right, power, and authority to execute the Proposal. EN Engineering, LLC 28100 Torch Parkway SE, Suite 400, Warrenville, IL 60555 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Print Name: Courtney Violette Print Name: Title: Chief Management Officer Title: Signature: Signature: Date: November 6, 2023 Date: WWW.MAGELLANBROADBAND.COM 13 I Page 247 of 321 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Keith Kaspari, Director of Aviation Airport Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., in the amount of $179,800.00, for construction administration and project inspection services for the Airline Passenger Terminal Parking Lot Canopy Project at the Waterloo Regional Airport, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve the request by Airport Staff. SUMMARY STATEMENT AND BACKGROUND INFORMATION This request by Airport Staff will be for the construction administration and project inspection services associated with the airline passenger terminal building and the parking lot canopy project at the airport. Construction is expected to begin in earnest in early 2024. NEIGHBORHOOD IMPACT N/A DATA, ANALYSIS, AND STRATEGIES N/A IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Staff will need to maintain on top of vehicle parking for airport passengers / other users to ensure they do not park in areas intended for construction operations. COMMUNITY ENGAGEMENT METHODS Press releases and related construction signage will need to be installed as necessary during each phase of the project to assist in directing both vehicle and pedestrian / passenger traffic from their vehicle parking area to the terminal building so as not to get in non-public areas intended for canopy construction. SOURCE OF EXPENDITURES This project totals $179,800.00 of which, is entirely funded via ALO's ICAIF Grant as received by Governor Kim Reynolds via the Iowa DOT's Aviation Bureau. ALTERNATIVE ACTION Page 248 of 321 No other projects are intended for the use of these funds. LEGAL DESCRIPTION N/A ATTACHMENTS 1. 12 06 2023 ALO 2023 ICAIF Parking Canopy Page 249 of 321 .4ECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CONSTRUCTION -RELATED SERVICES (CRS) AIRLINE TERMINAL PARKING CANOPY STRUCTURES IDOT PROJECT NO. 91220AL0400 IDOT CONTRACT NO. CNTRT-00004232 CITY CONTRACT NO. 1092 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Project Description - See Attached Exhibit A, Scope of Services Scope of Services - See Attached Exhibit A, Scope of Services Compensation Compensation for services for this project shall be a cost-plus fixed fee not to exceed One Hundred Seventy -Nine Thousand Eight Hundred Dollars ($179,800.00). See attached Exhibit B, Consultant Cost Summary. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Consultant Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client") dated February 4, 2020. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By By Quentin M. Hart, Mayor Douglas W. Schindel, P.E. Vice President Date Date December 6, 2023 Page 250 of 321 AECOM EXHIBIT A SCOPE OF SERVICES FOR CONSTRUCTION -RELATED SERVICES (CRS) AIRLINE TERMINAL PARKING CANOPY STRUCTURE Iowa DOT Project No. 91220ALO400 Iowa DOT CONTRACT No. CNTRT-00004232 City Contract No. 1092 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA I. Project Description This work is included in the Airline Terminal Parking Canopy Structure Iowa Commercial Aviation Infrastructure Funded Improvements at the Waterloo Regional Airport, Waterloo, Iowa. The project involves the following major construction elements: Project will provide structures located at the primary entrance and exits for the airline terminal parking lot to provide coverage of the parking lot ticket dispensers and pay station exits lanes. Project will also include structures to provide coverage of disabled parking lot spaces and the most highly and frequently used parking spaces in the lot. II. General Project Scope The work to be performed by the Consultant shall encompass and include detailed work, services, materials, equipment and supplies necessary to provide construction -phase services. The design phase has been completed and the project is currently in the bid phase. The construction -phase services shall be divided into the following tasks: Construction -Related Services 1. Assemble Construction Documents. This task consists of assisting the Sponsor in assembling the contract documents for execution by the Contractor and the Sponsor. 2. Issued for Construction Project Documents. This task consists of preparing eleven (11) sets of plans and project manuals issued for construction. a. Iowa DOT. One (1) electronic copy of the issued for construction set of plans and project manual. All plans will be half-size (11" x 17"). b. Sponsor. Two (2) hard -bound copies of the issued for construction set of plans and project manual (office file, project engineer, project construction observer and project surveyor). All plans will be half-size (11" x 17"). c. Consultant. Four (4) hard -bound copies of the issued for construction set of plans and project manual (office file, project engineer, project construction observer and project surveyor). All plans will be half-size (11" x 17"). d. Contractor. Five (5) hard -bound copies of the issued for construction set of plans and project manual. Four (4) sets will be half-size (11" x 17") and one set will be full-size (22" x 34"). Page 251 of 321 AECOM 3. Pre -Construction Conference. This task consists of preparation of meeting agenda, attending and conducting a pre -construction conference with representatives of the Contractor, Sponsor, Consultant, Iowa DOT and affected utilities, preparing meeting minutes and distribution to all meeting attendees and critical organizations not represented at the meeting. Preconstruction conference will be attended by the Project Manager, Construction Engineer and the Resident Project Representative. 4. Construction Surveying. This task consists of establishing horizontal and vertical control for the project. In addition, this task includes checking the Contractor survey notes for accuracy and method of staking. Contractor's survey will be checked prior to beginning work in the area staked, and periodically for grade and alignment. The survey notes received from the Contractor will be organized, checked and filed for reference during the project. 5. Shop Drawings and Submittals. This task consists of reviewing the following shop drawings and other submittals from the Contractor as required by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. 6. Construction Assistance. This task consists of answering design interpretation questions from the Sponsor, Contractor, review staff and appropriate agencies. 7. Pay Applications. This task consists of preparing and processing monthly applications for payment to the Contractor and forwarding to the Sponsor for execution with recommendations for approval and payment. 8. Field Testing. This task consists of providing field testing and materials testing in accordance with the construction documents. These items will include foundations, concrete, reinforcing steel, formwork, structural steel, structural welding and high strength bolts. 9. Engineer Site Visits. This task consists of the project manager and/or engineer conducting a total of ten (10) periodic site visits to the construction site by design personnel at appropriate stages of construction to observe the progress, safety and quality of the construction. The engineer's representative will meet with the representatives of the Sponsor and the Consultant to discuss the project's progress and to identify areas of concern to facilitate the construction. For each engineer site visit, a detailed site visit memo shall be prepared summarizing the visit and submitted to the Sponsor. These site visits are separate from construction observation. 10. Change Orders. This task consists of coordinating with the Sponsor and Contractor in preparing and processing contract change orders. 11. Construction Observation. This task consists of providing period field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Construction observation is based on providing one part-time, on -site resident project representative for an average of three (3) hours per day for the on -site construction activities anticipated to be one hundred forty-five (145) calendar days based on contractor's preliminary schedule. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Page 252 of 321 AECOM 12. Weekly Construction Meetings. This task consists of meeting with the airport staff, tenants, and the Contractor for 24 weekly progress meetings throughout the construction phase of the project. The meeting is to discuss project status, safety, operations, construction issues and upcoming construction schedule. 13. Non -Compliance Reportiri . This task consists of reporting to the Sponsor any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advising the Sponsor of any work that should be corrected or rejected. 14. Contractor Modifications. This task consists of reviewing, evaluating and making recommendations to the Sponsor for consideration on suggestions for modifications that have been proposed by the Contractor. 15. Project Files. This task consists of maintaining files for correspondence, reports of the job conferences, shop drawings, and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. 16. Daily Reports. This task consists of the resident project representative keeping a diary, logbook or report for those times on site, recording hours on the job site; weather conditions; data relative to questions of extras or deductions; list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors; activities; decisions, observations in general and specific observations in more detail when necessary, as in the case of observing test procedures. 17. Punch List. This task consists of conducting a review of the project near completion and preparing a list of Punch List items to be completed or corrected. 18. Final Review. This task consists of performing a field observation of the completed project before a final application for payment is processed for the Contractor. 19. Project Closeout. This task consists of assisting the Sponsor with project completion and final closeout documentation from the Contractor for the Iowa DOT. 20. Record Drawings. This task consists of providing the Sponsor with a copy of Record Drawings of the construction plans for the project based on the construction observation records of the review staff and Contractor showing those changes made during construction considered significant. Two copies of the Record Drawings in electronic and reproducible format will be provided to the Sponsor. 21. Construction Administration. This task consists of construction administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. L:\Secure_DCS\Administration\AGREE\PROF\ALO 2023 ICAIF Parking Canopy.doc Page 253 of 321 Exhibit B FY 2022 Iowa Commercial Aviation Infrasture Fund Waterloo Regional Airport Waterloo, Iowa IDOT CONTRACT NO. CONTRACT-00004232 Construction Related Services Consultant Cost Summary Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 158 $103.65 $16,376.70 Project Professional 186 $80.55 $14,982.30 Staff Professional 192 $58.20 $11,174.40 Professional 64 $36.60 $2,342.40 CADD Operator II 44 $39.35 $1,731.40 CADD Operator I 0 $20.25 $0.00 Senior Technician 4 $45.15 $180.60 Technician 567 $33.30 $18,881.10 Project Support 50 $31.90 $1,595.00 1265 II. Payroll Burden and Overhead Costs III. Direct Project Expenses 123.50% Category Units Rate/Unit Amount Mileage 2000 0.655 1,310.00 Per Diem 2 50.00 100.00 Lodging 1 90.00 90.00 Air Fare 1 1050.00 1,050.00 B/W Copies 500 0.06 30.00 Color Copies 500 0.22 110.00 Plan Copier 200 0.50 100.00 EDM Equipment 4 12.50 50.00 GPS Equipment 2 25.00 50.00 Miscellaneous, Other 1,000.00 IV. AECOM Estimated Actual Costs Rounded V. Subcontract Expense Terracon - Testing Services VI. Estimated Actual Costs VII. Fixed Fee (15% of Items I & II) Rounded VIII. Maximum Amount Payable $67,263.90 $83,070.92 $3,890.00 $154, 224.82 $154,200.00 $3,000.00 $157,200.00 $22,600.00 $179,800.00 Page 254 of 321 Exhibit B FY 2022 Iowa Commercial Aviation Infrasture Func Waterloo Regional Airport Waterloo, Iowa IDOT CONTRACT NO. CONTRACT-00004232 Construction Related Services Staff Hour Estimate Item No. Description Senior Prof Project Prof Staff Prof Prof CADD Operator II CADD Operator I Senior Technician Technician Project Support Totals 1 Assemble Construction Documents 2 2 2 Issued for Construction Project Documents 4 4 8 3 Pre -Construction Conference 4 2 6 4 Construction Surveying 4 4 8 5 Shop Drawings and Submittals 40 80 40 160 6 Construction Assistance 16 40 40 24 120 7 Pay Applications 24 24 8 Field Testing 40 40 9 Engineer Site Visits 80 80 10 Change Orders 8 24 435 467 11 Construction Observation 0 12 Weekly Construction Meetings 10 24 24 58 13 Non -Compliance Reporting 8 4 12 14 Contractor Modifications 16 16 15 Project Files 8 8 16 16 Daily Reports 24 24 17 Punch List 8 8 8 24 18 Final Review 8 8 8 24 19 Project Close-out 16 24 16 56 20 Record Drawings 16 40 56 21 Construction Administration 24 40 64 Total Design Services 158 186 192 64 44 0 4 567 50 1265 Page 255 of 321 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, in an amount not to exceed $25,000.00, in conjunction with the Waterloo Pavement Management Plan Update FY 2025 - 2031, 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 Page 256 of 321 1. PSA-121823-WaterlooPavementManagementUpdate 2303963_signed Page 257 of 321 HRGreen PROFESSIONAL SERVICES AGREEMENT For Waterloo Pavement Management Plan Update FY2025-31 Jamie Knutson, P.E. City Engineer City of Waterloo Engineering Dept. 715 Mulberry St, Waterloo, IA 50703 319-291-4312 Larry Stevens PE Project Manager HR GREEN, INC. 8710 Earhart Lane SW, Cedar Rapids, IA 52404 319-841-4326 HR Green Project #: 2303963 12/18/2023 Versionl.0 07012017 Page 258 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 TABLE OF CONTENTS 1.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENT/SUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Versionl.0 020122 Page 1 Page 259 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 THIS AGREEMENT is between the City of Waterloo, Iowa (hereafter "CLIENT") and HR GREEN, INC. (hereafter "COMPANY"). 1.0 Project Understanding 1.1 General Understanding The project will consist of updating the Waterloo Pavement Management Program completed in 2019 and the Update of the Waterloo PM Program completed in 2022 by providing the following services: • Update inventory of the City's street system • Evaluate the system's current roadway conditions using most recent IPMP Data • Review major rehabilitation and reconstruction alternatives and the thresholds that will trigger their use to be used in the data analysis and projections and their life cycle costs • Develop revised sustainable maintenance/replacement schedules with annualized costs 1.2 Methodology Pavement Inventory, Condition Analysis, and Recommending and Prioritizing Improvements: • IPMP Data — The Iowa Department of Transportation, through the Iowa Pavement Management Program (IPMP), collects pavement condition data for all public roadways in Iowa on a biennial basis. This automated data collection, utilizing vehicle -mounted sensors, includes roughness of the roadways and various pavement distresses such as rutting or cracking. In addition, a video inventory is obtained. HR Green will analyze this data utilizing the Deighton Total Infrastructure Management System — Business Analytics (dTIMS- BA) software. • Historical review — HR Green will also perform a review of recent plans and maintenance information provided by the City of Waterloo. • Putting dTIMS to work — The IPMP provides cities with a powerful tool for pavement management by subsidizing subscriptions to dTIMS. HR Green's project team has the know-how to put dTIMS to work for the City of Waterloo. By using the City's online software portal, HR Green will cost-effectively analyze vast amounts of mobile scanning data that are already available from the IPMP. With the proper inputs, dTIMS is capable of expediting the LCC analysis process. Properly utilizing dTIMS with accurate inputs will ensure the right treatment is chosen for the right pavements at the right time. 1.3 Data/Assumptions • Update inventory of the City's street system, which consists of over 400 centerline miles • Evaluate the system's current roadway conditions using most recent IPMP Data • Review major rehabilitation and reconstruction alternatives, their costs, and the thresholds that will trigger their use to be used in the data analysis and projections and their life cycle costs • Develop revised sustainable maintenance/replacement schedules with annualized costs o Maintaining target Pavement Condition Index (PCI) o Funding at current levels, which indicates the resulting future average PCI o Funding with 20% reduction of Lost Option Sales Tax Funds and the resulting future average PCI • Prepare a 7-Year CIP for FY 2025-31 with the agreed upon annual funding level Versionl.0 020122 Page 2 Page 260 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 2.0 Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: See Attachment A 3.0 Deliverables and Schedules Included in this Agreement See Attachment B This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. 4.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: See Attachment A Supplemental services not included in the agreement can be provided by COMPANY under separate agreement, if desired. 5.0 Services by Others Iowa Pavement Management Program (IPMP) to provide roadway distress data on a biennial basis, starting with dataset collected in 2006. 6.0 Client Responsibilities Be available for meetings as listed in Attachment A and help set plan goals Request that the City's dTIMS software license through IPMP be delegated to HR Green. Provide the following data related to City -owned and/or managed infrastructure: • Updated GIS shape files or maps of all underground utilities • Recent Bid Tabulations 7.0 Professional Services Fee 7.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the Agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (i) living and traveling expenses of employees when away from the home office on business connected with the project; (ii) identifiable communication expenses; (iii) identifiable reproduction costs applicable to the work; and (iv) outside services will be charged in accordance with the rates current at the time the service is done. Versionl.0 020122 Page 3 Page 261 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 7.2 Invoices 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. 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 that 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 attorney's fees. 7.3 Extra Services Any service required but not included as part of this Agreement shall be considered extra services. Extra services will be billed on a Time and Material basis with prior approval of the CLIENT. 7.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These service items are considered extra and are billed separately on an hourly basis. 7.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Per current Rate Schedule with a Not to Exceed fee of $25,000.00 See Attachment C for a fee breakdown. Versionl.0 020122 Page 4 Page 262 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 8.0 Terms and Conditions The following Terms and Conditions are incorporated into this Agreement and made a part of it. 8.1 Standard of Care 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. 8.2 Entire Agreement This Agreement and its attachments constitute the entire understanding between CLIENT and COMPANY relating to COMPANY's services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written agreement is not issued or signed. 8.3 Time Limit and Commencement of Services This Agreement must be executed within ninety (90) days to be accepted under the terms set forth herein. The services will be commenced immediately upon receipt of this signed Agreement. 8.4 Suspension of Services If the Project or the COMPANY'S services are suspended by the CLIENT for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety (90) days, consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five (5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of this Agreement, the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 8.5 Books and Accounts COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 8.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability insurance caused by the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 8.7 Termination or Abandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven (7) days' written notice. If any portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the services not terminated or abandoned. If said termination occurs prior to completion of any phase of the project, the fee for services performed during such phase shall be based on COMPANY's reasonable estimate of the portion of such phase completed prior to said termination, plus a reasonable amount to reimburse COMPANY for termination costs. Versionl.0 020122 Page 5 Page 263 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 8.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 8.9 Severability If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 8.10 Successors and Assigns All of the terms, conditions, and provisions hereof shall inure to the benefit of and are binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 8.11 Third -Party Beneficiaries 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. The 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 the 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 contracts with contractors, subcontractors, sub -consultants, vendors and other entities involved in this project to carry out the intent of this provision. 8.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of law provisions, which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 8.13 Dispute Resolution Mediation. 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. 8.14 Attorney's Fees 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. 8.15 Ownership of Instruments of Service 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. COMPANY shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. 8.16 Reuse of Documents 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 attorney's fees arising out of or resulting therefrom. Versionl.0 020122 Page 6 Page 264 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 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. 8.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other Instruments of Service. Accordingly, the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans, specifications or design intent, or for failure to obtain and/or follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY'S plans, specifications or other Instruments of Service. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 8.18 Opinion of Probable Construction Cost As part of the Deliverables, COMPANY may submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractors techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made, COMPANY cannot guarantee the accuracy of its opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY'S opinion of probable construction cost. 8.19 Design Information in Electronic Form 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 its 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 recognizes that designs, plans, and data stored on electronic media including, but not limited to computer disk, magnetic tape, or files transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate Agreement. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard -copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files, the signed or sealed hard -copy construction documents shall govern. 8.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. The COMPANY may use such information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise Versionl.0 020122 Page 7 Page 265 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 as a result of erroneous or incomplete information provided by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this Agreement unless indicated in the Scope of Services. 8.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANY's control. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless from any and all liability, other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain, high winds, snow greater than two (2) inches and ice. In addition, if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 8.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and sub - consultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. 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. 8.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or in connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to, the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses, whether direct, indirect, or consequential, including, but not limited to, attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site, or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s) to identify, Versionl.0 020122 Page 8 Page 266 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 abate and/or remove the asbestos or hazardous or toxic materials, and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator, storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6901 et seq., as amended, or within any State statute governing the generation, treatment, storage, and disposal of waste. 8.24 Certificate of Merit 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. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a design professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 8.25 Limitation of Liability In recognition of the relative risks and benefits of the Project to both the CLIENT and the COMPANY, the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by law, to limit the liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub - consultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert -witness fees and costs, so that the total aggregate liability of the COMPANY and COMPANY'S officers, directors, partners, employees, shareholders, owners and sub -consultants shall not exceed $50,000.00, or the COMPANY'S total fee for services rendered on this Project, whichever is greater. 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. 8.26 Intentionally Omitted 8.27 Intentionally Omitted 8.28 Intentionally Omitted 8.29 Intentionally Omitted 8.30 Intentionally Omitted 8.31 Municipal Advisor 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. Versionl.0 020122 Page 9 Page 267 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 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. COMPANY's services shall be limited to those expressly set forth in this Agreement and COMPANY shall have no other obligations or responsibilities for the Project except as agreed to in writing. The effective date of the Agreement shall be the last date entered below. Sincerely, Approved by: Printed/Typed Name: Title: Vice President /-4,4/ James E. Halverson City of Waterloo, Iowa Accepted by: Printed/Typed Name: Title: Mayor Date: 12/1/2023 Quentin Hart Date: [\\hrgreen.com\HRG\Redirected Folders\Isteven\Desktop\PSA-111723-WaterlooPavementManagementUpdate 2302963.docx Versionl.0 020122 Page 10 Page 268 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 Attachment A — Scope of Services The Scope of Services to be performed by the Consultant shall include the Services and supplies to complete the following tasks: Objective: To provide planning services for an updated Pavement Management FY 2025-31 7-Year Plan. The City of Waterloo maintains a street system that is made up of over 400 centerline miles of paved roadway. The Consultant will perform data analysis, recommend maintenance and reconstruction strategies, and assist the City in prioritization of improvements to be included in the 7-year plan. PHASE A — CONTRACT MANAGEMENT A.1 Project Administration 1.1 Project Management The Consultant shall prepare and submit monthly email updates (1-page) outlining the following: activities during the reporting period, activities planned for the following month, problems encountered and recommended solutions, and overall project status. Consultant shall maintain a system for monitoring progress to allow monthly tracking and invoicing. The monthly update shall include a list of requested information from the City with a desired response date noted to avoid delay of the Consultant's services. The Consultant shall submit with each design service invoice a summary of work performed, estimated task completion percentage, contract completion date and actual completion date. 1.2 Monitoring Project Scope and Schedule This task includes the development and tracking of the project plan for the project development. This includes task identification, scheduling, task assignment, relating all tasks to the others, coordination with other members of the project team. The Consultant shall inform the City of any services required which may not be included in the scope of the design services contract approved by the City for this Project. It will be the responsibility of the Consultant to make the City aware of any potential amendments to the contract before the services are rendered. This notice must occur prior to any extra services being performed. Only those services approved by the City are eligible for compensation. If design work is not progressing in a manner to comply with the anticipated completion date, the Consultant shall provide a brief summary of the actions to be taken to reduce or eliminate any delays in completing the design in accordance with the agreed upon schedule. 1.3 Project Review Meetings The Consultant shall meet with the City to review progress and to discuss specific elements of the project. The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision -making process, and expedite design development. Prepare minutes of the meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by two (2) staff members of the Consultant. The following meetings are included with the scope of work: • Kickoff Meeting • Post Review of Existing Conditions • Draft Plan • Final Plan 1.4 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for plan implementation. A-1 Page 269 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 .2 Project Coordination 2.1 General Coordination Includes regular coordination with City staff. Also includes coordination with Iowa Pavement Management Program (IPMP) regarding data collection and analysis. 2.2 Utility Coordination Meetings The Consultant will coordinate with City Traffic, Water, and Sanitary Departments as well as with private utilities mainly to gather data on existing utilities and known future improvements. PHASE B — DATA ANALYSIS 8.1 Data Gathering/Analysis Consultant will work with City and IPMP staff to obtain and verify pavement data and condition information. The specific tasks to be performed include the following: 1.1 Revise Existing Conditions Report The Consultant will revise the original pavement conditions report based on the new distress data collected in 2022. Report will include updated map(s) showing condition rating of all the roadways in the City. Portions of this report will be formatted for use on the City's website and for distribution to the public. 1.2 Program Cost Analysis The Consultant will aggregate bid information provided by the City to develop cost trends for major items. Included is a review of treatment unit costs and adjustments of future costs, as required. For budgeting purposes this task will be accomplished one (1) time during each calendar year for the life of this contract and/or subsequent amendments. 1.3 Pavement Performance Curves The Consultant, with input from City staff, will review new IPMP data, and data from other municipalities, and will revise pavement performance curves to be used in the dTIMS analysis and in the application of the treatment methods. 8.2 Maintenance, Rehabilitation, and Reconstruction Strategies 2.1 Preservation Treatments The Consultant will review all of the data to determine if applicable preservation treatments can be used to restore roadway integrity and functional performance. These treatments may include, but are not limited to, thin maintenance preservation methods, joint repairs, full and partial -depth patching, retrofitted edge drains, and improving surface drainage. 2.2 Rehabilitation Treatments The Consultant will determine if rehabilitation treatments are necessary to restore the structural capability of the roadways. These treatments may include, but are not limited to, asphalt and concrete overlays. 2.3 Reconstruction The Consultant will determine if the roadway pavement has reached the end of its service life and requires total reconstruction. A change in surfacing type may also be recommended by the Consultant if deemed appropriate. 2.4 Treatment Factors The Consultant, along with the City, will assemble a list of any treatment related factors that may come into play in determining their feasibility. This list may include the City's experience with the use of the treatment, future A-2 Page 270 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 maintenance requirements, local contractors' experience with the treatment, availability of needed equipment and materials, and competition among providers of materials. PHASE C — PLAN FOR IMPROVEMENTS C.1 Determine Improvements Consultant will work with the City to set priorities for the improvements. Prioritization will utilize pavement condition data, pavement life -cycle analysis, condition of underlying infrastructure, public input, and available funding. 1.1 Treatment Construction Costs The Consultant will provide opinions of estimated construction costs to construct each treatment included in the treatment selection. The City will provide several year's history of bid tabulations to assist in these calculations. These costs will not include design or engineering costs. 1.2 Treatment Selection The Consultant will assemble what treatment options or group of treatment options will address the deficiencies and distresses within the roadways. 1.3 Prioritized Improvements The Consultant will recommend to the City a preferred strategy that best addresses the needs of the community using the priorities established. C.2 Pavement Management Program 2.1 Pavement Management Report The Consultant will develop a pavement management program report that summarizes the data collection and analysis, the prioritization of the improvements, and the recommended improvements. Report will include a map(s) showing condition rating of all the roadways in the City. Portions of this report will be formatted for use on the City's website and for distribution to the public. 2.2 Develop 7-year Plan The Consultant, with assistance/input from City staff, will prepare a 7-year plan programming anticipated Local Option Sales Tax funds. Consultant will prepare magnitude of costs for design and construction of the recommended improvements. Task does not include preparation of detailed cost estimates. Goal of Consultant will be to stay within 10% of the annual revenue to be received in each fiscal year for seven (7) years. Funds will be programmed annually and expenditures broken down by fiscal year. Plan will include programming of design fees and construction fees, likely in separate fiscal years. The plan will be segregated into 3 phases to allow for flexibility in the actual year that projects will occur. 2.3 Progress Reporting It will be important for the City to track the progress of the pavement management plan, and to track to progress of the program to assist in showing the success of program for possible renewal at the end of the funding period. The Consultant will update the mapping/visual aids at the end of the first construction year in order for the City to report their progress back to the public. ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1. Updates to dTIMS data, including continuous updates and tracking of projects with the software A-3 Page 271 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 2. Yearly updates to the 7-year plan 3. Field inspection of related infrastructure including storm sewer, traffic signals, and bridges. 4. Design services of individual projects 5. Public Involvement A-4 Page 272 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 Attachment B — Deliverables and Schedule Deliverables: • Meeting Agendas and Minutes (this will also document policy goals and tracking metrics) • Existing Conditions Report • Updates to City dTIMS BA system • Pavement Management FY 2025-31 7-year Plan & Report • City Council Presentation Power Point • Geodatabase containing all relevant shapefiles Schedule: The scope of Services shall be completed in accordance with the following schedule unless modified by mutual agreement or by factors beyond the control of the Consultant. Contract Approval / Notice to Proceed December 18, 2023 Kick -Off Meeting Early January, 2024 Existing Conditions Analysis March 1, 2024 Develop Pavement Management Plan May 1, 2024 Deliver Report, Presentations, and any Online Content May 15, 2024 B-1 Page 273 of 321 Waterloo Pavement Management Plan Update FY2025-31 12/18/2023 Attachment C — Fee Breakdown PHASE A — CONTRACT MANAGEMENT PHASE B — DATA ANALYSIS PHASE C — PLAN FOR IMPROVEMENTS TOTAL $ 5,000.00 $ 12,000.00 $ 8,000.00 $25,000.00 C-1 Page 274 of 321 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jason Hernandez, Medical Supervisor Fire Rescue Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Resolution approving an Intergovernmental Transfer of Public Funds Agreement with the Iowa Department of Human Services, and authorizing the Mayor to execute said documents. RECOMMENDED COUNCIL ACTION Approve SUMMARY STATEMENT AND BACKGROUND INFORMATION This Intergovernmental Transfer Agreement (Agreement) is entered into between the Iowa Department of Human Services (IDHS) and the ground emergency medical transportation (GEMT) Provider. It provides for an intergovernmental transfer of funds to the IDHS from the GEMT Provider in order to provide the non-federal share of the reconciled cost reimbursement amount for the uncompensated Medicaid cost associated with GEMT services. These transfers are required to draw down the federal funds the GEMT Provider is entitled to under this agreement and are fully recouped through the receipt of the federal funds that follow. The GEMT Provider is authorized by House File (HF) 2285 of the 2018 Iowa legislative session to enter into and carry out an Intergovernmental Transfer (IGT) Agreement to transfer funds through IGTs to the IDHS for use as the non-federal share of Medicaid expenditures. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 275 of 321 LEGAL DESCRIPTION ATTACHMENTS 1. Resolution 2. IA-SFY-2025-intergovernmental-transfer-agreement-final Page 276 of 321 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2023- RESOLUTION APPROVING AN INTERGOVERNMENTAL TRANSFER OF PUBLIC FUNDS AGREEMENT WITH THE IOWA DEPARTMENT OF HUMAN SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Intergovernmental Transfer of Public Funds Agreement with the Iowa Department of Human Services, is hereby approved, and the Mayor is authorized and directed to execute said document on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 18th day of December 2023. ATTEST: Quentin Hart, Mayor Kelley Felchle, City Clerk SEAL 4. Vilig jr. 0 rowel, ere • II141Uu11P11111111111 • y ---- y 0 V1 Page 277 of 321 STATE OF IOWA DEPARTMENT OF Health AND Human SERVICES Clear Form INTERGOVERNMENTAL TRANSFER OF PUBLIC FUNDS AGREEMENT BETWEEN THE IOWA DEPARTMENT OF HEALTH AND HUMAN SERVICES AND Ground Emergency Medical Transportation Provider (GEMT Provider) This Intergovernmental Transfer Agreement (Agreement) is entered into between the Iowa Department of Health and Human Services (HHS) and the ground emergency medical transportation (GEMT) Provider. It provides for an intergovernmental transfer of funds to the HHS from the GEMT Provider in order to provide the non-federal share of the reconciled cost reimbursement amount for the uncompensated Medicaid cost associated with GEMT services. The GEMT Provider is authorized by House File (HF) 2285 of the 2018 Iowa legislative session to enter into and carry out an Intergovernmental Transfer (IGT) Agreement to transfer funds through IGTs to the HHS for use as the non-federal share of Medicaid expenditures. AGREEMENT I. GEMT Program Compliance. Attached hereto as Attachment A is State Plan Amendment IA-I9-002 (SPA), which address the GEMT Program. The GEMT Provider shall at all times comply with all requirements of the SPA. 2. Compliance with Provider Agreement and GEMT Program Eligibility. The GEMT Provider's Iowa Medicaid Provider Agreement is incorporated herein by reference. The parties stipulate to the inclusion of any future amendments or replacement of any such Provider Agreements by this reference. The GEMT Provider hereby represents, warrants and covenants that is and at all relevant times will be an Eligible GEMT Provider as that term is defined in the SPA. If at any time the GEMT Provider's status changes such that it is no longer an Eligible GEMT Provider, the GEMT Provider shall immediately notify the HHS. 3. Fund Transfer. The GEMT Provider agrees to transfer funds to HHS at the times and in the amounts determined in accordance with the following paragraphs of this Agreement. The transfer shall be made prior to the payment by HHS for the uncompensated Medicaid cost associated with GEMT services. The GEMT Provider will transfer funds to HHS equivalent to the non-federal share of the payments to be made upon notification by HHS. 4. Funds Certification. The GEMT Provider shall certify that the funds transferred qualify for federal financial participation (FFP) pursuant to 42 CFR part 433 subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, federal money excluded from use as State match, impermissible taxes, and non -bona fide provider -related donations. Impermissible sources do not include revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding. Updated July 26, 2023 Page 278 of 321 5. Record Retention and Access. The parties agree that each shall maintain necessary records and supporting documentation applicable to the uncompensated Medicaid cost associated with GEMT services payments to assure that claims for total funds and federal funds are in accordance with applicable federal requirements, including but not limited to those record retention requirements set forth in the SPA. The parties agree to make those records available to the parties and to any and all state or federal oversight authorities immediately upon request. 6. Notices: Any written notice required by this Agreement shall be sent to: For: Waterloo Fire Rescue GEMT Provider Printed Name Jason Hernandez Title Medical Supervisor Address: 425 E 3rd St Waterloo, IA 50703 E-mail address jason.hernandez@waterloo-ia.org For HHS: Printed Name: Iowa Department of Health and Human Services Title: Iowa Medicaid Address: 1305 East Walnut Street Des Moines, IA 50319 E-mail address: costaudit@dhs.state.ia.us 7. Repayment Obligation: In the event that any State and/or federal funds are deferred and/or disallowed as a result of any audits or expended in violation of the laws applicable to the expenditure of such funds, the GEMT Provider shall be liable to the Agency for the full amount of any claim disallowed and for all related penalties incurred. The requirements of this paragraph shall apply to the GEMT Provider as well as any subcontractors of the GEMT Provider. To the extent that the GEMT Provider receives Updated July 26, 2023 Page 279 of 321 payments that exceed the permissible amount allowed pursuant to the SPA, the parties hereby deem the excess funds received by the GEMT Provider to be an "overpayment" subject to return to the HHS within 60 days pursuant to Section 2.5 of the Provider Agreement. 8. Assignment: This Agreement is not assignable. 9. No Third Party Beneficiaries. There are no third partybeneficiariesto this Agreement. This Agreement is intended onlyto benefit the HHS and the GEMT Provider. 10. Amendment: This Agreement maybe modified at anytime bythe written agreement of both parties. I I. Term & Termination: This Agreement covers the period beginning on or after July I, 2024 and ending June 30, 2025. This Agreement maybe canceled by either partyafter giving thirty (30) days prior notice in writing to the other party. All obligations of the parties incurred or existing under this Agreement as of the date of expiration or termination survive the expiration or termination of the Agreement. 12. Execution: In consideration of the mutual covenants in this Agreement and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Agreement and have caused their duly authorized representatives to execute this Agreement. Waterloo Fire Rescue GEMT Provider Name Authortized Representative Signature Quentin Hart Authorized Representative Printed Name Mayor Authorized Representative Title IOWA DEPARTMENT OF HEALTH AND HUMAN SERVICES Date Director Date Updated July 26, 2023 Page 280 of 321 Attachment A - Approved State Plan Amendment IA-19-002 Page 281 of 321 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16d - IOWA Methods and Standards for Establishing Payment Rates for Other Types of Care Supplemental payment for publicly owned or operated ground emergency medical transportation providers This program provides supplemental payments for eligible Ground Emergency Medical Transportation (GEMT) providers that meet specified requirements and provide GEMT services to Iowa Medicaid members. Supplemental payments provided by this program are available only for the uncompensated and allowable direct and indirect costs incurred by eligible GEMT providers while providing GEMT services to Iowa Medicaid members. The supplemental payment covers the gap between the eligible GEMT provider's total allowable costs for providing GEMT services as reported on the GEMT services cost report and the amount of the base payment, mileage, and all other sources of reimbursement. The supplemental payment amounts shall be calculated annually on a prospective basis after the conclusion of each state fiscal year (SFY). Payments shall not be paid as individual increases to current reimbursement rates as described in other parts of this state plan for GEMT services. This supplemental payment applies only to Iowa Medicaid services rendered to Iowa Medicaid members by eligible GEMT providers on or after July 1, 2019. A. Definitions 1. "Department" means the Iowa Department of Human Services. 2. "Direct Costs" means all costs that can be identified specifically with particular final cost objectives in order to meet all medical transportation mandates. 3. "Shared Direct Costs" are direct costs that can be allocated to two or more departmental functions or cost objectives on the basis of shared benefits. 4. "Indirect Costs" means costs for a common or joint purpose benefitting more than one cost objective that are allocated to each benefiting objective using an agency approved indirect rate or an allocation methodology. Indirect costs rate or allocation methodology must comply with 2 C.F.R. Part 200 and CMS non -institutional reimbursement policy. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 282 of 321 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16e- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers 5. "Eligible GEMT Provider" means a provider who is eligible to receive supplemental reimbursement because it meets all of the following requirements continuously during the claiming period: a. Provides Ground Emergency Medical Transportation services to Iowa Medicaid members. b. It is a provider that is enrolled as an Iowa Medicaid provider for the period being claimed. c. Is owned or operated by an eligible governmental entity, to include the state, a city, county, fire protection district, community services district, health care district, federally recognized Indian tribe or any unit of government as defined in 42 C.F.R. Sec. 433.50. 6. "Dry Run" means a run that does not result in either a transport or a delivery on -site of Medicaid covered services. 7. "GEMT Transport" means GEMT services provided by eligible GEMT providers to individuals and does not, include dry runs as defined in Paragraph, A.6. 8. "GEMT Services" means both the act of transporting an individual from any point of origin to the nearest medical facility capable of meeting the emergency medical needs of the patient, as well as the advanced, limited -advance, and basic life support services provided to an individual by GEMT providers before or during the act of transportation. a. "Advanced Life Support" means special services designed to provide definitive prehospital emergency medical care, including but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration with drugs and other medicinal preparations, and other specified techniques and procedures. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 283 of 321 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16f- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers b. "Limited -Advanced Life Support" means special services to provide prehospital emergency medical care limited to techniques and procedures that exceed basic life support but are less than advanced life support services. c. "Basic Life Support" means emergency first aid and cardiopulmonary resuscitation procedures to maintain life without invasive techniques. 9. "Service Period" means the period from July 1 through June 30 of each SFY. 10. "Shift" means a standard period of time assigned for a complete cycle of work, as set by each eligible GEMT provider. The number of hours in a shift may vary by GEMT provider, but will be consistent to each GEMT provider. B. Supplemental Reimbursement Methodology — General Provisions 1. Computation of allowable costs and their allocation methodology must be determined in accordance with Medicaid cost principles at 2 C.F.R. Part 200, which establish principles and standards for determining allowable costs and the methodology for allocating and apportioning those expenses to the Iowa Medicaid program, except as expressly modified below. 2. Iowa Medicaid base payments to the GEMT providers for providing GEMT services are derived from the Ambulance provider fee schedule established for reimbursements payable by the Iowa Medicaid program by procedure code. The base payments for these eligible GEMT providers are fee -for -service (FFS) payments. The primary source of paid claims data and other Iowa Medicaid reimbursements is the Iowa Medicaid Management Information System (IA-MMIS). The number of paid Iowa Medicaid FFS GEMT transports is derived from and supported by the IA-MMIS reports for services during the applicable service period. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 284 of 321 State/Territory: Attachment 4.19-B Revised Submission 7.10.19 PAGE - 16g- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers 3. The total uncompensated care costs of each eligible GEMT provider available to be reimbursed under this supplemental payment program will equal the shortfall resulting from the allowable costs determined using the Cost Determination Protocols (Section C.) for each eligible GEMT provider rendering GEMT services to Iowa Medicaid members net of the amounts received and payable from the Iowa Medicaid program and all other sources of reimbursement for GEMT services provided to Iowa Medicaid members. If the eligible GEMT providers do not have any uncompensated care costs, then the provider will not receive supplemental reimbursement under this supplemental payment program. 4. The Iowa Medicaid supplemental payment under this segment are the uncompensated care costs for GEMT services provided by eligible GEMT providers to Iowa Medicaid members as determined by the Prospective Supplemental Payment Amount (Section D.). C. Cost Determination Protocols 1. An eligible GEMT provider's specific allowable cost per-GEMT transport rate will be calculated based on the provider's audited financial data reported on the GEMT services cost report. The per-GEMT transport cost rate will be the sum of actual allowable direct, shared direct, and indirect costs of providing GEMT services (excluding cost associated with dry runs as defined in Paragraph A.6 and runs where a Medicaid covered service was delivered but no transport occurred) divided by the actual number of GEMT transports (including dry runs as defined in Paragraph A.6 and runs where a Medicaid covered service was delivered but no transport occurred) provided for the applicable service period. a. Direct costs for providing GEMT services include only the unallocated payroll costs for the shifts in which personnel dedicate 100 percent of their time to providing GEMT services, medical equipment and supplies, and other costs directly related to the delivery of covered services, such as first -line supervision, materials and supplies, professional and contracted services, capital outlay, travel, and training. These costs must be in compliance with Medicaid non -institutional reimbursement policies and are directly attributable to the provision of the GEMT services. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 285 of 321 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16h- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers b. Shared direct costs for GEMT services must be allocated for personnel, capital outlay and other costs; such as medical supplies, professional and contracted services, training and travel. The personnel costs will be allocated based on a percentage of total hours logged performing GEMT services activities versus other service activities. The capital and other shared direct costs will be allocated based on the percentage of total call volume. c. Indirect costs are determined by applying the cognizant agency specific approved indirect cost rate to its total direct costs (Paragraph C.1.a) or derived from provider's approved cost allocation plan. Eligible GEMT providers that do not have a cognizant agency approved indirect cost rate or approved cost allocation plan, the costs and related basis used to determine the allocated indirect costs must be in compliance with Medicaid cost principles specified at 2 C.F.R. Part 200. d. The GEMT provider specific per-GEMT transport cost rate is calculated by dividing the total net GEMT services allowable costs (Paragraph C.l.a, C.1.b, and C.l.c) of the specific provider by the total number of GEMT transports provided by the provider for the applicable service period. D. Prospective Supplemental Payment Amount 1. The Department will calculate annual prospective supplemental payment amounts for eligible GEMT provider on a per-GEMT transport basis. The per-GEMT transport prospective supplemental payment amount for each provider is based on the provider's completed annual cost report in the format prescribed by the Department for the applicable cost reporting year. The Department will make adjustments to the as -filed cost report based on the results of the most recently retrieved IA-MMIS report. 2. Each eligible GEMT provider must compute the annual cost in accordance with the Cost Determination Protocols (Section C.) and must submit the completed annual as - filed cost report, to the Department five (5) months after the close of the service period. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 286 of 321 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16i- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers 3. The prospective supplemental payment amount is calculated by subtracting from Iowa Medicaid's portion of the total GEMT allowable costs (Paragraph C.1) from the as -filed cost report adjusted by the Department (Paragraph D.1), the total Iowa Medicaid base payments (Paragraph B.2) and other payments, such as Iowa Medicaid co -payments, received by the providers for providing GEMT services to Iowa Medicaid members. The result of this calculation is the uncompensated care costs for GEMT services provided to Iowa Medicaid members. 4. The result in Paragraph D.3 is divided by the Iowa Medicaid GEMT transports (including dry runs as defined in Paragraph A.6) from the as -filed cost report adjusted by the Department to calculate the per-GEMT services prospective supplemental payment amount. This amount will be paid prospectively, in addition to the Iowa Medicaid base payments (Paragraph B.2) on a claim by claim basis. 5. The prospective supplemental payment amount will be updated the following July 1, and every year thereafter, following submission and review of the cost report. Specifically, the prior year's uncompensated care amount per Medicaid transport will be paid as an adjustment to the following year's base rate. E. Eligible GEMT Provider Reporting Requirements Eligible GEMT providers shall: 1. Submit the GEMT services cost report no later than five (5) months after the close of the CY, unless a provider has made a written request for an extension and such request is granted by the Department. 2. Provide supporting documentation to serve as evidence supporting information on the submitted cost report and the cost determination as specified by the Department. 3. Keep, maintain, and have readily retrievable, such records as specified by the Department to fully disclose reimbursement amounts to which the eligible government entity is entitled, and any other records required by CMS. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 287 of 321 State/Territory: Revised Submission 7.10.19 Attachment 4.19-B PAGE - 16j- IOWA Supplemental payment for publicly owned or operated ground emergency medical transportation providers 4. Comply with the allowable cost requirements provided in 2 C.F.R. Part 200, and Medicaid non -institutional reimbursement policy. F. Department Responsibilities 1. The Department will submit to CMS claims for GEMT services that are allowable and in compliance with federal laws and regulations and Medicaid non -institutional reimbursement policy. 2. The Department will, on an annual basis, submit any necessary materials to the federal government to provide assurances that claims will include only those expenditures that are allowable under federal law. 3. The Depaitnient may conduct on -site audits as necessary and will complete the audit within two years of the postmark date of the accepted cost report. State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 Page 288 of 321 Council Communication City Council Meeting: TBD Prepared: 12/07/2023 Dept. Head Signature: Number of Attachments: 2 SUBJECT: Event & Capital Hotel -Motel Tax Grants FY24 Q3/Q4 Submitted by: Tavis Hall, Experience Waterloo Recommended City Council Action: Approve Experience Waterloo (CVB) board recommendation for funding in the Event/Capital Hotel -Motel Tax Grant funds for Q3/Q4 of FY24. Event & Capital Grant Summary Statement: The Experience Waterloo board has reviewed 10 applications for funding in the Event Grant fund for Fiscal Year 2024 Q3/4, and has recommended funding 9 applications, with 1 additional capital grant, resulting in a total recommended funding of $90,400. The total economic impact of the projects recommended for funding totals $5,393,386. All of the recommended awarded events had an economic impact of over $150,000, with an average economic impact over $700,000. Experience Waterloo calculates these projections utilizing an economic impact calculator developed for Destination Marketing Organizations by Destinations International and Oxford Economics. The figures are generated from both visitor and event organizer spending and were calculated using the figures available to us in the applications. Source of Funds: Hotel -motel tax grant funding for FY24 Policy Issue: None Alternative: Do not provide funding or provide alternate funding. Background Information: The Experience Waterloo Board reviewed all applications and scored based on the project's ability to meet the goals of the grant program: 1. Does the project have a significant economic impact / significantly enhance the visitor's experience in Waterloo? 2. Does the project strengthen the perceptions of Waterloo? 3. How important are grant dollars toward ensuring the success of the project? 4. Is the application clear, complete and thought-out? 5. Is the project new, or are there significant changes from previous years? Page 289 of 321 SHIPT x CVFAC Expo Weekend Applicant: Marcia Jones / ONE Cedar Valley Dates: March 28-30, 2024 Location: UNI Campus/Waterloo Convention Center Summary: The SHIPT x CVFAC Expo weekend ignites the spirit of African American culture in the heart of the Cedar Valley. The Expo seeks to share the rich and multicultural expression via music, fashion, culture, and the arts in an inclusive, vibrant, and positive community festival setting. This year, they have added a third day with a focus on a youth education summit, in addition to the cultural icons awards and Fashion/Art & Culture Expo. Attendance: This year the SHIPT x CVFAC Expo has an expected attendance of 1,200 people. They plan to track attendance with their ticket sales and reservations. This event will also bring in 275 people from out of Black Hawk County. Projected room nights: 60 rooms total Room night impact: While having only 60 rooms occupied is not a huge influx of guests, this great event helps showcase Waterloo to another population of people. We can see where the event is headed and want to be a part of it's success. Projected economic impact: $180,213 Request: $3,000 ROI (Economic impact based on requested funds): A $3,000 award, as requested, would return $60.07 per dollar invested. Notes regarding funds: The grant's funds will be used for marketing, renting a venue, and to help secure talent. If they did not receive this funding, they would not be able to provide the high level of programming that represents our community. Application quality (was it clear, complete, well thought-out): This years application was complete and easy to follow Page 290 of 321 Event Impact Summary Destination: Experience Waterloo Event Parameters Key Results Event Name: SHIPT x CVFAC Expo Weekend - FY24B Organization: ONE Cedar Valley Event Type: Trade Show Start Date: 3/28/2024 End Date: 3/30/2024 Overnight Attendees: 60 Day Attendees: 1200 Direct Business Sales J $80.000 $60.000 $40.000 $20.000 $0 Sales by Source u C .Attei•iee O'39'Y zer Exi u th'5 Sv Business Sales (Direct): Business Sales (Total): Jobs Supported (Direct): Jobs Supported (Total): Local Taxes (Total): Net Direct Tax ROI: Estimated Room Demand: $116,526 $180,213 58 75 $1,173 $966 70 Sales by Sector Trans. Retail Recreation S1 v., .,,, Space Rental Lodging S2v.. ,,, S4v.CC Industry Attendees Organizer Exhibitor Total Lodging $6,953 $5,425 $0 $12,378 Transportation $3,875 $1,808 $3,623 $9,306 Food & Beverage $10,472 $17,698 $7,619 $35,789 Retail $5,227 $0 $0 $5,227 Recreation $2,198 $0 $0 $2,198 Space Rental $0 $11,960 $2,101 $14,061 Business Services $0 $27,811 $9,757 $37,567 TOTAL $28,725 $64,702 $23,100 $116,526 Page 291 of 321 Senior Softball Tournament (SSUSA) Applicant: Waterloo Softball Association Dates: 5/ 16/2024 - 5/18/2024 Location: Hoin-Rice Softball Complex Summary: The SSUSA Senior Softball Tournament is a 48-team tournament for players ages 50+. Teams range from across Iowa, Missouri, Minnesota, Wisconsin, Kansas, Illinois & Oklahoma. Staff funding recommendation: $2,400 Attendance: A 48-team tournament is a strong tournament, with spouses traveling for senior events better than traditional softball or other adult tournaments. Projected room nights: A total of 1,650 room nights (550 rooms per night) Room night impact: May occupancy is not as high as summer travel, but the numbers to trend up in the month. Projected economic impact: $613,094 Request: $2,400 ROI (Economic impact based on requested funds): $255.45 per dollar invested. Notes regarding funds: These grant dollars will be used in the prize pool for the contest, which helps recruit more teams regionally. Application quality: This year's application was thorough and easy to follow. Page 292 of 321 Blue Suede Memories Applicant: Stardust Productions Dates: 5/3/2024 - 5/5/2024 Location: Waterloo Convention Center Summary: Blue Suede Memories is an annual Elvis Presley musical contest & tribute event. The event has been held in Waterloo for at least 10 years. Attendance: This event has seen attendance over the weekend around 750 for a number of years. While the applicant suggested doubling attendance, staff is not confident that those estimations are accurate. As a longtime area event, the organizers are familiar with grant application rules, which likely factored into their decision to apply for the maximum amount. Projected room nights: Organizers projected 919 rooms total. Staff anticipates that number being closer to 300. Room night impact: May occupancy is not as high as summer travel, but the numbers to trend up in the month. Projected economic impact: $176,705 Request: $3,000 ROI (Economic impact based on requested funds): If funded at $3,000, ROI would be $58.90 per dollar invested. Notes regarding funds: These grant dollars will be used in the prize pool for the contest, which helps recruit better impersonators and more attendance regionally. Application quality: This year's application was thorough and easy to follow. Page 293 of 321 Event Impact Summary Destination: Experience Waterloo Event Parameters Key Results Event Name: Organization: Event Type: Start Date: End Date: Overnight Attendees: Day Attendees: Ebonite Winter Classic Grater Bowling Association Convention 2/23/2024 2/25/2024 150 500 Direct Business Sales $80.000 - $60.000 - $40.000 - $20.000 - $0 Sales by Source i Attendees u•geize• Exhibitor Business Sales (Direct): Business Sales (Total): Jobs Supported (Direct): Jobs Supported (Total): Local Taxes (Total): Net Direct Tax ROI: Estimated Room Demand: $129,910 $201,406 70 86 $3,135 $2,903 300 Sales by Sector Trans. Space Rental Retail Recreation Lodging Business Services SO S10:000 S20.000 530:000 S40:000 550:00 Industry Attendees Organizer Exhibitor Total Lodging $30,024 $2,559 $0 $32,583 Transportation $7,054 $853 $2,494 $10,401 Food & Beverage $17,787 $19,364 $5,245 $42,396 Retail $6,557 $0 $0 $6,557 Recreation $3,299 $0 $0 $3,299 Space Rental $0 $8,197 $1,446 $9,643 Business Services $0 $18,313 $6,717 $25,030 TOTAL $64,721 $49,287 $15,902 $129,910 Page 294 of 321 Cedar Valley Classic Applicant: Jennie Plummer/Cedar Valley Gymnastics Academy Dates: 1 /26-1 /28/2024 Location: Waterloo Convention Center Summary: The Cedar Valley Classic is an event that helps qualify competitive gymnasts to the State competition. This event has continued to grow year after year. This year they plan to measure the events success using the number of athletes attending. Board Recommendation: $10,000 Attendance: The Cedar Valley Classic is anticipating over 2,500 guests for this event. Projected room nights: 115 rooms total Room night impact: 115 rooms in January would be extremely beneficial to the economic impact of Waterloo. Events tend to slow down during the slower month so these rooms will fill most of the downtown hotels! Projected economic impact: $279,746 Request: $10,000 ROI (Economic impact based on requested funds): A $10,000 award would return $27.97 per dollar invested. Notes regarding funds: These funds will help cover the cost of the venue. Without these funds they would have to cut back on parts of the event that are a huge draw for participants. Application quality (was it clear, complete, well thought-out): This application was clearly thought out and easy to follow. Page 295 of 321 Event Impact Summary Destination: Experience Waterloo Event Parameters Key Results Event Name: Organization: Event Type: Start Date: End Date: Overnight Attendees: Day Attendees: Cedar Valley Classic Cedar Valley Gymnastic Academy Convention 1/26/2024 1/28/2024 115 1500 Direct Business Sales $120.000- $100.000 - $80.000 - $60.000 - $40.000 - $20.000 - $0 Sales by Source i L A1'2'd22 V'3992' EX'Y v to'; Business Sales (Direct): Business Sales (Total): Jobs Supported (Direct): Jobs Supported (Total): Local Taxes (Total): Net Direct Tax ROI: Estimated Room Demand: $180,774 $279,746 96 122 $2,708 $2,386 230 Sales by Sector -M Trans. Space Rental Retail -I Recreation Lodging Food/Bev Sv S2v, 0.0. S40.:0.0.C. S a C.. C. C. v SBv. Industry Attendees Organizer Exhibitor Total Lodging $23,018 $6,359 $0 $29,377 Transportation $5,124 $2,120 $4,843 $12,087 Food & Beverage $13,030 $37,607 $10,187 $60,824 Retail $4,685 $0 $0 $4,685 Recreation $2,422 $0 $0 $2,422 Space Rental $0 $15,920 $2,809 $18,729 Business Services $0 $39,605 $13,044 $52,649 TOTAL $48,280 $101,611 $30,883 $180,774 Page 296 of 321 Ebonite Winter Classic Bowling Tournament Applicant: Joe Engelkes/Greater Iowa Bowling Association Dates: 3/03-3/05/2024 Location: Cadillac XBC Summary: The Ebonite Winter Classic Bowling Tournament is a scratch bowling tournament that has been held in Waterloo since 201. This tournament is widely regarded as one of the most successful scratch tournaments in the Midwest area. It will attract bowlers from Iowa, other surrounding states, and beyond. Attendance: This year the project attendance for the Ebonite Winter Classic Bowling Tournament is around 1,300 attendees with over 500 room nights. Projected room nights: Around 500 rooms total Room night impact: Having this large amount of rooms occupied during the month of March is important because it is a slower month for the hotels. There are less events happening during this time of year so having these rooms filled will help the economic impact of Waterloo. Projected economic impact: $189,096 Request: $5,000 ROI (Economic impact based on requested funds): A $5,000 award would return $37.81 per dollar invested. Notes regarding funds: The funds from this grant will help Greater Iowa Bowling Association offset funds of the event and add money to the prize fund for the attendees. If they were to go without these funds their event would not be successful because the prize fund is a huge draw for the tournament. Application quality (was it clear, complete, well thought-out): This years application was complete and easy to follow Page 297 of 321 Event Impact Summary Destination: Experience Waterloo Event Key Results Parameters Event Name: Ebonite Winter Classic Bowling Business Sales (Direct): $122,190 Tournament Organization: Greater CV USBC Bowling Business Sales (Total): $189,096 association Event Type: Trade Show Jobs Supported (Direct): 64 Start Date: 3/3/2024 Jobs Supported (Total): 79 End Date: 3/5/2024 Local Taxes (Total): $3,357 Overnight Attendees: 152 Net Direct Tax ROI: $3,139 Day Attendees: 500 Estimated Room 304 Demand: Direct Business Sales Sales by Source Sales by Sector $80.000 Trans. $00.000 Space Rental Retail 0.000 -M Recreation $20.000 IIIM Business Services $0 fitt=_1d2_a •3s1z=_• Ex-oto•a 5v Sl:)::::: 52v...0C 53v::::0:. 54v. Industry Attendees Organizer Exhibitor Total Lodging $33,466 $2,752 $0 $36,218 Transportation $5,745 $917 $2,460 $9,122 Food & Beverage $16,692 $12,017 $5,174 $33,883 Retail $6,696 $0 $0 $6,696 Recreation $3,584 $0 $0 $3,584 Space Rental $0 $8,121 $1,427 $9,548 Business Services $0 $16,515 $6,625 $23,140 TOTAL $66,183 $40,322 $15,685 $122,190 Page 298 of 321 VGM Heartland Conference Applicant: Samantha Doering / VGM Group Inc. Dates: 06/ 10-06/ 12/ 2024 Location: Waterloo Convention Center Summary: The VGM Heartland Conference is a annual conference that offers two days of premier education for the HME Industry including complex rehab, marketing, accessibility, compliance, business leadership, people strategy, and much more. The main goal of this event is to provide education and networking opportunities for the VGM members. Staff funding recommendation: $20,000 Attendance: The VGM Heartland Conference is anticipating 2,600 total attendees. Projected room nights: 1550 rooms total Room night impact: Having 1550 room nights during the month of June will be a huge amount of economic impact. It will be a kick-off to the start of the summer of events. Projected economic impact: $1,432,745 Request: $20,000 ROI (Economic impact based on requested funds): A $20,000 award would return $72.64 per dollar invested. Notes regarding funds: These grant dollars will be used to help cover fixed costs for putting on this event. Application quality: This year's application was very thorough and easy to follow. Page 299 of 321 Event Impact Summary Destination: Experience Waterloo Event Parameters Key Results Event Name: VGM Heartland Business Sales (Direct): $924,667 Organization: VGM Group Business Sales (Total): $1,432,745 Event Type: Convention Jobs Supported (Direct): 502 Start Date: 6/10/2024 Jobs Supported (Total): 612 End Date: 6/12/2024 Local Taxes (Total): $29,872 Overnight Attendees: 1550 Net Direct Tax ROI: $28,218 Day Attendees: 1000 Estimated Room 3,102 Demand: Direct Business Sales Sales by Source Sales by Sector $00.000 Trans. Space Rental g400.00o Retail -. Recreation $200:000 Business Services 3 r]o0=151))1 w51})s a -Ss : Attendee; O'39nze' ExhibitDr Industry Attendees Organizer Exhibitor Total Lodging $310,243 $10,041 $0 $320,284 Transportation $49,634 $3,347 $14,831 $67,812 Food & Beverage $134,028 $115,165 $31,196 $280,389 Retail $39,706 $0 $0 $39,706 Recreation $25,313 $0 $0 $25,313 Space Rental $0 $48,752 $8,602 $57,354 Business Services $0 $93,863 $39,946 $133,809 TOTAL $558,924 $271,168 $94,575 $924,667 Page 300 of 321 Iowa FIRST Robotics Competition Applicant: Jeff Margrett / FIRST Dates: 03/20-03/23/2024 Location: Iowa Regional - McLeod Center/UniDome - University of N. Iowa Summary: Iowa FIRST Robotics Competition is a large-scale high school team robotics competition that brings in around 60 teams to compete at the University of Northern Iowa. This event has become very popular in the Midwest and is widely attended. Staff funding recommendation: $5,000 Attendance: The Iowa FIRST Robotics Competition is anticipating 7,200 total attendees. Projected room nights: 965 rooms total Room night impact: T The Iowa FIRST Robotics Competition is anticipating 965 total room nights. This number of rooms will fill all hotel rooms in Cedar Falls and majority of those in Waterloo as well. Having these rooms over a three-day period will help create a large economic impact for the month of March. Projected economic impact: $1,373,697 Request: $5,000 ROI (Economic impact based on requested funds): A $5,000 award would return $274.73 per dollar invested. Notes regarding funds: These grant dollars will be used to help cover fixed costs for putting on this event. Application quality: This year's application was very thorough and easy to follow. Page 301 of 321 Event Impact Summary Destination: Experience Waterloo Event Key Results Parameters Event Name: Iowa FIRST Robotics Business Sales (Direct): $887,982 Organization: FIRST Business Sales (Total): $1,373,697 Event Type: Trade Show Jobs Supported (Direct): 285 Start Date: 3/20/2024 Jobs Supported (Total): 353 End Date: 3/23/2024 Local Taxes (Total): $23,982 Overnight Attendees: 965 Net Direct Tax ROI: $22,400 Day Attendees: 3000 Estimated Room 2,389 Demand: Direct Business Sales $500.000 Sales by Source Sales by Sector $400.000 r Trans. Space Rental Retail $300.000 -. Recreation $200.000 $100.000 $0 Attendees 0rgsi2e' Exio1o•s S6 556,Cr66 $146,004 $156,064 $200,0X. $256,400 $36,44 Industry Attendees Organizer Exhibitor Total Lodging Transportation Food & Beverage Retail Recreation Space Rental Business Services TOTAL $238,863 $39,933 $119,454 $43,799 $25,774 $0 $0 $467,822 $22,761 $7,587 $87,977 $0 $0 $59,452 $127,553 $305,330 $0 $18,008 $37,876 $0 $0 $10,445 $48,501 $114,829 $261,624 $65,528 $245,308 $43,799 $25,774 $69,897 $176,054 $887,982 Page 302 of 321 My Waterloo Days 2024 Applicant: Experience Waterloo Dates: June 7-9, 2024 Location: Lincoln Park & Downtown Waterloo Summary: My Waterloo Days is entering it's 42nd annual event. This three day event features music, fireworks, parades and much more from across the community. Attendance: 2023 saw an increase of over 300% according to Placer.AI, with Friday night generating 16,000 attendees and Saturday generating 8,000 (despite poor weather conditions). This year, given secured headliners, anticipated attendance is 30,000. Projected room nights: Experience Waterloo is conservatively estimating 250 hotel rooms over the weekend. Room night impact: June is a strong occupancy month, with Water park and Theme park opening, as well as events like VGM's Heartland Conference taking place. Projected economic impact: $1,135,780 Request: $6,000 ROI (Economic impact based on requested funds): $189.30 Notes regarding funds: These grant dollars will be used toward headliner fees, which help drive attendance of the festival. Application quality: This year's application was thorough and easy to follow. Page 303 of 321 Event Impact Summary Destination: Experience Waterloo Event Parameters Key Results Event Name: Organization: Event Type: Start Date: End Date: Overnight Attendees: Day Attendees: My Waterloo Days - FY24 Experience Waterloo Convention 6/7/2024 6/9/2024 250 15000 Direct Business Sales 00.000 - $300.000 - $200.000- $100.000 - $0 Sales by Source 1 .Allei.iee O •39to•s Business Sales (Direct): Business Sales (Total): Jobs Supported (Direct): Jobs Supported (Total): Local Taxes (Total): Net Direct Tax ROI: Estimated Room Demand: $719,927 $1,135,780 533 687 $4,487 $3,131 149 Sales by Sector Trans. Space Rental Retail Recreation Lodging Industry Attendees Organizer Exhibitor Total Lodging $17,162 $25,594 $0 $42,756 Transportation $7,591 $8,531 $43,313 $59,436 Food & Beverage $15,970 $201,793 $91,102 $308,866 Retail $6,475 $0 $0 $6,475 Recreation $2,922 $0 $0 $2,922 Space Rental $0 $0 $25,122 $25,122 Business Services $0 $157,694 $116,657 $274,351 TOTAL $50,121 $393,613 $276,193 $719,927 Page 304 of 321 IOMA State Dart/ Pool Tournament Applicant: Ira Miller / IOMA Dates: Pool 2/14-18/2024 and Dart 3/13-17/2024 Location: Waterloo Convention Center Summary: The IOMA State Dart/Pool tournament is one of the largest of its kind in the country. This tournament draws in about 900 players for darts and about 2,000 players for pool. There are also spectators for each tournament that come and stay as well. This event brings a great deal of people from all over the country into Waterloo. Attendance: This year the tournament has an anticipated attendance of over 2,900 players and spectators. With around 80% of the attendees being out of Black Hawk County. They expect around 2,100 of the attendees to fly in via air travel. Projected room nights: 3000 rooms total Room night impact: This huge influx of rooms throughout the months of February and March will help the economic impact for waterloo immensely. These months are usually slower for events and room bookings. Projected economic impact: $ 2,616,555 Request: $20,000 ROI (Economic impact based on requested funds): A $20,000 award would return $130.83 per dollar invested. Notes regarding funds: These dollars will be used to help the organization offset the costs of renting the equipment and the venue. Application quality (was it clear, complete, well thought-out): This years application was complete and easy to follow. Page 305 of 321 Event Impact Summary Destination: Experience Waterloo Event Parameters Key Results Event Name: Pool & Dart Business Sales (Direct): $1,683,918 Organization: IOMA Business Sales (Total): $2,616,555 Event Type: Convention Jobs Supported (Direct): 514 Start Date: 3/7/2024 Jobs Supported (Total): 631 End Date: 3/11/2024 Local Taxes (Total): $37,602 Overnight Attendees: 2500 Net Direct Tax ROI: $34,566 Day Attendees: 6000 Estimated Room 3,181 Demand: Direct Business Sales Sales by Source Sales by Sector $1.00O.000 Trans. $800.000 Space Rental $600.000 Retail • Recreation $400.000 Lodging $200.000 $0 A::= ',a'== _,..: _ , sc. 52vu.vuu 54vu.0 X SSvu.vu; Industry Attendees Organizer Exhibitor Total Lodging $349,921 $32,806 $0 $382,727 Transportation $102,445 $10,935 $47,601 $160,981 Food & Beverage $227,659 $221,768 $100,120 $549,548 Retail $78,653 $0 $0 $78,653 Recreation $42,413 $0 $0 $42,413 Space Rental $0 $93,881 $27,608 $121,489 Business Services $0 $219,903 $128,204 $348,108 TOTAL $801,091 $579,293 $303,534 $1,683,918 Page 306 of 321 Communal Event Infrastructure Applicant: Experience Waterloo Request: $20,000 Summary: Experience Waterloo is seeking $20,000 to cover costs of festival fencing that a number of community events currently rent. If funded, Experience Waterloo would add an estimated 900+ feet of Plastic Crowd Control Fillable Barricades (301bs empty / 501bs filled), to an already extensive list of items for event sharing. Upon completion of the application, entities who would utilize the fencing included Iowa Irish Festival, Cedar Valley Pride Festival, Main Street Waterloo. Any event receiving hotel/motel grants would be eligible to utilize the items in the Communal Event Inventory with a simple execution of MOA to replace in event of damage or loss of item(s). To date, the inventory of items in the program include: ❑ 10'x10' pop tent (10 available) - value $150.00 per ❑ 10'x20' pop tent (8 available) - value $250.00 per ❑ 6' tables (48 available) - value $75.00 per ❑ 150 qt Igloo cooler (8 available) - value $125.00 per ❑ Square readers (9 available) - value $300.00 per ❑ portale fender sound system (1 available) - value $450.00 ❑ 8'x8' turf (8 available) - value $275.00 per Page 307 of 321 Page 308 of 321 FYQ1 & Q2 Hotel -Motel Event/Partner & Mini Grants Total Awarded: $186,200 ($280,000available) FYQ3 & Q4 Hotel -Motel Balance Total Available: $93,800 FYQ3 & Q4 Hotel -Motel Grants Total Recommended: $90,400 Event Date & Location Economic Impact Request Request ROI TOTAL $5,393,386 $90,400 $1,000 SHIPHT (event pool) March 28-30, 2024 @ UNI &WCC $180,213 $3,000 $60.07 Senior Softball (event pool) May 16-18, 2024 @ Hoing-Rice Softball $613,094 $2,400 $255.46 Blue Suede Memories (event pool) May3-5,2024 @ wcc $176,705 $3,000 $58.90 CV Classic (event pool) January 26-28, 2024 @ WCC $279,746 $5,000 $55.95 Ebonite Bowling (event pool) February23-25,2024 @ CadillacXBC $201,406 $6,000 $33.57 VGM Heartland (event pool) June 10-12, 2024 @ WCC $1,432,745 $20,000 $71.64 FIRST Robotics (event pool) March 20-23, 2024 @ UNI $1,373,697 $5,000 $274.74 My Waterloo Days (event pool) June 7-9, 2024 @ Lincoln Park $1,135,780 $6,000 $189.30 Pool & Dart (event pool) Feb & March @ WCC $968,856 $20,000 $48.44 Experience Waterloo (capital pool) Communal Event Infrastructure - Fencing $0 $20,000 $0.00 Page 309 of 321 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE December 18, 2023 AGENDA ITEM TITLE Request by the City of Waterloo on behalf of H&A, LC, to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The area of the proposed site is currently zoned "A-1" Agricultural District and has been zoned as such since adoption of Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North — Agricultural and John Deere Factory zoned "M-2,P" Planned Industrial District. South — Iowa Northern Railroad, a detention pond, and Martin Luther King, Jr. Drive zoned "M-2,P" Planned Industrial District. East — Agricultural land and a residence zoned "M-2,P" Planned Industrial District. Warren Transportation and IBP are located farther to the east. West — Industrial uses and agricultural land zoned "M-1" Light Industrial District and "M-2,P" Planned Industrial District, including the Northeast Industrial Park. The applicant is requesting to rezone approximately 60 acres of land from "A-1" Agricultural District to "M-2,P" Planned Industrial District for future industrial development. The site is located in the heart of the Northeast Industrial area, being located just east of several companies, including Gray Transportation and Ryder Logistics and to the south of the John Deere factory and west of IBP. Most of the surrounding land is zoned "M-2,P" except for the adjacent property to the west, which is zoned "M-1" Light Industrial District. A portion of the property is in the 100-year floodplain; therefore, any development in the floodplain areas would need to be at least 1 foot above the base flood elevations. However, since the land is proposed to be rezoned as a planned district, any future development will need to come to the Planning, Programming, and Zoning Commission and City Council for approval. The Planning, Programming and Zoning Commission voted 7-0 to recommend approval of the request at their November 14, 2023 meeting. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood as it is Page 310 of 321 compatible with zoning in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was heald by the Planning Programming and Zoning Commission on November 14, 2023, and voted 7-0 to recommend approval, and notices were sent to all property owners within 250 feet of the rezone area. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION The Northwest 1/4 of the Northwest Quarter of Section 21, T89N, R12W, and all that part of the Southwest 1/4 of the Northwest Quarter of said Section 21 lying Northerly of the Northerly line of the right-of-way of the Chicago Great Western Rail Road, City of Waterloo, Iowa. ATTACHMENTS 1 Staff Report - E of 2950 Newell Street 2. East of 2950 Newell - Rezone Al to M2P - Aerial Map 3. East of 2950 Newell - Rezone Al to M2P - Overview Map 4. Application Page 311 of 321 November 14, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: DEVELOPMENT HISTORY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by the City of Waterloo on behalf of H&A, LC to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to rezone the properties in question from "A-1" Agricultural District to "M-2,P" Planned Industrial District for future industrial development. The request would not appear to have a negative impact on the surrounding neighborhood as it is compatible with zoning in the area. The request does not appear to have a negative impact on nearby properties or land uses. The site will be accessed from Newell Street, which is classified as a Minor Arterial. A trail is located along Martin Luther King, Jr Drive, which is located to the south of the property in question. The surrounding commercial development was constructed between 1980 and 1997, with residential development between 1948 and 1971. The area of the proposed site is currently zoned "A-1" Agricultural District and has been zoned as such since adoption of Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning are as follows: North — Agricultural and John Deere Factory zoned "M-2,P" Planned Industrial District. South — Iowa Northern Railroad, a detention pond, and Martin Luther King, Jr. Drive zoned "M-2,P" Planned Industrial District. East — Agricultural land and a residence zoned "M-2,P" Planned Industrial District. Warren Transportation and IBP are located farther to the east. West — Industrial uses and agricultural land zoned "M-1" Light Industrial District and "M-2,P" Planned Industrial District including the Northeast Industrial Park. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 1 of 7 Page 312 of 321 November 14, 2023 r . - ae7r° 'eft 4:(11-4:...A. 6°77° #—.°.-vt..77.A.7':ct',5i,drCA:cfr."4-4, ss -s ;s fss s ss s f s .f sus �s .f s Js 4 } ,4ti 2950 Newell Street 74::„ „X.:14 e.c."4-7Y, eocir.€71.?"Z‘Z;rA 4:7;IrA 477.1"4A6 . BUFFERS/ SCREENING REQUIRED: DRAINAGE: There is no screening required in relation to this request. A drainage plan will not be required to be submitted until development plans are done. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 2 of 7 Page 313 of 321 November 14, 2023 FLOODPLAIN: Portions of the property are located in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0194F, dated July 18, 2011. 07/18/11 DFIRM FLOODPLAIN FLOOD ZONE 0.2 PCT ANNUAL CHANCE FLOOD HAZARD A AE AO X PROTECTED BY LEVEE PUBLIC /OPEN There are no schools in the immediate area. SPACES/ SCHOOLS: East of 2950 Newell Rezone "A-1" to "M-2,P" Page 3 of 7 Page 314 of 321 November 14, 2023 Picture 1: Looking northeast from Martin Luther King, Jr. Drive. Picture 2: Looking north from Martin Luther King, Jr. Drive. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 4 of 7 Page 315 of 321 November 14, 2023 Picture 3: Looking south from Newell Street at the rezone area. Picture 4: 2950 Newell Street. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 5 of 7 Page 316 of 321 November 14, 2023 UTILITIES: WATER, There are 24" and 36" sanitary sewer lines located on the southern SANITARY SEWER, portion of the property located adjacent to the Iowa Northern Railroad. STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The Future Land Use Map designates this property as Industrial. The proposed land use is in conformance with the Future Land Use Map for this area. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan, approved on August 21, 2023. STAFF ANALYSIS The applicant is requesting to rezone approximately 60 acres of land ZONING ORDINANCE: from "A-1" Agricultural District to "M-2,P" Planned Industrial District for future industrial development. The site is located in the heart of the Northeast Industrial area, being located just east of several companies, including Gray Transportation and Ryder Logistics and to the south of the John Deere factory and west of IBP. Most of the surrounding land is zoned "M-2,P" except for the adjacent property to the west which is zoned "M-1" Light Industrial District. TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS SUBDIVISION ORDINANCE: A portion of the property is in the 100-year floodplain; therefore, any development in the floodplain areas would need to be at least 1 foot above the base flood elevations. However, since the land is proposed to be rezoned as a planned district, any future development will need to come to the Planning, Programming, and Zoning Commission and City Council for approval. At their November 14, 2023 meeting, the Planning, Programming, and Zoning Commission voted 7-0 to recommend approval of the request. There were no comments from the Technical Review Committee on this request. There is no platting in relation to this request. STAFF Therefore, staff recommends that the request by the City of Waterloo on RECOMMENDATION: behalf of H&A, LC to rezone approximately 60 acres from "A-1" Agricultural District to "M-2,P" Planned Industrial District located east of 2950 Newell Street, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 6 of 7 Page 317 of 321 November 14, 2023 3. The zoning will be consistent with much of the rest of the Northeast Industrial Area. East of 2950 Newell Rezone "A-1" to "M-2,P" Page 7 of 7 Page 318 of 321 City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 2950 Newell Street NEWELL ST Properties Proposing Rezoning East of 295o Newell Street Rezone from "A-i" to "M-2,P" City of Waterloo on behalf of H&A, LC hnnr- 21 (1 of Z91 ' N s 'E OF WA TF � '��o lll. ;.„T o City of Waterloo Planning, Programming and Zoning Commission November 14, 2023 .1 East of 295o Newell Street Rezone from "A-1" to "M-2,P" City of Waterloo on behalf of H&A, LC n ...... 07n ..F 071 • APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): City of Waterloo Address: 715 Mulberry Street Phone:319-291-4366 Fax: City: Waterloo State: Iowa Zip:50703 Email: noel.anderson(cr�.waterloo-ia.ora b. Status of applicant: (a) Owner 0 (b) Other 0 (SELECT ONE): If other explain: c. Property owner's name if different than above (please print): H&A LC Address: 8101 Dysart Avenu Phone: Fax: City: Waterloo State: Iowa Zip:50701 Email: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: East of 2950 Newell Street b. Legal description of property to be rezoned: NW NW SEC 21 T 89 R 12 and ALL THAT PART OF SW NWLYING NLYOFTHE NLYLINE OFRTOFWAY OFCGV' c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): e. Current zoning:A-t Requested zoning:M-2, P f. Reason(s) for rezoning and proposed use(s) of property: Future development g. Conditions (if any) agreed to: ii. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The fling fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in mtheir decision. The undersigned authorize City Zoning Officials to enter the property in question in re . rds to e request. Signature of Applicant Date Signature of Owner Date Page 321 of 321