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Council Packet - 6/17/2019
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY CO UNCIL CHAMBERS Monday, June 17, 2019 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. o n the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules " . 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. o n the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. o n Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 268 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Dave Zellhoefer, City Attorney Agenda, as proposed or amended. Minutes of June 10, 2019, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of KBBG-FM to hold their annual Community Parade on August 17, 2019 from 10:00 a.m. to 12:00 noon, with the parade participants utilizing E. 4th, Donald, Sumner, and Linden Streets, and ending at Ferguson Field. Submitted By: Dave Mohlis, Police Captain 3. Resolution approving the request of Husein Latic for tax exemptions on the construction of home improvements valued at $40,000, for property located at 1002 Williston Avenue, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving the request of Amber Willenburg for tax exemptions on the construction of a new single family home valued at $287,545, for property located at 4432 Charm Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving the request of Michael J. Carroll for tax exemptions on the construction of a new single family home valued at $369,772, for property located at 1322 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Page 2 of 268 Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving specifications, form of contract, etc., setting the date of bid opening as June 27, 2019 and date of public hearing as July 1, 2019, in conjunction with the Riverloop Public Market Fire Suppression Project, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as July 11, 2019 and date of public hearing as July 15, 2019, for the FY 2020 Digester No. 3 Lid Removal, Contract 982, and instruct City Clerk to publish said notice. Submitted By: Brian Bowman, Treatment Operations Supervisor 8. Resolution approving an Affidavit for release of property sale for an approved project in the Development Agreement with Residential Partners Development Partners, LLC, and authorize the Community Planning and Development Director to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 9. LIQUOR LICENSES a. Broadway Liquor, 821 Broadway Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 6/10/2020 b. Highway 63 Diner, 3030 Marnie Road Class: C Liquor Renewal Application Includes Sunday Expiration Date: 6/29/2020 c. Kwik Star #722, 1214 Franklin Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2020 d. Kwik Star #724, 1105 Cedar Bend Drive Class: B Native Wine / C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2020 e. Walgreen's #7455, 111 W. Ridgeway Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 6/16/2020 f. Walgreen's #10855, 1850 Logan Avenue Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 6/16/2020 Page 3 of 268 10. APPOINTMENTS a. Camarion Campbell Board/Commission: Community Development Board Expiration Date: June 18, 2022 New Appointment b. Glenn Behrends Board/Commission: Plumbing Board Expiration Date: June 13, 2022 Re -Appointment 11. Request from Engineering to receive and place on file official notification from the Iowa Department of Transportation to let a PCC Patching project of US 218 at IA 57 Interchange (Southbound) on June 18, 2019. Submitted By: Jamie Knutson, PE, City Engineer 12. Second Hand Goods Dealer License Application for Michael and Associates Firearms, 2315 Falls Avenue, Suite 2. 13. Bonds. PUBLIC HEARINGS 2. State Revolving Fund (SRF) Loan Environmental Public Notice. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing to proceed and transmit comments received. Submitted By: Jamie Knutson, PE, City Engineer 3. Property Exchange Agreement for the sale and conveyance of City owned property in the amount of $1.00, for two lots southeast of 55 Franklin Street, and acquisition of the Salvation Army building located at 415 E. 7th Street, in the amount of $200,000. 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 Property Exchange Agreement with the Salvation Army, and authorize the Mayor and City Clerk to execute said document. Resolution approving the sale and conveyance of City owned property in the amount of $1.00, for two lots located southeast of 55 Franklin Street, and authorize the Mayor and City Clerk to execute said document. Resolution approving acquisition of the Salvation Army building located at 415 E. 7th Street, in the amount of $200,000, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 4. Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Waterloo Homecoming Association in the amount of $8,500, Leisure Services Golf in Page 4 of 268 the amount of $12,000, Waterloo Cultural & Arts in the amount of $23,718, the Jesse Cosby Neighborhood Center in the amount of $8,500, Waterloo Police Department Event Overtime in the amount of $30,000, the Waterloo Memorial Hall Commission in the amount of $2,000, the North End Cultural Center in the amount of $4,500, Waterloo Leisure Services - SportsPlex in the amount of $10,000, and the Waterloo Municipal Band in the amount of $20,000. Submitted By: Michelle Weidner, Chief Financial Officer 5. Resolution approving Hoing-Rice Memorial Softball Complex Improvements Project and authorizing Waterloo Softball Association and Build our Ballpark grant application submission to Black Hawk County Gaming Association in the amount of $65,000. Submitted By: Paul Huting, Leisure Services Director 6. Resolution approving the Home Investment Partnership Program Consortium Cooperation Agreement with the City of Cedar Falls, Iowa, for the period of July 1, 2019 to June 30, 2022, and authorize the Mayor and City Clerk to execute said document. Submitted By: Rudy D. Jones, Community Development Director 7. Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with Ovivo of Salt Lake City, Utah, in an amount not to exceed $2,450, for travel expenses in conjunction with the removal of Digester No. 3 lid, and authorize the Mayor to execute said document. Submitted By: Brian Bowman,Treatment Operations Supervisor 8. Resolution approving Amendment No. 2 to the General Services Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $15,000, in conjunction with the Wastewater Treatment Facilities Planning and Nutrient Reduction Study and Operations Assistance, and amending the completion schedule to July 30, 2019, and authorize the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 9. Resolution approving a Professional Services Agreement with Vandewalle and Associates for fiscal year 2020, in the amount of $72,000, for continued work on downtown Waterloo planning efforts, redevelopment design, riverfront development, and funding opportunities, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution approving a Professional Service Agreement with 1 & S Group, Inc., of Waterloo, Iowa, in an amount not to exceed $36,000, in conjunction with the Five Sullivan Brothers Convention Center Penthouse/Chiller and miscellaneous renovations, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Commuity Planning & Development Director 11. Resolution approving an Escrow Agreement with DGOGWaterlooia10032018, LLC, (Dollar General) for city owned property located near the northeast corner of Idaho Street and Martin Luther King, Jr. Drive, and authorize the Mayor and City Clerk to execute said document. Page 5 of 268 Submitted By: Noel Anderson, Community Planning and Development Director ORDINANCES 12. Request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, for a site plan amendment to the "C -P" Planned Commercial District for the construction of 9,100 square foot Dollar General retail store, located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. Motion to receive, file, consider, and pass for the third time and adopt an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by the DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store, located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. Submitted By: Noel Anderson, Community Planning and Development Director 13. Request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. Motion to receive, file and consider and pass for the third time and adopt an ordinance approving a request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. Submitted By: Noel Anderson, Community Planning and Development Director 14. Request by the City of Waterloo to rezone 20.88 acres of land from "A-1" Agricultural District to "M -2,P" Planned Industrial District, located northwest of 4455 Remington Road. Motion to receive, file, consider, and pass for the third time and adopt 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 rezone of certain property, located northwest of 4455 Remington Road. Submitted By: Noel Anderson, Community Planning & Development Director 15. Request by MMS Consultants, Inc., on behalf of the City of Waterloo, for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of 416,678 square feet of warehouse, office, and maintenance buildings, located east of 1994 Newell Street. Motion to receive, file, consider, and pass for the third time and adopt an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request b y MMS Consultants, Inc., on behalf of the City of Waterloo, for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of 416,678 square feet of warehouse, office, and maintenance buildings, located east of 1994 Newell Street. Submitted By: Noel Anderson, Community Planning & Development Director 16. Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner -Casper Avenue from Page 6 of 268 Upland Drive - East side of Casper Avenue in a southerly direction. Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner - Casper Avenue from Upland Drive - East side of Casper Avenue in a southerly direction. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director OTHER COUNCIL BUSINESS 17. Motion to approve Change Order No. 3 for a net decrease in the amount of $1,844.48, to Cardinal Construction of Waterloo, Iowa, in conjunction with the Riverfront Stadium Group Seating Project. Submitted By: Travis Nichols, Facilities/Project Manager 18. Motion approving Change Order No. 2 in the amount of $27,244.96, in conjunction with the Waterloo Waste Water Treatment Plant Remedial Actions Phase IIIB, Contract No. 949. Submitted By: Brian Bowman, Treatment Operations Supervisor 19. Motion approving Change Order No. 1 for a net decrease of $26,275.04, in conjunction with the 2018 Remedial Action Phase IIIB Project, Contract No. 949. Submitted By: Brian Bowman, Treatment Operations Supervisor 20. Motion approving Change Order No. 1 for a net increase of $152,832.50, in conjunction with the FY 2019 Cattle Congress Sanitary Sewer Force Main Repair, Contract No. 985, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:35 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Airport Board Meeting minutes of March 26, 2019. 2. Airport Special Board Meeting minutes of March 29, 2019. 3. Planning, Programming & Zoning minutes of May 7, 2019. Page 7 of 268 4. Communication from the Waterloo Public Library on the notice of the conclusion of employment for Carolyn D. Sallis, Library Assistant, effective May 31, 2019, with recommendation of approval of payout of $3,490.66 for unused benefits. 5. Communication from the Waterloo Public Library on the notice of the conclusion of employment for Andrew D. Branstad, Library Assistant, effective June 3, 2019, with recommendation of approval of payout of $640.87 for unused benefits. Page 8 of 268 CITY OF WATERLOO Council Communication Minutes of June 10, 2019, Regular Session, as proposed. City Council Meeting: 6/17/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk 0 lac I h g b , N. an cy Approved 6/ 10 ,,,,,,, :57 P M: ATTACHMENTS: Description Type Minutes of 6/1( 0 9 ck: u Submitted by: Submitted By: t Page 9 of 268 June 10, 2019 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, June 10, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Chris Youngblut, Director of Technology 146386 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, June 10, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146387 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 3, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring June 15, 2019 as Juneteenth Celebration. Mayor Hart noted that spring Residents Academy presentation will be postponed to a later date. ORAL PRESENTATIONS Rev. Mary Robinson, All Nations Community Church, commented that she came to the council meeting in December 2018 to talk about the 24/7 Wall Street report labeling Waterloo as one of the worst cities in America for African Americans to live. She explained that she came up with a list of 59 different aspects of life that racism effects. She wanted to know what the council is going to do about racism in the community and that she is disappointed to see that the council has not taken action to date. She asked that a task force be formed to address racism in Waterloo. Bill Kammeyer , 526 Home Park Blvd., commented that council members serve at the pleasure of the public and that the council is not transparent because they do not publicly disseminate information that they are privileged to. Jim Chapman, 224 Bertch, commented that he is proud to be an American after watching a 96 year old American jump from a plane in Normandy last week. David Dryer, 3145 W. 4th Street, commented that the council is elected to be the public's representative. He stated that he does not hear anything from his Ward representative or other elected officials. As a result, he feels his voice in government is stifled. Todd Obadal, 124 Amity Drive, handed out pictures that showed SSO notifications. He pointed out that the sign is supposed to have a date that it was posted and it does not. Mr. Morrissey commented that the Public Works mechanics are down to four from seven and finds it problematic that the department is struggling to be appropriately staffed. He stated that he received an embargo route map, that a work session is scheduled for next week, and stated that he hoped the council would entertain a motion to embargo based on weight limits through residential properties. He asked that the city conduct an assessment or study on income disparities, housing disparities, racial and ethnic demographics, and do it in such a way that it relates to each Ward. He thanked Public Works for having an open house. A substitute for Bike to Friday'Loo is scheduled for July 13, 2019. Mrs. Juon commented that she reached out to Reverend Robinson after she came to council in December and has had great conversations. She stated that she likes the idea Mr. Morrissey proposed of doing a study on racial disparities. She read a thank you from Jessica Rucker of Main Street Waterloo for the community support for My Waterloo Days. Mayor Hart commented that Dr. Nafissa with Black Hawk County Health has received a grant to help address racial inequity in the county. He commended the volunteers for their hard work with putting on My Waterloo Days. Page 10 of 268 June 10, 2019 Page 2 Randy Bennett, Public Works Manager, explained that interviews are set for next week with mechanics. 146388 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146389 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated June 10, 2019, in the amount of $3,078,402.01, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2019-429. 2. Resolution approving the request of Main Street Waterloo to hold the 18th Annual BBQ'Loo festival in Lincoln Park on Friday, July 19, 2019 from 5:30 p.m. to 9:30 p.m. and Saturday, July 20, 2019 from 11:00 a.m. to 9:30 p.m., along with the closure of E. 4th Street, Mulberry Street and Park Avenue adjacent to Lincoln Park, and for a variance to the Noise Ordinance including live music and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2019-430. 3. Resolution approving the request of the Waterloo Public Library to hold the 6th Annual Mess Fest and kick-off event of the 2019 Youth Summer Library Program on Thursday, June 13, 2019 from 8:00 a.m. to 11:30 a.m. with a street closure on W. 3rd Street between Commercial and Cedar Street. Resolution adopted and upon approval by Mayor assigned No. 2019-431. 4. Resolution approving request of Karen Sanders for a waiver for a concrete driveway located at 1803 E. 4th Street (approach to be relocated to Ricker Street), and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2019-432. 5. Resolution from TG Capital, LLC, for a waiver for a concrete driveway located at 1661 Newell Street (approach relocation from Idaho Street to Newell Street), with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2019-433. b. Motion to approve the following: 1. a. 2. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Investigator Savage Trauma Informed Victim Interviewing for Criminal Justice Ames, IA June 25-27, 2019 $350.60 Approved Beer, Liquor, and Wine Applications Page 11 of 268 June 10, 2019 a. b. c. d. e. Page 3 Name & Address of Business Class New or Renewal Expiration Date Includes Sunday BP Fuel, 127 Jefferson Street B Native Wine / C Beer Renewal 6/26/2020 x ICON Lounge, 307 W. 4th Street B Native Wine / C Liquor New 5/28/2020 x Majestic Moon, 1955 Locke Avenue C Liquor Renewal 4/30/2020 x Speedy Mart, 926 Linn Street B Wine / C Beer Renewal 7/6/2020 x Walgreen's #3590, 3910 University Avenue B Wine / C Beer / E Liquor Renewal 6/16/2020 x 3. Application for Recycling Yard License AIRLINE AUTO PARTS INC. ' 1420 W. AIRLINE HWY. � o0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000i r000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000A uuuu r iuiriri A -LINE EDS INC. 808 DEARBORN AVE. A A -LINE IRON & METALS 11500 DAVID ST. iuiriri r �muu i r00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000i o00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000D CHASE AUTO PARTS 11041 SHEFFIELD AVE. iuiriri r �muu i r00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000i o00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000D CHASE AUTO PARTS 11117 SHEFFIELD AVE. iuiriri r �muu i 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r00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000i o00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000D PATS AUTO SALVAGE 1945 LOWELL AVE. iuiriri r00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000i o00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000D in[263owcF&NDR u PLUM'S R & B . r00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000i o00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000D iuiriri r u QUAILS AUTO SALVAGE & SALES 1202 GLENDALE ST. r00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000i o00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000D iuiriri r �muu R'S RECYCLING, LLC 1110 COURT AVE. � o0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 VIC FULLER SALVAGE & WRECKING r000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000A 2113 E MITCHELL AVE. � o0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 WATERLOO AUTO PARTS r000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000A 1501 GRANDVIEW AVE. 00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 WATERLOO AUTO PARTS WEEKLEY'S RECYCLING WILBER AUTO BODY & SALES 000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000A 1524 GRANDVIEW AVE. 105 DUNHAM PLACE 2220 EASTON AVE. 4. Bonds. Mr. Schmitt questioned the renewal terms of the recycling yards. Noel Anderson, Community Planning & Development Director, explained that the licenses are annual and the list reflects only those that turned in their applications. He stated there were a few that did not submit paperwork and they will be contacted to schedule an inspection. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 146390 - Schmitt/Feuss that proof of publication of notice of public hearing on a request by DGOGWaterlooial0032018, LLC, (Dollar General) of West Plains, Missouri, to vacate a drainage easement, located northeast of the Martin Luther King Jr. Drive and Idaho Street Intersection, as published in the Waterloo Courier on May 31, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 12 of 268 June 10, 2019 Page 4 This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146391 - Schmitt/Feuss that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146392 - Schmitt/Feuss that "an ordinance approving a request by DGOGWaterlooial0032018, LLC, (Dollar General) of West Plains, Missouri, to vacate a drainage easement, located northeast of the Martin Luther King Jr. Drive and Idaho Street Intersection", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned if the semis will be using Martin Luther King Jr. Drive or Newell. Mayor Hart asked Noel Anderson to have a conversation with the developer regarding this concern. 146393 - Schmitt/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Morrissey). Motion carried. Noel Anderson, Community Planning and Development Director, asked that the rules be suspended so that construction can move forward quickly. Mrs. Juon questioned if discussion has taken place yet on truck traffic. Noel Anderson commented that there has been no prior discussion about truck traffic, but he will have that conversation. He explained that it will not change the access on their site plan however and traffic will come in off of Idaho Street. Mrs. Juon commented that it may affect some of councils vote to suspend the rules. Mrs. Klein commented that this action is a technical step to help the development move forward. Mr. Morrissey commented that he will vote against suspending the rules as he wants the answer regarding truck traffic. 146394 - Schmitt/Feuss that "an ordinance approving a request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate a drainage easement, located northeast of the Martin Luther King Jr. Drive and Idaho Street Intersection", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Nays: One (Morrissey). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5494. 146395 - Morrissey/Amos that proof of publication of notice of public hearing on the sale and conveyance of a portion of former West San Marnan Drive right-of-way, located adjacent to Sunnyside Country Club, in the amount of $1.00, to Sunnyside South Addition, LLC, in accordance with the Project Development Agreement approved by Resolution No. 2017-755 on September 11, 2017, as published in the Waterloo Courier on May 31, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Jim Chapman, 224 Bertch, questioned if this is the same LLC that was given the property previously. Page 13 of 268 June 10, 2019 Page 5 Noel Anderson explained that this is the same entity that the city has been working with from the beginning. They paid to move a road at a cost of $1.8 million dollars and explained the steps of transferring the land. Forrest Dillavou, 1725 Huntington Road, commented that it should be part of the agreement that maintenance costs be paid by the LLC. Todd Obadal, 124 Amity Drive, questioned if the approval in 2017 was a new agreement, or a re - approval of the original agreement in 2010, and when was public notice given on the availability of the land for purchase. Noel Anderson explained that there was a new development agreement in 2017 and that state code requirements were followed for publishing the hearing notice. Bill Kammeyer, 526 Home Park Blvd., questioned how much money the city has invested into this project. 146396 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146397 - Morrissey/Amos that "Resolution authorizing the sale and conveyance of a portion of former West San Marnan Drive right-of-way, located adjacent to Sunnyside Country Club, in the amount of $1.00, to Sunnyside South Addition, LLC, in accordance with the Project Development Agreement, approved by Resolution No. 2017-755 on September 11, 2017, and authorize the Mayor to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Jacobs commented at this point, it is time to look forward on this project and look forward to new housing construction. Resolution adopted and upon approval by Mayor assigned No. 2019-434. RESOLUTIONS 146398 - Amos/Feuss that "Resolution approving a request by DGOGWaterlooial0032018, LLC, (Dollar General) to dedicate a twenty (20) foot strip of land as a new drainage easement, located northeast of Idaho Street and Martin Luther King Jr. Drive", be adopted. Roll call vote -Ayes: Six. Nays: One (Morrissey). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-435. 146399 - Amos/Feuss that "Resolution approving a Revitalize Iowa's Sound Economy (RISE) Immediate Opportunity application for local development, designating the Mayor as the official representative of the City, authorizing the Mayor to affix his signature to said application, providing financial assurances in conjunction with same, accepting responsibility for improvements to Newell Street, for a total project cost of $1,156,600.60, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Mr. Schmitt requested an overview of the item. Noel Anderson explained how the grant funds would be used if awarded. Mr. Morrissey asked if the improvements are related to the Con-Trol project at 1994 Newell and if the application would also address the design for truck traffic on Newell. Page 14 of 268 June 10, 2019 Page 6 Noel Anderson confirmed the grant funds are for the Con-Trol project, and explained that the designs submitted with the application show truck traffic heading east from the Con-Trol site to the Deere site and back. Resolution adopted and upon approval by Mayor assigned No. 2019-436. 146400 - Amos/Feuss that "Resolution approving a Professional Services Contract with Schumacher Elevator Company, to amend the existing elevator contracts into one contract, with same start date and term of service effective July 1, 2019, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-437. 146401 - Schmitt/Amos that final quantity adjustment for a net increase of $50,790.72, for the FY 2019 Levee Tree Clearing Cedar River, Contract No. 968, and authorize the Mayor and City Clerk to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 146402 - Schmitt/Amos that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Veracity Excavating, LLC, of La Porte City, Iowa, at a total cost of $246,276, in conjunction with the FY 2019 Levee Tree Clearing Cedar River, Contract No. 968, and receive and file a two (2) year maintenance bond", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned why there would be a two-year maintenance bond on a tree. Jamie Knutson, City Engineer, provided an overview of why a maintenance bond is required. Resolution adopted and upon approval by Mayor assigned No. 2019-438. 146403 - Schmitt/Amos that "Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $89,800, in conjunction with the FY 2019 Cattle Congress Sanitary Sewer Force Main Repair, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-439. 146404 - Juon/Morrissey that "Resolution approving the FY 2020 Ambulance Fee Schedule", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-440. 146405 - Juon/Morrissey that "Resolution accepting Otto Schoitz Foundation grant in the amount of $1,000, for the purchase and installation of smoke detectors in homes throughout the community", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-441. 146406 - Juon/Morrissey Page 15 of 268 June 10, 2019 Page 7 that "Resolution authorizing City Clerk to certify against certain parcels for unpaid rental property inspection, garbage, sewer, and storm water fees", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-442. 146407 - Juon/Morrissey that "Resolution approving request to seek proposals for collection of curbside recycling and processing", be adopted. Roll call vote -Ayes: Seven. Motion carried. Randy Bennett, Public Works Manager, provided an overview of the RFP and potential options for the future of the recycling program. Mr. Feuss questioned the internal cost for curbside recycling. Randy Bennett explained that item 14 will help address what it would cost to keep recycling in- house. Mrs. Juon questioned if a work session will be held to review the RFP. Randy Bennett confirmed. Mr. Morrissey clarified that item 13 is who is going to collect the recycling privately and item 14 addresses where the materials will be transported. Randy Bennett commented that item 13 is seeking proposals for privatizing the recycling program. Item 14 is doing recycling collection in-house. He explained that the reason for doing the two different options is to see which the most economical option for the city is. Mayor Hart clarified that the decision will come back to council and questioned if this could lead to a loss in jobs. Randy Bennett clarified that this will not lead to a loss in jobs and outsourcing may prove to alleviate work -load issues to let staff work on other areas more efficiently. He stated that some work is just not getting done because staff has too much work to do. Mr. Morrissey commented that he is not in favor of privatizing the recycling program. He questioned how a private entity would catch recycling violators. Randy Bennett commented that the RFP asks the companies how they would identify violators. Resolution adopted and upon approval by Mayor assigned No. 2019-443. 146408 - Juon/Morrissey that "Resolution approving request to seek proposals to provide recycling processing services", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-444. 146409 - Klein/Amos that Change Order No. 1, for a net increase of $12,868.24, in conjunction with the FY 2019 Yard Waste Water and Sanitary Sewer Extension, Contract No. 952, for the City of Waterloo Yard Waste Site, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Forrest Dillavou, 1715 Huntington Road, asked if water and sewer were always in the plans for this building, and what was the first bid and how does it compare to the final bid. Sandie Greco, Traffic Superintendent, provided an overview of the project. Mr. Schmitt questioned what the final amount invested will be. Page 16 of 268 June 10, 2019 Page 8 Sandie Greco commented she does not have that amount with her but will provide the total next week. 146410 - Klein/Amos that "Resolution approving Completion of Project and Acceptance of Work for work performed by Lodge Construction, Inc., of Clarksville, Iowa, at a total cost of $255,121.24, in conjunction with the FY 2019 Yard Waste Water and Sanitary Sewer Extension, Contract No. 952, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-445. ORDINANCES 146411 - Morrissey/Feuss that "an ordinance amending the City of Waterloo City Code by repealing Title 6, Motor Vehicles and Traffic, Chapter 2, Bicycles, and enacting in lieu thereof a new Title 6, Motor Vehicles and Traffic, Chapter 2, Bicycles", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. David Dryer, 3145 W. 4th Street, raised several question regarding safety that differ from state law for pedestrians and vehicles. Mohammad Elahi, Traffic Engineer, commented that several laws in the ordinance are the same as the state law. Lights at intersections are looking for the weight of a vehicle not a bicycle and explained that the ordinance is accommodating bicycle traffic. He stated that a bicycle traffic system will be installed on Park Avenue. Mayor Hart questioned what triggers a traffic signal change. Mohammad Elahi explained the different ways traffic signals detect cars. Bill Kammeyer, 546 Home Park Blvd., commented that he was hit on a bike at the corner of Logan and Louise 68 years ago. He explained that city employees that are out in the street working have to wear a safety vest yet very few bicyclists wear a reflective safety vest. He stated this would help keep bicyclists more safe on the road. Mr. Jacobs questioned if bicyclists are required to take a safety course. He also commented that 6-2- 12 shows that cars have to yield to bicycles in a crosswalk as with a pedestrian, yet this is not consistent with other parts of the ordinance where bicycles are compared to cars. Mrs. Klein commented that she believes electric assist bicycles are potentially dangerous for children to drive without training. Mr. Amos questioned if the Cedar Falls has been contacted about the ordinance and stated that he will support the ordinance. Mrs. Juon commented that her hope was that the same ordinance would be adopted in Waterloo and Cedar Falls. Mr. Morrissey reported that there was a meeting with Cedar Falls officials and explained that Cedar Falls has a Pedestrian/Bicycle Committee which had made recommendations to the city and that the only thing Cedar Falls is going to do is include an electric assist bicycle definition. The conversation was left open to future cooperation between the two communities. He stated that he reached out to Councilman Dick Dewater in Evansdale and that he believed that Waterloo should move forward but that he would speak with the Evansdale Mayor. Mrs. Juon thanked the Mayor and Mr. Morrissey for their work reaching out to other communities. She stated that she will support the ordinance but that there should be a registration process for bicycles. Page 17 of 268 June 10, 2019 Page 9 Mayor Hart stated that whatever Cedar Falls does moving forward they will look to Waterloo and Hudson's ordinances. 146412 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. 146413 - Morrissey/Feuss that "an ordinance the City of Waterloo City Code by repealing Title 6, Motor Vehicles and Traffic, Chapter 2, Bicycles, and enacting in lieu thereof a new Title 6, Motor Vehicles and Traffic, Chapter 2, Bicycles", be considered and passed for the second and third times and adopted. Roll call vote - Ayes: Six. Nays: One (Klein). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5495. 146414 - Feuss/Morrissey that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by the DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store, located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Nays: One (Morrissey). Motion carried. Mr. Morrissey questioned where the entrance and exit to the development is located. Noel Anderson explained the access points for the development will be on Idaho Street. Mr. Morrissey questioned if trucks will be able to make a turn on Idaho. Noel Anderson explained that the roads in the location are well designed to accommodate truck traffic. He further commented that the developer has requested the council approve so they may begin construction of the site. 146415 - Feuss/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Feuss, and Morrissey). Motion failed. 146416 - Morrissey/Amos that "an ordinance approving a request by DGOGWaterlooial0032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 146417 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Feuss, and Morrissey). Motion failed. 146418 - Schmitt/Feuss that "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 rezone of certain property, located northwest of 4455 Remington Road", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Page 18 of 268 June 10, 2019 Page 10 146419 - Schmitt/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: One. Abstain: One (Jacobs due to business reasons). Nays: Five (Morrissey, Feuss, Klein, Schmitt and Juon). Motion failed. 146420 - Amos/Schmitt that "an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by MMS Consultants, Inc., on behalf of the City of Waterloo, for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of 416,678 square feet of warehouse, office, and maintenance buildings, located east of 1994 Newell Street", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Ann Olsson, 1972 Newell, explained that though the neighbors along Newell Street took their concerns to the Planning & Zoning Commission, the commission approved the site plan amendment without giving any consideration to their concerns. She further explained that after last week's council meeting, MMS and Con-Trol did hear their concerns and have made some changes which the neighbors are quite happy with and she wants to publicly thank them for listening and making the changes they'd requested. She also requested that council continue to discuss the existing truck traffic on Newell. Jons Olsson, 1972 Newell, questioned if next week's work session could include discussion regarding speed enforcement and areas of speed reduction on Newell Street. Mayor Hart questioned if a traffic study could take place on Newell Street. Sandie Greco explained that a speed study was conducted on May 16, 2019 and would share the study at the work session. They can also do a speed study on Newell to change the speed. Mayor Hart explained that the embargo discussion will cover the entire community and that Chief Trelka would take the appropriate measures to deter speeding in that area. Mr. Schmitt questioned if these changes are a legal change to the development agreement and if they will be documented. Jim Ellis, MMS Consultants, explained that they are still considering a second access point on Martin Luther King Jr. Drive though Con-Trol prefers a single entrance/exit point. He further explained that the truck drivers are not employees of Con-Trol and that along with signage, drivers will be informed that left turns onto Newell are prohibited for trucks and may result in ticketing. He also stated that the changes being made to accommodate the Newell Street residents will be documented. Mr. Schmitt commented that several council members received calls about a number of different streets that should be considered during the embargo discussion, and encouraged concerned to contact their council members. 146421 - Amos/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two (Schmitt and Juon). Abstain: One (Jacobs due to business reasons). Motion failed. OTHER COUNCIL BUSINESS 146422 - Amos/Morrissey that Change Order No. 3, in the amount of $31,844, in conjunction with the Waterloo Waste Water Treatment Plant Satellite Wet Well Rehabilitation, Contract No. 907, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Page 19 of 268 June 10, 2019 Page 11 David Dryer, 3145 W. 4th Street, requested an overview of the change order and questioned why the city always takes a low bid. Doug Schindle, AECOM, provided an overview of the change order. 146423 - Amos/Morrissey that Change Order No. 4 for a net increase of $47,350 for the FY 2019 Bridge Repairs Dubuque Road over Blowers Creek and Greenhill Road over Trolley Car Trail, Contract No. 959, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 146424 - Feuss/Morrissey that the Council adjourn at 7:34 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 20 of 268 CITY OF WATERLOO Council Communication Resolution approving the request of KBB G -F M to hold their annual Community Parade on August 17, 2019 from 10:00 a.m. to 12:00 noon, with the parade participants utilizing E. 4th, Donald, Sumner, and Linden Streets, and ending at Ferguson Field. City Council Meeting: 6/17/2019 Prepared: 6/13/2018 REVIEWERS: Department Police .. epart ATTACHMENTS: Description 1<1313 G 201 i gy rade SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Even, I.:. eA nn Action Approved Type Cover .M Date 6/12r,( . ,,,, -. Resolution approving the request of KBBG-FM to hold their annual Community Parade on August 17, 2019 from 10:00 a.m. to 12:00 noon, with the parade participants utilizing E. 4th, Donald, Sumner, and Linden Streets, and ending at Ferguson Field. Submitted By: Dave Mohlis, Police Captain Approve Request KBB G -F M 88.1 will have their Annual Community Parade on Saturday, August 17, 2019 at beginning at E4th and E.Donald traveling south on E4th St to Sumner then ending at Ferguson Field. Cost with providing traffic control, placement and retrieval of barricades. General None Page 21 of 268 2858 E 4th St, Waterloo, IA 50703 to Ferguson Fiel Ttleitts Park Sans Sous0 isi0en0e1, 2858 E 4th St, Waterloo, IA 50703 to Ferguson Fields Park, Waterloo, IA 000, traria, Rend Page car eye at Fairerear Cemetery '•••• 10;00;00°Tir D'"'0000,0„ .000. John Deere T rector Einerke leaeseurn via E 4th St and Newell St Fastest route via E 4th St and Sumner St via E Donald St and Idaho St s Park Wa. P ge Drive 2.2 miles, 6 min 2858 East 4th Street 00" D0,00,000sd '00,0 Gates Perk Goff Cornea Ded Dan:set Goi0f COUrse 6 min 2,2 miles 6 min 2 miles 3.,/1 miles 0,,0000fol,,,,,,000i3O,0,,,01,0,000,00,100,0,0,02,00,0001111,00,01100,,,,,,,,,,,I,I,1000,00,0000000,000,0,011010,0000,g10000g00,0,F1010,,010!t, Fr USG :led Park 05) Map data ©2019 Goog1e 2000 ft L'A,0.000,00,00,00.4.0 0,0 SI, Ups: ww.google.com/mapsidir/2858-1-E+4th+St,+ a erloo, I_ 5/ f 268 CITY OF WATERLOO Council Communication Resolution approving the request of Husein Latic for tax exemptions on the construction of home improvements valued at $40,000, for property located at 1002 Williston Avenue, and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 6/17/2019 Prepared: 6/10/2019 REVIEWERS: Department Reviewer Action Date P tanmem u g & i ing Schrocde Ari-:: c ChTk Office f i.ce Even y I eAnnApproved.. 6/12/2,01 ,,,,,, :41 AM ATTACHMENTS: Description Type 1002, I Histon.. venue '`" :: Cover C .J R I\ 100' ikon.. Aven.0e Map Cove SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving the request of Husein Latic for tax exemptions on the construction of home improvements valued at $40,000, for property located at 1002 Williston Avenue, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. None N/A Strategy 3.8: Continue efforts to foster new investments and development in the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area (CURA). Alternative: N/A Background Information: N/A Legal Descriptions: Greenfield Addition, Lot 6, Block 1 Page 23 of 268 For Office Use Only 41 J9 Date Received:,. Received by: Staffto make a copy for applicant CONSOLIDATED URB 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 T I CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows propel its boundaries that .tneet the following criteria: 1. tax exemptions on improvements to property located within 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 ca imercial property was previously vacat, 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 rt. 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 n entire project requiring more than one year to construct orcomplete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the foliowing information for your application to be submitted to the City Council. NAME: ADDRESS: TEL, l'PHONE: 44 !C, e A. What is the .4.ddress of the property being improved? SIGNATURE: DATE: :)L 40, What is the Legal Description of the property? (May he available at County Recorder's Office on 21d floor of the Courthouse)? B. Indicate desired exempti n schedule: (1 or 2) 1. c One Hundred Percent (100%) exe iption for three years on the actual value ad ed by improvements; 2. A partial exemption on the actual value added by ii provements according to the following schedule: a. First Year ----------80% b. Second Year ------70% c. Third Year ---------60% d. I;Ourth Year -------50% e. Fifth Year-- --40% f. Sixth Year--- ---40% C. What was the nature of the improvement(s)? oft f gilrc/ g. Seventh Year -------30% h. Eighth Year --------30% i. Ninth Year --------20% J. Tenth 'Year ---------20% D. City of Waterloo Building and Inspections Department Information: Permit Number: Date permit was issued: E. What was the cost of the improvement? (3 F. .Estimated or actual date of completion of these ,improvements? 1, Total permit(s) valuation: G. If this is not a singe -family dwelling unit, which you own and reside in, will these h provements ere te a displacement of your tenants? Yes cc' No Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. 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"nriilliilp III „ I��'!111111'YI,u1u11u11111�1111 ',', II v^'"a '�Ilua 111111111111111111111111111111111111111 IVUlllu ^ Ilvtlll^yI'I�Y�IIYII tly;�IV1i9 41 I m1 V I IvNIQ11�IjIP4iIgI1VIY1111111°illl'h 411611 '1111 � 1111111 IIIIII ill)'�IIIg111111'llYliuliV1111'�iid y III II,;I�IIV'1�Alll I'l'il �,� llllllllll �m I QOI111IINIIIIIIII'Ytl41"h''l1, 1 flIVIIIIIII�IIN "111111 1111111111111111111111' �V�IIII uu MONumuVlVl.... nil "wll AIm9VM'AA 111111111111111111111111 ,11111111,11,1111 M1npl�!'O'gµl I�"1y 1111P 1 T"1. ^xlNultl. Note Base map data source is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate information. 11'1111 I1111','luuAMRUh'f �A ';N'"IIPM,v11111PI Il,;;;;lll"1111I1u' Il�llf%Nj'1'11 All�;'II� II'1� ,i'pl 11011010 X11"II"11IIIII �'!I"VylfnniN 11 ",1!gldfVlllllllllluuuuuuuWlpll "II 111111111II,11111,111111111111111111,11111111, .111 """"1IIII1uuV9X11 111111 llulllllllll CITY OF WATERLOO Council Communication Resolution approving the request of Amber Willenburg for tax exemptions on the construction of a new single family home valued at $287,545, for property located at 4432 Charm Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 6/17/2019 Prepared: 6/10/2019 REVIEWERS: Department Reviewer Action Date P la mmem u g & riling Schroeder,Armc Approved 6/12/1( Clerk Office :Even, 1 .A memmem. Approved roved 6 12/20 ,,,,,, :29 AM ATTACHMENTS: Description Type .4432 Chan .rive e _r mrm Cover Cover .. C i .,. R A. 4432 C h ma rm 1 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: rive Map Resolution approving the request of Amber Willenburg for tax exemptions on the construction of a new single family home valued at $287,545, for property located at 4432 Charm Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. N/A N/A Page 27 of 268 Legal Descriptions: Southland Park 5th Addition, Lot 4 Page 28 of 268 CITY LIMITS RBAN is VITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS U' 4 AN REVITALIZATION A A PLAN ADOPTED BY HE CITY COUNCIL OF THE CITY OF WATERLOO, The City Limits Urban Revitalization Area (CLUBA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: L e located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Coinrnunity Planning & Development Department) 2. This application must be filed with City prior to the 1 workin da of Februa 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 ou' the following information for your application to be submitted to the City Council. NAME: 41 ADDRESS: 1/17/ 3 2— TELEPHONE: SIGNATURE: )",- 100) DATE: A. What is the Address of the property being improved.LZ C What is the Legal Description of the property? (May be available at County Recorder's Office on 2. floor of the Courthouse) B. What was the nature of the improvement(s)? (must be single family homes or duple, twin homes to qualify) C. City of 'Waterloo Building and Inspections Department Information: Permit Number:10 t �00S2C'Date permit was issued: D. What, was the cost of le new constrtiction? 0 Total permit(s) valuation: E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DENIED DATED: B ACK IlAW1( COUNTY ASSESSOR RESOLUTION NO: APPROVED DENIED DATED: Tauri McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must, be reviewed and approved by the Black I lawk County Assessor's Office for criteria etigibility Page 29 of 268 011.1111111 vwmmmllooi mom= KITTY HAWK DR 'I I. ��IIryW III,"'W"II;anNIMl1'uYwiMl�"'ihl N�I� ��I, I�i'1'. �,I'�li l,dl�l jjl�ml 'p 11m„I ,�;'Ivl rl'rl„ ",hl 1rq;!'%I11111IIIIIi',,','' II�I�IR�I'rMNrN� li Mi�ryi II�"w IIIIINNiI�I l,,I,I,li,11V''ilvi"'I ii°111N0I00,r', PALOMA PL II11111111111111ll 1011 IN''I�N�I,'v��h,llym��, �,w'11�11dlllullluu'd1ulNu�,,,i ,YgW,,rliVplulaI �Ilkli;ull�V'i"r"I�'il�'�YIPio d uvr fullM!��,. Iiia" I. lig oyVP JdPlpii' I�;y�1 '',�I''�Irlolllo�i'Ir,BI ' pllr�' Vi 91Ilii IMVi''I'�II� 'I��uip,� 411�'�Ilhl�V 1VuuuwUN�, VIII I��aY 1,0 gu%i 1'1'1 ,m',ml1l611,1ilm4 M,M II�uumuulVmlliililimi I 1322 Partridge Lane CRABAPPLE LN '. IIw,1121 "wv '�� dII111,,11mPlVpl'' "s Bbl h IN NI UIIIiiil�il�Nri�uN'u I MN�NM'M'M� uuINlulNuu A�IIIINPouuuflll,jlllBll'llilp' °�Im"mMll�'w 'llll'N'1i " uuvuvu�"'.M.. 11111081IIII11 VIII II�II�'iiiiigil 111111111111 1'1'11,'' 1101"'VIII'! !I!IN1iIIII�uIlli�,�V�VNu umiliN1'1 111111111111 i�'i'NM1ANp,,nlM'uttiN IIiIIiIWI,+. IpVliiil�Jlif� Yi4�!Y�ultl�'!,H, � .v ^^�II;�„',,'!';',d�l'llhm YI�II� �i itll"'r 'l M�d',"7V"iPIilVmlll I",I ry �f I � vVY8pN1' 1111/11'1d,ji �i WAXWING WAY µ,! '1'i d'td�"^ IIY' I, d'Ily ��1 w4'^�N VI'uNJrtl, l' 1,,1''Uwllu l'' i,J re , ..,'W.1Itx,rV1,1101ilai4"p N��81'�liiilllll;�IiIIIIV",nY' i l q1,1111UIIII!IP!^'i;;,I;i'iii!Vu; v1�ll1(P,�'��' 1 p„poo''' iiv,'��1111NIn,N, �1.a '1 4"�"hIIIIIIIIIIIIV'�I°'°°I1I'tl��i4 IVB Y+m i',,, �tl � uury 1��!"wl p,l,m.���� .iIM'iIIIINIf���"'ll u uqp 11 ii�l�'N '�P.�III'�'Iu1V' 'vu'u" ^�m'w1'0,Itt'�vN('� u�Mµ� 'Irx," ui.� uujj�W I{^� iJll'IIIY�Iib�N'I'I',MY'mN �NuuuNuuull^'NIMIiN�gIVtl1��111!iiliilluq 1fi'IV,Ml'NiN,,'w!,I I..1 11 14'11 1111111111111' It11110110, II�'I���lljll llll!�I����Illllllui,l��ll�j,, � sal „. uq,l,,i,rll^I' °'Mlifuu�hp tilomil'I!i�"ti"Aw'V�VI�N'i!XM,I�,Nm�,1' II,I.I'�IfmINVI',Ii�IVl�llllr�M1 �" y,V''w"'WVII',III'lal0.'vIPINI;�i�lll'lltl�"!uM Note Base map data source is Black Hawk County. Y 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. TheCity of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof- Users should refer to official plats, surveys, recorded deeds, etc- located at the Black Hawk County Assessor's Office for complete and accurate information. �.,, 1 0000"IupI�IIIpI���gN1p111��ulltl lallllt!V19111II11111 Illllllllllu!!I!!!!!II!!!41d1 "°�.',i�l(gl�roppl„uwl(111111alIll,uquuuuum;��111111111111,III,il1„ „�„ ��� � �� I I� lull II � I I I II v1d u px ��muI 1y uNuP II 1 I I IIIIN hm� NIA u N u m I I MI w uV u d I� I I VIII � m�irnJ�MNNW mwm IIII I �� NM � V m.. � 1 i' °oYm1�mVWN'Wa'Iwm ISI"^ 1I II � iu... IWm � vl! a 1. +'"�Wlplltl,h DY ��""uuuuumlllllllllllllllllllllllllllllWuui7 uuuulllUu�l'Iu V I MMU �VII9I�III IIIIIIIIIIIIIINMNWMfNIIIhVVI�I Nw1„ " --W.- SHAULIS RD 6v� a^I,glNylul°II'VhVlol�,q NI"wr'Ivm ,u gIo 111111 x � 1 u' TIM"I1 �d'''II I' I Mp, 1.. litl 'NIy,iIMiY';' r},"�''INII'xw�"�j'MINpiWI'u�'�'IIOV"� d;,!W��I1�,N";'�+'"���lil�"'"�(,��uv�i�ll��”✓ry"�I�I'iu�'''�NYuulllylll"}tlu� pn?yNiNl"uolll�''�'N.m'lllv'�uNu,'u'MV Ir ,I u1 I u I r Mtt I u Id y , rcd P u..... N m�N m MNM tl �u M. �NNW1 v.u wl Num a uuum �"Mm P 111wx N Itl1a m. ..�� Mu v r,b Imo 1r ,.N11 �NI �W rm+NgmIpd.�114 m'i'I�XI 1r Iii ua. r liv,r aPlll”u'm,;I.o"I',II"�'"°IIIINI,I,„Y'IVuI;'!d"I I','Ca`'II"'.'VIINm�G"Py+�'Ol�q'W”r,auwwM""!";W",,!',ir"VNrhlyWl",PofjWyg'1o'�p p;"N4'dI�VdVsP�ymy,l",�W^Iply',IW�M11,ymr';'BY,a;'ttM,"Iv"gyhWVl�nufl,„SM;"pp�''Cw°IlGyvvy, 'Pa',>Ill�rlll,mp rlvu�r.pl','d CITY OF WATERLOO Council Communication Resolution approving the request of Michael J. Carroll for tax exemptions on the construction of a new single family home valued at $369,772, for property located at 1322 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 6/17/2019 Prepared: 6/10/2019 REVIEWERS: Department Reviewer Action Date P tan mem u g & . ping Schroeder, Ari..:: Approved 6/12/1( Clerk Office f.i.ce Even y 1 eArm. A.pproved 6/12/20P. ,,,,,, :42 AM ATTACHMENTS: Description Type ; P rte. mei ge rmr Cover Cover .M. i UR A. 1322 Partridge ap SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Resolution approving the request of Michael J. Carroll for tax exemptions on the construction of a new single family home valued at $369,772, fo r property located at 1322 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. N/A N/A Page 31 of 268 Legal Descriptions: Audubon Heights 6th Addition Lot 44 Page 32 of 268 CITY LIMITS U AN REVITALIZATION APPLICATION c FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE O T 0 FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single .family homes Or duplexitwin homes) that meet the following criteria: 1. Be located within the CLIC:IRA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department) 2. This application must be filed with City prior to the 1 workint da ofFebniar 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 troard of Supervisors. Please fill out the following information for your application to be subrnitted to the City Council, NAME: ADDRESS: TELEPHONE: t A. What is the Address of the property being improved? SIGNATURE: DATE: coN- What is the Legal Description of the property? (May be available at County Recorder's Office on 2 floor of the Courthouse) A A LIk B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information % 0 ODD Ct Permit Number: iDate mit was issued: D. What was the cost of the new construction. LL E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DENIED DATED: BLACK IIAWK COUNTY ASSESSOR APPROVED DENIED DATED: v Total permit(s) valuation: RESOLUTION NO: Tann McFarland Black Ilawk County Assessor Note: City Council approval does not guaran ee tax exemptions. The application must be reviewed and approved by the Black Ilawk County Assessor's Office For criteria eligibility. Page 33 of 268 011.1111111 vwmmmllooi mom= KITTY HAWK DR 'I I. ��IIryW III,"'W"II;anNIMl1'uYwiMl�"'ihl N�I� ��I, I�i'1'. �,I'�li l,dl�l jjl�ml 'p 11m„I ,�;'Ivl rl'rl„ ",hl 1rq;!'%I11111IIIIIi',,','' II�I�IR�I'rMNrN� li Mi�ryi II�"w IIIIINNiI�I l,,I,I,li,11V''ilvi"'I ii°111N0I00,r', PALOMA PL II11111111111111ll 1011 IN''I�N�I,'v��h,llym��, �,w'11�11dlllullluu'd1ulNu�,,,i ,YgW,,rliVplulaI �Ilkli;ull�V'i"r"I�'il�'�YIPio d uvr fullM!��,. Iiia" I. lig oyVP JdPlpii' I�;y�1 '',�I''�Irlolllo�i'Ir,BI ' pllr�' Vi 91Ilii IMVi''I'�II� 'I��uip,� 411�'�Ilhl�V 1VuuuwUN�, VIII I��aY 1,0 gu%i 1'1'1 ,m',ml1l611,1ilm4 M,M II�uumuulVmlliililimi I 1322 Partridge Lane CRABAPPLE LN '. IIw,1121 "wv '�� dII111,,11mPlVpl'' "s Bbl h IN NI UIIIiiil�il�Nri�uN'u I MN�NM'M'M� uuINlulNuu A�IIIINPouuuflll,jlllBll'llilp' °�Im"mMll�'w 'llll'N'1i " uuvuvu�"'.M.. 11111081IIII11 VIII II�II�'iiiiigil 111111111111 1'1'11,'' 1101"'VIII'! !I!IN1iIIII�uIlli�,�V�VNu umiliN1'1 111111111111 i�'i'NM1ANp,,nlM'uttiN IIiIIiIWI,+. IpVliiil�Jlif� Yi4�!Y�ultl�'!,H, � .v ^^�II;�„',,'!';',d�l'llhm YI�II� �i itll"'r 'l M�d',"7V"iPIilVmlll I",I ry �f I � vVY8pN1' 1111/11'1d,ji �i WAXWING WAY µ,! '1'i d'td�"^ IIY' I, d'Ily ��1 w4'^�N VI'uNJrtl, l' 1,,1''Uwllu l'' i,J re , ..,'W.1Itx,rV1,1101ilai4"p N��81'�liiilllll;�IiIIIIV",nY' i l q1,1111UIIII!IP!^'i;;,I;i'iii!Vu; v1�ll1(P,�'��' 1 p„poo''' iiv,'��1111NIn,N, �1.a '1 4"�"hIIIIIIIIIIIIV'�I°'°°I1I'tl��i4 IVB Y+m i',,, �tl � uury 1��!"wl p,l,m.���� .iIM'iIIIINIf���"'ll u uqp 11 ii�l�'N '�P.�III'�'Iu1V' 'vu'u" ^�m'w1'0,Itt'�vN('� u�Mµ� 'Irx," ui.� uujj�W I{^� iJll'IIIY�Iib�N'I'I',MY'mN �NuuuNuuull^'NIMIiN�gIVtl1��111!iiliilluq 1fi'IV,Ml'NiN,,'w!,I I..1 11 14'11 1111111111111' It11110110, II�'I���lljll llll!�I����Illllllui,l��ll�j,, � sal „. uq,l,,i,rll^I' °'Mlifuu�hp tilomil'I!i�"ti"Aw'V�VI�N'i!XM,I�,Nm�,1' II,I.I'�IfmINVI',Ii�IVl�llllr�M1 �" y,V''w"'WVII',III'lal0.'vIPINI;�i�lll'lltl�"!uM Note Base map data source is Black Hawk County. Y 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. TheCity of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof- Users should refer to official plats, surveys, recorded deeds, etc- located at the Black Hawk County Assessor's Office for complete and accurate information. �.,, 1 0000"IupI�IIIpI���gN1p111��ulltl lallllt!V19111II11111 Illllllllllu!!I!!!!!II!!!41d1 "°�.',i�l(gl�roppl„uwl(111111alIll,uquuuuum;��111111111111,III,il1„ „�„ ��� � �� I I� lull II � I I I II v1d u px ��muI 1y uNuP II 1 I I IIIIN hm� NIA u N u m I I MI w uV u d I� I I VIII � m�irnJ�MNNW mwm IIII I �� NM � V m.. � 1 i' °oYm1�mVWN'Wa'Iwm ISI"^ 1I II � iu... 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N m�N m MNM tl �u M. �NNW1 v.u wl Num a uuum �"Mm P 111wx N Itl1a m. ..�� Mu v r,b Imo 1r ,.N11 �NI �W rm+NgmIpd.�114 m'i'I�XI 1r Iii ua. r liv,r aPlll”u'm,;I.o"I',II"�'"°IIIINI,I,„Y'IVuI;'!d"I I','Ca`'II"'.'VIINm�G"Py+�'Ol�q'W”r,auwwM""!";W",,!',ir"VNrhlyWl",PofjWyg'1o'�p p;"N4'dI�VdVsP�ymy,l",�W^Iply',IW�M11,ymr';'BY,a;'ttM,"Iv"gyhWVl�nufl,„SM;"pp�''Cw°IlGyvvy, 'Pa',>Ill�rlll,mp rlvu�r.pl','d CITY OF WATERLOO Council Communication Resolution approving specifications, form of contract, etc., setting the date of bid opening as June 27, 2019 and date of public hearing as July 1, 2019, in conjunction with the Riverloop Public Market Fire Suppression Project, and instruct City Clerk to publish notice. City Council Meeting: 6/17/2019 Prepared: 6/12/2019 REVIEWERS: Department Reviewer Action Date P tan mem u g & i ing Schr ocdc�ii Ari-:: c Chm: k. Office f.i.ce Even y 1 eArm. A.pproved 6/121201. 12:04 PM SUBJECT: Submitted by: Resolution approving specifications, form of contract, etc., setting the date of bid opening as June 27, 2019 and date of public hearing as July 1, 2019, in conjunction with the Riverloop Public Market Fire Suppression Project, and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Expenditure Required: Unknown S ource of Funds : Building Maintenance Page 35 of 268 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as July 11, 2019 and date of public hearing as July 15, 2019, for the FY 2020 Digester No. 3 Lid Removal, Contract 982, and instruct City Clerk to publish said notice. City Council Meeting: 6/17/2019 Prepared: 6/11/2019 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie pproved 6/11/101( Clerk O fice I ghy., N.a cy Approved. 6/1.1./201..9 4:32 I SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as July 11, 2019 and date of public hearing as July 15, 2019, for the FY 2020 Digester No. 3 Lid Removal, Contract 982, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Summary Statement: Plans prepared by Strand Associates Expenditure Required: TBD Page 36 of 268 CITY OF WATERLOO Council Communication Resolution approving an Affidavit for release of property sale for an approved project in the Development Agreement with Residential Partners Development Partners, LLC, and authorize the Community Planning and Development Director to execute said document. City Council Meeting: 6/17/2019 Prepared: 6/14/2019 REVIEWERS: Department P lanning & nlng Clerk Office ce ATTACHMENTS: Description i....., of p� , SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer .Ands rsor.., Noe . IP &d. le, 'Kelley Action Approved proved Approved. Type Cover Date 6 1„ " (1Q.. 7:3 , 6/14/201( ,,,,,, 0:2 3 AM Resolution approving an Affidavit for release of property sale for an approved project in the Development Agreement with Residential Partners Development Partners, LLC, and authorize the Community Planning and Development Director to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approve Resolution The Affidavit helps for clear title of home built on Baltimore Field, as it allows the release of the reversionary clause wording in the full development agreement for this particular house sale. NA NA Infill Housing Not approve The City of Waterloo entered into a larger Development Agreement for multiple homes to be built. As a home is built and is ready to be sold, the Affidavit will allow for the house to be sold with clear title. This process ensures to the City of Waterloo that the home has been fully built and has received a Certificate of Occupancy to meet the City's goals of new home ownership in the community. Lot 2, Hawthorne Estates First Addition, City of Waterloo, Black Hawk County, Iowa. Page 37 of 268 Prepared by Christopher S. Wendland, P.O. Box 569, Waterloo, IA 50703. (319) 234-5701 After recording, send to: AFFIDAVIT STATE OF IOWA, COUNTY OF BLACK HAWK, ss: The undersigned, being first duly sworn on oath, deposes and states as follows: 1. I am Community Planning and Development Director for the City of Waterloo, Iowa. I am familiar with the terms of a certain Development Agreement (the "Agreement") dated June 25, 2012 and filed October 19, 2012 as Doc. No. 2013-8061, by and between Residential Development Partners, LLC (the "Company") and the City of Waterloo, Iowa (the "City"), as amended by an instrument dated January 28, 2019 and filed April 19, 2019 as Doc. No. 2019-15571. The Agreement imposed certain development obligations on Company, and the City held a possibility of reverter as security for the performance of those obligations. 2. I am personally familiar with the project covered by the Agreement, and I acknowledge that the conditions constituting a Release Event, as set forth in Section 3 of the Agreement, have been satisfied with respect to the following property: a. Lot 2, Hawthorne Estates First Addition, in the City of Waterloo, Black Hawk County, Iowa. 3. I execute this affidavit to confirm that the City's reversionary rights under the Agreement have, by occurrence of the Release Event(s), been terminated with respect to the above-described properties. Dated June , 2019 Noel Anderson Subscribed and sworn to before me on June , 2019. Notary Public Page 38 of 268 CITY OF WATERLOO Council Communication PCC Patching Project at US 218/IA 57 Interchange (Southbound) City Council Meeting: 6/17/2019 Prepared: 6/11/2019 REVIEWERS: Department Reviewer Action Date _i ; ngj eeri g ..f. Utsc:.mrri, Jamie p prove d 6/12/20 :4:. AM Clerk M. ice Even, LcAnn Approved 6/12/2019 9 2 . P.M.. ATTACHMENTS: Description 1.1:)011..,, matchmmm SUBJECT: Submitted by: Recommended Action: Summary Statement: Background Information: 9 Type Cover Me mlo Request from Engineering to receive and place on file official notification from the Iowa Department of Transportation to let a PCC Patching project of US 218 at IA 57 Interchange (Southbound) on June 18, 2019. Submitted By: Jamie Knutson, PE, City Engineer Receive and place on file as information for the City Council. The IDOT is letting a PCC patching project of US 218 at IA 57 Interchange (SB). This letting is scheduled for June 18, 2019. The project is proposed to be constructed in 2019 with work occurring within the city limits. NH S N -027-7(4)--2R-07 Page 39 of 268 11? 111•0'04# :030 GETTING YOU THEREDy June 5, 2019 County: Project No.: Location: Type of Work: Proposed Project Letting: Notification Letter No.: The Honorable Quentin Hart Mayor of Waterloo 715 Mulberry Street Waterloo, IA 50703-5783 Dear Mayor Hart: Black Hawk NHSN-027-7(4)--2R-07 US 218 / IA 57 Interchange (Southbound) PPCB Repair 6/18/19 2019-M-166 This is official notification to your City Council that the Iowa Depart ent of Transportation (DOT) proposes to let a project as referenced above. This project, or a portion thereof, lies within your city. The project is proposed for construction during 2019. The Resident Construction Engineer, Ron Loecher of New Hampton, Iowa, 641-394- 3161, will advise you of the contractor's proposed schedule when the information is available. The work will be done in accord with the current Form 810034 "Agreement for Primary Road Extension Maintenance and Operation". Project costs will be paid from the Primary Road Fund and no charges will be made against the City. Subject to the approval of, and without expense to the DOT, the City agrees to perform (or cause private utilities to perform), all relocations, alterations, adjustments or removals of existing utility facilities including but not limited to power, telephone and telegraph lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project, all in accordance with the Utility Accommodation Policy of the DOT. We would appreciate this project notification being included on your next City Council meeting agenda as a matter of information for the Council members. If you have any questions concerning the work involved, please contact this office as soon as possible in order to expedite any possible changes. EJR:ac CC: Deanne Popp, Office of Local Systems Ron Loecher, New Hampton RCE I [641-422-9465] Sincerely, (#*: E. Jon Ranney, P.E./P.L.S. District E gineer ES 1 [ejonsanney@iowadot.us] 1.7? myw.iowadot.gov • Address: [428 43rd St. SW, Mason CPPIRe54 41 9f 268 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 6/17/2019 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Approved 6/12/ ' ATTACHMENTS: Description Type on.d..s for (,, Ji,r approval 6 7 1. 9 ckup ...a SUBJECT: Bonds. Page 41 of 268 BONDS FOR COUNCIL APPROVAL June 17, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA5165303 95BAG7095 95 02 3294 8 64676758 DALLAS HARKEN DAVID KRUSE MICHAEL FECHT SWEERIN BROTHERS MASONRY THE GLEASON CONSTRUCTION CORP WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA Page 42 of 268 CITY OF WATERLOO Council Communication State Revolving Fund (SRF) Loan Environmental Public Notice. City Council Meeting: 6/17/2019 Prepared: 6/11/2019 REVIEWERS: Department Reviewer Action Date Engineering ..nutsori, Jamie ame :. rov 6/12/2,0 Clerk ice Even, .:. e n Approved 6/12/2019 P M. ATTACHMENTS: Description Type S.R I.:,n 'Public Hearm: i.g Checlast SR IF P u h is V otmce E xamTip e Backiil Materw a SUBJECT: Submitted by: Expenditure Required: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing to proceed and transmit comments received. Submitted By: Jamie Knutson, PE, City Engineer Page 43 of 268 SRF Public Notice Example PUBLIC HEARING NOTICE SRI: STATE REVOLVING FUND The City of Iowaville will be holding a Public Hearing to review an application for a State Revolving Fund (SRF) loan and to make available to the public the contents of an environmental information document and the City's project plan. These documents include design and environmental information related to the proposed improvements to the City's wastewater treatment system/water supply system. The proposed project involves the abandonment of the existing mechanical treatment plant and converting an existing flow equalization basin to an aerated lagoon system. / The proposed project involves the construction of a new well, installation of new water mains, and upgrades to the water treatment facility. The purpose of this Public Hearing is to inform area residents of the community of Iowaville of this proposed action, discuss the actual cost and user fees associated with this project, and to address citizen's concerns, if any, with the plan. The Public Hearing location and time are as follows: September 25, 2015 — 7:30 p.m. Iowaville City Hall 1102 Main Street Iowaville, Iowa 50000 All interested persons are encouraged to attend this hearing. Written comments on this proposal may also be submitted prior to the hearing. Questions regarding this hearing or the availability of documentation may be directed to the City Clerk's Office at 515-352-3065. January 2015 INVESTING IN IOWA'S WATER www.iowasrf.com Page 44 of 268 SRF Public Hearing Checklist A public hearing must be held locally if the State Revolving Fund will be used to finance the project. The primary purpose of the hearing is to discuss the results of the environmental review. n Adequate public notification provided to the media and all interested parties at least 30 days prior to the hearing. The purpose of the public hearing must be identified in the notification. SRF STATE REVOLVING FUND n Reports, documents and data relevant to the discussion at the public hearing shall be available at the project central depository for public review generally not less than 30 days before the public hearing. n Hearings must be held at convenient times and places. n Alternative strategies, environmental impacts, and institutional arrangements including user charge estimates should be discussed. n All interested parties should be allowed adequate time to present their views. A question and answer period is recommended. n The municipality shall prepare a transcript, recording or other complete record of the hearing and make it available for public review. n A responsiveness summary (summary of public comments) and proof of publication must be submitted to the Environmental Review Specialist. Send materials to State Revolving Fund, Iowa Department of Natural Resources, 502 E. 9t" Street, Des Moines, IA 50319-0034. January 2015 INVESTING IN IOWA'S WATER www.iowasrf.com Page 45 of 268 CITY OF WATERLOO Council Communication Property Exchange Agreement for the sale and conveyance of City owned property in the amount of $1.00, for two lots southeast of 55 Franklin Street, and acquisition of the S alvatio n Army building located at 415 E. 7th Street, in the amount of $200,000. City Council Meeting: 6/17/2019 Prepared: 6/12/2019 REVIEWERS: Department Pla.nning & ping Clerk Office ATTACHMENTS: Description P roe hale SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, Ari Even y::: cAn cn.t: Action .Approved Approved. Type Cover Date 6/17r,( 1 59 AM 6/12/7,01( ,,,,,, :0 A 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 Property Exchange Agreement with the S alvatio n Army, and authorize the Mayor and City Clerk to execute said document. Resolution approving the sale and conveyance of City owned property in the amount of $1.00, for two lots located southeast of 55 Franklin Street, and authorize the Mayor and City Clerk to execute said document. Resolution approving acquisition of the S alvatio n Army building located at 415 E. 7th Street, in the amount of $200,000, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approve the Property Exchange Agreement The City of Waterloo is working to help strengthen its partnership with the S alvatio n Army for all the good and helpful purposes and uses it brings to the community. This exchange agreement will help the S alvatio n Army expand its campus abilities on Franklin Street, and also provide the City of Waterloo Police Department nearby and proper storage capabilities. $200,000 plus up to $10,000 in closing and attorney costs Bond funds for vehicle and impound storage Public Safety Infill Development Land Use Page 46 of 268 Alternative: Not approve The City of Waterloo acquired the two lots abutting the Salvation Army campus through the 657A process and eliminating blight along the Franklin Street corridor. The Salvation Army has decided it does not need to operate the site at East 7th Street, so is offering it up for sale. The site is located near the Government District on the Downtown Master Plan land use layout, so the acquisition of the site will help for ongoing storage operations of the City of Background Information: Waterloo. The site is currently assessed at $229,010. The City is agreeing to acquire for $200,000. The two lots are currently assessed at $2,990. The lots had been looked at for potential infill development of some small office buildings, so the City is losing future tax revenue through the conveyance. The transfer of the properties will work to help both organizations with their ongoing goals of helping the community. Legal Descriptions: Attached as exhibits A and B in agreement. EXHIBIT "A" Legal Description of SA Property ORIGINAL PLAT WATERLOO EAST ALL LOTS 1 AND 4 BLK 41 EXC COM AT A PT ON NE LINE LOT 141 FT SE OF MOST NLYCOR TH SW 120.25 FT TO APT ON SW LINE LOT 4 30 FT SE OF MOST WLY COR LOT 4 TH 30 FT NW TO MOST WLY COR SAID LOT TH 120 FT NE TO MOST NLY COR LOT 1 THSE41 FT TO BEG SE 120 FT LOT 5BLK 41 SE 120 FT LOT 8 BLK 41 SE 120 FT LOT 9 BLK 41. EXHIBIT "B" Legal Description of City Property AUDITOR RAINBOWS REPLAT LOT 18 (parcel 8913-23-429-022) and AUDITOR RAINBOWS REPLAT ALL LOT 14 EXC N 126 1/2 FT LOT 24 (parcel 8913-23-429-023) and AUDITOR RAINBOWS REPLAT W 32 FT N 155 FT LOT 13 (parcel 8913-23-429-011) Page 47 of 268 PROPERTY EXCHANGE AGREEMENT This Property Exchange Agreement (the "Agreement") is made and entered into as of 2019 by and between The Salvation Army ("SA") and the City of Waterloo, Iowa ("City"). RECITALS A. SA is the owner of certain real property located within the City of Waterloo, locally known as 415 E.th Street, which City desires to acquire for redevelopment or municipal use (the "SA Property"), which is legally described ed a set forth on Exhibit "A" attached hereto. B. City is the owner of certain real property which SA desires to acquire for redevelopment (the "City Property"), locally known as parcel nos. 8913-23-429- 011, 913-2 -429-- o11, 8913-23-429-022 and 8913-23-429-023, which is legally described as set forth on Exhibit "B" attached hereto. C. Each party desires to exchange its respective property with the other party on the terms set forth in this Agreement. D. City believes that the property exchange is in the public interest and is reasonably expected to accomplish a public purpose. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein between the parties and for other consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Possession and Closing. If each party timely performs all obligations set forth in this Agreement, it shall receive possession of the other party's property at Closing. The purchase price for the City Property shall be $1.00, and the purchase price for the SA Property shall be $200,000.00. "Closing" shall occur at the earliest practicable date within sixty days after approval of this Agreement by the Waterloo City Council, but in any event after the approval of title to the SA Property by City, approval of title to the City Property by SA, and satisfaction or waiver of contingencies, if any. At Closing, each party deliver to the other party the full purchase price for the property to be acquired hereunder, and each party shall convey fee simple title of its respective property to the other party by special warranty deed, free and clear of all liens, claims, and encumbrances except (a) easements, conditions, and restrictions of record; (b) general utility and right-of-way easements serving the respective property; and (c) restrictions imposed by local zoning ordinances and other applicable law. Each party shall, at its own expense, deliver to the other an abstract of title for its respective property, updated to a date within sixty days of Closing. The abstract shall show marketable title in City or SA, as appropriate, in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The conveying party shall make every reasonable effort to promptly perfect title. If Closing is Page 48 of 268 delayed due to either party's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' wri 4. Representations and Warranties of City. City hereby makes the following representations and warranties with respect to itself and the City Property. Said representations and warranties are true and correct in all material respects on the at of the Agreement and shall be true and correct in all material respects as of Closing. A. There are no actions, lawsuits, judgments, liens, suits, claims, investigations or other proceedings pending or threatened against City or the City Property which relate to City's ownership, maintenance, or operation of the City Property or right in any way affect the City Property or this transaction. B. There are no claims, disputes, actions, or proceedings existing against or affecting the City Property that relate to environmental laws or permits, City has not received notice of any actual or alleged violation of environ ental laws or pe -mits affecting the City Property, and there are no hazardous substances on the City Property. City is not subject to and is not currently operating under any compliance or consent order, schedule, decree, or agreement issued or entered into under any environmental law. C. City has provided to SA. a copy of all environmental reports, surveys or studies in its possession in respect of the City Property, if any. D. There are no general property taxes or special assessments presently due or payable in respect of the City Property. E. Following approval of this Agreement by the City Council, City shall have the right, power and authority to enter into this Agreement and to perform the terms of this Agreement. F. Following approval of this Agreement by the City Council, the execution, delivery and performance of this Agreement and the Closing will not conflict with any provision oflaw applicable to City nor result in any breach of any provision of or constitute a default under the agreement or instrument to which City is a party and which would affect the marketability of title or SA's use of the City Property. G. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 5. Indemnity. To the extent permitted by applicable law, SA and City hereby agree to indemnify and hold each other harmless from and against and any all claims, demands, liabilities, losses, damages, fines, fees, penalties, costs and expenses, including but not limited to reasonable attorney's fees, by reason of the indemnifying parties' breach of any representation or warranty set forth in either Section 3 or Section 4 above, as applicable, or in Section 7 below. 6. Real Estate Taxes and Assessments — City Property. There are no property taxes or special assessments payable in respect of the City Property. SA shall pay all real estate taxes and special assessments that become payable in respect of the City Property after Closing. 3 Page 50 of 268 7. Real Estate Taxes and Assessments — SA Property. SA is an entity exempt from taxation and there are no property taxes or special assessments payable in respect of the SA Property. In addition, all charges for solid waste removal, sewage, maintenance and other assessments that are attributable to SA's possession, including those for which assessments arise after Closing, shall be paid by SA. . Transfer Tax. At Closing, SA shall pay the real estate transfer tax payable in connection with the transfer of the SA Property to the City, if any. No real estate transfer tax is payable under Iowa law in connection with transfer of the City Property to SA. 9. Risk of Loss and Insurance. SA shall bear the risk of loss or damage to the SA Property prior to Closing, and City shall bear the risk of loss or damage to the City Property prior to Closing. Each party shall insure its respective property in the manner and to the extent it deems fit. 10. Environmental Matters. Each party shall provide to the other at Closing a properly executed groundwater hazard statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the property of the conveying party unless disclosed here: within 30 days after the date of this Agreement, either party may obtain, at its sole cost and expense, a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the property to be conveyed to it by the other party. The owner shall cooperate in providing reasonable access to the other party's inspectors and engineers. In the event any hazardous materials, substances, conditions or wastes are discovered on the property, and if the owner is required to expend any sum in excess of $500 to remove any hazardous materials, substances, conditions or wastes, the owner shall have the option to cancel this transaction and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by the property owner, subject to said owner's right to cancel this transaction as provided in this Section. 11. Default. If either party shall default prior to the Closing in any of its respective obligations under this Agreement, the other party, by notice to such defaulting party specifying the nature of the default and the date on which this Agreement shall terminate (which date shall be not less than fourteen (14) days after the giving of such notice), may terminate this Agreement, and upon such date, unless the default so specified shall have been cured, this Agreement shall terminate. Each party shall also be entitled to exercise any other right or remedy available under applicable law, and the prevailing pai-ty shall also be entitled to obtain judgment for its costs and reasonable attorneys' fees. 12. Costs and Expenses. Unless specifically provided to the contrary in this Agreement, each party shall bear all cost and expense of any type or nature whatsoever resulting 4 Page 51 of 268 from or arising in connection with any action that is necessary or expedient for such party to perform its duties as provided in this Agreement, and neither party shall have any claim or right of reimbursement or setoff against the other for any such cost or expense. 13. Cooperation. Each party agrees to cooperate in good faith with the other party in connection with the performance of the other party's obligations hereunder or matters otherwise contemplated hereby. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, ment, or any other relationship between the City and SA nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Vices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight delivery service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copy to Community Planning and Development Director. (b) if to SA, at 89 Franklin Street, Waterloo, Iowa 50703, Attn: Delivery of notice shall be deemed to occur i on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to he severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 5 Page 52 of 268 1 . Survival. Each of the terms of this Agreement shall survive the Closing. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, a they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement t or of any provisions hereof 20. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed l a original and all of which, taken together, shall constitute one and the same instrument. 22. Entire Agreement. This A reer e t, together with the exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the s bj ect matter hereof. 23. Time of Essence. Time is of'the essence of this Agreement. II WITNESS WHEREOF, the parties have executed this Property Exchange Agreement by their duly authorized officers as of the date first written above. THE SALVATION ARMY CITY OF WATERLOO, IOWA By: By: Quentin Hart, Mayor Title: 6 Attest: Kelley Felchle, City Clerk Page 53 of 268 EXHIBIT "A" Legal Description of SA Property ORIGINAL PLAT WATERLOO EAST ALL LOTS 1 AND 4 BLK 41 EXC COM AT A PT ON NE LINE LOT 1 41 FT SE OF MOST NLY COR TH SW 120.25 FT TO A PT ON SW LINE LOT 4 80 FT SE OF MOST WLY COR LOT 4 TH 30 FT NW TO MOST WLY COR SAID LOT TH 120 FT NE TO MOST NLY COR LOT 1 TH SE 41 FT TO BEG SE 120 FT LOT 5 BLK 41 SE 120 FT LOT 8 BLK 41 SE 120 FT LOT 9 BLK 41. Page 54 of 268 EXHIBIT "B" Legal Description of City Property AUDITOR RAINBOWS REPLAT LOT 18 (parcel 8913-23-429-022) and AUDITOR RAINBOWS REPLAT ALL LOT 14 IXC N 126 1/2 FT LOT 24 (parcel 8913-23-429-023) and AUDITOR RAINBOWS REPLAT 111 32 FT N 155 PTL T 13 (parcel 8913-23-429-011) Page 55 of 268 CITY OF WATERLOO Council Communication Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Waterloo Homecoming Association in the amount of $8,500, Leisure Services Golf in the amount of $12,000, Waterloo Cultural & Arts in the amount of $23,718, the Jesse Cosby Neighborhood Center in the amount of $8,500, Waterloo Police Department Event Overtime in the amount of $30,000, the Waterloo Memorial Hall Commission in the amount of $2,000, the North End Cultural Center in the amount of $4,500, Waterloo Leisure Services - S p o its P lex in the amount of $10,000, and the Waterloo Municipal Band in the amount of $20,000. City Council Meeting: 6/17/2019 Prepared: 6/11/2019 REVIEWERS: Department Reviewer Action Date Finance . p proved. 6/11/ 0 :2, i .. 'Weidner, Mich ,1-� -� Clerk Office Even, 1:.: A e A mem n Approved 6/12/ :d„0 AM ATTACHMENTS: Description Type J..i:otei Motel 1. isc:,. June 2 .)1 9 ..:°1 c Cover ▪ l l a to Mote:. F.) i.ser Award l 1 istory June 2. 1 Cover Me. o 2019 Water oo 1 o:mrneco n ing 1 M App ..;over M erno CI 2 .01 (mm, .m�e Svc Golf -IT M App Cover Mei �T o f o 2019 C:;u.ltu..m, ai & Arts Graphic es gn ,i l l App .../over Memo ▪ 20119 Jesse Cosby l.,l.. M.. ..,.p,p Cover Memo ▪ 2 19 9 Wate me ..00 P ° amice,Dept s t App _, ovem M ern.o ▪ 2. 19 M ernoria 1.1 11 Comm.....i'M App C over M erno ▪ 01"North gym. 'En n .A...rts Fest, App Cover Merno ▪ .....�msuaii.e Svc Sp rtsP,lex 2019 M.App Cover M e lo o 2.119 Waterloo (:;ornm Concert Band IT M: Cover Memo SUBJECT: Submitted by: Recommended Action: Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Waterloo Homecoming Association in the amount of $8,500, Leisure Services Golf in the amount of $12,000, Waterloo Cultural & Arts in the amount of $23,718, the Jesse Cosby Neighborhood Center in the amount of $8,500, Waterloo Police Department Event Overtime in the amount of $30,000, the Waterloo Memorial Hall Commission in the amount of $2,000, the North End Cultural Center in the amount of $4,500, Waterloo Leisure Services - SportsP lex in the amount of $10,000, and the Waterloo Municipal Band in the amount of $20,000. Submitted By: Michelle Weidner, Chief Financial Officer Funding Recommendations: Waterloo Homecoming Association $ 8,500 Page 56 of 268 Summary Statement: Leisure Services - 2019-20 Golf Marketing Campaign Cultural & Arts - Part -Time Graphic Arts Designer Jesse Cosby Neighborhood Center - 2019 Youth Employment Services Waterloo Police Department - Uniformed Presence at Community Events Waterloo Memorial Hall C o mmis s io n North End Cultural Center - 2019 Arts & Music Fest Leisure Services S p orts P lex - 2019-20 Marketing Campaign Waterloo Community Concert Band - 2019 Summer Concert Series 12,000 23,718 8,500 3 0, 000 2,000 4,500 10,000 20.000 Total $119,218 The award history for discretionary hotel/motel tax awards is included for your reference. Expenditure Required: Source of Funds: These requests total $119,218 from council discretionary hotel/motel tax funds. Hotel/Motel Tax Discretionary Funds. The current available balance for F YE2019 is $119,216.54. The award history for discretionary hotel/motel tax awards is included for your reference. Page 57 of 268 It Thyor QUENTIN 11ART COUNCIL MEMBERS * • * 6 * * * 6, . . MARGARET KLEIN itlard BRUCE JACOBS If'ard 2 PATRICK MORRISSEY rIlard 3 JEROME AMOS, JR. Ward -I RAY PTUSS !raid 5 Si IARON RION At -Large STEVE SCIINHTT At -Large 715 Mulberry Si ELLEY FELCHLE 1111, ce Waterloo, IA 50703 (319) 291-4323 Fax (319) 291-4571 City Clerk MICHELLE WEIDNER CPA Ch WTI) ncial QUicer 01,1,01 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Nu ber of Attachments: SUBJECT: Su mitted by: June 17 2019 June 11,2019 Michelle Weidner 6 Applications, Award History otel/Motel Discretionary Grant Applications Michelle Weidner, CFO Recommended Action: Approve the award of hotel/motel discretionary funds to the following entities, as recommended by the committee: 1. Waterloo Homecoming Association $ 8,500.00 2. Waterloo Leisure Services Golf Marketing 12,000.00 3. Waterloo C&A Part -Time Graphic Arts Designer 23,718.00 4. Jesse Cosby Center Youth Employment Services 8,500.00 5. Waterloo Police Department vent Overtime 30,000.00 6. Waterloo Memorial Hall Commission 2,0110.00 7. North End Cultural Center, Inc. 4,500.00 8. Waterloo Leisure Services — SportsPlex Marketing 10,000.00 9. Waterloo Community Concert Band 20,000.00 Total $119,218.00 The funding applications and award history for discretionary hotel/motel tax awards are included for your reference. The available balance in the hotel/motel fund to be allocated for FYE 2019 is $119,216.54. The original requests total $133,493 to be paid from council discretionary hotel/motel tax funds. The committee has reduced the requests in order to use the current available balance. Expenditure Required: $119,218.00 Source of Funds: Hotel/Motel Tax Discretionary Funds. The current available balance for FYE2019 is $119,216.54. The award history for discretionary hotel/motel tax awards is included for your reference. WORKING FOR YOU! An Equal Opportunity/Affirmativ, Action Employer Page 58 of 268 ►, ;;,*rte Jas R 1 mow- "rr:a}=nt; gaer imPf,'' ,%%.!''f.-...rf/r.,: :�:�'✓�< ..s..r,rn; .».,.a,.��,..,..»........�iin.�.�».».,.,.,.,.»».�,.:x. COUNCIL DISCRETIONARY REVENUE Annual Awards FY 1996 FY 1997 OVERAGE 1540,600.95 - 500,000.00 = 40,600.95 x .50 = 20,300.47 OVERAGE 1577,784.25 - 500,000.00 = 77,784.25 X .50 = 38,892.13 20,300.47 38,892.13 FY 1998 OVERAGE 618,616.00 - 500,000.00 = 118,516.00 X .50 = 59,308.00 59,308.00 FY 1999 FY 2000 OVERAGE OVERAGE 643,399.03 - 500,000.00 -- 143,399.03 X .50 - 71,212.51 698,005.93 - 500,000.00 = 198,005.93 X .50 = 99,002.97 7'1,212,51 99,002,97 FY 2001 OVERAGE 751,044.68 - 500,000.00 = 251,044.68 X .50 = 125,522.34 125,522.34 FY 2002 OVERAGE 668,079.02 - 500,000.00 = 168,079.02 X .50 = 84,039.51 84,039.51 FY 2003 OVERAGE 707,338.05 - 500,000.00 = 207,338.05 X .50 = 103,669.02 704,352.53 - 643,046.78 = 61,305.76 723,848.16 - 666,593.71 = 67,154.45 759,249.05* 10% = 75,924.91 103,669.02 FY 2017 1,228,036.32 * 10% = 122,803.64 1,231,187.86 * 10% = 123,118.79 1,304,319.76 * 10% =120,431.97 ,252,227.48 * 10% = 125,222.75 1,289,869.28 * 10% =128,986.93 61,305.75 67,154415 75,924.91 80,884.05 110,993.22 131,796.06 111,188.66 118,608.64 122,803.64 123,118.79 118,808.04 120,431.97 125,222.75 128,986.93 FY 2018 1,293,422.57 * 10% = 129,342.26 129,342.26 I/A1 :fir wa3n;rd i�.;,".„i;;.,ii✓��'�9iw�'N"w.r""%� :;:�L;�;:s.'."w%ft'n^^'::ri:^"r�»�;,���".�.'7;::'�;;.��' „:,`i',n»�v��crY,� ra:r.�.n^+�nn x"��✓::a'-y^r.� �:�•.• >,.1� h ��?�.<r. ..... �.rfn:���.,.,�*n ....,.^:�r.....5-:✓��.�.�rr;�-i-�r..e.r;-.fr ... } ayd,�a,'n n .. r;.. w%r,.ww•.... � . rA'in: .o-rr!.,r%�:'.. 1# 25294 28475 06/23/97 'GROUT MUSEUM 12,500.00 01/02/97 FIREWORKS 3,000.00 ## 30316 11/24/97 ;PASS STADIUM 25,000.00 06/15/98 WATERLOOS OF THE WORLD 13,695.00 49802 07/15/99 CINDY WELLS - BELGIUM 690.00 # 49464 07/19/99 IOWA GOLF ASSOCIATION 15,000.00 # 51580 07/19/99 FIREWORKS 5,000.00 ## 53154 10/29/99 MARKIN CONSULTANT - GREYHOUND TRACK RACE 2,500.00 # 56369 02/11/00 MARKIN CONSULTANT - GREYHOUND TRACK RACE 11,500.00 #57178 03/06/00 THE SPORT'S MANAGEMENT GROUP 4,650.00 # 60570 06/26/00 MAIN STREET - FIREWORKS 1 000.00 RES ##789 FY 2000 VARIOUS CITY DEPARTMENTS (ARTS & CULTURAL) 137,409.72 RES # 131 03113100 WATERLOO COMMUNITY PLAYHOUSE 7 000.00 RES # 131 03/13/00 WATERLOO MUSEUM OF ARTS 2,000.00 RES # 131 03113100 WATERLOO 1 CEDAR FALLS SYMPHONY 10,000.00 RES#131 03/13100 HARTMAN RESERVE 5,000.00 RES # 2001-092 03112/01 FESTIVAL OF IOWA FOLKLIFE 10,000.00 RES ## 2001-092 03/12/01 FIVE SULLIVANS CENTER (MAINTENANCE PERSON) 12,500.00 RES ## 2001-196 05/07/01 LOST ISLAND ADVENTURE PARK 19,159.07 RES # 2001-294 RES # 2001-095 06/11/01' WL00 JAYCEES/MAIN STREET - FIREWORKS 03/14/01 FIVE SULLIVANS CENTER (MAINTENANCE PERSON) 5,000.00 1,532.74 RES # 2001-357 07/09/01 FIVE SULLIVANS CENTER (MAINTENANCE PERSON) 5,343.31 RES # 2001-370 07/16/01 MULTI-COMPONENT DOWNTOWN ART PROGRAM 37,000.00 RES # 2001-388 07/23/01 'MUNICIPAL BAND 20,000.00 RES # 2001454 08/20/01 REICHEFT CELEBRATION HORSE SHOW 1,500.00 RES # 2001-669 12/10/01 FIVE SULLIVANS CENTER (MAINTENANCE MAN) 1,054.74 RES # 2002-010 01107102 DOWNTOWN LIGHTS THE NIGHT PARADE (MAIN ST) 5,000.00 RES # 2002-173 03/28102 IOWA OPEN 25,000.00 RES # 2002-173 03/28/02 STREET FLAGS 5,000.00 RES # 2002-173 03/28/02 METROPOLITAN TENNIS ASSOCIATION 5,000.00 RES # 2002-173 03128102 WATERLOO MUNICIPAL BAND (FYE03 BUDGET) 15,500.00 38,695.00; 201,740.72 48,191.81 20,000.00 124,898.05 RES # 2002-560 09/16/02 GROUT MUSEUM RES # 2002-560 09/16/02 WATERLOO COMMUNITY PLAYHOUSE 20,000.00 13,000.00 RES # 2002-560 09/16102: NATIONAL CATTLE CONGRESS 13,000.00 RES # 2002-560 09/'16/02 WATERLOO JAYCEES - DOWNTOWN FIREWORKS 3,000.00 RES # 2002-560 RES # 2003-525 09/16/02 08/04/03 WATERLOO JAYCEES WATERLOO OPEN 10,000.00 WATERLOO AIRPORT - TRAVEL LEAKAGE STUDY 3,5500.00 RES # 2003-252 RES # 2003-252 04/14/03 04/14/03 WATERLOO MUNICIPAL BAND (FYE04 BUDGET) GROUT MUSEUM 21,000.00 6,000.00 RES # 2003-175 03/17/03 ADDS. HOTEL/MOTEL TAX GRANT AWARDS (FYE04) 700.00 RES # 2003-716 10/20/03 AIRPORT JET SERVICE MARKETING CAMPAIGN _6,000.00 RES ## 2003-727 10/27103 5 SULLIVAN BROTHERS GRAND RE -OPENING 3,177.57 RES # 2004- 75 02/16/04 WATERLOO JAYCEES - 20p4DOWNTWN FIREWORKS RES # 2004- 75 02/16/04 WATERLOO JAYCEES - 2004 WATERLOO OPEN 3,000.00 8,000.00` RES # 2004- 75 02/16104 WATERLOO YOUTH HOCKEY ASSOCIATION 0.00 RES # 2004- 75 02116/04 WATERLOO POLICE DEPARTMENT 10,000.00 IRES # 2004- 73 02116l04 RES 112004- 75 02116l04 Prepared by The Finance Department NATIONAL CATTLE CONGRESS WATERLOO COMMUNITY PLAYHOUSE 18,000.00 - ---- ----- -- 15,000.00 59,000.00 31,200.00 Paggg59opf 268 COUNCIL DISCRETIONARY REVENUE Annual Awards RE 084 75 02/15104 FOLKLIFE FESTIVAL CENTER FOR THE ARTS RES # 2004- 75 02/16/04 REICHERT PLEASURE HORSE CELEBRATION RES # 2004-106 0310//04 FYE04 RESERVE ALLOCATION RES # 2004-247 04/19/04 AIRPORT GRAND RE -OPENING - 2ND JET MKTG RES # 2004-345 05124104 150TH ANNIVERSARY CELEBRATION RES # 2004-106 03101104 FYE05 RESERVE ALLOCATION 0.00 0.00 30,000.00 5,000.00 257.91 30,000.00 128,435.48 RES # 2004.-495 07/26/04 WATERLOO MUNICIPAL BAND (FYE05 BUDGET)22,276 .00 RES # 2004-495 07/26/04 MAIN STREET - FLOWER WATERING3,000.00 RES # 2004-486 07/26/04 WATERLOO EXCHANGE CLUB - HEALING FIELDS 2,000.00 RES # 2004-688 10/04/04 GROUT MUSEUM...} MARKETING 4,400.00 RES # 2005. 67 01/24/06 EXPO HIGH SCHOOL INTL LEARNING CONFERENCE 1,000.00 RES # 2006-114 02/07/05 MIDWEST WORLD FEST ARTIST RESIDENCIES 5,000.00 37,675.00 RES # 2005-770 08/15/05 WATERLOO MUNICIPAL BAND (FYE06 BUDGET 22,726.00 RES # 2005470 08//5106 AIRPORT MARKETING 2,500.00 RES # 2005-886 09/26/05 GROUT MUSEUM - MARKETING 8,000.00 RES # 2006-181 03/06/06 DAN GABLE WRESTLING MUSEUM 0.00 33,225.00 RES ilMIMEIMIl 07/24/06 WATERLOO MUNICIPAL BAND (FYE07 BUDGET 22,725.00 RES # 2006071 10/02/06 DAN GABLE WRESTLING MUSEUM RES #/ 2006-1059 12/04106 WATERLOO POLICE DEPARTMENT RES # 2006-1059.... 12/04/06 WATERLOO CENTER FOR THE ARTS RES # 2007-0029 01/08/07 NWCA NATL DUALS WRESTLING MEET 06/11/07 THE COURIER - AD WELCOMING ISLE 08/06/07 WATERLOO MUNICIPAL BAND (FYE08 BUDGET) 08/20/07 WATERLOO POLICE DEPARTMENT 10,000.00 31,000.00 17,000.00 3,001.00 480.00 84,206.00 22,725.00 25,000.00 • 08/20/07 WATERLOO SOFTBALL ASSOCATION 4,000.00 RES # 2007- 716 08/20/07 WATERLOO EXCHANGE CLUB - HEALING FIELDS 3,000,00 RES . 2008- 02/18/08 WATERLOO POLICE DEPARTMENT '16,200.00 + . 01/14/08 MAIN STREET BBQ'LGO RES # 2008.639 RES # 2008- 843 09/22108 EXPO BUSINESS PLAN RES # 2008- 843 09/22/08 WATERLOO ANEW MARKETING BROCHURE RES # 2008- 843 09/22/08 WLOO POLICE DEPT EVENT OVERTIME RES # 2008- 843 09/22/08 WAYFINDIN DESIGN - VANDEWALLE RES # 2008- 843 09/22/08 PHELPS YOUTH PAVILION MARKETING RES # 2008- 843 09/22108 DAN GABLE WRESTLING MUSEUM RES # 2008- 843 09/22/08 FIRE DEPT EVENT OVERTIME RES # 2008- 843 09/22/08 HAIRSTYLISTS FLOOD VICTIM FUNDRAISING EVENT 800.00 RES # 2008- 843 09/22/08 GROUT MUSEUM FOR GRAND OPENING 7,000.00 RES # 2008- 843 09/22/08 ELECTRIC PARK MARQUEE - CANCELLED 0.00 RES # 2008- 843 09/22/08 CEDAR VALLEY SPORTS & ENTERTAINMENT 1,200.00 RES # 2009- 296 04/06/09 GOLF ON MEDIA TV AD CAMPAIGN 7,200.00 RES # 2009- 433 05/11/08 RES # 2009- 058 07/06/09 07/28/08 WATERLOO MUNICIPAL BAND (FYE09 BUDGET) 8,000.00 22,275.00 6,000.00 9,930.42 30,684.00 12 383.24 14,700.00 4,000.00 3,000.00 WESCO - START-UP CASH FIRE DEPT IRISH FEST OVERTIME 70,925.00 = ! 1 1 146,972.66 RES # 2009- 797 08/10/09 WATERLOO MUNICIPAL BAND FYE2010 22,275.00 RES ...# 2009- 843 08/24/09 NATIONAL CATTLE CONGRESS -ID READERS 2,386.00 RES # 2009- 1233 /2121/09 YOUTH PAVILION MARKETING 25,091.00 RES # 2010- 091 02/15/10 CEDAR VALLEY TECHWORKS - AGRI-TECH 5 000.00 RES # 2010- 323 05/03/10 1L0POLICE DEPT EVENT OVERTIME 30,000.00 RES # 2010- 323 05/03/10 WATERLOO MUNICIPAL BAND FYEII BUDGET 20,000.00 RES # 2010 323 05103/10 GOLF TV ADVERTISING CAMPAIGN (FYEI1 BUDGET 5,00000 RES # 2010- 323 05/03/10 LOU HENRY HOOVER SCULPTURE GARDEN 15,000.00 RES • c 05/03/10 UNITED SISTERS OF BHC 1111.11111121 05/03/10 FRIENDS OF NATIONAL CATTLE CONGRESS 5,000.00 RES # 2010- 323 05103/10 WATERLOO COMMUNITY PLAYHOUSE 688.23 RES # 0- 323 05/03/10 GROUT MUSEUM 10,000.00 148,439.23 RES ## 2010- 649 07/26/10 WATERLOO FIRE RESCUE 5 000.00 RES # 2010- 683 08/02/10 MAIN STREET (on behalf of Public Market 5,000.00 10/18/10 CV SPORTS & ENTERTAINMENT COMMISSION RES # 2010- 940 10/18/10 AIRPORT MARKETING RES # 2010- 99711/08/10 GROUT MUSEUM RES ## 2011-247.... 04/04/11 WATERLOO COMMUNITY PLAYHOUSE RES # 2011•- 247 04/04/11 UNITED SISTERS OF BHC RES # 2011- 247 04/041/1 KIWANIS CLUB - AIR SHOW RES # 2011- 247 RES #..2010- 940 2,000.00 4,800.00 8)000.00 1,738.38 5,000.00 10,000.00 04/04/11 WATERLOO HOMECOMING ASSOCIATION 6,000.00 RES # 2011- 248 04/04/11 WATERLOO MUNICIPAL BAND FYE12 BUDGET) 21,023.40 RES # 2011-428 06/16/11 WATERLOO COMMUNITY PLAYHOUSE 1,000.00 RES ## 2011- 428 05/16/11 KOINNIA MINISTRIES YOUTH SUMMIT 2011 4,000.00 RES # 2011- 428 05/16/11 WATERLOO CULTURAL & ARTS BAHAMAS EXHIBIT/CON 6,500.00 RES # 2011428 05/16/11• • • 10,000,00 89,059=78 RES # 2011- 990 10/10/11 WATERLOO CULTURAL & ARTS MARKETING - 10,000.00 RES # 2011- 990 10/10/11 WATERLOO LEISURE SERVICES GOLF MARKETING 5,400,00 RES # 2011- 990 10/10/11 AIRPORT MARKETING 7,000.00 RES #12011-1075 11/14/11 PUBLIC MARKET GRANT TRANSFER TO LEISURE 5,000.00 RES ## 2012- 142 11/14/11 WATERLOO EXPO SERVICES CORP 15 000.00 RES # 2012- 473 02/13/12 C&A - AMPHITHEATER MARKETING (TRANSFER to RAI) 30,000.00 Prepared by The Finance Department Paae e a 0/ of 268 ag3 COUNCIL DISCRETIONARY REVENUE Annual Awards RES # 2012- 142 .0.2113/12 LEISURE SERVICES - SPORTSPLEX MARKETING 10,000.00 RES # 2012-142 02113112 POLICE - EVENT OVERTIME ............. 20,000.00 RES # 2012-143 02113112 WATERLOO MUNICIPAL BAND FYE13 BUDGET) 20,000.00 RES # 2012- 546 06104112 NORTH END ARTS 8, MUSIC FEST 6,000.00 RES # 2012- 545 06104/12 ASPIRE THERAPEUTIC RIDING PROGRAM 4,000.00 131,400.00 RES # 2012- 871 08/27/12IPURCHASE DUNSMOOR HOUSE __......36,279.00 RES # 2013.199 03118113 GROUT MUSEUM DISTRICT 500.00 RES # 2013-199 03/18/13 WATERLOO MUNICIPAL BAND FYE2014 BUDGET 20,000.00 RES # 2013- 199 03/18/13 CEDAR VALLEY SPORTS & ENTERTAINMENT COMM 2,000.00 RES # 2013-199 03118113 WATERLOO HOMECOMING ASSOCIATION 8,000.00 RES # 2013-199 03118113 NORTH END CULTURAL CENTER 5,000.00 RES # 2013- 199 03118/13 LEISURE SERVICES - GOLF ADVERTISING 6,000.00 RES # 2013- 462 06/03/13 ASPIRE THERAPEUTIC RIDING PROGRAM 6,500.00 RES # 2013- 462 06/03113 POLICE - FY13 EVENT OVERTIME 25,000.00 108,279.00 RES # 2013- 734 09103113 I SPECK WALKABLE COMMUNITIES EVENT 2,666.00 RES # 2013- 877 10/28/13 MAIN STREET WATERLOO 6 000.00 RES # 2013- 377 10128113 SOCIAL ACTION, INC. 10,000.00 RES # 2013- 877 10128113 POLICE - FY14 EVENT OVERTIME 25,000.00 RES ## 2014- 177 03/10/14 KIWANIS CLUB OF WATERLOO - AIR SHOW 15,000.00 RES # 2014-177 03/10/14 NORTH END CULTURAL CENTER 5,000.00 RES # 2014- 301 04128114 WATERLOO MUNICIPAL BAND FYE2015 BUDGET 20,000.00 E 20'14- 30'1 04/28/14 ASPIRE THERAPEUTIC RIDING PROGRAM 7,000.00 04/28/14 LEISURE SERVICES - GOLF ADVERTISING 9,000.00 041281/4 GROUT MUSEUM DISTRICT - TOUR OF MY TOWN 0.00 99,666.00 081/81/4 CEDAR VALLEY SPORTSPLEX MARKETING 10,000.00 RES # 2014- 815 09/16/14 POLICE - FY15 EVENT OVERTIME 25,000.00 RES # 2014- 815 - 09/15/14 YWCA WEEK WITHOUT VIOLENCE 1,000.00 RES # 2015- 239 04/06/15 WATERLOO HOMECOMING ASSOCIATION 10,000.00 RES # 2015- 239 04/06/15 LEISURE SERVICES - GOLF ADVERTISING 9,000.00 RES # 2015- 239 04106116 NORTH END CULTURAL CENTER 5,000.00 RES # 2015- 239 04106/15 SOCIAL ACTION, INC. 10,000.00 RES ## 2015- 239 04/06/15 WATERLOO MUNICIPAL BAND BUDGET 20,000.00 RES # 2015- 239 04/06/15 RIVERLOOP ASSOCIATION, INC. RES RES # 2015- 531 06129115 GROUT MUSEUM - VIETNAM VETS EXHIBIT + 1'10,600.00 + 07/20/15 CEDAR VALLEY SPORTSPLEX MARKETING f RES # 2015- 683 07120/16 ASPIRE THERAPEUTIC RIDING PROGRAM 7,000.00 RES # 2015- 790 091281/5 LEISURE SERVICES - RIVERFRONT STADIUM VIDEO BO 10,000.00 RES if 2015- 790 09/28/15 POLICE - FYE16 EVENT OVERTIME 41,000.00 RES # 2016- 91 02/01/16 MAIN STREET 10 000.00 RES # 2016- 91 02101/15 WATERLOO MUNICIPAL BAND FYE2017 BUDGET 20,000.00 RES # 2016- 313 04/25/16 NORTH END ARTS & MUSIC FEST 2,323.80 RES # 2016- 313 04125116 LEISURE SERVICES - GOLF ADVERTISING 9,0(00.00 RES # 2016- 313 04/25/16 RIVERLOOP ASSOCIAT101',MIIIIIIIIIIIIIIIIIII,IC. ........-._. ......... 17,400.00 RES # 2016- 313 04/25/16 JESSE COSBY CENTER YOUTH EMPLOYMENT PROG 5,000.00 131,723.80 RES # 2016- 661 08/15/16 ASPIRE THERAPEUTIC RIDING PROGRAM 7,500.00 RES # 2016- 661 ...08/16/16 CEDAR VALLEY SPORTSPLEX MARKETING FY17 11,000.00 RES # 2016- 661 08/15/16 UNION BAPTIST CRUSADERS DRILL TEAM 5 000.00 RES # 2016- 962 12/12/16 FRIENDS OF HARTMAN RESERVE 20,000.00 ' 04124117 BOSNIAN CULTURAL FOUNDATION 10,000.00 RES # 2017- 317 04124117 WATERLOO HOMECOMING ASSOCIATION 10 000.00 RES # 2017- 317 04/24/17 MAIN STREET WATERLOO - 10,000.00 RES # 2017- 317 04/24/17 LEISURE SERVICES - GOLF ADVERTISING 10 000.00 RES # 2017- 317 04/24/17 NORTH END CULTURAL CENTER 5,00000 RES # 2017- 317 04/24/17 ASPIRE THERAPEUTIC RIDING PROGRAM 8 00000 RES # 2017- 317 04/24/17 WATERLOO POLICE DEPT EVENT OVERTIME 30,000.00 RES ## 2017- 774 09/18/17 WATERLOO MUNICIPAL BAND (FYE2013 BUDGET) 20,000.00 RES # 2017- 774 09/18/17 CEDAR VALLEY SPORTSPLEX MARKETING FY18 11 250.00 RES # 2017- 866 10/16/17 LEISURE SERVICES EVENT SHUTTLE 11,200.00 RES # 2018- 349 05/21/18 NORTH END CULTURAL CENTER 6 000.00 RES #12018- 349 051211/8 JESSE COSBY CENTER YOUTH EMPLOYMENT PROG 6,000,00 RES # 2018- 349 M5E1310 WATERLOO POLICE DEPT EVENT OVERTIME 30,000.00 RES # 2018- 349 05121/18 LEISURE SERVICES - GOLF ADVERTISING 15,937.00 RES 112018- 349 05121/18 LEISURE SERVICES EVENT SHUTTLE 3,376.00 RES # 2018- 349 06/21110 ASPIRE THERAPEUTIC RIDING PROGRAM RES # 2018- 349 06121118 WATERLOO ERLOO MUNICIP L BAND (F i E 01 9 BUDGET) 21,000.00 RES # 2018- 569 07/30/18 WATERLOO CENTER FOR THE ARTS - GRAPHIC DESIGN: 24128.00 RES #12018- 664 09/04/18 CEDAR VALLEY SPORTSPLEX MARKETING FY1 ....... 11,580.00 RES #2018-664 09104/18 LEISURE SERVICES YOUNG ...ARENA EVENT SHUTTLE 12,390.4 PRIOR AMOUNTS AWARDED NOT USED - REALLOCATE i (36,000.00) 8,000.00 126,500.00 131,762.00 .-.r.�.-� M-»],�,nc�w-✓.w_/���^�.M,rrh v ;l."'°�lr. %Y��, � �-l7M ti,., i""` %,'� :s"„ •'� ' +�•�w .r�.'�:��rr»,-.Yf+ .»"ri- r' .�;;a,^' •,..*�; �rff�r.� 5: �'i�'�'-"' `� •may,,,-,.x�""+w.''. ��� �=oz"�r�w-w:%�„x l:,.r �� �:-w��•^,xr�.,, ^ hyo„"', :;. /.n . ��;/� '��. #.'.k."x F' ,✓,,.m,ry _ rte, ca" ;' ;<'r'n;:ar,,�,;;. N xx,:oy.5✓''•„ lir•;»;�� y;!�%,.°iw�'..�',:�•.,y,,., ,��. ' � E Prepared by The Finance Department Pad eeq1 f9f 268 pJVHL Wa erloo City Co nci Discretionary otel Motel Grant A 10 licatio The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas, To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. GeneraHnformation (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo omecoming Association Name of facility/project Waterloo Homecoming 2019 Contact person Juliet Dunn, Treasurer Email juk Address of organization or person completing application: Street P.O. BOX 631 1111'111 ( City Waterloo State IA Zip 50704 Phone 319-232-2330 Fax: What is the ission of your organization'. rfhe mission of the Waterloo Homecoming Association (WHA) is to provide educational resources/guidance by awarding scholarships, supporting various educational initiatives, partnering with organizations with youth inspired visions and encouraging mentoring relationships to strengthen the youth of today for the youth o in the Cedar Valley area. Additionally, we sponsor a bi-annual event for all current and former Waterloo residents, their families and friends that will not only allow us to obtain our mission but will bring revenue to the city, provide opportunities for professional networking and renewal or development of friendshi es, thus giving hack to the city we all know and love....Waterloo, IA. Page 62 of 268 4. How long has your organization been in existence? September 2008 . How many staff members andior volunteers are involved in this organization and thel ro'ect There are 15 volunteers on the SHA committee. However, during the actual Bi -annual event, there will be numerous volunteers. G. Pkaseuhulicate esthat our r _le � r s: 5 Category 1 - Supports tourism and heads on beds Er Category 2 — Supports and assists community events er Category 3 W-- Brings people downtown EAf Category 4 — Supports Waterloouality of life 7. Please provide a detailed description of your project, together with a statement of how our project fits into one or more of the above listed 4 categories. The homecoming weekend will be held August -11, 2019. The theme is "Express Yourself" and the sub -theme is "Generations Standing Together". Activities for all ages are being planned. (Anticipated attendance — 800-1000 people) Ramada Inn (downtown) Fairfield Inn Holiday Inn Express Country Inn & Suites Frampton Inn Waterloo Center for the Arts Sullivan Park Rodney's Kitchen Isle of Capri Payne Church Entertainment* Grout Museum* UNI-CUE/Payne Church* oys & Girls Clb Waterloo Community Schools* Public* Lodging Lodging Lodging Lodging Lodging Banquet/Dinner/Style Show/ Local Youth Talent (Waterloo Writing Project/ Youth Art TeamiN.U.Y.E.) Festival in the Park (Gospel Music, Kid Play Zones/Basketball) Lunches Meet and Greet/Registration/Casino Nite Breakfast Honoring Minority Entrepreneurs (Talent Show — Local Talent) Science Project Youth Educational/Financial Workshops s(Presenters) Educational Workshops (Presenters) Golf, Bowling, Swimming, Tour, Scavenger Hunt negotiations/reservations in progress Page 63 of 268 Our project mets all four categories as follows: (1) Local hotels have been contacted for rates in 2017, there were approx. 400+ attendees and we anticipate a 50% increase in 2019. This mans more heads in beds for the city. We are planning a tour of Waterloo as well as a scavenger hunt to recognize old landmarks, Which promotes tourism. (2) We will communicate events happening in Waterloo (as long as we are aware) and all attendees will receive Welcome packages from the Chamber of Commerce, which also includes events or things to do in the Loo. (3) There are several events planned downtown banquet/style show/talent show/dance will be held at the Waterloo Center for the Arts, social events are being planned at and Isle of Capri as Well as other venues to be determined. (4) The tours, events and anticipated revenue for business owners will add to the quality of life in Waterloo 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. WHA will sponsor a bi-annual event for all current and former Waterloo residents, their families and friends that will not only allow us to obtain our mission but will bring revenue to the city, provide opportunities for professional networking and renewal or development of friendships. WHA also sponsors a yearly "Set the Stage" talent show that brings in revenue for additional scholarships and thus giving back to the city we all know and love....Waterloo, IA. 9. Give an estimate of how you plan to measure the success of the project. The success of the project will be measured by the number of people who attend each event and how much each attendee enjoys the events as well as returning to the city where we grew up. In addition, We can measure our success by the number of youth's lives we make a difference in through scholarships and mentoring. 10. Describe specifically how the proposed project will be marketed. The Waterloo Homecoming 2017 is being marketed by the following methods: WHA website Social network, i.e. Face book (subcommittee created with 600 current members)/Twitter Recruiting efforts with representatives in various cities through the United States E-mail C.J.S. mail (for those w/o access to computers) Churches Uni-Cue University of Northern lowaillawkeye Community College/Warburg College Posters Media (radio, newspaper) Word of Mouth Page 64 of 268 } } KBBG & KBOL Radio Stations (PSAs) Waterloo Community Schools KWWL Waterloo Courier North End Update North End Update Extension(N.U.Y.E.) 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. (See attachments) 12. Please include in your submitted materials: • Tax exempt status (non-profit 501 3 c) • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. ▪ Detail if your intended goals for the project were met? • Detail how the funds were spent? BUDGET SUMMARY: Total Project Cost Additional Funding Sources $ 43 200,00 In -Kind Services Hotel/Motel Tax Grant Request 12A00.00 $ 55 200.00 Please note: Additional Funding Sources, in -Kind Services aiud liotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received, !1 ature of Applicant Date Page 65 of 268 EXPENSES SE FACILITIES RENTAL: Waterloo Center of the Arts Isle of Capri Payne Church TI3D SUB TOTAL A 1 htiLUU HOMECOMING ASSOCIATION 2019 EVENT PLANNING BUDGET FORECASTED ACTUAL 800.00 ; $ 2,000.00 $ 600.00 $ 1,500.00 4,900.00 5 INCOME REGISTRATION FEES: FORECASTED ADULTS { $ 25,000+0 $ - CHILDREN (UNDER 17) t-. _ 2,000,00+ $ _.. - SENIOR CITIZENS 6,500,00 $ SUBTOTAL 33,500.00 ACTUAL { DU ES: FOOD: ... INCOME FROM SI'OAiSOS. BAIQUET 12,225.00 i...--... - ... A. A, :.__$ 1,000.00. ' $ PICT NIC/CATERING _ $ 2,000.00 , $ B. , $ 1,000.00$ WORKSHOP DAY 1,000.00 $ 0 . WORKSHOP DAY 1,000.00 - D, _ , . $..... 1,000.00 , SUBTOTAL r 4,000.00 500.00 $ 4-. .. .... .. _16,2.25.00 SUBTOTAL GUEST SPEAKERS FEES: 2,000.00 ' $ SCHOLARSHIP AWARDS: A. 10 Scholarships 10,000.00 13. .HOTEL/MOTEL/TAX GRANT: . 5 12,000.00 C. ... T { - I�C MEFROMVENDORS: iVDOR: $ 100.00 .. ... E. .I+ $ 100.00 $ SUBTOTAL _...10,000.00-_ ... - C. 100,00 $ .. ... ... I ..... .. 0. .100.00 DONATIONS: + $ 1,000.00 : E. $100.00 P. $100.00 .......„; $100.00 f..$ 80.00 ........._ ....__ _.. SUBTOTAL 700.00 $ 100.00$ - , $$ 300.00 $ $ 1 000,00 $ .INCOME FROM SET THE STAGE: $ 1,480.00 _S _.” A. $2,000.00 SUBTOTAL $2,000.00 MISCELLANEOUS SUPPLIES: _ _ PO BOX WELCOME BAGS/GIFTS TROPHIES DECORATIONS SUBTOTAL TECHNICAL SUPPORT: A. PROJECTOR I. SCREEN C. SPEAKERS D. SOUND SYSTEM E. PODIUM F. VIDEO TECHNICIAN - O. WEB DESIGN SUBTOTAL LEGAL FEES: INSURANCE SECURITY: 50+00 $ � $ 50.00 _$ ... ... - ,DONATIONS: •. } $ 310.00 4 $ - . $ 25.00 ti $ - $ 230.00 $ -.. $ 2 000.00 $ 2,715.00 } $ 2,500.00 $ 400.00 5 - 5 400.00 5 ENTERTAINMENT- (D51s/Band): 3,500.00 $ TRANSPORTATION PRINTING: 1,200.00 SPONSOR LETTERS $ 750.00 $ - TEE SHIRTS .... 6,000.00 $ BROCHURES/PROGRAMS : $ 1,630.00 SAVE -THE -DATE CARDS + $ 250.00 $ POSTERS/BANNERS SUBTOTAL TOTAL 250,00: $ 8,880,00 $ 55,200.00 TOTAL 52,500,00 55 200.00 Page 66 of 268 INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, O 5 2 01 Date: OCT r(2011 WATERLOO HOMECOMING ASSOCIATION 843 E DONALD ST WATERLOO, IA 50703-9599 Dear Applicant: DEPARTMENT OF THE TR A UR Employer Ide .tificatio . Number: X26-3207665 DLp 17053277332031 Contact Person: GARY MUTHERT ID# 31518 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: June 30 Public Charity Status: 509(a)(2) Form 990 Required: Yes Effective Date of Exemption: July 12, 2010 Contribution Deductibility: Yes Addendum Applies: No We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed i ► the heading of this letter. Please see enclosed Publication 4221 -PC, Compliance Guide for 501(c)(3) Charities, for some helpful information about your responsibilities as an exempt organization. Enclosure: Publication 4221 -PC Sincerely, Lois G. Lerner Director, Exempt Organizations Letter 947 (DO/CG) Page 67 of 268 Form W-9 (Rev, November 2017) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification 10- Go to www.irs.goviForrnW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Waterloo Homecoming 2009 2 Business name/disregarded entity name, if different from above Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the co following seven boxes. 0. LI individual/sole proprietor or ai • single -member LLC CI 0 D c 0u 0 0) 0 cis Corporation El S Corporation ❑ Partnership ❑ Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) 5 Address (number, street, and apt. or suite no.) See instructions. PO Box 631 6 City, state, and ZIP code Waterloo, IA 50704 7 List account number(s) here (optional) Part 1 Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account Is in more than one name, see the instructions for litre 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside he 113.) Requester's name and address (optional) Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2, 1 am not subject to backup withholding because: (a) arra exempt from backup withholding, or (b) 1 have not been notified by the internal Revenue Service (IRS) that lam subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I air no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions, You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Social security number or Employer identification number 2 6 Sign Here Signature of U.S. person I. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Foul An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-1NT (interest earned or paid) Cat. No. 10231X Date • Fora 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099 -MI (various types of income, prizes, awards, or gross proceeds) • Form 1099- (stook or mutual fund sales and certain other transactions by brokers) 0 Form 1099- (proceeds from real estate transactions) • Form 1099-t (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) 0 Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN_ If you do not return Form W-9 to the requester with a TIN, you might be subject to backup ithhol i gr. See What is backup withholding, later. Fcrinages 81 -Mb oomovipo Waterloo City Council Discretionary Hotel Motel Grant A LI plication The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas.. To apply, please complete the following application and sem, the original plus four complete co ies to: City of Waterloo Finance Dept, City Hall, 715 H ulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Leisure Services Name of facility/project 2019 Golf Markefin CarRoartn Contact person JB Bolger Email James.Bolger@vvaterlioo-ia.orq Address of organization or person completing application: Street 1101 Campbell Avenue City Waterloo State IA Zip 50701 Phone 291-4370 Fax: 291-4297 2. Please describe your project in detail a) Explain the project as though you were telling a com ete stranger. b) Please be specific how the grant monies wilt be used in the overall project. Awarded funds will be utilized to cover costs for a wide variety of advertisements. Currently Waterloo Leisure Services utilizes cable TV commercials, over -the -air TV commercials (KWWL), radio spots, and a variety of print publications including those which are regionally distributed such as the Waterloo/Cedar Falls Visitors Guide, the Waterloo Courier's Golf Guide, and Midwest Golfing Magazine advertisements. Page 69 of 268 3. What is the mission ion of your organization? The City of Waterloo Leisure Services Commission sion i dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events, facilities, and services that encourage lifelong learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf courses, recreational trails, and a healthy urban forest resource. 4. How long has your organization been in existence? The City of Waterloo has provided public golf for over 100 years. Iry Warren Golf Course (originally Byrnes Park) was opened in 1908. The next course to open was Gates Park Golf Course in 1928, and finally South Hills Golf Course in 1974. } 5. How many staff members and/or volunteers are involved in this organization and the project? The City of Waterloo employs nine full time golf maintenance employees, several administrative staff that assist with golf operations, and numerous seasonal staff that assist with maintenance and course operations. Starters at all courses are volunteers. Additionally the City contracts with two full time PGA Professionals and they hire additional full and part time seasonal staff. 6. Please indicate all the tate . ones that our . ro"eets su Category 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life orts: 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed categories. } Waterloo's three municipal golf courses regularly serve out of town guests. They attract visitors from out of town for a variety of reasons including the value, quality, and variety of golfing experiences provided. Many community organizations chose one of Waterloo's municipal golf courses to host fundraising tournaments, outings, or banquets. Examples would include: • East High School Athletics Fundraiser Outing -Gates Park Golf Course • Boy Scouts -Timeless Values Tournament-Iry Warren Golf Course • United Way Outing -South Hills Golf Course Page 70 of 268 Supporting quality of Life for the citizens of Waterloo is by far the biggest contribution Waterloo Golf provides the community. We pride ourselves on being able to offer safe, healthy, and affordable opportunities for exercise and leisure enjoyment for all who are interested. This includes one of the strongest junior programs in the state of Iowa featuring a $10 Junior Morning Pass that allows youth to play for the entire summer for one low rate! 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. N/A 9. Give an estimate of how you plan to measure the success of the project. The best way to measure success of this project is to monitor the number of rounds played at the Waterloo courses. Additional factors such as weather also have a major impact on the number of rounds played. 10. Describe specifically how the proposed project will be marketed. eted. Awarded funds will be utilized for the sole purpose of marketing the City of Waterloo Golf Courses. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. The overall investment to implement the 2019 Golf Marketing Campaign is $18,000. Our request for hotel/motel funds is $15,000 with the remainder of funds coming from the City of Waterloo Golf general operating budget. 12. Please include in your submitted materials: • Tax exempt status • W-0 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit yor final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. c 'c cx*** **** * x xx c c c lc "c x x x `c 'c:'c : * ****xx ` **x Page 71 of 268 BUDGE— SUMMARY: Total roject Cost Additional Funding Sources In -Kind Services Hotel/Motel Tax Grant Request )[8,000.00 3,000.0Q 15,000.00 Please note: Additional Funding Sources, In -Kind Services and °telt °tell Tax Grant Request must equal Total Project Cost. have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this app ication plus any attaehment(s) is accurate and complete to t e best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully urn erstand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsi Ile for refunding any portion of funds already received. I ate Page 72 of 268 101,1111014, ami��uulmuu��U�Aw ��umxuyu�wP Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Center for the Arts Name of facility/project Part -Time Graphic Designer Contact person Kent Shankle Email kent.shankle@waterloo-ia.org Address of organization or person completing application: Street 225 Commercial St City Waterloo State IA Zip 50701 Phone 319 291 4490 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. The Cultural & Arts Department experienced a budget cut of nearly 10% for FY 19 including the elimination of a Designer/Digital Arts Manager position that previously was full-time. Funding for this position was not reinstated with the recently approved budget for FY20. With the reduction of our staff and resources and a continued demand and increase in the amount of programs and events being offered by the Waterloo Center for the Arts, Phelps Youth Pavilion, and RiverLoop facilities, a part-time graphic designer is critical to operations and marketing. Page 73 of 268 The graphic designer works under the direction of the Waterloo Center for the Arts Director and with the Development and Marketing Manager and art center staff to design and manage all printed and electronic promotional/informational materials to brand and promote the art center's many programs, classes, exhibitions, events, concerts, movie series, and facility rentals. Last year, the Center for the Arts served over 191,000 visitors. It is crucial that we are able to continue to provide information to citizens about the arts and cultural services provided for them and to continue to attract visitors from outside of the city who come and support the local economy. Funding for the Graphic Design position is critical for doing so. The position requires a professional in the design field with experience and a degree in graphic design/marketing or related fields. The responsibilities of the Graphic Designer include, but are not limited to the following: - Develop, design, and manage both printed and electronic materials for the promotion/marketing of events, exhibitions, programs, and classes for the WCA - Design interpretive materials for use in exhibitions and educational programs - Design and manage the Waterloo Center for the Arts website hosting - Manage and maintain digital files to be utilized in a print and electronic environment - Collaborate with Marketing Manager to develop and design all marketing materials both print and digital - Design building and exhibition signage - Cooperate with other partnering organizations and the City on collaborative projects b) Please be specific how the grant monies will be used in the overall project. We are seeking funding in the amount of $24,128 for a part-time Graphic Designer to work up to 29 hours per week at a rate of $16 per hour for this coming fiscal year. 3. What is the mission of your organization? The Waterloo Center for the Arts stimulates inquiry, provokes dialogue and connects people through the arts. The Center works in partnership with the community to build a stronger appreciation for the arts and to provide cultural experiences for people of all ages. Operating under the auspices of the Waterloo Cultural and Arts Commission, the Center and its programs reflect the City of Waterloo's commitment to and support of arts and culture and play an integral role in supporting the City's Strategic Plan to create a "live, learn, work, and play" environment with amenities that attract and retain population in Waterloo. 4. How long has your organization been in existence? Art exhibits began in the Recreation and Arts facility and the first Arts Coordinator was hired to direct the Art Department in 1947. A permanent Collection was started in 1961 and in 1966 the new Recreation and Arts Center opened and Friends of the Art Center was started. The name Waterloo Museum of Art was adopted in 1990 to incorporate the art department — exhibits, programs, classes/workshops, collection, gift shop, galleries, and Junior Art Gallery. In 1998 the Cultural and Arts Commission formed and the Sports Department joined the Leisure Services Commission. The building was rededicated as Waterloo Center for the Arts in 1999. Page 74 of 268 The Phelps Youth Pavilion children's museum opened in 2007, with the recent addition of the Phelps PlayScape in April 2018. The Waterloo Center for the Arts has been actively developing programming and associated marketing for the RiverLoop Amphitheatre and Expo Plaza and Mark's Park, since opening in June 2012. 5. How many staff members and/or volunteers are involved in this organization and the project? The Waterloo Center for the Arts currently has 12 full-time and 22 part-time employees. The Graphic Designer works under the Director and alongside other staff including the Development & Marketing Manager, Education Coordinator, Events Coordinator, Curator, and Registrar. This position works with volunteers in the capacity of interns, events and community partnerships. 6. Please indicate all the categories that your projects supports: x Category 1 — Supports tourism and heads on beds x Category 2 — Supports and assists community events x Category 3 — Brings people downtown x Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. The Graphic Design position is essential to the marketing and promotion of the Waterloo Center for the Arts, Phelps Youth Pavilion, and RiverLoop Amphitheatre and Expo Plaza. This position assists with creating materials to promote the Art Center's offerings to out -of -county visitors, which directly supports tourism and heads on beds. The Graphic Designer works with WCA staff, City of Waterloo, and downtown organizations and businesses to design and produce quality marketing materials and signage that promotes the Art Center's offerings and positively impacts the City. This position supports and assists with community events (such as Stem & Stein: Food, Beer and Wine Fest, Holiday Arts Festival, CultureFest, World's Greatest Spring Break for Kids, and RiverLoop Rhythms), brings people to downtown, and supports Waterloo's quality of life. 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. In order to maintain services to citizens resulting from the lack of a full-time graphic designer, we are seeking to partially fill the funding gap with alternative funding for a reduced part-time position from Hotel Motel Discretionary funds. Hotel Motel Page 75 of 268 Discretionary funds were awarded for FY 19 and we seek continued funding for FY20. This position is engaged in activities that directly support the expressed goals for this funding. It is expected that funds may continue to be requested in future years until it can be reincorporated back into the operating budget. 9. Give an estimate of how you plan to measure the success of the project. Success will be measured by participation/attendance statistics and the number of out -of - county visitors. 10. Describe specifically how the proposed project will be marketed. The Waterloo Convention and Visitors Bureau provides support to help fund marketing of the Waterloo Center for the Arts. This includes marketing the RiverLoop facilities and events. Promotional materials are developed to market the facilities and programs in a variety of ways, to reach Black Hawk County audiences and beyond. Marketing avenues utilized are: print, digital, direct mail, billboards, radio, TV, e-mail, website, and social media. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Expenses: Part -Time Graphic Designer (29 hours/week at $16/hour) $24,128* Total $24,128 *funding requested from Hotel -Motel Discretionary Funds Revenues: 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. ************************************************************************************* Page 76 of 268 BUDGET SUMMARY: Total Project Cost $ 24,128 Additional Funding Sources $ In -Kind Services $ Hotel/Motel Tax Grant Request $ 24,128 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. 6,-/--Skict,& 6/14/18 Signature of Applicant Date Page 77 of 268 Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entitles for projects and community =° events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible throughHotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel - Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will e returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization: Jesse Cosby Neighborhood Center Name of facility/project: Youth Empowemient Services (Y.KS). Contact person: Jesse C. Henderson Email: jhendersonjessecosbyorg } . Address of organization or person completing application: Street: 1112 Mobile Street City: Waterloo State: Iowa Zip: 50703 Phone: (319) 234-1793 Fax: (319) 234-1799 2. Please describe your project in detail a) Explain the project as though you were telling complete stranger. b) Please be specific how the grant monies will be used in the overall project. Four years ago Rev. Shara Baker, mother, grandmother, former social worker for Waterloo schools, and the founder and director of Truth in the Word Ministry piloted Youth } Empowerment Services (YES!) which is a program to meet the growing need of fulfilling summer employment opportunities for youth, ages 12- 15, in Waterloo. She realized that middle '. schoolers had a desire to spend their summers working and giving back to the community but were often prevented from doing so because of age or transportation restrictions. Consequently, Page 78 of 268 she created this program, in partnership with the Jesse Cosby Neighborhood Center to give young adults in Waterloo a chance to earn money, begin building resume credentials, and prepare therm for the professional world. In its first year, youth worked primarily with the Jesse Cosby Neighborhood Center, caring for its community garden and assisting with the Meals On Wheels Program. In return, the youth were given a $600 for the 8 week program. The youth were integral in reviving the garden and seniors expressed overwhelming gratitude at seeing the involvement of young people at the center and the meal program. After the success of the last four years, Shara and Jesse Henderson the director at the Jesse Cosby Center have spent the last year collaborating to expand and strengthen the program. They are committed to at least doubling the number of youth they can fund and expanding the organizations they can work with. Over the last two years we have maximized the number of youth we can train because of the number of agencies and organizations that has pledged to work with the YES program, Over the past two years we have interviewed seventy-five (2017) and ninety-two (2018) applicants for thirteen available sites. We have placed forty youth in positions at these sites each year. The agencies and organizations we have collaborated efforts with and have placed youth at their sites have been: The Boy's and Girl's Club sites); the Girl Scouts; Greens to Go (TNI); Saint Vincent De Paul; Salvation Army, the Northeast Iowa Food Bank, Armani Community Service; Hope Tree Counseling Services and the Center of Attention. The Jesse Cosby Center has also used youth for its Meals -on -Wheels program, its community gardening program, for program administration work and for community clean-up at local area churches. The YES program in the last two years has developed a year -a -round program partnership with UNI -CUE, for its Talent Search and other education program for youth. 3. What is the mission of your organization? JCNC Mission Statement "To enhance the quality of life for our neighborhood families through services, stewardship of resources and shared responsibility" Vision Statement "Our vision is to bring people of all ages and cultures together. A people unified and empowered by sharing the dream that they have the ability to create and shape their own future" Y.E.S. 1 Mission Statement "The mission of this program is to help every young person hi the Cedar Valley participating in our program, gain tools necessary to maximize their success" Page 79 of 268 The Jesse Cosby Neighborhood Center was established in 1966, making it one of the oldest standing social service agenci The Jesse Cosby Neighborhood Center is approaching our fifth (6th) summer in which we have provided job training opportunities for young people age 13-15 through the Y.E.S. (Youth Empowerment Services). Our plans for this summer are underway. We are anticipating that the program will serve approximately 50-60 young people and we need your help. This prog am supports and encourages students in the Cedar Valley to believe that there are alternatives to making the wrong choices. Choices from which there is sometimes no recovery. The program stresses job skill training as well as support and encouragement to master ones' abilities and interest. Please refer to enclosed brochure for complete program description. During the summer, each student volunteers 15 hours per week and received a $75 weekly stipend for 8 weeks. Each student is matched with one of our non-profit site partners for their work experience. Bach site provides on the job training and mentoring, in addition to the training and supervision provided by adult volunteers with our center. Each week instruction is provided to help the participates become better prepared for life and employment, as well as how to begin saving for the future. The cost to sponsor a student for the summer is $600.0O. Please remember that $600.O0 sponsors one student and we would be delighted if you could sponsor more than one. Your checks should be made payable to Jesse Cosby Center Summer Youth Program. The Jesse Cosby Center is a non-profit organization and all donations are tax deductible. 8. If your project has or will continue for more than one year, please explain your plans for fmancial sustainability. The purpose of this project is to serve the community, focusing on understanding their needs and creating solutions that arise from within the community to meet those needs. Bach component of this program has strategic funding components that are not only sustainable within our community, but also scalable into other communities. This year, sponsors have already committed to funding a many of the youth, and work is being done to find more sites and sponsors. Having community sponsors motivates the students; they know their money came from a direct source, and such support demonstrates community support and investment in the student's' future. Using a combination of individual site sponsors, individual donors, and grants funders allows the program to use sources for the youth in a variety of places. Fundraisers and donations in combination with community grants are used heavily to raise money for year -a -round YES program. 9. Give an estimate of how you plan to measure the success of the project. Page 81 of 268 This is a program designed for the improvement of the youth involved. Therefore, their feedback and suggestions on the program will be sought out and recorded throughout the year. Additionally, it will be important to assess the impact of the youth volunteers' work at the organizations involved with this program. Following are some outcomes that can be measured from surveying and speaking to the youth and organizations about the program: • 90% of the youth will complete the program and 80% of those eligible to return the next year will express interest in doing so. (All 5 of t the youth who started the pilot program last year are interested in returning this year) • All of the organizations the youth work with will provide positive feedback about the program and will present a desire to continue working with YES the following year. • 75% of the donors will commit to 'spore rig a student or funding the program the next year. 10. Describe specifically how the proposed project will be marketed. Marketing and Advertisement are distributed to community organizations that reach low-income and minority populations. Advertisements through printed posters and handouts; social media and print media outlets is used to spread awareness. We work with several agencies organizations that provide resources and services and to low-income families and individuals and nonprofit agencies in our area. By working with long-term, established, community organizations, we use our time and resources more efficiently. We have worked with the Waterloo/Cedar Falls Courier, KBBG and KBOL Radio Stations, the Waterloo and Cedar Falls Schools; and have also Work with KWWL Television Station. Each organization is fully aware of our services and operations. and have pamphlets and flyers to give out. This has be a crucial marketing technique and we are always looking to work and education more organizations. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. The following chart provides a list of the funding sources expected for this project, including how the hotel/motel tax grant is accounted for in the total project budget: Page 82 of 268 Funds requested from Hotel/Motel Grant: $10,000 • 50 youth employment stipends $ 00 x 50) $30,000 • Marketing material and Facebook Ad campaigns $1,200 • Transportation gas : 4 x $50 x = $1600 • Program Incentives (educational field trip) 50 x$100 =$5,000 In Khid donations: Volunteer(s) hours: 12 volunteers x 15 hours per weeks x 8 weeks @ $10 per hour = $14,400 Total: $52,200 Total In Kind: $14,400 Budget Summary Total Budget Cost: $51,800 In -Kind: $14,400 Hotel/Motel Grant Requested $10,000 Detailed description iptio of the budget costs and how they are being met. Cost item Cost Needed Cost Met 38 Youth Stipends $600) $ 22,800 Grants & Private Donations ,t 12 Youth Stipends $ 7,200 Hotel/Motel Tax Grant Advertising and Marketing $ 1,200 Hotel/Motel Tax Grant t it Transportation Cost $ 1,600 Hotel/Motel Tax Grant LI t Field trip $ 5,000 Grants & Private Donations In -Kind $14,400 Volunteer Staff5. 1 Totals $52,200 Total Requested: $10,000 Hotel/Motel Tax Grant Page 83 of 268 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. BUDGET SUMMARY: Y: $52,200.00 Total Project Cost $27,809.00 Additional Funding Sources $14,400.00 (In -Kind Services) $10,000.00 Hotel/Motel Tax Grant Request Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained ire this application plus any attachments) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully understand that if this program project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. The Jesse Cosby Center Applicant dtliSignature of 3/90/i7 Page 84 of 268 Page 85 of 268 _ 4Y r. Ar' • int low tali! 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SWIM Ii 04111REffileMCI Mt 103i Hi ' at 11 tom mow mi 50611040k2 10011 `'"i flim �mm f iil OSI# F FSA On000i 114 On 51Q10141 rangoldig 947,141/47u6031 YLV '0" 1411iii (V �i *LW i g Immo #3i 00515 �3 �3� ; EzetrAl PIN 00001 #03501 f0f, Mc6x 51� � 11114 1 1# PON it l 11111 innefiredrirri1165liv � � 0,2002 SIM12411121 40 iffille.LVIS • Page 90 of 268 Form -9 (Rev. October 2007) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. 0) 0. 0 Fig w 0. 0 0 Name (as shown on your income tax return) Jesse Cosby Neighborhood Center Business name, if different from above Jesse Cosby Neighborhood Center Check appropriate box: El individual/Sole proprietor [1 Corporation ❑ Partnership Li nited liability, company. Enter the tax classification (D =disregarded entity, corporation, P=partnership) Other (see instructions) Non Profit Organization ❑ Exempt payee Address (number, street, and apt. or suite no.) 1112 Mobile Street City, state, amid ZIP code Waterloo, Iowa 50703 List account nunnber() here (optional) Requester's name and address (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number ( N). However, for a resident proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is; your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Social security number • k 1 I Y�_ X11 . r or , Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter.42 Employer identification number I 1152638 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. i am a U.S. citizen or other U.S, person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report ail interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Here Signature of U.S. person General 1nstruc ns Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Forrn W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Date 3/ao1� Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: ▪ An individual who is a U,S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Forrn W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No, 10231X Form W-9 (Rev. 10-2007) Page 91 of 268 Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo Iowa 50703. Incomplete applications be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Police Department Name of facility/project Uniformed Police Presence at Community Events Contact person Chief Dan Trelka email trelkad@waterloopolice.com Address of organization or person completing application: Street City 715 Mulberry Street aterloo Phone 319-291-4339 State Iowa Zip 50702 Fax: 319-291-4332 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. These funds allow officers to provide a proactive police presence at community events from July 1, 2018 until June 30, 2019. These events provide a substantial occupancy boost to the Hotels and Motels in the Waterloo area. A law enforcement presence is required at these events to provide a safe family friendly atmosphere in which to showcase our community. b) Please be specific how the grant monies will be used in the overall project. These grant funds are utilized so officers can work at several area events, including My Waterloo Days, 4th Street Cruise, Irish Fest, National Cattle Congress, Di itary/Campaign visits, BBQ Loo and other events throu out the year. Page 92 of 268 3. What is the mission of your organization? To vigilantly protect, serve, and work together with our community to prevent crime and enhance the quality of life in our neighborhoods. 4. How long has your organization been in existence? Since the early 1800's. 5. How many staff members and/or volunteers are involved in this organization and the project; We have 123 sworn officers, 9 civilians and 19 volunteers. All employees of the police department are involved in promoting and working the events throughout the year. 6. Please indicate all the categories that your projects ...supports: Category 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 — Brings people downtown } } Category — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. Uniformed Waterloo Police Officers provide security at a variety of community events. J} We provide a visible police presence and proactively address issues of public safety to {L allow our citizens and guest to enjoy the quality of life amenities the city provides. Minimize any criminal activity that would reflect a negative image on the event and the }: City of Waterloo. } 8. If your project has or will continue for more than one year, please explain your plans for fmaniar sustainability. } The overtime budget is funded via the 8.10 levy. These funds are used to in addition toif the Hotel/Motel Funds to provide a proactive police presence at the events as needed. a The safety of our citizens and visitors is paramount in our mission at these events. . Give an estimate of how you plan to measure a the success of the project. }: We have had a proactive police presence at community events for the past several years. As a result of this there has been no mj- incidents surrounding the events and we have developed strategies to address recurring problems with the event. These measures have provided positive response in the perception of the Cityof Waterloo and our events. p p p Attendance at community events has been increasing and visitors to our community enjoy themselves in a safe environment. Waterloo is becoming a destination city for these events and as such we must provide the necessary security to ensure safety. 10. Describe specifically how the proposed project will be marketed. These events are marketed by various community organizations within the city and serve to market and provide a positive image for the City of Waterloo. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Event : Cost Irish Fest $1,000 DignitaryProtection/Political Events $5,000 National Cattle Congress $15,000 BBQloo $1,500 4TH Street Cruise $4,000 My Waterloo Days $3,500 Total Funds Requested$30,000.00 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. Page 94 of 268 ***** ***** ****** ** ***** 1c c k ****** ** * *****fir* **** ****** BUDGET SUMMARY: Total Project Cost $ 30,000.00 Additional Funding Sources $ as needed In -Kind Services Hotel/Motel Tax Grant Request $ 30,000.0Q Please note: Additional Funding Sources, Int -Kind Services and Hotel/Motel Tax Grant Request must t equal Total Project Cost. have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachments is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. Date Page 95 of 268 Gc Waterloo City Council Discretionary Hotel Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel fax nds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hail, 715 Mulberry St., Waterloo, Iowa 50703. Incomplete applications will be returned. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Memorial Hall Commission Name of facility/project Waterloo Memorial Day Parade and Program Contact person Marcia Courbat Email Address of organization or person co p eting application: Street 715 Mulberry Street City Waterloo State IA Zip 50703 Phone (319) 291-4323 Fax: 2. Please describe your project in detail a) Explain the project as thiugh you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project The Memorial Hall Commission plans the annual Memorial Day progra that is generally held at Memorial Hall, honoring area veterans for their service annually. Page 96 of 268 3. What is the mission of your; organization? The Memorial Hall Commission's mission is to unite and promote fellowship among Veterans, Civic and Patriotic organizations advancing the interests and betterment of the property and contents located at 655 Memorial Court and is devoted to improve, restore, preserve, enhance and maintain the building and park, monuments, documents, portraits and relics: in order to perpetuate the memory and achievements ofUnited States military personnel Who distinguished themselves by their services and sacrifices while with our Country's National Defense; to encourage historical research and extend educational services in relation to Wars and defending American freedom; to celebrate the anniversaries ofprominent events of our Country's Wars and conflicts; to foster in loyal appreciation true American patriotism; and at all times to uphold and maintain the Constitution and the laws of the United States of America, 4. How long has your organization been in existence? The Commission was authorized by the 1993 Waterloo City Code of Ordinances. 5. How many staff members and/or volunteers are involved in this organization and the project? The Commission has no paid staff. The Memorial Hall board is made up of volunteers. Volunteers manage the Memorial Day activities. 6. Please indicate all the categories that your project supports: Category 1 — Supports tourism and heads on beds Category 2 -- Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. The Memorial Hall Commission holds a program honoring veterans each Memorial Day. Funds are needed to provide printed programs, including the names of fallen veterans. The Commission also provides flags to decorate area cemeteries for Memorial Day. Funds are needed for replacement flags. Page 97 of 268 . If your project has or will continue for more than one year, please explain your plans for financial sustainability. We would like to provide an allocation of $2,500 to provide programs and flags for the next five years. } } . Give an estimate of how you plan to measure the success of theJ o'ect. 10. Describe specifically how the proposed project will be marketed. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. 4 BUDGET SUMMARY: Total Project Cost $2,500 ($500 per year),. Additional Funding Sources 0 In -Kind Services $ ii, IIotellMotel Tax Grant Request 2,500 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. Page 98 of 268 t 1 have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained 'in this application plus any attachment(s) is accurate and com lete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. sK1 Signature of Applicant Date Page 99 of 268 Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that s pport tourism, quality of life and which bring people to Waterloo's downtown area. Grant fu ds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated fro the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall 715 Mulierry St., Waterloo Iowa 50703. Incomplete applications will be returned 1. General Information (It is highly recommended that applications e typewritten. Use a separate sheet of paper, if necessary): Na e of organization orth End Cultural Center, Inc. Name of facility/project North En0 Ariz and Musip Fest Contact person R. Alien Hays Email allen.ha s Address of organization or person completing application: Street City Phone PO Box 2761 terloo 319-266-8406 State IA Fx: uni.edu Zip 50704 2. Please describe your iroject in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. The purpose of the North End Music and Arts Festival is to revive artistic interest and activity in the northeast eighborhoods of Waterloo, Iowa, an area that has bee traditionally disadvantaged but which, nonetheless., has a rich history in the visual arts and in music. This has traditionally been an area in which new immigrants to the community could settle and create their own unique communities. Tis was certainly true of African Page 100 of 268 Americans, who began moving to Waterloo in significant numbers during and after World War L Racial segregation concentrated therm in a small area of the northeast side, but within that area they created a rich cultural and community life. For example, the African American chapter of the Elks Club hosted concerts by many famous jazz musicians, including Duke Ellington and Louis Armstrong. More recently, Latino immigrants have placed their unique stamp upon the community. This community currently suffers from ongoing economic deprivation and periodic violence. The legacy of racism for many people of color is a lack of confidence in their own capacities and the capacities of their community. The purpose of the North End Music and Arts Fest is to create a sense of pride, excitement and confidence in this community by highlighting its cultural roots and showcasing its current artistic achievement. As this celebration becomes established as a yearly event, it will not only contribute to this new confidence in the community but also bring favorable attention to the community's accomplishments ithfn the metropolitan area and within the state. The Festival was held for the first time on September 26, 2009, on the grounds of Jubilee United Methodist Church at 4th and Newell Streets. Since then, the Fest has continued to grow and to attract quality artists. In 2010, our headliner was Kevin Burt and in 2011, Tony Brown once again served as headliner. In 2012, our headliner was Effie Burt. An important addition since 2010 has been the Artist's Wall, where local artists create murals expressing personal and community concerns and visions. In 2014, we moved our 6th annual Fest to the grounds of the African American Cultural and Historical Museum at t and Adams Streets. Their newly constructed performance area provided an excellent venue, which we used for 4 years. Last year, for our 10th anniversary, we moved the Fest to Sullivan Park to enhance its visibility. Our experience has been that if you continue to offer a quality slate of performers and to publicize it widely, people will hear about it and the audience will grow from year to year. We have demonstrated that we can attract quality performers to the North End Arts Fest, and we have substantially increased our audience from the 2009 through 2018, with total attendance in the range of 1,000 to 1,200. For the past two years, we have coordinated with the KBBG parade and the annual drum corps competition, and this has increased our attendance substantially. 3. What is the mission ofyour organization? The mission of the North End Cultural Center, Inc. is to restore pride in the diverse cultures on Waterloo's North End, by showcasing the artistic gifts and talents of its residents. 4. How long has your organization been in existence? 12 years Page 101 of 268 5. How many staff members and/or volunteers are involved in this organization and the project? The organizing committee has approximately 8 members. We anticipate that about 15-20 more volunteers will assist with the actual event. We pay a modest stipend to our performance coordinator, but there are no other paid staff members. 6. Please indicate all the categories that , Four projects supports: x X Category 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. We plan to hold the Eleventh Annual North End Arts and Music Fest on August 17, 2019, at the Sullivan Park shelter, from 12 Noon until 6:00 PM. The Fest has become a regular and important cultural feature of the community. Thus, it fits into Category 2. This year, we will continue our policy of selecting several locally prominent performers, each of whom has his or her own following, rather than have a single headliner. There will also be multiple opportunities for music, poetry, and dance from North End youth and amateur adults. In addition to musical and spoken word performances on stage, local painters and other visual artists are provided the opportunity to display and sell their wares. By providing positive activities and a positive image for the North End, it definitely supports Category 4, improving the quality of life. The physical location of the event is close to downtown Waterloo. This makes it likely that attendees will pass through the downtown area and patronize restaurants. Thus, the activity supports Category 3. Over the past 4 years, we have increased our emphasis on youth activities. We have a number of performers under 18, including middle school kids who have completed the summer Hip Hop Literacy Program which is also operated by the North End Cultural Center, Inc, The program uses hip hop writing and performance to teach literacy skills and each year the kids perform their creations at the Fest. We also have performances by local drum corps and we feature a range of visual arts activities for youth, in partnership with the Youth Art Team and the Waterloo Writing Project. Page 102 of 268 We have also encouraged more commimity communityorganizations to provide booths and displays. In this way, they are able to present their services and products to the community. 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. We have been successful in attracting support from area businesses and local foundations. We will continue to seek support from those donors. We will also solicit donations from individuals and recognize them for different levels of financial support. Our website is already set up to solicit such donations. In 2018, we received support from the Community Foundation. We believe that it is important for this to be a free event, so that it will be open to as many in the community as possible. Therefore, ongoing public support will be necessary to make the festival a success. 9. Give an estimate of how you plan to measure the success of the project. As we have done in previous, we will conduct an extensive de -briefing and evaluation of the event by committee members. We will seek feedback from both artists and audience members. Since we want to preserve it as a free event, we cannot use ticket sales to track attendance, but we will establish a counting procedure to give us a clear idea of how successful we are in increasing attendance in 2019. We also measure our performance by the increasing diversity and breadth of community participation. We continue to reach out to new individual and group performers who are contributing their artistic visions to our community. Finally, it should be noted that we have received very favorable media coverage for previous events, and we will continue to strive for extensive and favorable publicity. 10. Describe specifically how the proposed project will be marketed. Print media Waterloo Cedar Falls Courier Des Moines Register Pulse Magazine Web media Travel Iowa.com eastemiowatourismorg wterloocrb.org uni.edu North End Arts and Music Fest website Page 103 of 268 Electronic media Radio - KBBG, KOEL, KUNI Television - PSAs and advance news coverage on KWWL, KOALA, and KCRG, Presentations on Waterloo and Cedar Falls local access channels plus PSAs on other channels. Other media Posters (local and statewide) Participation in local events My Waterloo Days Sturgis Palls Juneteenth Celebration Word of mouth - presentations at churches, other civic organizations, community and neighborhood meetings, In addition to the above, we plan targeted outreach to organizations in other communities who are interested in cultural affairs and diversity. Recruiting one or two performers from other communities (while preserving the essentially local character of the performances) could help build an out of town audience for the event. Page 104 of 268 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. 12. Please include in your submitted materials: • Tax exempt status • W-9 form Page 105 of 268 Amounts Requested Item Discretionary J grant Foundation Support Other Donations Total - Artists $2,500 1 $1,500 $2,000 6,000 Sound equipment and technicians $2,100 $2,100 Stage and generator $2,500 $2,500 Security I $500 $500 Artists' Wall expenses $500 $500 i Tent rental $600 $600 Publicity Brochures and posters {design and printing) $500 $500 Newspaper/ radio ads $500 $500 Billboards $1,000 $1,000 Tourist publications $500 $500 Totals $5,000 $4,700 $5,000 $14,700 12. Please include in your submitted materials: • Tax exempt status • W-9 form Page 105 of 268 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. BUDGET SUMS : Total Project Cost $ 14,700 Additional Funding Sources 9,700 In -Kind Services Hotel/Motel Tax Grant Request $ 5,000 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully understand that if this rogram roject does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. 3 /SI!} Signature o Applicant E Date Page 106 of 268 WForm (Rev. October 2018) Dep rtment of the Treasury Internal Revenue Service alH 0 0 o. fn O. 0 .49 0 0 0U) Request for Taxpayer Identification Number aflsH Ce ification 110. Go to wwwirs.govirormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is. r Hquired on this line; do not leave this line blank. 111 Give Form to the requester. Do not sen to the IRS. 2 Business name/disregarded entity name, if different fro above Check appropriate box for federal tax classification of the • erson whose name is entered on line 1. Check only one of the following seven boxes. individual/sole proprietor or single -member LLC 11 Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Note: Check the appropriate box in the line above for the tax classification of the single- e ber owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from th owner for U.S. f.deral tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. fl Other (se instructions) Ir. C Corporation El S Corporation LI Partnership El Trust/estate 4 Exe ptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption fro FATCA reporting co (if any) (Applies to accounts tnaintained outside the 1).8.) 5 Address (nu ber, sfrqt, and apt. or suite no. See instructions. 6 City, state, and ZIP code Requester's nae and address (optional) 7 List account nu Part I lber(s) here (optional) Taxpayer Identification Number cm) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number or Employer identific tion MI be r C Part 11 Certification Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I a a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate tra sactions, item 2 does not apply. For mortgage interest paid, acquisition or abandon ent of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. p rson 10. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www,irs,goviFormiA/9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer identification number (AT1N), or employer identification number (EN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) Cat. No. 10231X * Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098- (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Form W-9 (Rev. 10-2018) Page 107 of 268 INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 DEPARTMENT OF THE TR AS RY Employer Iaentification Number: Date: Z 46-1067101 DLN NORTH END CULTURAL CENTER INC 17053284325012 0/0 DAVID H MASON Contact Person: PO SoX 627 MITCHELL P STEELE IDif 31360 CEDAR FALLS, IA 50613 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170(b) (1) (A) (vi ) Form 990 Required: es Effective Date of Exemption: October 8, 2010 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant e are pleased to inform you that upon review of your application for tax exempt status we have determined tae you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code, Coptributions to you are deductible under section 170 of the Code, You are also qualified to receive tax deductible bequests, devi es, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c) ( ) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221 -PC, Compliance Guide for S01(c) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DCG) Page 108 of 268 -2 - NORTH END CULTURAL CENTER INC We have sent a copy of this letter to your representative as indicated in your power of atLarney. Enclosure: Publication 4221 -PC t �i Holly O. Paz Director, Exempt Organizations Rulings and Agreements Letter 947 (DO/CG) Page 109 of 268 City Council Discretionary Hotel -Motel Grant Application Waterloo Iowa 1General Information Name of Organization: aterloo Leisure Services Name of Project: Cedar Valley5.29 tsPlex Ma • Contact Person: Mark Galla her E -Mail: mar Plan a" la Address of organization or person completing application: Street: 300 Jefferson Street City: Waterloo Phone: 319 291-0165 (1. State: Iowa Zip: 50701 2. What is the mission of your organization: The City of Waterloo's Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events, facilities and services that encourage lifelong learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks preserves, golf course and a healthy urban forest resource. How long has your organization been in existence? 1904 4. How many staff members are involved in this organization and the project. The Waterloo Leisure Services Department benefits our community on numerous fronts. The Department is responsible for offering a wide range of recreational programming to members from all ages and ethnicities throughout Waterloo and the greater Cedar Valley. Also, the Department is responsible for the maintenance and operations of three quality 18 -hole golf courses, the 3,000 seat Young Arena, an extensive community park system and a Northwoods League Baseball Stadium. Through all of the above- mentioned sources, the Department is responsible for providing recreational activities and spaces to a large percentage of our population. The opening of the Cedar Valley SportsPlex has allowed our department to be able to greatly expand programming we offer for our citizenry, as well as host events and tournaments that have brought a substantial amount of visitors from outside the Cedar Valley. 5. Please indicate a he les our roect su o s: X Supports tourism and heads on beds X Supports and assists community events X Brings people downtown Page 110 of 268 6. ease v e s w �. y 0 0 as be 1 v l,�lleyl c seg ,ve e c yy chi (@,.ie e s andis.. events y ec ve l.lc ~°'Fse s c e t ».. vis: 0 s to s a 1r,,ly e 1 The Cedar Valley SportsPlex supports co re unity events primarily by offering a new, state of the art venue for hosting. V The Cedar Valley SportsPlex is located in the heart of downtown Waterloo. A facility of this nature helps draw critical mass to the area that is striving to help downtown businesses thrive. Whether they are SportsPlex members from within the Cedar Valley or tournament participants from around the region,individuals have been drawn to the downtown area to utilize the SportsPlex. i)ot s ate' oij o� The Cedar Valley SportsPlex greatly enhances the quality of life in Waterloo. W are very fortunate to have facilities that are second to none when it comes to outdoor activities. However, as we all know, Iowa winters can become quite long. A facility like the SportsPlex affords residents of all ages the opportunity to recreate straight through those long winter months. 7. If your project has or ill con inue for o e than one year, please explain your plans for financial sustainability . The Cedar Valley SportsPlex will be a fixture of the downtown landscape for years to come. The project will be sustained by a combination of user fees, rental fees and activity registrations. 8. Give an estimate of how you plan to measure the success of the project. We plan to measure the success both by tracking user numbers while also tracking the financials of the operation. Benchmarks have been set that indicate where both of these items need to reach and we will continually strive to achieve these goals. 9. Describe specifically how the proposed project will be marketed. The purpose of this application is to maintain an extensive television marketing plan by focusing heavily on big sporting events that have large viewership in the Fall and Winter, which coincides with our peak time to recruit and retain members. 10. Please provide a detailed description of the budget. Please include in o a ion about Page 111 of 268 additional funding sources, income and how the hotel/motel tax grants into the overall budget. Revenues Hotel/Motel Tax Grant Request Expenses NFL Monday Night Football Package MLB Playoff/World Series Package Bowl Game Package 11. Please include in your submitted materials: Tax exempt status W-9 form BUDGET SUMMARY: Total Project Cost In -Kind Services Hote otel Tax Grant Request $2 500 2 $12,500 $ 8,500 $1,000 $ 3,000 I have reviewed this Application for Grant Funds from the City of Waterloo. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel/Motel Tax Grant funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, know full and well that if this program/project does not transpire recommendation by the Waterloo City Council for funding will be withdrawn. My organization will be responsible for refunding any portion of funds already received. Signature of App ican Date Page 112 of 268 City Council Discretionary Hotel -Motel Grant Application Waterloo, Iowa The City Waterloo Iowa is offering grants to non-profit entities for projects and community events that support tourism, our quality of life and which bring people to the downtown. These grant funds are made possible through the hotel/motel tax funds received by the City of Waterloo. By city ordinance 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. If you are interested in applying for funding please complete the application. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Municipal Band Name of facility/project Summer band concert season (eight concerts) Contact person Julie Anderson Email jannra56gmiI.com Address of organization or person completing application: Street 4308 Granite Ridge Rd City Cedar Falls State Iowa Zip 50613 Phone 319-239-3686 Fax: 2. What is the mission of your organization? To provide free "in the park" band concerts for the citizens of Waterloo and surrounding area. 3. How long has your organization been in existence? Page 113 of 268 Band was established in 1926 4. How many staff members and/or volunteers are involved in this organization and the project? Two librarians 5. Please indicate all the categories that your projects supports: Category 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 — Brings people downtown Category 4 — Supports Waterloo quality of life 6. Please provide a detailed statement of how your project fits into one or more of the above listed 4 categories? The band provides free concerts to enhance the quality of life for the citizens of Waterloo. 7. If your project has or will continue for more than one year, please explain your plans for financial sustainability? Because the concerts are free for all audience members, no money is generated. In Iowa, Municipal/community concert bands are funded by cities. Page 114 of 268 8. Give an estimate of how you plan to measure the success of the project: The size and growth of our audience measures our success. 9. Describe specifically how the proposed project will be marketed. Newspaper announcements, electric signboards, posters, public announcements 10. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. (See attached budget) There are no additional funding sources other than an occasional small donation; possibly less that $100. The hotel/motel tax grant is the only budget income source. 11. Please include in your submitted materials: • Tax exempt status 501 C 3 is attached • W-9 form This is currently on file. 12. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Detail if your intended goals for the project were met? • Detail how the funds were spent? ************************************************************************************* BUDGET SUMMARY: Total Project Cost $ 22,725.00 Additional Funding Sources $847.75 donation, never sure In -Kind Services $-0- Hotel/Motel Tax Grant Request $ 22,725.00 Page 115 of 268 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Grant Funds from the City of Waterloo. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel/Motel Tax Grant funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, know full and well that if this program/project does not transpire, recommendation by the Waterloo City Council funding will be withdrawn. My organization will be responsible for refunding any portion of funds already received. Julie Anderson April 9. 2019 Julie Anderson, president 04/09/2019 Signature of Applicant Date Page 116 of 268 CITY OF WATERLOO Council Communication Resolution approving Hoing-Rice Memorial Softball Complex Improvements Project and authorizing Waterloo S o ftb all Association and Build our Ballpark grant application sub mis s ion to Black Hawk County Gaming Association in the amount of $65,000. City Council Meeting: 6/17/2019 Prepared: 6/10/2019 REVIEWERS: Department Reviewer ,eisure Servi.c .iliu.tin , Paul C lerk Oce Even, eAnn ATTACHMENTS: Description ...,,A▪ �.: fioing Rice is.,1iC.. ▪ project overview SUBJECT: Action Date Approve 6/10/201 1 2, Ad„ i'M Approved 6/1 1 /20 9 :27 P M Type Cover .o Cove.” Resolution approving Hoing-Rice Memorial Softball Complex Improvements Project and authorizing Waterloo Softball Association and Build our Ballpark grant application submission to Black Hawk County Gaming Association in the amount of $65,000. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Recommend approval. Summary Statement: This application is for a $65,000 grant directed towards a $150,000 project to make improvements to Hoing-Rice Memorial Softball Complex. Build Our Ballpark and the Waterloo Softball Association cooperatively have planned improvements that include the construction of a 30'x60' P eac e Officer Pavilion and memorial as well as playing field, fencing & lighting upgrades that will benefit player and spectator safety. The Waterloo Softball Association (W S A) has a 40 -year history of providing an attractive s o ftb all/b as eb all environment for youth and adult leagues at the H o ing-Ric e complex, located at the comer of Burton Avenue and Josephine Street in Waterloo. The Association leases the 5 -diamond complex from the City of Waterloo Leisure Services Commission. W S A is responsible at its own exp ens e to care for and maintain lawns, shrubbery, and landscaping on the leased premises, including but not limited to all playing fields and diamonds and all areas lying outside of such fields between fencing and the curb. Tenant shall make no structural alterations or improvements without the Landlord's prior written approval of the plans and specifications therefor. Expenditure Required: No City funds are required. Source of Funds: $80,000 has been raised so far in donations, currently available at Waterloo Page 117 of 268 Policy Issue: Background Information: Community Foundation. No city funds are being requested. This plan for improvements to Hoing-Rice Memorial Complex would support the City of Waterloo Strategic Plan, Strategy 4.5 - "Maintain City facilities that support quality of place". A Letter of Interest was submitted earlier to Black Hawk County Gaming Association by Build Our Ball Park and the Waterloo Softball Association, for the improvements to Hoing-Rice Memorial Softball Complex. This letter of Interest resulted in an invitation to apply for a grant. A copy of that letter is attached, along with a copy of the submitted LO I . A City Council Resolution of approval is required for the full application. Page 118 of 268 be rt Hellman Hoing-Rice Memorial Complex Improvements prinq 2019 Build Our Ballpark, Inc. Build turBiUpark, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Mr Robert B Hellman Sr 3846 Trent Lane Waterloo, IA 50701 Mr Robert B Hellman Sr mdruane6@gmail.com 0: 319-215-6399 M: 319-888-3582 3846 Trent Lane 3846 Trent Lane, Waterloo, Iowa 50701 Waterloo, IA 50701 °Printed On: 1.. • une 20119 Spring 2 1 9 bafflingbobby@gmail.com 0: 319-888-3582 M: 319-888-3582 Page 119 of 268 be rt Hellman LOI Form Build u B«UUpark, Unc, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Letter of Intent (L.01) Information Pr Jett Titie Please keep as short as possible as the Project Title will be used as a reference throughout our process. Hoing-Rice Memorial Complex Improvements oun,;, °„ fiService ONLY requests from organizations within Black Hawk county are accepted this cycle. Black Hawk u e ueftp 1` et Please enter the amount requested with only a decimal point, no other characters other than numbers. For example; enter Amount Requested as 1000.00 and not 1000 and not $1,000.00. $65,000.00 o .a Iro j $150,000.00 y e o t* Capital Improvements Urs jec %,,, >>egIII II 10/01/2019 ' t Ur Jed '� a 05/31/2020 Pr gra Aref Parks/Recreation/Sports Related °Printed On: 1 u n e 2019 ,,. Spring 1 9 Page 120 of 268 be rt Hellman Narratives Build u B«I1 p rk, Unc... a inn ire This project has an overall goal of improving the facility and grounds of Hoing-Rice Memorial Softball Complex in Waterloo. Established in the early 1970's, but rededicated in 1983 to the memory of fallen Waterloo Police Officers Michael Hoing & Wayne Rice, this complex of diamonds provides an attractive setting for youth and adult softball/baseball leagues, practices & tournaments from April thru September. Sustaining a first rate facility that keeps the memory of our past heroes present in our lives is our objective; especially with many of complex features beginning to show their age. The construction of a 30'x60' Peace Officer Pavilion will allow for players & spectators to seek protection from the hot summer sun or those pesky unwanted rain delays. Improvements to the diamonds with new field surface, laser grading, fencing & lighting upgrades will improve player and spectator safety. of her in J% So I IIr s Generally BHCGA prefers projects with matching funds raised or committed prior to submission of the grant application. At the time of application $80,000 in funds have been raised or committed. All funds for the project are in an investment savings account at the Waterloo Community Foundation. Build Our Ballpark along with volunteers with the Waterloo Softball Association are currently working on a variety of other potential local funding sources to achieve the project funding goal. Jett e This project would utilize the remaining 2019 construction season to begin, with completion anticipated in late spring/early summer 2020. O If this request for funding is denied by Black Hawk County Gaming Association, the reason will be listed here. Internal Use r W n tN starting with 01 at the beginning of the new fiscal year, number submitted requests/LOI's consecutively. 101 III„ riiinfed Onm 1 1 u n e 7019 Sprung 2i ,.9 Page 121 of 268 i be rt Hellman Buld tur B llpark, File Attachment Summary Applicant File Uploads No files were uploaded °Printed On: 1.. • une 20119 Spring 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 9 1 Page 122 of 268 ""0111111101011,1,1111111111111111111111111111111111„1, 01,01,01,0001111111,11111,1111,11010101010101011,, 1111111111111111111100000000000000000 „,„}„1.111111iiii 1,111,111, 11110111111 11111 111111111111,111,11111 111., 01 1101 1,1"1"111 ' 111'»»IIII111111111111111 ril0000000000 """' 0 •NI "11111, k 1°' I ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , •• •••••• ••• •• • • ••• • " 1111 1 'IVO" 111"1 1111 "Ivo 0,001 1111111 11)1)1()11)11)11)11)11)1111)),„ 1,1111, II l„ '!,,V,V,V,V,V,V,V,V,V,V,V,V,V,V,V,V,10,0,0,1 0.10,010 11111111111111111111111 11111111111111111111111111111111111111111 1111,111 11111101111 l000ll0011111100vvoom 0 oi000000000000000000000 11 1 1 1111 1 11111 111 1 1 ovooll111111111111111111111111111 1111111111111 0111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111 1111,111111 11111 11,1 IIIIVI1011 v 11 111111111 m1111,1 111111111,1 1,00001111111111111111111111111111111111111111111111 111111,1, 1111, 1,1,1,1,1111 1111 J JJ1J1 III 1111111111111111111 111111111 III 1111111111 11111111111111111111111111111111111111111111111111 11111111 11111 ,111111111„ „„„1,111 111111 viv2111''' "010,11v1v1 IIII11111111111111111111111111111111 r) c = .„ >, 0 c >, -a)_c ia) uo D (1,1 O E _c E c 0 0 P L) 0 C- D, C 1„Tri ti 0 0 -,-, n3 4- 0 -r co 0 ul el LI) np (I) -e- o g c - n-.5 7 l• ia) r ▪ 14- 0 a ,p g, Q ra 03,) 0 Ts 0 1 a c • 0 a, 0 ,_c no u • m Z_ 4,..: ia) ▪ r .= c ,_ no E 0 ocDc c 0), -' 'A la) E - "-a _• c ▪ 0 a „r T) E -,,D raw o 0.41 .2 Y' ,107C-2 c—m I— ..-rnj IWU L' 1 ti .."'L) 117 onD CO >,.. r '= • ° 111 1 To .,▪ _ _ 7, = • _ (1) ,_C „_o 411 tX 11.61 ,14= 113 ' 41) tz F nr5 uo c2 icp 0 -0 E -,-, 0 np 0 .:. 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E 1— a u .3 L- „IE o_ E 0 0 w a E 0 0 0 C1) 0 0 0 a ia) Page 123 of 268 CITY OF WATERLOO Council Communication Resolution approving the Home Investment Partnership Program Consortium Cooperation Agreement with the City of Cedar Falls, Iowa, for the period of July 1, 2019 to June 30, 2022, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 6/17/2019 Prepared: 6/12/2019 REVIEWERS: Department Reviewer Dever Even., 1..,c n..n. ATTACHMENTS: Description 1...:i (..).M.: Investment i art me kihil Pro ran Ca Cooper :(ion. ,,.....greerr.ent 0 Action Date Approve 6/1 2:06 I+ M SUBJECT: Type over .. li,:r..o Resolution approving the Home Investment Partnership Program Consortium Cooperation Agreement with the City of Cedar Falls, Iowa, for the period of July 1, 2019 to June 30, 2022, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: Approval of Resolution and direct execution of said agreement by Mayor Summary Statement: The cities of Waterloo and Cedar Falls will continue their consortium partnerships from July 1, 2019 to June 30, 2022. The funds will be allocated to Cedar Falls using the formula in the agreement Page 124 of 268 HOME INVESTMENT PARTNERSHIP PROGRAM CONSORTIUM COOPERATION AGREEMENT FISCAL YEARS 2020, 2021 AND 2022 (July 1, 2019 to June 30,2022 ) Federal Program Years 2019, 2020, 2021 (October 1, 2019 to September 30, 2022) THIS CONSORTIUM COOPERATION AGREEMENT is entered into by and between the City of Cedar Falls, a Municipal Corporation in Black Hawk County, Iowa (sometimes hereinafter referred to as the "City") and the City of Waterloo, a Municipal Corporation in Black Hawk County, Iowa (hereinafter referred to as the "Lead Entity") for the purpose of continuing a HOME Consortium pursuant to the HOME Investment Partnerships Act (hereinafter referred to as the "HOME Program"); Title II of the Cranston -Gonzales National Affordable Housing Act, as amended (42 U.S.C. 12701 et seq.) (hereinafter referred to as the "Act"). WHEREAS, Section 216(2) of the Act provides that a consortium of geographically contiguous units of general local government is considered a unit of general local government for purposes of the Home Investment Partnerships Program if the Secretary of the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") determines that the consortium has sufficient authority and administrative capability to carry out the purposes of the Act on behalf of its member jurisdictions and will direct its activities to the alleviation of housing problems within States; and, WHEREAS, in accordance with Section 217(b)(3) of the Act, HUD will include, as jurisdictions eligible to receive allocations of HOME funds by formula, approved consortia of units of general local government; and, WHEREAS, the City of Cedar Falls, Iowa, and the City of Waterloo, Iowa, desire to enter into a HOME Program Consortium Agreement for the purpose of expanding the supply of decent, safe, sanitary and affordable housing for low and moderate -income residents. NOW, THEREFORE, in consideration of these mutual covenants, the City of Cedar Falls, Iowa, and the City of Waterloo, Iowa do hereby agree as follows: SECTION 1. DEFINITIONS -ABBREVIATIONS 1.1 "City" shall mean - the City of Cedar Falls, an Iowa Municipal Corporation. 1.2 "Lead Entity" shall mean - the City of Waterloo, an Iowa Municipal Corporation. 1.3 "HUD" shall mean - the U.S. Department of Housing and Urban Development. 1.4 "Act" shall mean - the Cranston -Gonzales National Affordable Housing Act, as amended 1 of 8 Page 125 of 268 (42 U.S.C. 12701 et seq.). 1.5 "HOME Program" shall mean - the program conducted under the provision of the Cranston -Gonzales National Affordable Housing Act, Title II, Subtitle A - HOME Investment Partnerships Program (P.L. 101-625) and the Code of Federal Regulations (24 CFR Part 92). 1.6 "HOME Funds" shall mean - HOME Program Entitlement Grant Funds awarded by the Secretary of HUD to the Consortium in accordance with the allocation formula prescribed by HUD. 1.7 "Consortium" or "HOME Consortium" shall mean - a consortium of geographically contiguous units of general local government, which HUD treats as a single unit of local government under the HOME Program, formed for the purpose of furthering the objectives of the HOME Program. Under this Agreement, the cities of Cedar Falls and Waterloo comprise the HOME Consortium. 1.8 "Housing Unit or Units" shall mean - decent, safe, sanitary and affordable housing developed or assisted with HOME Funds pursuant to this Agreement. 1.9 "Qualification Period" shall mean - the Federal Fiscal Years for which the HOME Consortium is to qualify to receive allocations as a participating jurisdiction in the HOME Program. SECTION 2. RESPONSIBILITIES OF THE PARTIES 2.1 Pursuant to this Agreement, the City and the Lead Entity agree to cooperate to undertake or to assist in undertaking housing assistance activities for the HOME Program. 2.2 The Lead Entity shall act in a representative capacity for all member units of general local government, or the Consortium members, for the purposes of the HOME Program. 2.3 The Lead Entity shall assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with the requirements of the HOME Program, including requirements concerning a Consolidated Submission of Community Planning and Development Programs ("Consolidated Plan") in accordance with HUD regulation in 24 CFR Parts 91 and 92. 2.3.1 This Agreement does not contain a provision for veto or other restriction that would allow any member unit of local government to obstruct the implementation of the Consortium's approved Consolidated Plan. 2.3.2 The 5- Year Consolidated Plan document shall be prepared by Lead Entity in collaboration with staff from City. If a consulting firm is hired to prepare said document, Lead Entity and City will come to a mutually acceptable agreement to split the cost of the 2 of 8 Page 126 of 268 consulting firm. 2.3.3 Lead Entity and City agree that necessary adjustments to the Consolidated Plan development process will be made when necessary as required by the United States Department of Housing and Urban Development, including, but not limited to, any Consolidated Plan process. 2.3.4 The Lead Entity shall initiate the 5 -Year Consolidated Plan and Annual Action Plans in IDIS for Lead Entity and City, and submit to HUD on IDIS. Annual reporting (CAPER) will be completed by each entity separately in IDIS. 2.4 The Lead Entity and/or City if necessary, shall secure from the State of Iowa a written certification that the Consortium will direct its activities to the alleviation of housing problems within the State of Iowa. 2.5 The Lead Entity shall submit to HUD the required HOME Consortia qualification documents including required certifications and a fully executed Consortium Cooperation Agreement. 2.6 The Lead Entity and the City shall act affirmatively to further fair housing by: 2.6.1 Employing affirmative marketing procedures in the advertising and marketing of Housing Units, and 2.6.2 Conforming to the non-discrimination provisions hereinafter set forth. 2.7 Lead Entity, after approval by City, is hereby authorized to amend this Consortium Agreement, on behalf of the Consortium, for the purpose of adding new members to the Consortium. 2.7.1 Should it become necessary to change the language of this Agreement to meet HUD approval, without making major changes and without altering the intent of the Agreement, such changes may be made administratively with written consent of the Consortium staff. 2.7.2 This Agreement may be amended for purposes other than those described in 2.7 and 2.7.1 above by written Agreement of the Lead Entity and City. 2.8 Lead Entity and City each shall be solely responsible for such individual financial and/or legal responsibilities which may arise from participation as a member of this Consortium. 2.9 Lead Entity and City each shall be solely responsible for the administration of their respective HOME Programs including: 3 of 8 Page 127 of 268 2.9.1 The development of Housing Units within their respective jurisdictions, and the use of any public or private funds or loans, or other means of financial assistance. 2.9.2 Additionally, any real or personal property acquired pursuant to this Agreement shall be acquired and maintained in the name of the individual Consortium member performing the acquisition. 2.9.3 Members will abide by their own local codes and standards but acknowledge that in federally funded projects, they are subject to the regulations for addressing lead -paint hazards. 2.10 Match obligations will be met for City by using carryover match funds reported by Lead Entity. 2.11 Program Income generated by Lead Entity or City with HOME funds will be accounted for in IDIS reporting and used for eligible activities by each agency separately. 2.12 It is the City's responsibility to assure compliance with all HOME requirements during project implementation and the affordability period. The Lead Entity has the right to monitor projects compliance. City will submit to Lead Entity the Environmental Review (ER) for each HOME project, and Lead Entity will approve the ER, before said project begins by City. 2.13 City and Lead Entity will follow the regulations of the HOME Final Rule of 2013. SECTION 3. PROVISIONS OF THE AGREEMENT 3.1 Lead Entity and City agree that the Consortium start date shall be July 1, 2019, and that they, and any new members added to this Consortium, pursuant to Section 2.7 above, shall establish July 1 through June 30 as their respective fiscal year for the following Federal programs: 1) the Community Development Block Grant under Title I of the Housing and Community Development Act of 1974, as amended (PL 93-383), 2) the Home Investment Partnership Program under Title II of the Cranston -Gonzalez National Affordable Housing Act, as amended, (PL 101-625), 3) the Emergency Shelter Grant Program under Subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act of 1988, as amended (PL 100-628), and 4) the Housing Opportunities for Persons With Aids Program under Title 11 of the Cranston -Gonzalez National Affordable Housing Act, as Amended, (PL 101-625), as applicable. 3.2 Though this Agreement may be amended, no Consortium member, including any new member added pursuant to Section 2.7 above, may withdraw from this Agreement while it remains in effect. A member desiring to terminate the Agreement and its participation 4 of 8 Page 128 of 268 in the Waterloo HOME Consortium may do so by giving no less than 6 months prior written notice. The notice must be sent to the Lead Entity at the addresses appearing on the signature page and the notice must specify the effective date of the termination. The Agreement will terminate on the effective date specified in the notice. 3.3 For the Lead Entity and City, this Agreement is made and entered into pursuant to: 3.3.1 Iowa Code, Chapter 364 (2015), entitled "Powers and Duties of Cities". 3.4 The parties to this Agreement shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of Federal or other laws or local ordinances because of race, color, handicap, familial status, sex, age, political or religious opinions, affiliations or national origin. SECTION 4. DISTRIBUTION OF HOME FUNDS 4.1 Lead Entity shall be the recipient of each annual allocation of HOME Funds awarded to the Consortium by HUD and shall secure such funds in a manner prescribed by HUD. 4.2 For each annual allocation of HOME Funds, funds will be disbursed as follows: 4.2.1 10% of the entire annual HOME allocation will go to Lead Entity for allowable administration/planning costs of the HOME Program. 4.2.2 The annual HOME allocation will be allocated 72% to Lead Entity and 28% to City unless an alternate mutually agreeable allocation formula is approved by Lead Entity and City. Formula breakdown is based on HUD FY 18 HOME Consortium Share Report. 4.2.3 15% of each annual HOME allocation after 28/72 split goes to local Community Housing Development Organization(s) (CHDO). The CHDO may use each allocation in the corresponding jurisdiction. If the CHDO is unable to use the City's allocation in City's jurisdiction it may be used in the Lead Entity's jurisdiction. The Lead Entity will oversee the CHDO requirements. Please see Appendix A for a sample breakdown of funding. 4.2.4 The allocation formula listed in 4.2.2 will be revised should additional members be added to the HOME Consortium. The revised allocation formula must be approved by Lead Entity and City before any additional members may be added. 4.2.5 City may not expend HOME Funds for any administrative or planning expenses. 5 of 8 Page 129 of 268 4.2.6 HOME Funds shall be allocated to City through a subsequent subrecipient agreement, or agreements, between City and Lead Entity. 4.3 Some members existing programs may need to be modified if carried out with HOME funds, but the Consortium Activities do not impact CDBG-funded programs. SECTION 5. TERM OF THE AGREEMENT/QUALIFICATION PERIOD 5.1 This Agreement shall be in full force and effect for a period of three years beginning on October 1, 2019, and ending September 30, 2022, said period comprising the Qualification Period, or until such time the HOME Funds are closed out as specified in Section 5.3, below. City fiscal years July 1, 2019 to June 30, 2022. By the date specified in HUD's consortia designation notices, the consortium lead entity will notify each participating unit of general local government in writing of its right not to participate for the successive three-year qualification periods. The consortium will adopt any amendment to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in a Consortia Qualification Notice applicable for a subsequent three-year consortia qualification period, and to submit the amendment to HUD as specified in the Consortia Qualification Notice for that period, and that failure to comply will void the automatic renewal of the consortia agreement. 5.2 The Federal fiscal years of this Agreement shall include federal fiscal years 2019, 2020, and 2021. 5.3 Notwithstanding the above, this Agreement shall remain in effect until the HOME Funds from each of the Federal Fiscal Years of the Qualification Period are closed out pursuant to 24 CFR 92.507. SECTION 6. AUTHORIZED REPRESENTATIVES In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice, including legal service of process, during the term of this Agreement, and for the period of any applicable statute or limitations thereafter, the following named individuals or their successors shall be authorized representatives of the parties: (1) Quentin Hart, Mayor City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 (2) James P. Brown, Mayor 6 of 8 Page 130 of 268 With copies to: (3) City of Cedar Falls 220 Clay Street Cedar Falls, Iowa 50613 Rudy D. Jones Community Development Director 620 Mulberry Street Waterloo, Iowa 50703 and (4) Stephanie Sheetz Director of Community Development 220 Clay Street Cedar Falls, Iowa 50613 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below. ATTEST: CITY OF WATERLOO: City Clerk Quentin Hart, Mayor City of Waterloo, Iowa City of Waterloo, Iowa Date Date ATTEST: CITY OF CEDAR FALLS City Clerk James P. Brown, Mayor City of Cedar Falls, Iowa City of Cedar Falls, Iowa Date Date 7 of 8 Page 131 of 268 Appendix A Sample Annual HOME Allocation $453,196.00 Waterloo Allocation 72% Cedar Falls Allocation 28% Administration Fee Calculation $453,196.00 $453,196.00 X .72 Allocation % X .28 Allocation % $326,301.00 $126,895.00 X .10 minus 10% Admin to Lead Entity X .10 minus 10% Admin to Lead Entity $32,630.00 $12,689.00 $32,630.00 $12,689.00 Total Admin to Lead Entity = $45,319.00 CHDO Allocation Calculation $453,196.00 $453,196.00 X .72 Allocation % X .28 Allocation % $326,301.00 $126,895.00 X .15 Min. CHDO Allocation X .15 Min. CHDO Allocation $48,945.00 $19,034.00 Total CHDO allocation = $48,945.00 - Must be used in Lead Entity's jurisdiction $19,034.00 - May be used in City's jurisdiction. If no project is feasible funds may be $67,979.00 used in Lead Entity's jurisdiction. Net Allocations $326,301.00 72% Allocation - $32,630.00 Admin - $48,945.00 CHDO $244,726.00 Lead Entity 8 of 8 $126,895.00 28% Allocation - $12,689.00 Admin - $19,034.00 CHDO $95,172.00 City Page 132 of 268 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with Ovivo of S alt Lake City, Utah, in an amount not to exceed $2,450, for travel expenses in conjunction with the removal of Digester No. 3 lid, and authorize the Mayor to execute said document. City Council Meeting: 6/17/2019 Prepared: 6/12/2019 REVIEWERS: Department Reviewer Action Date Waste ana ge l �_m e11 t bow Tan, brila m Approve 1 6/12r 01 ,,,,,, 11:06 AM Clerk O f ce Even, II cAnn Approved 6/12/201(,,,,,,,11:28 AM ATTACHMENTS: Description Type M er n.o to NK. ' oo ayor and CI y finc COVer Me 10 SUBJECT: Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with Ovivo of S alt Lake City, Utah, in an amount not to exceed $2,450, for travel expenses in conjunction with the removal of Digester No. 3 lid, and authorize the Mayor to execute said document. Submitted by: Submitted By: Brian Bowman, Treatment Operations Supervisor Expenditure Required: $2,450 S ource of Funds : Sewer funds Page 133 of 268 rio o CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 June 11, 2019 Memo to Waterloo Mayor and City Council: RE: Supplemental Agreement No. 1 Professional Services Agreement, Ovivo Background Discussion A previous Resolution on 5/6/19 approving a Professional Service Agreement with Ovivo of Salt Lake City, Utah, in the amount of $11,500 in conjunction with the removal of Digester No. 3 lid did not include travel expenses. An New bid that does include travel expenses is provided at $13, 950 resulting in a difference of $2,450.00 Recommended Action It is recommended that the city council approve the Supplemental Agreement No. 1 Page 134 of 268 CITY OF WATERLOO Council Communication Resolution approving Amendment No. 2 to the General Services Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $15,000, in conjunction with the Wastewater Treatment Facilities Planning and Nutrient Reduction Study and Operations Assistance, and amending the c o mp letio n schedule to July 30, 2019, and authorize the Mayor to execute said document. City Council Meeting: 6/17/2019 Prepared: 6/11/2019 REVIEWERS: Department Waste M' ,n ae:mm:lent Clerk Office Reviewer bowman, bran. Even, ATTACHMENTS: Description CI w. Memo to Water c: m. c:.m.m m . ...ni endm int N. o„ 2 SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Action A ppm.: owed. Appm:(ved Type Covcrmmm. ckup atria.. Date 6/12/ 1 9 ,,,,,, 11:05 A M 6/12/2019 ,,,,,,, 11:15. M Resolution approving Amendment No. 2 to the General Services Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $15,000, in conjunction with the Wastewater Treatment Facilities Planning and Nutrient Reduction Study and Operations Assistance, and amending the completion schedule to July 30, 2019, and authorize the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor Recommend approval of Amendment No. 2 to the Agreement for General Services Wastewater Treatment Facilities Planning and Nutrient Reduction Study and Operations Assistance with Strand . $15,000 S ewer Fund Page 135 of 268 roo June 11, 20 9 c F WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave,. "-lerloojA 50702 (319) 291-455,3 emo to Waterloo ayor and City Council Antidegradation Aiteranatives Analysis Service Te City of Waterloo Wastewater Treatment Facility, Waste Management Services desires to infreque tly utilize a chemical cane,* Polly Alumi um Chloride (PAC). THIs is a cr emical that was ised with great success last year from December 2018 until April 2019, under a variance permitted sy the Iowa Department of Natural Resources. PAC is a chemical often used in drinking water treatment. It is also used in the W stewater Industry to aid in settling issues and has the ability to disrupt the metabolism of unwanted foam! g and bulking filaments that ca se settling issues in the wastewater treatment process. Waste Management Services often encounters loisrustions caused by bulking filaments. Bulking filaments puts the City at risk of violating the NPIES "ermit because of imsroper settling iss es, In orier to tilize this chemical in the future Waterloo must participatei an Antidegradation Alternatives Analysis to be performed by a tLlrd party., T Is is a requireme t ma dated by the Iowa tesaament of N;Aural Resources., Page 136 of 268 114 Stria ti ci A, ssocia 1,:es , n c May 23, 20 9 City ,of Waterloo 715 Mulherry Street. Waterloo, :IA, 50703, Attent.ion., Mr„ 'Brian Bowman, Treatment Operatc:': Supervisor Re: Amendment No. „,„ to the .Aprit 12, 201'7. Agrecment for General Services Wastewater7[reattnent Facilities IItan.ning and Nutrient Reduction Study and Operations ..Assistance This is Amendment No. 2 to the 1:.7referenced .Agreement. Under Scope of Services, .AD.D the 4;1 ntidegradation Alternatk es Analysis Services Evaluate three vvastewater treatment .plant (WWTET,P) antidegradationalternatives to manage issues related to foairting and bulking filaments. The three alternatives are as follows. Review the potential treatment .perfortnance int acts to current operations if no changes are itriplentented„ Addition of ..polyatur inuni chloride to the activated sludge ,system. NVIckTTI) process additimr.for selection of denser activated sludge.. Prepare draft .Antidegradatiort 1kt:ter...natives „Analysis For potential chemical addition at NVIAFFP in accordance with .1lowa.'s Antidegra„dati.on Policy 11567 LAC 61 .2(2)] and the Iowa Department of Natural. ...csotirces (11)NR) guidance documents and submit a.. draft report to OW fER .for review. 3. Meet. with OWNER via, teleconference to res ie the draft. Antidegradation Alternatives Ana lvs is, 'Provide up to three copies of the final At....:id.egradation. Alternatives „Analysis to OWN EI for OWNEtt. to public notice. Prepare public notice ,letters on OVVNER-provided letterlead and s hniit t',11,1a1 .Antidegradation .Alternatives .Analysis to the appropriate 'businesses and governmental agencies in -,ccordattee with I.DNR. guidance. 6. Submit three copies of the .finarAntidegraiati.on .Aiterriatives Analysis, results of the 1,?ublic comment process, and results of the intergovernmental review process to the ID.,„ PBS !!T.AL Adc,"41,t.,„. \NIAII\Doclaneras1,,,Agreerne„nts11,,NV!!!!Waterl.00(I 1j\,!)'"!NVWT,EPtanni.n.,g&N„.ttrie„nt.ReductnS!td!!y!2,0 7:1,A„.0.1,An1d,,,1,763„.„001 2 1 ! , WWVIIC „„ C 0 Page 137 of 268 City of Waterloo age 2, Ma) 2L2019 I.Jucter ADID the ..folk...wing. "OWNER shall compensate .ENGINEER. 'for AntiStP.RIE1 „:„Fi'itratsti l'„„„sscp(siates„, c,„„'„ atiotL.AlterLati..ves Analysis Services or., an, rate 'basis plus expenses an estimated Ice oF $15„000." Under Schedule, CHANGE ..April 30, 2019, to "July 30, 201.9." 1,1N WrffNESS the parties hereto have inade and executet.:, ent„ OWNER: CITY OF WA1ERLOO EN(i INEER: SFRAN1) ASSO ,010,01000,1. N "ES, 1N JosL Hunker Corporate Secretary Quentin .Date Mayor P13 S gic\RAM.,AMDortumerits Algeement s of (11APWW11;Planning,'tNutrientReductmStdy 20 7,,,,,gx",Amd"446.3 00 age wwwtstranr:...Lto,n1 ot 268 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Vandewalle and Associates for fiscal year 2020, in the amount of $72,000, for continued work on downtown Waterloo planning efforts, redevelopment design, riverfront development, and funding opportunities, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 6/17/2019 Prepared: 6/11/2019 REVIEWERS: Department Reviewer Action Date Pan in g. & n vin gSchroeder, Ar ic Approved 6/12 Clerk office Even, I.,eAn .Approved ATTACHMENTS: Description Vandewalle SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Type 1:3aJcku.p Mat ria. 1.. 9 ,,,,,, 1.. 0:48 AM:. 6/12/20.19 --11 :22 AM Resolution approving a Professional Services Agreement with Vandewalle and Associates for fiscal year 2020, in the amount of $72,000, for continued work on downtown Waterloo planning efforts, redevelopment design, riverfront development, and funding opportunities, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Approve resolution as requested The City of Waterloo has been working with Vandewalle & Associates for many years for downtown development. With a plethora of activities and projects underway, we feel it is appropriate to continue this relationship to bring forth new development, proper design and planning, to continue to improve Downtown Waterloo. $72,000 Bond and TIF funds Downtown Redevelopment, and in accordance with Goals 1, 3, and 4 in the City of Waterloo Strategic Plan. Not approve The City of Waterloo began its relationship with Vandewalle & Associates at the beginning of the R iverfro nt Renaissance. Since then, the City is seeing a number of new projects underway, being planned, being completed, and Page 139 of 268 Background Information: opening -- in Downton Waterloo. The TechWorks Campus, the Sportsplex, the Grand Crossing I and II, the Masonic Temple, the Upper Plaza Housing, the Flea Market site riverfront housing, the Marriot Hotel and Tech Works Outlots layouts, the Marina, and numerous upper story renovations, etc. have all been in accordance with the Downtown Master Plan. Page 140 of 268 /J����>L11111 VANDEWALLE & ASSOCIATES INC. To: Noel Anderson, Community Planning & Development Director From: Brian Vandewalle, CEO/Owner, Vandewalle & Associates Marta Purdy, Senior Associate, Vandewalle & Associates Date: Tuesday, June 11, 2019 Re: Proposed Scope of Work for City of Waterloo, FY2020 WORK ELEMENT 1: DOWNTOWN MASTER PLAN IMPLEMENTATION Work with the City to expand and implement the detailed development plan for downtown Waterloo, to include the following: a. Continue to develop and implement the downtown Master Plan, including both priority projects on both the east and west sides b. Continue to assist in launching new redevelopment sites and uses for the project "pipeline" on both the west and east sides, including the Walnut neighborhood and Highway 63 corridor c. Assist in creating an overlay zoning district that incorporates design standards for the Downtown Master Plan area, including redevelopment sites and renovation of existing properties d. Assist with financing strategies that promote economic development, such as tax increment financing e. Advise the City about coordination of downtown marketing effort f. Assist the City in downtown programming, utilizing expertise and activities of Leisure Services, Main Street Waterloo, and the Waterloo Center for the Arts to leverage downtown venues with Downtown Master Plan g. Assist the City on planning for improvements to the Waterloo Regional Airport h. Provide general assistance to the City as requested 120 East Lakeside Street • Madison, Wisconsin 53715 • 608.255.3988 • 608.255.0814 Fax 247 Freshwater Way, Suite 530 • Milwaukee, Wisconsin 53204 • 414.988.8631 www.vandewalle.com 5;III r)Olcoces, sOhaoopirno change Page 141 of 268 WORK ELEMENT 2: COORDINATION FOR PMT/DBMT PROCESS With the assistance of City staff, manage and coordinate the Project Management Team, to include the following: a. Identify priority focus areas and set related meeting agendas b. Facilitate Project Management Team and project -specific Design -Build Management Team meetings on a monthly basis or as needed c. Facilitate the Design Build Management Team process, including providing agendas, guidance, and recommendations on design review elements WORK ELEMENT 3: EAST SIDE PROJECTS a. Coordinate with the City on East 4th Street Development b. Coordinate with the City on a possible SSMID c. Work with City, property manager, owners, and future developer to reposition Black's Building as a catalytic redevelopment project, as well as adjacent blocks for redevelopment d. Advise on implementation of Walnut Street Neighborhood planning efforts e. Advise on Opportunity Zone projects, including packaging projects for investment, developer recruitment, design concept development WORK ELEMENT 4: DOWNTOWN HOUSING a. Assist the City in implementation of downtown housing, proposed residential between Single Speed and the SportsPlex, b. Provide design review and concept development for East side projects c. Other strategic downtown infill sites, as opportunities are made available WORK ELEMENT 5: MARINA SITE a. Work with the City and the Waterloo Development Corporation to identify an operator and operating plan for the Marina, including multi -family housing, paddlesports/recreation business, and other uses b. Help recruit and vet additional housing and retail/commercial prospects for the Marina site c. Assist with relocation of dek hockey to marina site WORK ELEMENT 6: CEDAR RIVER PROJECTS & PROGRAMMING(NON-MARINA) Work with the City to activate the downtown plan for the Cedar River including: a. Develop programming for downtown transient boat docking b. Provide advice on kayak course, fishing derbies, flatwater paddling, and other recreational programming opportunities c. Develop and maintain implementation strategy and operating plan, including project roles and responsibilities as the Cedar River project is implemented 06/11/19 Page 2 of Page 142 of 268 d. Identify and track funding opportunities applicable to the project e. Coordinate with the Cedar River programming committee as it relates to the scope of the Waterloo Downtown Master Plan area f. Continue to refine RiverLoop infrastructure plan and associated funding strategy, and assist in related marketing initiative WORK ELEMENT 7: IOWA REINVESTMENT DISTRICT IMPLEMENTATION (NON - MARINA) a. Assist the City in planning for redevelopment of the TechWorks outlots, such as the marina site, retail sites, and sports -related uses, and including efforts to functionally integrate TechWorks into the downtown redevelopment Master Plan. These efforts will be conducted through regular calls, DBMT meetings, and review of materials b. Assist the City in implementing the projects in the Iowa Reinvestment District, including new opportunities in hotel, hospital, retail, and multi -family housing WORK ELEMENT 8: SPORTS RECREATION DISTRICT a. Advance the Recreation Sports District, including specific projects that support the district such as a second ice facility (youth hockey/curling/restaurant) b. Assist in relocation of the dek hockey rink to support expanded use, and efforts to support expansion youth hockey c. Assist in strategy for marketing Sports Recreation District for current uses and future opportunities, in collaboration with the Experience Waterloo and the Sports Commission WORK ELEMENT 9: SUPERBLOCK REDEVELOPMENT With the assistance of City staff, coordinate the redevelopment of the properties in the Superblock. (Note: Superblock is a four -block area around the Convention Center, including the Ramada hotel, parking structure, Courier building, and Cedar River Plaza building) to include the following: a. Advise on use, density, and programming for Courier Block and adjacent buildings and sites, including both existing and future catalytic redevelopment sites b. Advise on priorities for phased development of Superblock properties c. Assist developer and others in coordinating site planning and architect's design review on Courier Block or other adjacent proposed development d. Advise on redevelopment opportunities for the Cedar River Plaza building, including appearance improvements, river access options, and suggestions for tenant mix e. Develop and track funding sources 06/11/19 Page 3 of Page 143 of 268 WORK ELEMENT 10: STREETSCAPE, WAYFINDING, SIGNAGE a. Continue to develop streetscape, wayfinding, and signage recommendations, including industrial park and business park signage WORK ELEMENT 11: BLIGHT ELIMINATION AND PROPERTY ACQUISITION a. Continue to update map and strategy with blight elimination and property acquisition targets b. Track property owner, assessed value, and anecdotal information regarding asking price, business status, and other relevant details WORK ELEMENT 12: DEVELOPER RECRUITMENT ASSISTANCE As additional priority projects are identified during the contract period, assist the City with developer recruitment activities, including: a. Project concept design and refinement, including design services to review architecture and graphic services to advance specific projects b. Participate in property owner negotiations and relocation strategies c. Participate in developer recruitment and negotiations, such as RFP/RFPs development, evaluation of responses, and developer selection d. Assist in financing strategy development e. Assist in design and development review WORK ELEMENT 13: FUNDING PROCUREMENT AND TRACKING At the direction of City staff, provide assistance in developing a funding strategy to include the following: a. Develop and track sources of and deadlines for federal, state, and local funding opportunities b. Position projects by developing white papers and communication strategies to help recruit funding sources c. Track the Better Utilizing Investments to Leverage Development (BUILD) federal grant program, particularly as related to the City's University Avenue project. d. Support and assist the City in implementing the federal Opportunity Zone program, including design concept development and funding structures 06/11/19 Page 4 of Page 144 of 268 CITY OF WATERLOO Council Communication Resolution approving a Professional Service Agreement with I & S Group, Inc., of Waterloo, Iowa, in an amount not to exceed $36,000, in conjunction with the Five Sullivan Brothers Convention Center Penthouse/Chiller and miscellaneous renovations, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 6/17/2019 Prepared: 6/12/2019 REVIEWERS: Department Reviewer Action Date P lanning & n vin gSchroeder, Ar ic Approved 6/ Clerk office Even, I.,cA.nn Approved. ATTACHMENTS: Description Type Con .vc rntion. Ce e 1: Cover M SUBJECT: Submitted by: 1 9 ,,,, 12, . 9 P M 6/12/2019 ,,,,, 12 w 5/ 1 M Resolution approving a Professional Service Agreement with I & S Group, Inc., of Waterloo, Iowa, in an amount not to exceed $36,000, in conjunction with the Five Sullivan Brothers Convention C enter Penthouse/Chiller and miscellaneous renovations, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Commuity Planning & Development Director Recommended Action: Approval Expenditure Required: $36,000 S ource of Funds : Building Maintenance Page 145 of 268 Init. 2017 0,11 Villi 1 BIOITM - npDocument Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Eighteenth day of June in the year Two Thousand Nineteen (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Telephone Number: 319-291-4311 Fax Number: 319-291-4286 and the Architect: (Name, legal status, address and other information) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 Telephone Number: 319-234-1515 Fax Number: 319-234-1517 for the following Project: (Name, location and detailed description) 5 Sullivan Brothers Convention Center Penthouse / Chiller and. Misc Renovations, Waterloo, Iowa. The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: Pa 61e37919g38f 268 Init. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution. '9 § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Unknown. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) Unknown. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) Unknown. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. � User Notes: Pa e7"Ip 3 )f 268 Init. Not yet determined. .2 Construction commencement date: Not yet determined. .3 Substantial Completion date or dates: Not yet determined. .4 Other milestone dates: § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction.) Competitive bidding. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any.) N/A. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204TM_2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.) Quentin Hart, Mayor 715 Mulberry Street Waterloo, IA 50703 § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 3 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. �p User Notes: Pa e7"I 43 )f 268 Init. .2 Civil Engineer: I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 . 3 Other, if any: (List any other consultants and contractors retained by the Owner.) § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) Tim Verheyen, PE 314 East 4th Street Waterloo, IA 50703 Telephone Number: 319-234-1515 Email Address: tim.verheyengis-grp.com § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 . 2 Mechanical Engineer: I & S Group, Inc. (ISG) John Trickel, PE 1300 Walnut Street Suite 101 Des Moines, IA 50309 Telephone Number: 515-243-9143 . 3 Electrical Engineer: I & S Group, Inc. (ISG) AIA Document B101 TM - 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 4 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. �p User Notes: Pa e7"I A3 )f 268 Init. 1300 Walnut Street Suite 101 Des Moines, IA 50309 § 1.1.11.2 Consultants retained under Supplemental Services: None to date. § 1.1.12 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203TM_2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202TM-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 5 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. � User Notes: Pa e7"Ip 6'U3 )f 268 Init. § 2.5.1 Commercial General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) for each occurrence and Two Million Dollars and Zero Cents ($ 2,000,000.00) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers' Compensation at statutory limits. § 2.5.5 Employers' Liability with policy limits not less than One Million Dollars and Zero Cents ($ 1,000,000.00) each accident, One Million Dollars and Zero Cents ($ 1,000,000.00) each employee, and One Million Dollars and Zero Cents ($ 1,000,000.00 ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than Three Million Dollars and Zero Cents ($ 3,000,000.00 ) per claim and Three Million Dollars and Zero Cents ($ 3,000,000.00 ) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 6 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. � User Notes: Pa e7"Ip 13 )f 268 Init. the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 7 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. �) User Notes: Pa e7"Ip �30f 268 Init. and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; if necessary, .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 8 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. � User Notes: Pa e7"Ip613 )f 268 Init. (Paragraphs deleted) § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201 TM -2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 9 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. � User Notes: Pa e7"Ip 643 )f 268 Init. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 1 0 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. � User Notes: Pa e7"Ip 6'83 )f 268 Init. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; . 2 issue Certificates of Substantial Completion; . 3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, . 4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. N/A (Table deleted) § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Paragraph deleted) See Exhibit "A" for detailed description of additional services. AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 1 1 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. �) User Notes: Pa e7"Ip �30f 268 Init. § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. See Exhibit "A" for detailed description of additional services. § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204TM-2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: . 1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; . 3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; . 4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; . 5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner -authorized recipients; . 6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, . 11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; . 3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; . 4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 12 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. � User Notes: Pa e7"Ip '73 )f 268 Init. .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: . 1 Unlimited ( Unlimited) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor . 2 Bi -weekly (Bi -weekly) visits to the site by the Architect during construction . 3 Three ( 3 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( 1 ) inspections for any portion of the Work to determine final completion and one year-end warranty inspection. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within Twenty-four ( 24 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 13 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. �p User Notes: Pa e7"I E63 )f 268 Init. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204TM-2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, construction manager's fees, if any, and overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 14 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. �) User Notes: Pa e7"Ip �30f 268 Init. Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; . 2 authorize rebidding or renegotiating of the Project within a reasonable time; . 3 terminate in accordance with Section 9.5; . 4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, . 5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 15 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: Pa e79,06153 )f 268 Init. from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage . § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 16 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: Pa e79,06613 )f 268 Init. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 17 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. � User Notes: Pa e7"Ip 3 )f 268 Init. .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 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 Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.6.1 The Client agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the Architect, its officers, partners, employees and subconsultants (collectively, Consultant) from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability, regulatory or any other cause of action, except for the sole negligence or willful misconduct of Architect. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 18 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. � User Notes: Pa e7"Ip 613 )f 268 Init. the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: Compensation shall be as follows: Design Fees Phase 1 = Fixed Fee of: $36,000 (includes Architectural, Mechanical, Electrical & Structural Engineering); Testing Agency estimated to be $3,000 which is included in fixed fee amount. Note: Iffurther design work/phases are desired, the professional fee shall be Eight percentage (8.0%) of the construction cost, less a credit of ($36,000) for design work already performed. PHASE 1 SCOPE OF WORK FOR PENTHOUSE & CHILLER: 1. HVAC Phase 1 Design Development: In depth Center HVAC review of existing system beyond the ISG facility high level assessment that includes the new planned additions, energy model, code review, future occupancy use and compliance, equipment selection and detailed phasing of planned work that parallels the ISG facility assessment. Other applicable disciplines will be accessed as necessary; 1. Architecture: Understanding the potential renovation and how that will relate to heating, cooling and ventilation. a. New updated code review as it would pertain to maximum occupancy for the building total and per major zone. This will directly affect ventilation requirements that will impact conditioning of the air under max load. b. Understanding of the future Addition and its anticipated wall/window/roof design. c. When the roof will be replaced both penthouse and the rest of the roof. d. I want to discuss screening of any large equipment on the roof specifically the penthouse roof and if you think we should be including a way to hide it or not. 2. Electrical engineering as applicable. 3. Structural Engineering as it pertains to the penthouse roof and curbs. 4. Technology and Building Automation Engineering as applicable. 5. Air and Water Testing. ISG will employ a certified Testing firm to assist us in understanding the state of current air flows at the air handling units. 2. HVAC Phase 2 Construction Documents: Penthouse, chiller and roof equipment renovation that includes AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 19 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: Pae79,06663 )f 268 Init. new chiller, pumps, piping, applicable accessories and building automation. 3. To Be Determined and broken down further into additional phases per the ISG Facility Assessment and funding capacity. For HVAC that may include terminal air box, booster heating coil and unit heater replacement and upgrades. Duct cleaning and Building Automation upgrades. § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) See Hourly Rate Table attached as Exhibit A. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: See Hourly Rate Table attached as Exhibit "A". § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Fifteen percent ( 15.00%), or as follows: § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase Design Development Phase Construction Documents Phase Bidding/Negotiations Phase Construction Phase Fifteen percent ( 15 Twenty percent ( 20 Forty percent ( 40 Five percent ( Twenty percent ( 5 20 %) %) %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate ($0.00) See Hourly Rate Table as Exhibit "A". AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 20 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. � User Notes: Pa e7"Ip 683 )f 268 Init. § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; . 3 Permitting and other fees required by authorities having jurisdiction over the Project; . 4 Printing, reproductions, plots, and standard form documents; . 5 Postage, handling, and delivery; . 6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; . 9 All taxes levied on professional services and on reimbursable expenses; . 10 Site office expenses; . 11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, . 12 Other similar Project -related expenditures including municipal and/or state plan review costs; .13 Life Cycle Cost Analysis (LCCA) is a process that is on occasion (depending on size) required by the State Fire Marshal and is performed by the Mechanical/Electrical Engineer. The engineer will study the existing system and compare to a more efficient system and determine what the cost savings will be. The analysis costs vary depending on the type of system, the square footage and complexity of the study. The average cost to the Owner is between $7,500 and $11,500 to have this analysis performed and will be billed to the Owner by the Architect as a reimbursable cost. .14 Geothermal Test Wells will be billed directly to and paid by the Owner. .15 Additional consultant expenses may include, but are not limited to site survey(s), soil borings etc. These expenses will be billed as a reimbursable expense to the Owner. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Fifteen percent ( 15.00 %) of the expenses incurred. § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5, and for which the Owner shall reimburse the Architect.) § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of Zero ($ 0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of if applicable, to be determined ($ ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty ( 30) days after AIA Document B101 TM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 21 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: Pa e791°66 3 )f 268 Init. the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 18.00 % Eighteen per annum § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B 101Tm-2017, Standard Form Agreement Between Owner and Architect .2 Additional AIA Document: N/A . 3 Exhibits: Exhibit "A" — ISG Hourly Rate Table (Paragraphs deleted) . 4 Other documents: N/A § 13.3 To the maximum extent permitted by law, the Client agrees to limit the Architect and his or her subconsultant's liability for the Client's damages to the sum of $50,000.00 or the Design Professional's and his or her subconsultant's fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) Quentin Hart, Mayor Tim Verheyen, PE, Principal (Printed name and title) (Printed name, title, and license number, if required) AIA Document B101 TM - 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 22 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:51:57 ET on 06/10/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. � User Notes: Pa e7"Ip 673 )f 268 CITY OF WATERLOO Council Communication Resolution approving an Escrow Agreement with DGOGWaterlooia10032018, LLC, (Dollar General) for city owned property located near the northeast comer of Idaho Street and Martin Luther King, Jr. Drive, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 6/17/2019 Prepared: 6/7/2019 REVIEWERS: Department Reviewer Action Date P anemmg & ling Schroeder, Aric Approvc /14r. 01 e:4L M: Clerk Office .Fclehle.„ -Kelley Approved 6/14/201( M:13 AM ATTACHMENTS: Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Legal Descriptions: Type Cover Me lo Resolution approving an Escrow Agreement with DGOGWaterlooia10032018, LLC, (Dollar General) for city owned property located near the northeast comer of Idaho Street and Martin Luther King, Jr. Drive, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval The City of Waterloo and DGOGWaterlooia10032018, LLC wish to enter into an escrow agreement in the amount of $6,000 to be held for a period of nine months. The city will be transferring land to DGOGWaterlooia10032018, LLC near the northeast comer of Idaho Street and Martin Luther King, Jr. Drive to construct a new Dollar General retail store. A judgment was filed on the land against the city and the funds are being set aside to enable a closing that was part of the purchase and sale agreement. $6,000 Proceeds of the sale to be held in escrow The property where the new store will be built is excess right-of-way when Martin Luther King, Jr. Drive was constructed. Parcel "H" of Acquisition Plat Doc. 2019-16312 filed May 3, 2019, being a part of the Southeast Quarter and a part of vacated Idaho Street in said Southeast Quarter; an in Section 19, Township 89 North, Range 12 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County. Page 168 of 268 ESCROW AGREEMENT This Escrow Agreement (the "Agreement") is entered into as of June , 2019, by and among City of Waterloo, Iowa ("Seller"), DGOGWaterlooia10032018, LLC ("Buyer") and Whitfield & Eddy, P.L.C. ("Escrow Agent"). RECITALS A. Seller and Buyer are parties to a certain Purchase and Sale Agreement concerning real property described on Exhibit "A" hereto (the "Property). B. On or about April 30, 2019, judgment was entered against Seller in the case of Nickey v. City of Waterloo, Iowa, case no. SCSC171773, for $4,902.00 plus costs and interest at 4.43% from September 13, 2018 (the "Judgment"). Seller has filed an appeal of the Judgment. C. Pursuant to law, the Judgment is a lien against the Property. The parties desire to escrow funds as set forth in this Agreement to enable a closing under the Purchase and Sale Agreement. AGREEMENT NOW, THEREFORE, in consideration of the premises and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Funds Escrowed. The parties agree that the Escrow Agent shall act as escrow agent for the sum of $6,000.00 (the "Funds") to be received from Seller. Escrow Agent will handle and distribute the Funds solely in accordance with the terms of this Agreement. Buyer and Seller agree to execute and deliver all escrow instructions that are reasonably necessary to carry out the terms and intent of this Agreement. 2. Duties of Escrow Agent. The Escrow Agent shall have only such responsibilities with respect to the Funds held in escrow as are expressly provided for in this Agreement. The Escrow Agent shall be accountable only for Funds that it actually receives from Seller. The Escrow Agent shall provide services with respect to the Funds as follows: (a) Receive and deposit all Funds into Escrow Agent's trust account. The account will not bear interest for the benefit of either party. (b) Maintain accurate records of all receipts and disbursements. (c) Distribute all Funds, in whole or in part, to Seller, Buyer, or other identified third parties in such amounts as directed by written authorization of Seller and Buyer. In the absence of express written direction to the contrary, Funds shall be distributed to payees by first class U.S. mail at the address indicated in notice received from Buyer and Seller. (d) The Escrow Agent is authorized to act upon any document reasonably believed by it to be genuine and signed by the proper party or parties. Page 169 of 268 The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything that it may in good faith do or refrain from doing in connection with its responsibilities under this Agreement. 3. Satisfaction of Judgment. Seller shall have until March 31, 2020 to resolve the Judgment by completion of appeal or by settlement with the Judgment holders. If Seller has not done so, then at any time after March 31, 2020, Buyer may deliver written instructions to the Escrow Agent to pay over to the Judgment holder that portion of the Funds that is sufficient to fully satisfy the Judgment. Escrow Agent may coordinate payoff details with legal counsel for Seller, namely, Christopher Wendland, 315 E. 5th Street, Waterloo, IA 50703, 319-234-5701, and/or legal counsel for the Judgment holders, namely, Kevin Engels, 411 Main Street, Cedar Falls, IA 50613, 319-277-4102. Escrow Agent will release Funds to pay the Judgment only in exchange for a properly executed satisfaction of judgment, which instrument shall be delivered to Seller's legal counsel or shall be filed directly by Judgment holders' legal counsel, with proof of filing provided to Seller's legal counsel. Any excess Funds remaining after such payment shall be immediately paid to Seller and delivered to Seller's legal counsel named above. 4. Termination of Escrow Agent Services. Before the intended and final distribution of Funds as contemplated by the parties, the services of the Escrow Agent may be terminated as set forth in this section. Upon the Escrow Agent's delivery of any Funds in escrow and related records to a successor escrow agent as directed in writing, the Escrow Agent shall be released from any and all further liability with respect to such Funds. The Escrow Agent may also resign upon 14 -days' advance written notice to Buyer and Seller, who shall then mutually agree upon a successor escrow agent. If Buyer and Seller have not appointed a successor escrow agent before the effective date of such resignation, the Escrow Agent may petition the Iowa District Court for Black Hawk County to appoint a successor, and Buyer and Seller shall be liable for all cost or expense, including but not limited to reasonable attorneys' fees, incurred by the Escrow Agent in such proceeding. The Escrow Agent shall deliver any Funds in escrow and related records to the successor escrow agent appointed by Buyer and Seller jointly or by the court. 5. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, or by United States registered or certified mail, postage prepaid, and addressed as follows: SELLER BUYER City of Waterloo, Iowa Attn: Tim Andera 715 Mulberry Street Waterloo, IA 50703 ESCROW AGENT Whitfield & Eddy, P.L.C. Attn: David Nelson 699 Walnut Street, Suite 2000 2 DGOGWaterlooia10032018, LLC Attn: 1598 Imperial Center, Suite 2001 West Plains, MO 65775 Page 170 of 268 Des Moines, IA 50309 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to a courier service that guarantees next day delivery, or (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change its address for notice purposes by providing notice as set forth in this Section. 6. Governing Law; Litigation. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to conflict of law principles. As to any dispute with respect to this Agreement, the parties hereby agree and consent that the parties and such dispute shall be subject to the JURISDICTION AND VENUE OF THE IOWA DISTRICT COURT FOR BLACK HAWK COUNTY for any and all matters arising out of or in any way relating to such dispute or the resolution thereof. 7. General Terms. This Agreement, including exhibits, is the entire agreement of the parties concerning the subject matter hereof. It is binding on the parties and the respective heirs, personal representatives, successors and assigns of each, and it may not be amended except by a written instrument signed by all parties hereto. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their duly authorized representatives as of the date first set forth above. City of Waterloo, Iowa DGOGWaterlooia10032018, LLC By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 3 Title: Whitfield & Eddy, P.L.C. By: Title: Page 171 of 268 EXHIBIT "A" Parcel "H" of Acquisition Plat Doc. 2019-16312 filed May 3, 2019, being a part of the Southeast Quarter and a part of vacated Idaho Street in said Southeast Quarter; an in Section 19, Township 89 North, Range 12 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County. Page 172 of 268 CITY OF WATERLOO Council Communication Request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, for a site plan amendment to the "C -P" Planned Commercial District for the construction of 9,100 square foot Dollar General retail store, located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. City Council Meeting: 6/17/2019 Prepared: 5/20/2019 REVIEWERS: Department Reviewer Action Date Planning ling c roeder, le Approvc >o 5/29/2019 ,,,,,, 1 0 w3 0 AM Clerk � �,. � �ice Even, IL ��;.��.�i:� Approved,.. ATTACHMENTS: Description Staff Report ▪ Overview Map o Aerial Ma S it e .P lap ▪ .\ppbv ca.tlot.. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type Covere II ( ove��, ClflO Cover , () Cover C over M erllo Motion to receive, file, consider, and pass for the third time and adopt an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by the DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store, located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request by the DGOGWaterlooia10032018 (Dollar General) of West Plains, Missouri for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the Martin Luther King Jr. Drive and Idaho Street Intersection. None N/A Page 173 of 268 Policy Issue: Strategy 1.3: Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. Alternative: N/A Background Information: The request to construct the Dollar General building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with nearby commercial and residential development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Martin Luther King Jr. Drive which is a Minor Arterial and Idaho Street which is a Collector. It will be necessary that a storm water detention plan is submitted, as well as a S W P P P to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. A proposed storm water detention area is located just north of the Dollar General building. There is a 15" sewer line and (5) 48" X 50' drainage culverts just north of the project site. There is also an 8" water main along the west side Idaho Street with an existing stub underneath Idaho Street that connects directly to the project site. In addition there is an 8" water main along the north side of Willow Street as well. The site plan designates landscape areas to the north and south of the site. As identified on the site plan, the landscaped areas shall consist of sod, shrubs, over story trees, and mulch. The parking areas are also set back more than 5 feet from the property line. Therefore, staff recommends that the request for site plan amendment in the "C -P" Planned Commercial District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. 4. The request would bring new economic development opportunities to the area. A part of the southeast 1/4 of Section 19, Township 89 North, Range 12 West of the 5th P.M., and a part of existing Idaho Street in the Southwest 1/4 of said Section 19, all in the City of Waterloo, County of Black hawk, State of Iowa, more particularly described as follows: Page 174 of 268 Legal Descriptions: Commencing at the center of said section 19; thence North 88* (Degrees) 43' (Minutes) 55" (Seconds) East, (Assumed bearing for the purpose of this description) on the north line of the southeast 1/4 of said Section 19 a distance of 16.5 feet to the present east right-of-way line of Idaho Street. The point of begging of the parcel herein described; Thence North 88* (Degrees) 43' (Minutes) 55" (Seconds) east on the north line of the southeast 1/4 of said Section 19, Also being the present east right-of-way line of Idaho Street and its extension easterly, 182.94 feet to the southwesterly line of the Canadian National Railroad, Thence southwesterly on the southwesterly line of the Canadian National Railroad, Being a 1,879.86 foot radius curve concave southwesterly and having a 105.63 -foot long chord Bearing south 46* (Degrees) 28' (Minutes) 08" (Seconds) east, 105.64 feet (ARC Length); Thence southwesterly on a 211.04 radius curve concave southeasterly and having a 215.72 -foot long chord bearing south 12* (degrees) 01' (Minutes) 17" (Seconds) west, 226.42 feet (Arc Length); Thence south 52 (Degrees) 56' (Minutes) 38" (Seconds) west, 67.54 feet; thence north 70* (Degrees) 38 (Minutes) 19" (Seconds) west, 164.88 feet; Thence North 01* (Degrees) 05' (Minutes) 55" (Seconds) west, 265.78 feet to the Point of Beginning. By Survey containing 63,883 square feet, or 1.47 acres. Page 175 of 268 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: June 3, 2019 Request by DGOGWaterlooia10032018 LLC (Dollar General) for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 SF Dollar General retail store located northeast of the MLK Drive and Idaho Street Intersection. Dollar General, 1598 Imperial Center, West Plains, MO 65775 The applicant is requesting to construct a new 9,100 SF Dollar General Retail building located northeast of the MLK Drive and Idaho Street Intersection. The request to construct the Dollar General building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with nearby commercial and residential development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Martin Luther King Drive which is a Minor Arterial and Idaho Street which is a Collector. The Martin Luther King Jr. Trail is located just north of Martin Luther King Jr. Drive and connects to a sidewalk along the east side of Idaho Street that is adjacent to and runs along the west side of the proposed Dollar General site. The area in question has been zoned "C -P" Planned Commercial District since July 27, 2009 when the land was rezoned from "R-3, R -P" Planned Multiple Residence District. Surrounding land uses and their zoning designations are as follows: North — Vacant land, trees, and homes, zoned "C -P" Planned Commercial District, "C-1" Neighborhood Commercial District, and "R-2" One and Two Family Residence District. South — Vacant Land and Martin Luther King Jr. Trail Head and Trail, and Martin Luther King Drive, and zoned "R-3, R -P" Planned Multiple Residence District. East — Vacant Land, trees, and homes, and zoned "R-2" One and Two Family Residence District. West — Vacant land and homes, and zoned "R-2" One and Two Family Residence District and "R-3, R -P" Planned Multiple Residence District. Due to existing topography and vegetation, no buffers will be required. It will be necessary that a storm water detention plan is SPA- northeast of the MLK Drive and Idaho Street Intersection Page 1 of 3 Page 176 of 268 June 3, 2019 submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. A proposed storm water detention area is located just north of the Dollar General building. DEVELOPMENT The surrounding area is vacant land to the south and west. HISTORY: The homes to the north and east of the project site were primarily constructed in the 1960's. FLOODPLAIN: The eastern side of the proposed parcel is located in the 500 - year and 100 -year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 C0193F, dated July 18, 2011. The proposed store location is not located within the 100 -year floodplain. PUBLIC /OPEN Highland Elementary School is located 0.73 miles to the SPACES/ SCHOOLS: south, George Washington Carver Academy is located 2 miles to the northeast, and East High School is located 1.1 miles to the southwest. There is a trail head for the Martin Luther King Jr. trail abutting the site. This trail head shall remain. UTILITIES: WATER, There is a 15" sewer line and (5) 48" X 50' drainage culverts SANITARY SEWER, just north of the project site. There is also an 8" water main STORM SEWER, ETC. along the west side Idaho Street with an existing stub underneath Idaho Street that connects directly to the project site. In addition there is an 8" water main along the north side of Willow Street as well. RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Commercial; Medium and High Density Residential; LAND USE PLAN: Professional Office; and Neighborhood Commercial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to construct a new 9,100 SF Dollar ZONING General Retail building. ORDINANCE: The area in question is zoned "C -P" Planned Commercial District, which is intended and designed to provide a means for residential development and compatible commercial on tracks of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the single lot method. The Zoning Ordinance requires 1 parking space for every 250 square feet of retail floor. This equates to 29 parking spaces for 7,159 SF of retail floor space. The site plan shows 30 parking spaces and meets the parking requirements. SPA- northeast of the MLK Drive and Idaho Street Intersection Page 2 of 3 Page 177 of 268 STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE STAFF RECOMMENDATION: June 3, 2019 The site plan designates landscape areas to the north and south of the site. As identified on the site plan, the landscaped areas shall consist of sod, shrubs, over story trees, and mulch. The parking areas are also set back more than 5 feet from the property line. The Planning and Zoning Commission unanimously approved the request at their regular meeting on May 7, 2019. A plat has already been submitted for this area as part of a separate request. The Technical Review Committee had no comments regarding the site plan amendment. Therefore, staff recommends that the request for site plan amendment in the "C -P" Planned Commercial District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. 4. The request would bring new economic development opportunities to the area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks,etc. SPA- northeast of the MLK Drive and Idaho Street Intersection Page3of3 Page 178 of 268 City of Waterloo City Council June 3, 2019 M-2 01000Jili -3 RI R -P 11111111111111111111111111111111111111111 111111111111111111 uuuuuuuuuuuuu11n11uuuuuuuuuu 11111111111111111111111111111 11111111111111111 uuuuuul uuuuuuuuuuuu11111111111111uuul uuuuuul uuuuuul 1111111111 1111111 1111111111 1111111111111111111111111111,111111111111111111 111nllllllllllllllllllll� 1111111 111111111111 A-1 11111111111111111111111111111111111111111111 1111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII X111111111111111111111111111 11111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �1111111111111111111111111111�11 I 111111111111111111111111111111101111111111111111111111111111111111I C-1 ..............��IIIIIIIIIIIIIIIIIIIIVP............... 11111111111111111111 M -2,P Q 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1111111111 111111111111111111111111111111 (1111111111 jiii iii iiliuliuliuli!uliuliuliuliuliuliuligIIuliuliuliuliuliuliuli!uliuliuliuliuliul .,1 C.72 11IvIIIIuuIIVIppI I NIIIIIIIIIIIIIIIIIIIII11111111111111111 11111111111111111111111 11uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuul 11111111111x """ llllllllllllllllllllllllllllllllllllllllllllllllllimllullllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll1. 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OW INV Id 1S 3M 600, 315 `.3 ,VIdddWl 8651 011 `JNI2,133NIJN3 / Sl I V l3 Q LT,• LO l' U J ��1�Q PU1TJA®VMOI`001H1VM 1VHANAJ 2�b11O4 APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M- ", "CP", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLAN 1NG, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amend ent uilding Minor change (check one) ( morehange ust be approved by staff) I. APPLICATION INFORMATION: a. Applicant's name (please print). DGOGWat erloo1a10032018 ILC Address: 1598 Imperial Center Phone: 417-256-4790 Fax: 417-256-8152 City: Itist Plai s State: issouri Zip: 65775 b. Status of applicant: (a) Owner (b) Other X (CHECK ONE): If other explain: contract buyer c. Property owner's name if different than above (Pease print): City of Waterloo Address: 715 Mulberry Street City: Waterloo 2. PROPE TY INFORMATION:, State: Phone: -.319-291-4323 Fax: IA Zip: 50703 a. General locatio of site plan re be amended: NEC MLK Drive & Idaho Street b. Legal description of property or portion ts be amended: see attached survey c. Dimensions of proposed site plan amendment: d. Area of proposed site Oa aniendment: 1.47 acres C- P 270 x 240 e. Current zoning: f. Reason(s) for site plan amendment and proposed use(s) of property: Development as a Dollar General retail store Conditions (if any) agreed to (does not affect existing conditions unless specified): n a h. Other pertinent information (use reverse side if -necessary): n/a 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 site plan amendment request). The filing fee of $200 (for new or overall amendment), SI 00 (for individual Building), or S0 (for minor change) (payable to the City of Waterloo) is required. This fee is n n -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 info ation 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 oy the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigne ocertify under oath and under the penalties of perjury that all informati n 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 Co mission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Owner Date Page 191 of 268 CITY OF WATERLOO Council Communication Request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. City Council Meeting: 6/17/2019 Prepared: 5/29/2019 REVIEWERS: Department Reviewer Action Date P .armin & "�n.in. g Sch.roe .'fer, Ads Approved 5/29/ . ,,,,,, 10:04. AM: e k: 0 ffis :ven. 1,cAnn Approve 5 10:25 AM ATTACHMENTS: Description ▪ Staff R...eport ▪ Ove _rviev o Aerial .Map CI VacateArea D Application SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Cover Cover .o Cover Cover Cove: Me�.�, o Motion to receive, file and consider and pass for the third time and adopt an ordinance approving a request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection. Submitted By: Noel Anderson, Community Planning and Development Director Approval. Transmitted is a request by DGOGWaterlooial0032018, LLC, (Dollar General) to vacate 1.47 acres of City right-of-way, located northeast of Idaho Street and Martin Luther King Jr. Drive. The request to vacate a 1.47 acres of City right-of-way would not appear to have a negative impact on the neighborhood. The Planning and Zoning Commission recommended unanimous approval of the City right-of-way vacate at their regular meeting on May 7, 2019. None N/A Strategy 1.3 Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support Page 192 of 268 Legal Descriptions: existing business expansions. A part of the southeast 1/4 of Section 19, Township 89 North, Range 12 West of the 5th P.M., and a part of existing Idaho Street in the Southwest 1/4 of said Section 19, all in the City of Waterloo, County of Black hawk, State of Iowa, more particularly described as follows: Commencing at the center of said section 19; thence North 88* (Degrees) 43' (Minutes) 55" (Seconds) East, (Assumed bearing for the purpose of this description) on the north line of the southeast 1/4 of said Section 19 a distance of 16.5 feet to the present east right-of-way line of Idaho Street. The point of begging of the parcel herein described; Thence North 88* (Degrees) 43' (Minutes) 55" (Seconds) east on the north line of the southeast 1/4 of said Section 19, Also being the present east right-of-way line of Idaho Street and its extension easterly, 182.94 feet to the southwesterly line of the Canadian National Railroad, Thence southwesterly on the southwesterly line of the Canadian National Railroad, Being a 1,879.86 foot radius curve concave southwesterly and having a 105.63 -foot long chord Bearing south 46* (Degrees) 28' (Minutes) 08" (Seconds) east, 105.64 feet (ARC Length); Thence southwesterly on a 211.04 radius curve concave southeasterly and having a 215.72 -foot long chord bearing south 12* (degrees) 01' (Minutes) 17" (Seconds) west, 226.42 feet (Arc Length); Thence south 52 (Degrees) 56' (Minutes) 38" (Seconds) west, 67.54 feet; thence north 70* (Degrees) 38 (Minutes) 19" (Seconds) west, 164.88 feet; Thence North 01* (Degrees) 05' (Minutes) 55" (Seconds) west, 265.78 feet to the Point of Beginning. By Survey containing 63,883 square feet, or 1.47 acres. Page 193 of 268 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: Vacate- Idaho Street and MLK Drive June 3, 2019 Request by the DGOGWaterlooia10032018 LLC (Dollar General) to vacate a 1.47 acre drainage easement and City right-of-way, located northeast of Idaho Street and Martin Luther King Jr. Drive. Dollar General, 1598 Imperial Center, West Plains, MO 65775 The applicant is requesting to vacate the drainage easement and right-of-way to allow for the redevelopment of the site as a Dollar General. The request to vacate a 1.47 acre drainage easement and City right-of-way would not appear to have a negative impact on the neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the section of right- of-way is not needed for transportation purposes and the drainage easement is being relocated. The Martin Luther King Jr. Trail is located just north of Martin Luther King Jr. Drive and connects to a sidewalk along the east side of Idaho Street that is adjacent to and runs along the west side of the proposed Dollar General site. The area in question has been zoned "C -P" Planned Commercial District since July 27, 2009 when the land was rezoned from "R-3, R -P" Planned Multiple Residence District. Surrounding land uses and their zoning designations are as follows: North — Vacant land, trees, and homes, zoned "C -P" Planned Commercial District, "C-1" Neighborhood Commercial District, and "R-2" One and Two Family Residence District. South — Vacant Land and Martin Luther King Jr. Trail Head and Trail, and Martin Luther King Drive, and zoned "R-3, R -P" Planned Multiple Residence District. East — Vacant Land, trees, and homes, and zoned "R-2" One and Two Family Residence District. West — Vacant land and homes, and zoned "R-2" One and Two Family Residence District and "R-3, R -P" Planned Multiple Residence District. The request would not require any buffering by ordinance standards. The proposed vacate would not appear to have a negative impact on drainage. Page 1 of 3 Page 194 of 268 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF Vacate- Idaho Street and MLK Drive June 3, 2019 The surrounding area is vacant land to the south and west. The homes to the north and east of the project site were primarily constructed in the 1960's. The eastern side of the proposed parcel is located in the 500 - year and 100 -year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 C0193F, dated July 18, 2011. The proposed Dollar General building location is not located within the 100 -year floodplain. Highland Elementary School is located 0.73 miles to the south, George Washington Carver Academy is located 2 miles to the northeast, and East High School is located 1.1 miles to the east. There is a trail head for the Martin Luther King Jr. Trail abutting the site. This trail head will remain. There is a 15" sewer line and (5) 48" X 50' drainage culverts just north of the project site. There is also an 8" water main along the west side Idaho Street with an existing stub underneath Idaho Street that connects directly to the project site. In addition there is an 8" water main along the north side of Willow Street as well. The Future Land Use Map designates the area as Mixed Commercial: Medium to High Density Residential, Professional Office and Compatible Commercial, and this request would be in compliance with such designation. The request to vacate a 1.47 acre drainage easement and City right-of-way would not appear to have a negative impact on the neighborhood or traffic conditions in the area. The section of drainage easement and right-of-way proposed to be vacated is no longer needed for public purposes, drainage, or transportation purposes. The area is excess right-of-way that was acquired for the construction of Martin Luther King Jr. Drive, and is adjacent to a tributary of Blowers Creek. The vacated area will provide for the redevelopment of the site as a new Dollar General store. The Planning and Zoning Commission recommended unanimous approval to vacate the City Right -of -Way and easement at their regular meeting on May 7, 2019. There would be no platting required in relation to the request. Page 2 of 3 Page 195 of 268 June 3, 2019 RECOMMENDATION: Therefore, staff recommends the request to vacate a 1.47 acre drainage easement and City right-of-way be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The right-of-way is not needed for transportation or drainage purposes. 4. The request would bring new economic development opportunities to the area. Vacate- Idaho Street and MLK Drive Page 3 of 3 Page 196 of 268 City of Waterloo City Council June 3, 2019 M-2 01000Jili -3 RI R -P 11111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111 111111111111111111 11111111111111111111111111111 11111111111111111 uuuuuul uuuuuuuuuuuu11111111111111uuul uuuuuul uuuuuul 1111111111 1111111 1111111111 1111111111111111111111111111,111111111111111111 111nllllllllllllllllllll� 1111111 111111111111 A-1 11111111111111111111111111111111111111111111 1111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII X111111111111111111111111111 11111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �1111111111111111111111111111�11 I 111111111111111111111111111111101111111111111111111111111111111111I C-1 111111.1 11111111111111111111 M -2,P 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1111111111 111111111111111111111111111111 (1111111111 jiii iii iiliuliuliuli!uliuliuliuliuliuliuligIIuliuliuliuliuliuliuli!uliuliuliuliuliul .,1 C.72 11uvullluule lppl 11 NIIIIIIIIIIIIIIIIIIIII11111111111111111 11111111111111111111111 11uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuul 11111111111""" llllllllllllllllllllllllllllllllllllllllllllllllllimllulllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllf A-1 A-1 A-1 mu III111Illllnlllllllllllllll A A-1 M-1 111111111111111111111111111111111111111111111111I,� (IIIIIIIIIIIII R-3 R-3 CII II II II II IIIIIIIl1111llno. 2.. umom11umiiiiiiiiiiiiiiiiiimm111111111111111111 1111111111111111111 C-2 uuuuuuuuuuuuuuuu.uuuuuuuuuuuuuuldluuuuuuuuudlluuuuuuuuuuul 11111111111111111111 1111111111111111111 IIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII (IIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII C -Z i "�YWIN4alhNdi011....,,,, 111111111111IIII�� 111111 IHE 1111111111111111111111I111111111111111111111111111111111111111111111111111111111111111111111111II111111111111I VI VI VI I„ „„ IIIIIIIIIIIIIIII VI VI VI VI IIIIVIIIIIIIIIII1I VI VI VI VI 1VIIVIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111111 -Z M-1 M-1 alp ��o�m�Ju�, 4 amumM�'mxpiu�'�uuurJ�M� rloo Near the Interesction of MLK Jr Drive and Idaho Street Vacate Right -of -Way DGOGWaterlooiaioo32o18 LLC Page 197 of 268 "iii Vp'lll��lyl., 'ail �NI�JIV�IV�'�I�91NI�J'iri�;� M'� Ilpi��l'�I III�'il'IN�Oplld'Va°"". IIIIIuIiI�M��� ���q'IM� iYl Request to Vacate approximately 1.47 acres of excess right- of-way at the northeast corner of Idaho Street and MLK Drive ��IIr�:N11111 111111111 YVplld,lrlll 110,0I''II' ?pltl I�NI ” VIIIJI P I11I111i°I, YNIIII 11111...a Nicholas Street u 1 Itill '!'IY�'Yi'I�g�l vil p�Vi��JVivl'',ui1;1111"V� 1�,01y;��!'�ti��i�';i lug"��VIV!1"rVn,11„ ,�,. lup0'110�0���; ; ul,ll{rly�l'� lu4' ^II��m'� �m �u �° ul �i�,mlo lul�lurl IUVIIIJ IVIV 4 um �����V�'NNV�W�il�llllV j YV��IIu'I�il d��a IuIN4Vll �l °h luVl�lll�l���w�lu�i� IIIVII N'�IN o VG V u v" I �Illlilii^�u0!'wwwwwmx,�. 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Egr'111591:11a ;g-I��7G Ati2:;,i'..;;1Prill'it,, ���vvrlI�',7�IC����[rrO� ini+'Ikh�g1��r^�rC7mx 1-,_1: 1.� Q [.� FT1 r*ti #h {j ISti ;:liai-:-:01:1:,-:Uhi � � rPti4 ie- C} rIlov;,m,1io+o ! x! A ,5,1'7'f-7 ;; ---1 ` s 1301ANW011d1813d 0 0011 z z Pa r n o 14 AoFi 0Ann -v O o cn 0 rn ,;f`' FILED IN MAP DRAWER -pawl!) BY: MICHAEL R. IMAGO, USN TECH, 501 SYCAMORE STREET, Suite 222, WATERLOO, IOWA, 50703, 319-232--6531 NE9T000-6TN atTd 11UO03U H1IWS "1 3IONvS v A u�no J H plata '�5,,� }}�, �'a/'� yE 10 i �+OUyvjd 00' L ` . +�;wv 'Red WV 9Y��: of F1�Jy nrn•■ 6F1}O'1{8/ /G+O/4/�' 0 xJ:papTi o+.+4,1uy1 N3D 4 e Al I OV Y L g Y J O Y :GI I 0 0 4 lIflIH 11111131 Blllq' III 1plllllltll p, 00ed Page 199 of 268 Applicant: City of Waterloo tanning & Zoning Department 715 Mulberry Street, Waterloo Iowa 50703 (319) 291-4366 11M Offer to Vacate and Purchase City Right -of -Way 11 Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreeme DI Sale of City -Owned Property 44 Address: POPP. Phone No.21, General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: ,111 of' 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • ight-of-way vacation — One Hundred Seventy Five Dollar0175-.-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 re s dived to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2, Offer Price* ate: if the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the uilding & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions O May decrease price by 50% for area located within an easement: O May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): o 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 p ,rchase City right-ofway must be accompanied by a signed "Intent to Vacate" form for each abutting proper-ty 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 ai d 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: . Other: Please pro ide additional const tip e and/or aerial photo of the area to be vacated if the request involves reason for the request. Applicant 2, Date Date *Not required for easement vacates sidewaik vacates or Encroachment Agreements Page 200 of 268 CITY OF WATERLOO Council Communication Request by the City of Waterloo to rezone 20.88 acres of land from "A-1" Agricultural District to "M -2,P" Planned Industrial District, located northwest of 4455 Remington Road. City Council Meeting: 6/17/2019 Prepared: 5/28/2019 REVIEWERS: Department w N. an n m.ng Clerk Office ce ATTACHMENTS: Description (.., uncil P ack et SUBJECT: Submitted by: Recommended Action: Reviewer S Ch.rOe_'f er, A . is ve v I.. , c. vile. Action Approaved. Approve Type 6,..../over .M Date 5/29/2 ,,,,,, 9:53 A 5/29/2 ,,,,,, 10:22 A M Motion to receive, file, consider, and pass for the third time and adopt 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 rezone of certain property, located northwest of 4455 Remington Road. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request by the City of Waterloo to rezone 20.88 acres of land from "A-1" Agricultural District to "M -2,P" Planned Industrial District located northwest of 4455 Remington Road. The area is zoned "A-1" Agricultural District and has been zoned as such since being annexed to the city in 2018. Surrounding land uses and their zoning are as follows: North — Agricultural zoned "A -L" Agricultural -Limited District by Black Hawk County, "A-1 "Agricultural District and "M -2,P" Planned Industrial District. South — Agricultural, Union Pacific Railroad, and Commercial zoned "M - 2,P" Planned Industrial District. East — Commercial zoned "M -2,P" Planned Industrial District. And a quarry zoned "A -L" Agricultural Limited District. West — Commercial zoned "M -2,P" Planned Industrial District. The applicant is requesting to rezone 20.22 land from "A-1" Agricultural District to "M -2,P" Planned Industrial District. The Planning, Programming, and Zoning commission recommended the land be annexed to City of Waterloo on June 5, 2018 with the City Council approving the annexation on Page 201 of 268 Summary Statement: July 30, 2018. When land is annexed into the city it is automatically zoned as "A-1" Agricultural District and therefore needs to be rezoned to match the zoning in the surrounding area. BMC Aggregates located to the northeast of the site is not opposed to the rezone but wants staff to know that when potential businesses are looking at the site they be made aware of that BMC does blast rocks at their facility. Therefore, staff recommends that the request by the City of Waterloo to rezone 20.88 acres from "A-1" Agricultural District to "M -2,P" Planned Industrial District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 4. The request would appear to have a positive impact on the area by providing more industrial development options on a site already served by multiple infrastructures. At the May 7, 2019 meeting of the Planning, Programming and Zoning Commission the request was unanimously recommended for approval. Expenditure Required: None S ource of Funds: N/A Policy Issue: Zoning, Land Use and Economic Development. Legal Descriptions: The Northwest 1/4 of the Southwest 1/4 of Section 15, T 89N, R12W, except the North 1/2 thereof, Black Hawk County, Iowa. Page 202 of 268 May 7, 2019 REQUEST: Request by the City of Waterloo to rezone 20.88 acres of land from "A-1" Agricultural District to "M -2,P" Planned Industrial District located northwest of 4455 Remington Road. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to rezone a recently annexed property DESCRIPTION: from "A-1" Agricultural District to "M -2,P" Planned Industrial District to match the surrounding zoning. The proposal would not appear to have a negative effect on the surrounding area as the area is primarily industrial. IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The site is TRAFFIC served by Elk Run Road which is a Minor Arterial. CONDITIONS: RELATIONSHIP TO The nearest recreational trail is along the north side of Martin RECREATIONAL Luther King, Jr. Drive. There are no sidewalks located in the area. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: The area is zoned "A-1" Agricultural District and has been zoned as such since being annexed to the city in 2018. Surrounding land uses and their zoning are as follows: North — Agricultural zoned "A -L" Agricultural -Limited District by Black Hawk County, "A-1 "Agricultural District and "M -2,P" Planned Industrial District. South —Agricultural, Union Pacific Railroad, and Commercial zoned "M -2,P" Planned Industrial District. East — Commercial zoned "M -2,P" Planned Industrial District. And a quarry zoned "A -L" Agricultural Limited District. West — Commercial zoned "M -2,P" Planned Industrial District. The area consists of Industrial uses built between 1952 and 2009. No buffering will be required for this request. DRAINAGE: A drainage plan will not need to be submitted for this request. FLOODPLAIN: NW of 4455 Remington —Al to M2P The property is not located in Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0283F, dated July 18, 2011. PgDge26q of 268 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: NW of 4455 Remington —Al to M2P May 7, 2019 The nearest schools are Highland Elementary located 2.6 miles to the southwest, Bunger Middle School located 2.42 miles to the southwest and East High School located 3.62 miles to the west. The nearest open space is the Spring View Park located 2.44 miles to the south. There is a 24" sanitary sewer line that runs from 4455 Remington Road along Remington road before turning south about halfway down Remington road to the south of property to be rezoned. There is also a 18 — 24" storm sewer located in Remington Road along with 4" drain tiles located on each side of Remington Road. The Future Land Use Map designates the adjacent area as Industrial however, the property in question was just recently annexed and is not included in the Future Land Use Map. The applicant is requesting to rezone 20.22 land from "A-1" Agricultural District to "M -2,P" Planned Industrial District. The Planning, Programming, and Zoning commission recommended the land be annexed to City of Waterloo on June 5, 2018 with the City Council approving the annexation on July 30, 2018. When land is annexed into the city it is automatically zoned as "A-1" Agricultural District and therefore needs to be rezoned to match the zoning in the surrounding area. BMC Aggregates located to the northeast of the site is not opposed to the rezone but wants staff to know that when potential businesses are looking at the site they be made aware of that BMC does blast rocks at their facility. The applicant is not planning to subdivide the property at this time. Therefore, staff recommends that the request by the City of Waterloo to rezone 20.88 acres from "A-1" Agricultural District to "M -2,P" Planned Industrial District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 4. The request would appear to have a positive impact on the area by providing more industrial development options on a site already served by multiple infrastructures. PgDge264 of 268 City of Waterloo Planning, Programming and Zoning Commission May 7, 2019 III t II ! � „� I^ 1« ,• it "„�', ,,,.,, I I, 1,. n r^ I r1 d C I I.I,� u•' 1 a ax l.. �PflN'��'�'mN�d� • I■�•P,n�y,�M'�"I, ■ � �NdunN NiW r dl ul �f'�44I�"p'p,•�II,,,y�,,yr�v�;,';��^�,I,��'�!p� ''r���;i �;�1',;'v��P�!"�;�i°�yl';��r��l���`''�I(I, ��'V;�!�I�,IIY�'lhl�'��, i;l'p���J;„��,U''�p,Nr, �I w ° r I ra 11 ',;�,I�!��fi� �^ Pi�l� 1,r'V �I �I� � �°+, lq+��m�'•I'I �U)lV lut i�l'I�ftli vlar ';,1 ul II I .4 a 111 1 1 vl t 1 � 11 ,11 I I 1111i6'l1,1 ractorrywWo r 4 I'i 11 �I Ik IIIIm4uMuu l", 1111 p1 �11 �Y 1 III ' 1 !"'.;!I mlflluiB"''uw,Mi^11111's,,' NIV NIIIIIIY i' «N �'�1�r,lo1�IVVlrV'; �,;'I' I irIIW!�Ii" NNIS 17,0''M11111,11,111,ry6'uuXsin,1111,NlIw,11,1°II', City Limits I �'i�Gi!�IAIrI rld 711, Area in Question '1,,10,0141111110111010010111, IIIIIII�IIII' "'lllllll uull�N'n'd9�� �INIIII�IW'�IIiV'liiiiltil, IIU I,,11111""!Illllillllii'1,11llllillll',11, "aY�l�ryw,1 Remington R�a ilillliiiiiliillll lr' il1��i011• 111'!Ii�N'III�II�IIY Ir I14�i1'ilivflllj'I�I�!NvP;;Wlll „Uilluilillllllll;'�jiii�llllll ' i' I I"1, ,vllll, Idllulld ���II11��� a�l' I�II,��',li � I I 1;,1•• v • •• III• 'I• �II. l, ,Il• � lllili�l� l IlI"uu°�l�,V��II�I I,II,� lilw'„'1,1,I 11I1I1 ��IIP'' �I. 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N A'NNNuIuNN °IVP ��pll'iIIIIIIIuVIIm l�lill I � uuuul�lll 1 � lig I�' I I dWN�� IIII liiiiil IIIIIIIIIIIIIIIIIII�������I'� 5 , r, , . ,'Y I aN^ IN�uuumuuuuu w' ” l u IIIIIIully ..I9�VIG. .III!IPu 9111911Ph uV�l"", �..., ii M II �Im �i '"�' ',��� 1.0..... i,Gy;���l;"pIWW�IIhII� vW � '�"Ilx•gll..�,yu !°' m mI rMrWI„ , µm „rWllllpuliiilliljO'u'I�W' d�ol,01 I .' x Imlml'9pp 11I,ddn cdl� ry"pu � p , awnn•nAM R" "N""mmN ru�:mlml NEWELL ST NEWELL ST NEWELL ST 1111111111111111111111111 00000.01 000010000000 -.111111 1111411, dYi p,1g11 m ��W� Iw'I Y' �S1a w tl.11,111Wr,,,,y'^I,,lir hNlwiN, r',���;1m,'Iplr°r'�1',y"�r{tW1%,d1�' rcd�V, Rl 500 250 0 500 Feet 111111111111111111111111111 NW of 4455 Remington Road Rezone A -i to M -2,P City of Waterloo Page 205 of 268 City of Waterloo Planning, Programming and Zoning Commission May 7, 2019 1,000 500 0 1,000 Feet NW of 4455 Remington Road Rezone from "A-1" to "M -2,P" City of Waterloo Page 206 of 268 Rezone NW of 1944 Remington Looking northwest from Remington Road. �Io f ( fl l am li 111 qi 111111 I ,uu1m 4111111 III II uiiiiji �)" a IIIIIYItillll)I 1 �Il�illdiiluuli,'t t.......'���I��uiimiuuuuupullu4ulVolYfl�,�mwm�l�+ '� II., 9VI"Upl„luu mMuuul 1(,'I Il�r(lllllluud III u(!'iii1111iiI)luuuuuuuul ul; lumliiim uuu i” uv f I III 1 If�pIUII �v^ �fl ���I���! �1�PlII"III � I� �; III II�Y� W"W III I II��I�IIIIIIIIII�IIIIIIII�I I'lll IIII �lll ' " 1�"'"' X1111 IIIA Q r Ir I�IIIII iw p, ul I u �iir I'' Ili uVll I... III!!! II 11IU NffII M1 ll� I d�IIIIIIIPv� u!IIIII�IInIWl111lllllll I�dtlll�ul uuUflilll(I lullll6 I fl� Ph I;hn,i / Nf ,11111111 WWhhhohl91V� r��4fIIC�VkY 'h�1�l1 Looking north from Remington Road. I 1 tll Ir riy,pVl ul fl(f((�IYudf41(IuIWEII h.h•-•Nsuluw• oul "flflirl �IYII(II� C�IWlllili RN oyl un9fl(��I P�+ aiY dfll °I gal ,�l a Y,1> YhlwYlrl ��Huur� �VI�II�II���P�"��M17I��II�flV����II�QfIYmlwnlllfll�" �^�rilrl��illlai�l��� rvl��- Looking east from Elk Run Road. Illlll�pil I1111111111111111111111111111111111I 111111111111111111111111111111111111111111111111111111111 atm Mom 1 111111111111111111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 rile IIIIIIIIIIII I I �� mmmmmmm� IIII III IIII 111111 VIII1111111 Np � °w. Looking northeast from Elk Run Road. Page 207 of 268 I�J p,ulllllluull � .. , rI!I"�Igpu Ittn'�iiIIIII ;i,,,,,I "1 p IIIIIIIIII^III I I jlli�i Pre I��yd uIAV I uNI ilrlllpuuimm I�IIIII �iigU�.�;1 ull�uuuiinll „u�"��I lii�l,u i Illljijiii'jji If � Illilll'llll Looking from Elk Run road at the BMC Aggregates entrance. nir�ii I 1 i III iiui llllllr�lllllllllllllllllllllllllll �hm r mrri III �IouuNVl�urcllVilii41i '��IVfltlll mi III�((�I Ilii, ^�11V ulFll ', II„ Mr IIIiiINIIIVI�1I1 I�1VIIIIIIIIIIM Looking south from the MBC Aggregates driveway. Page 208 of 268 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): Cril OP W irre4t.-00 Address: 1I (VNLI3F2R S-7 Phone: 31, — @, )— L.13(01, Fax: City: LAA -70.1,450 State: Zip: 6O-703 b. Status of applicant: (a) Owner )( (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: t/NJ cP L-11-1 eswo/Nlir-To b. Legal description of property to be rezoned: Njk)S1") 6•)( (A..) FT Pi4L- 14G- (A) (ltr ISi4 (i9 ..a 4- Occ_ da -7141.2. eor:' c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): c90, 14cer5 e. Current zoning: Requested zoning: fv,61 f. Reason(s) for rezoning and proposed use(s) of property: g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of erjury that all information on this request and submitted along with it is true and correct. All information submitted ill be used by the Waterloo Planning, Programming, and Z.. Commission Commission and the Waterloo City Council decision. The undersigned authorize City ficials to enter the prop- u- : fo 1 regars to te equest. Signature of Applicant 2L -J,1? Date Signature of Owner Date Page 209 of 268 CITY OF WATERLOO Council Communication Request by MMS Consultants, Inc., on behalf of the City of Waterloo, for a Site Plan Amendment to the "M - 2,P" Planned Industrial District for the construction of 416,678 square feet of warehouse, office, and maintenance buildings, located east of 1994 Newell Street. City Council Meeting: 6/17/2019 Prepared: 5/28/2019 REVIEWERS: Department P laming & Clerk Office ice ATTACHMENTS: Description :::ibis.. CI Stan" „R„.eport CI Overview i Aerial Maid ▪ JPr f i.c Options ▪ t6 distances ▪ Sanitary ,ewer CI Water CI Water ▪ ,....,,ega _ esciI'"Jlli t]�I .. ▪ i.....,,e a i.: e criptit rm. CI P mctures v ▪ .\pp scat mem SUBJECT: Submitted by: Recommended Action: Reviewer S ehm.. oedlcr, . .ric Even, 1..J. n n Action pprovc Approved Type Coven no Cove'. Cove over C over .Cover o �....,over .C. 1C/ OVer Covera: To ,,..,over Mcnio Date 5 v 9:5 `5/29/20 I ,,,,,, 0:2 A M: Motion to receive, file, consider, and pass for the third time and adopt an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by MMS Consultants, Inc., on behalf of the City of Waterloo, for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of 416,678 square feet of warehouse, office, and maintenance buildings, located east of 1994 Newell Street. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted herewith is a request by MMS Consultants, Inc., on behalf of the City of Waterloo for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of a 416,678 square feet of warehouse, office and maintenance buildings located east of 1994 Newell Page 210 of 268 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Street. The applicant is requesting a site plan amendment in order to c o ns truc t 416,678 square feet of warehouse, office and maintenance buildings with 204,160 square feet in the initial phase and 212,518 square feet in future phases. None N/A Land Use and Economic Development, policies 1, 3 and 4. N/A The applicant is requesting a site plan amendment to build a multi -p has e facility with phase 1 showing 204,160 square feet warehouse, office, and maintenance building in the Northeast Industrial Park Plat 4. The site will consist of a 187,500 square foot warehouse and attached 6,326 square office in addition to a 10,194 square foot maintenance building. The site plan also shows 389,426 of parking area, and 603,940 square feet of green space. Phase 2 would include 62,518 additional square feet of warehouse space and additional parking. Phases 3 and 4 would each add 75,000 additional square footage to the site and additional parking. Parking requirements include 1 space per 2 regular employees, for warehouse, 1 space per 300 square foot of o ffic e space, and 1 space per 500 square feet of maintenance space. The site plan estimates a need for 78 parking spaces but includes 141 parking spaces. Truck traffic will be using Newell east of the site. A left turn lane is being proposed for truck traffic turning into the facility and the applicant will work with the city traffic department to study what other improvements will need to be made to Newell east of the site.. Approximately 120 trucks per day would be traveling between the facility and the John Deere factory. Only 6 trucks per day would be heading westbound and the company has been informed that the preferred route for these trucks would be to use MLK Jr. Drive, Northeast Drive, and Newell Street to reach the facility. The buildings do meet setback requirements for the district. This would be the 4th facility of its kind the company has built with two of them in the state of Iowa and the other two in Wisconsin and South Carolina. The company intends to build the office first and is looking to have office space that is nicer quality building than typical warehouse type o ffic e space. Neighbors have expressed some concerns about the buffering between residential areas to the west and the proposed site and want to insure the city keeps to its agreement to limit truck traffic along Newell to the west of the site. Page 211 of 268 Staff understands the issues that the people along Newell have with trucks and is not looking to put any more trucks on Newell west of the site. Staff has received 8 calls from neighbors and once informed that a majority of the truck traffic would be heading east, and that the small number of trucks heading west would be instructed to use MLK, Northeast, and Newell to the site were satisfied that everything was being done not to direct truck traffic toward the residential areas. Staff also understands that with US Highway 63 closed that some trucks are probably using Newell more at the present time but once US Highway 63 reopens conditions should improve. At their May 7, 2019 meeting, the Planning, Programming and Zoning Commission voted 6-0 to recommend approval of the request. Therefore, staff recommends that the request for the site plan amendment for 416,678 square feet of warehouse, office, and maintenance 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 request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designate it as Industrial. 4. The development would appear to be similar to adjacent industrial development in the area. And with the following condition: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. 2. The applicant work with the city traffic department to design roadway improvements to the section of Newell east of the site. 3. The applicant attempt to design the entrance and exit to the facility so that trucks are encouraged to turn east on Newell Street. A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 20, AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, ALL OF TOWNSHIP 89 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Comer of Section 20, Township 89 North, Range 12 West, of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa; Thence N89°37'44"E, along the North Line of the North One -Half of the Northwest Quarter of said Section 20, a distance of 194.41 feet, to the Northeast Comer of the West 194.40 feet of the Northwest Page 212 of 268 Legal Descriptions: Quarter of said Northwest Quarter, and the POINT OF BEGINNING; Thence continuing N89°37'44"E, along said North Line, 1438.95 feet, to its intersection with the Northwesterly Projection of the Westerly Line of Northeast Industrial Park Plat No. 1, in accordance with the Recorded Plat thereof; Thence S21° 11'38"E, along said Northwesterly Projection and Westerly Line, 418.76 feet; Thence S00°25'27"E, along said Westerly Line, 429.01 feet; Thence S 17°25'06"E, along said Westerly Line, and the Westerly Line of Northeast Industrial Park Plat No. 3, a distance of 381.06 feet, to the Northern most comer of Parcel "D", in accordance with the Recorded Plat thereof; Thence S07°22'08"E, along the West Line of said Parcel "D", 616.47 feet, to the Southern most comer thereof, and a Point on the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in CLD Book 671 at Page 953 of the Records of the Black Hawk County Recorder's Office; Thence N59°59' 13"W, along said Northerly Line, 200.00 feet; Thence S 30°00'47" W, along said Northerly Line, 15.00 feet; Thence N59°59' 13"W, along said Northerly Line, 226.13(M) 224.55(R) feet; Thence Northwesterly 927.38 feet, along said Northerly Line, and the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in LD Book 572 at Page 367 of the Records of the Black Hawk County Recorder's Office, on a 1074.93 foot radius curve, concave Southwesterly, whose 898.88 foot chord bears N84°42'08"W; Thence S36°48'47"W, along said Northerly Line, 65.54 feet; Thence Southwesterly along said Northerly Line, 231.76 feet along a 1039.93 foot radius curve, concave Southeasterly, whose 231.28 foot chord bears S 61°11'41"W; Thence S 54°48'37" W, along said Northerly Line, 137.26 feet; Thence S 64°22'40"W, along said Northerly Line, 391.07 feet, to the Southwest Comer of Parcel No. 1, as Recorded in LD Book 572 at Page 364 of the Records of the Black Hawk County Recorder's Office; Thence N00°58'42"W, along the West Line of said Parcel No. 1, a distance of 586.87 feet, to the Northwest Comer thereof; Thence N88°46'24"E, along the North Line of said Parcel No. 1, a distance of 29.87 feet; Thence N89°37' 11"E, along said North Line of Parcel No. 1, a distance of 194.41 feet; Thence N00°58'42"W, along said North Line, and the East Line of the West 194.40 feet of the Northwest Quarter of the Northwest Quarter of said Section 20, a distance of 1325.52 feet, to the Point of Beginning. Said Tract of Land contains 61.03 Acres, and is subject to easements and restrictions of record. Page 213 of 268 zligU EEO O .J op ou qgy 8. .9 CO V7 O O Q W i L 1 Z O U J W Q aJ � J � p Z w J 0 C7 3 .:E \ Z1��uny 8 O w w N o o Q � 0,imd ,,,:c,< Z y E 3 (PROJECT ARCHITECT: JET THE INFORMATION CONTAINED HEREIN T J OF A PROPRIETARY URE AND IS SUBMITTED IN CONFlCE FIXi USE BY t357ai)'7gs CLIENTS OF MON DITECTS, INC. IXT1E OFE DOCUMENTS ANHERJECTS, PURPOSEOCANCATON, REPROTIORIBUPON INDINDUAL OR ORGANIZATION NITHOUT NRITTEN PERMISSION FROM MODERN DESIGN ARCHITECTS. INC. IS PROHIBITED. THE INFORMATION HERpN REMAINS THE PROPERTY OF MODERN DESIGN ARCHITECTS. INC. ANO ITS USE OR DISCLOSURE TO OTHERS IS PROHIBITED FOR ANY USE NOT `ANTHORI]FD RY MODERN DESIGN ARCHITECTS, INC. SHEET TTLE. OVERALL SITE PLAN p EL U W N F Q o O z IcEl < o Z OJa `O 2 O°- rV < 1..` Z W< 0 — z— <� D W 0 Z Jim Owo O I- 0< Z O± U~ 0 a � � U o � 000 FUam��vZ wU .SEE ARCHITECTURAL PLANS FOR COVENANTS WAREHOUPA 1 SSE CES REQUIRED PER 2 REG EMPL (73 EMPL x 0.5) 37 SPACES OFACE 1 SPACE REQUIRED PER 300 (6,326 SF / 300) 21 SPACES VEHIC1LESPACE M NET REQUIRED PER 500 (10,194 SF /500) 20 SPACES Co 60 0 COQ +0o GF TFIE DEVELGPME REGGRDED IN 60� _ _ _50_'22'OB_E_ _ - 61 - 51 25 p6,E 500'25'27"E 429.0 (R)( j 11111111111111111/IIIIIII IIIIIIIII IIIIIIII IIIIIIIII IIIIIIIII IIIIIIII IIIIIIIII 111111 IIIIIIII IIIIIIII IIIIIIIII IIIIIIII IIIIIIII IIIIIIIII IIII IIIIIIII IIIIIIIII IIIIIIII IIIIIIIII IIIIIIIII IIIIIIII IIIIIIIII 111111 IIIIIIII IIIIIIII IIIIIIIII IIIIIIII IIIIIIII IIIIIIIII IIII1111111111111111111111111 ��������� 11111111111111111111111��� ������ 11111111 1111111111111111 �������� 111111111111����� ���� ‘Nsm N60'58'42"WT 135.52' o ; EAST LINE OF THE WEST 194.40 FEET OF THE TYES7 194,Z0 FEE7 OF ME MW 1\\Z = N00.58'42"W 586.87,R.) N00.5,42 T May 7, 2019 REQUEST: Request by MMS Consultants on behalf of the City of Waterloo for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of a 416,678 square feet of warehouse, office and maintenance buildings located east of 1994 Newell Street. APPLICANT: MMS Consultants Inc, 1917 S Gilbert Street, Iowa City, IA 52240 GENERAL The applicant is requesting a site plan amendment in order to DESCRIPTION: construct 416,678 square feet of warehouse, office and maintenance buildings with 204,160 square feet in the initial phase and 212,518 square feet in future phases. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use of the area as the site has SURROUNDING been zoned Industrial since 1995. LAND USE: VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by Martin Luther King Jr. Drive to the south and Newell CONDITIONS: Street to the north, and both streets are classified as Minor Arterials. As part of the project Newell Street will be improved east of the plat site. Approximately 120 trucks per day would be using the facility heading eastbound to the John Deere factory. Only about 6 trucks a day would be coming from the west and the company has been told the preferred route would be MLK Jr Drive, Northeast Drive to Newell Street in order to avoid truck traffic using Newell west of the site. A 3 -way stop will be created at the entrance to the facility with a left turn lane from westbound Newell Street into the facility and the speed limit reduced on Newell Street from 45mph to 35mph. RELATIONSHIP TO The Martin Luther King Jr. Drive Recreational Trail is located to the RECREATIONAL south of the proposed plat along the north side of the roadway. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area in question is zoned "M -2,P" Planned Industrial District FOR SITE AND and was rezoned from "A-1" Agricultural District in October of 1995. IMMEDIATE VICINITY: Surrounding land uses and their zoning are as follows: North — Vacant development ground, zoned "A-1" Agricultural District. South — Vacant development ground, zoned "M -2,P" Planned Industrial District. East — Existing industrial development, zoned "M -2,P" Planned Industrial District. West — Vacant development ground zoned "A-1" Agricultural District, and residential development further to the west zoned "R- 2" one and Two Family Residential District. E of 1994 Newell St — SPA Page 1 of 4 Page 215 of 268 DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: E of 1994 Newell St — SPA May 7, 2019 The area is comprised of agricultural land, industrial development that has been constructed in recent years and the City View Heights Subdivision that developed in the 1940s and 1950s. No buffer will be required for this request. A drainage plan will need to be submitted to the engineering department. No area is in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0193F, dated July 18, 2011. The nearest schools are Highland Elementary 1.4 miles to the southwest, George Washington Carver Academy is located 2.43 miles to the northwest, Expo Alternative High School is located 1.09 miles to the southwest, and East High School is located 1.83 miles to the southwest. Springview Park is located 0.3 miles to the west of the proposed development. A 60' utility easement that extends from Martin Luther King Jr Drive to Newell Street along the proposed driveway which currently has a 24" Sanitary Sewer line and a 36" storm sewer line. There is also water at the site. The Future Land Use Map designates this area as Industrial. The plat would be in conformance with the Comprehensive Plan and Future Land Use Map for this Area. The applicant is requesting a site plan amendment to build a multi- phase facility with phase 1 showing 204,160 square feet warehouse, office, and maintenance building in the Northeast Industrial Park Plat 4. The site will consist of a 187,500 square foot warehouse and attached 6,326 square office in addition to a 10,194 square foot maintenance building. The site plan also shows 389,426 of parking area, and 603,940 square feet of green space. Phase 2 would include 62,518 additional square feet of warehouse space and additional parking. Phases 3 and 4 would each add 75,000 additional square footage to the site and additional parking. Parking requirements include 1 space per 2 regular employees, for warehouse, 1 space per 300 square foot of office space, and 1 space per 500 square feet of maintenance space. The site plan estimates a need for 78 parking spaces but includes 141 parking spaces. Truck traffic will be using Newell east of the site. A left turn lane is being proposed for truck traffic turning into the facility and the applicant will work with the city traffic department to study what Page 2 of 4 Page 216 of 268 May 7, 2019 other improvements will need to be made to Newell east of the site.. Approximately 120 trucks per day would be traveling between the facility and the John Deere factory. Only 6 trucks per day would be bringing parts in from outside Waterloo and those trucks will primarily be coming via Interstate 380 to Elk Run Road. The buildings do meet setback requirements for the district. This would be the 4t" facility of its kind the company has built with two of them in the state of Iowa and the other two in Wisconsin and South Carolina. The company intends to build the office first and is looking to have office space that is nicer quality building than typical warehouse type office space. A neighbor has expressed concerns about the buffering between residential areas to the west and the proposed site and wants to insure the city keeps to its agreement to limit truck traffic along Newell to the west of the site. A second neighbor called and requested that the item be tabled so that they could have more time to look over the proposal and make comments. The caller stated that they would like to see the trucks enter and exit on MLK Jr. Drive instead of Newell. The community pressed for MLK JR Drive to be increased to 45mph to encourage truck traffic to use it instead of Newell and pushing a large amount of slow accelerating trucks from the site onto MLK Jr. Drive would create a significant safety issue. An acceleration lane could be added to address the west bound traffic but a majority of the traffic would be taking a left turn out of the site onto MLK Jr. Drive. This could result in MLK Jr Drive needing to have its speed limit reduced for safety reasons and increase congestion in the area causing trucks drivers on tight schedules to look for alternative routes including Newell. Staff is also not supportive of tabling the requests as neighbors have sufficient time before the Planning Commission meeting to review the request, and will also have significant time after the Planning Commission to make their recommendation before the time will be set for a hearing before the City Council. Staff has concerns with this proposal as it would require 120 trucks per day to turn left across MLK Jr. on a curved section of road and would most like require a traffic light to be installed on MLK JR and possibly an acceleration lane for trucks heading westbound from the facility. In fact the proposal could result in the speed limit needing to be reduced on MLK JR due to the amount of turning operations that will be created. Staff understands the issues that the people along Newell have with trucks and is not looking to put any more trucks on Newell west of the site. Staff has received 8 calls from neighbors and once informed that a majority of the truck traffic would be heading east, and that the small number of trucks heading west would be E of 1994 Newell St — SPA Page 3 of 4 Page 217 of 268 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: E of 1994 Newell St — SPA May 7, 2019 instructed to use MLK, Northeast, and Newell to the site were satisfied that everything was being done not to direct truck traffic toward the residential areas. Staff also understands that with US Highway 63 closed that some trucks are probably using Newell more at the present time but once US Highway 63 reopens conditions should improve. Platting for the site is being done under a separate action. Therefore, staff recommends that the request for the site plan amendment for 416,678 square feet of warehouse, office, and maintenance 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 request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designate it as Industrial. 4. The development would appear to be similar to adjacent industrial development in the area. And with the following condition: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. 2. The applicant work with the city traffic department to design roadway improvements to the section of Newell east of the site. 3. The applicant attempt to design the entrance and exit to the facility so that trucks are encouraged to turn east on Newell Street. Page 4 of 4 Page 218 of 268 City of Waterloo Planning, Programming and Zoning Commission May 7, 2019 II II II II II II II II. 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WI- 41/14 2141g2°6BEND-6 WM-26 PFROP 8, HP WATEFRMAIN, DIP 8.04' t 16 PROP 90 DEG. COPPER BEND 'IM94195.°2'3' WM-19 2 2 5 PFROP 10', WATERMA21N1,7 42 41 40 3;382307 36 35114 33 o 28 27 26 25 24 23 {g2 21 11, PRT5t13NCOOCDRP. r • , ItittliMM459°5'f4f5ff -21 RAZR1MDAIN, DIP 'WM-22 PROP 2'' r2T2ER ERV CE COPPER 41,AL•24 HP WA TERPMRACITI , 81D'ICP WM-3 FWRA7FE'RM"A9,51N, DIP 102.83' WM-4 WRAZZA'IN 97.51' D' PROP 45 DEG. BEND - 1652,317..856162 45.74' P R F651-1;50 4 5245624.936 R OWPM 6 20 WATERMAIN, D P 2.26' MA, 58 WM-13 PROP 6, WATERMAIN, DIP 162.35' 5+06162636465666768 WM-16 PROP 6', WATERMAIN, DIP 14.52' PROP 90 DEG. BEND -3 N 365,71.079 E 5246171.739 15 14 WM-15- - ---PRA7rR6 ":1N, DIP 44 12 6W3.39' 1 46 36 47 1° 22 35 4-8 r1R(3)1651°07D.625 ND' 54913 E 52460.73J,, 42 43 26 31 27 30 28 29 51 52 53 54 55 56 wm_9 7„RA°rRA":,N, DIP 89.94' (PROP 90 DEG BEND 7 gr4017 P R OWPM WM-31 FH7L8T'ERMAIN, DIP HP WATERMAIN, DIP 269.21' 121.54' 11'\1RZ5VOT2TkR91'3AAIN 46015..671 Page 225 of 268 NV, A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 20, AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, ALL OF TOWNSHIP 89 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner of Section 20, Township 89 North, Range 12 West, of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa; Thence N89°37'44"E, along the North Line of the North One -Half of the Northwest Quarter of said Section 20, a distance of 194.41 feet, to the Northeast Corner of the West 194.40 feet of the Northwest Quarter of said Northwest Quarter, and the POINT OF BEGINNING; Thence continuing N89°37'44"E, along said North Line, 1438.95 feet, to its intersection with the Northwesterly Projection of the Westerly Line of Northeast Industrial Park Plat No. 1, in accordance with the Recorded Plat thereof; Thence 521°11'38"E, along said Northwesterly Projection and Westerly Line, 418.76 feet; Thence S00°25'27"E, along said Westerly Line, 429.01 feet; Thence S17°25'06"E, along said Westerly Line, and the Westerly Line of Northeast Industrial Park Plat No. 3, a distance of 381.06 feet, to the Northern most corner of Parcel "D", in accordance with the Recorded Plat thereof; Thence S07°22'08"E, along the West Line of said Parcel "D", 616.47 feet, to the Southern most corner thereof, and a Point on the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in CLD Book 671 at Page 953 of the Records of the Black Hawk County Recorder's Office; Thence N59°59'13"W, along said Northerly Line, 200.00 feet; Thence S30°00'47"W, along said Northerly Line, 15.00 feet; Thence N59°59'13"W, along said Northerly Line, 226.13(M) 224.55(R) feet; Thence Northwesterly 927.38 feet, along said Northerly Line, and the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in LD Book 572 at Page 367 of the Records of the Black Hawk County Recorder's Office, on a 1074.93 foot radius curve, concave Southwesterly, whose 898.88 foot chord bears N84°42'08"W; Thence 536°48'47"W, along said Northerly Line, 65.54 feet; Thence Southwesterly along said Northerly Line, 231.76 feet along a 1039.93 foot radius curve, concave Southeasterly, whose 231.28 foot chord bears S61°11'41 "W; Thence 554°48'37"W, along said Northerly Line, 137.26 feet; Thence S64°22'40"W, along said Northerly Line, 391.07 feet, to the Southwest Corner of Parcel No. 1, as Recorded in LD Book 572 at Page 364 of the Records of the Black Hawk County Recorder's Office; Thence N00°58'42"W, along the West Line of said Parcel No. 1, a distance of 586.87 feet, to the Northwest Corner thereof; Thence N88°46'24"E, along the North Line of said Parcel No. 1, a distance of 29.87 feet; Thence N89°37'11 "E, along said North Line of Parcel No. 1, a distance of 194.41 feet; Thence N00°58'42"W, along said North Line, and the East Line of the West 194.40 feet of the Northwest Quarter of the Northwest Quarter of said Section 20, a distance of 1325.52 feet, to the Point of Beginning. Said Tract of Land contains 61.03 Acres, and is subject to easements and restrictions of record. Page 226 of 268 A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 20, AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, ALL OF TOWNSHIP 89 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner of Section 20, Township 89 North, Range 12 West, of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa; Thence N89°37'44"E, along the North Line of the North One -Half of the Northwest Quarter of said Section 20, a distance of 194.41 feet, to the Northeast Corner of the West 194.40 feet of the Northwest Quarter of said Northwest Quarter, and the POINT OF BEGINNING; Thence continuing N89°37'44"E, along said North Line, 1438.95 feet, to its intersection with the Northwesterly Projection of the Westerly Line of Northeast Industrial Park Plat No. 1, in accordance with the Recorded Plat thereof; Thence S21 ° 11'38"E, along said Northwesterly Projection and Westerly Line, 418.76 feet; Thence S00°25'27"E, along said Westerly Line, 429.01 feet; Thence S17°25'06"E, along said Westerly Line, and the Westerly Line of Northeast Industrial Park Plat No. 3, a distance of 381.06 feet, to the Northern most corner of Parcel "D", in accordance with the Recorded Plat thereof; Thence S07°22'08"E, along the West Line of said Parcel "D", 616.47 feet, to the Southern most corner thereof, and a Point on the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in CLD Book 671 at Page 953 of the Records of the Black Hawk County Recorder's Office; Thence N59°59'13"W, along said Northerly Line, 200.00 feet; Thence S30°00'47"W, along said Northerly Line, 15.00 feet; Thence N59°59'13"W, along said Northerly Line, 226.13(M) 224.55(R) feet; Thence Northwesterly 927.38 feet, along said Northerly Line, and the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in LD Book 572 at Page 367 of the Records of the Black Hawk County Recorder's Office, on a 1074.93 foot radius curve, concave Southwesterly, whose 898.88 foot chord bears N84°42'08"W; Thence S36°48'47"W, along said Northerly Line, 65.54 feet; Thence Southwesterly along said Northerly Line, 231.76 feet along a 1039.93 foot radius curve, concave Southeasterly, whose 231.28 foot chord bears S61°11'41 "W; Thence S54°48'37"W, along said Northerly Line, 137.26 feet; Thence S64°22'40"W, along said Northerly Line, 391.07 feet, to the Southwest Corner of Parcel No. 1, as Recorded in LD Book 572 at Page 364 of the Records of the Black Hawk County Recorder's Office; Thence N00°58'42"W, along the West Line of said Parcel No. 1, a distance of 586.87 feet, to the Northwest Corner thereof; Thence N88°46'24"E, along the North Line of said Parcel No. 1, a distance of 29.87 feet; Thence N89°37'11 "E, along said North Line of Parcel No. 1, a distance of 194.41 feet; Thence N00°58'42"W, along said North Line, and the East Line of the West 194.40 feet of the Northwest Quarter of the Northwest Quarter of said Section 20, a distance of 1325.52 feet, to the Point of Beginning. Said Tract of Land contains 61.03 Acres, and is subject to easements and restrictions of record. Page 227 of 268 SPA — East of 1994 Newell ql IsV(N wl UI 1 1 N IN� I I rlll V Illi w Nr Ili�l� iY IVNN? SI r u���lf I(�'(t IIIIIIIIioI'f ll' III tiWIN, NIr'wl !i�' �h�nrvw m JIVE V 1� I NY�Iw'14'IYj�W�ji711 011 l w w;u IIID ! n '11111111111110,1,0,0,1..0.!;,,'0" ,0,111,10,y, I nr 1,1,1,1,,,1111111111111111111111111111 Looking from Martin Luther King Jr. Drive toward the northwest. �NIIVNIIINimNllywN➢,I�II��1V��INI��11N11i�1V1�I��i�I�PoI�INMdP)'9h�1Vi�9tlINIVj�WW'yy�N�VVII� w �uq� ' ry�� ' ouuuouuuuuuuuuuuuml uuuuuuu����p��uViuIVIViuIIp�����p�p�����' n nimm�V'��„I�I�I"I' II VIII ^ I'I"������� IrIV�'�IwY'N"III'„r loilr6�'dn ,,I ii'Y I�iry Yllllti' tlIvIIWi• • R�YI������YIV�� a ililuo ��VYI N�ul41Vlloilmv r�'H,�� i1NNViiih r, w 1NNr N' .I• o Ylmll uos 1 pr N9NNNIW N�IIa UNIN96 i, Iswlnl r1u@ '„ NYtl0lNlbiN! rl r � s n+ rr NNII� rl r ul�l� ol� N110011000 0011111111111111111111111111111111111111111111111111111111111100 1111111111111111111111111111111111 ilim000l00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000llillio 1111IuliNls Looking south from Newell Avenue along Northeast Drive 111111101111111111110 11111111111111111111111111111111111111111111111 II 101111111,'111111111111111 oolloloomi 111111111011111100001110 1111111111111010 101 100 111 11111111111 I 1111111111111111111111111111111111111111111111 piu 1111111 11 111111111 '''1111 nriV1M'I li�l I��Ijlilill IIN'd1 ����dll'll�l��:11(Ih;�ll�'NI��IIV'I�IiI��IP-rl� II�'1111II����„„ Illl�liul�,i Illlh��u�w,, 'III,0� � 101111 III �p IwNiNNuu�IN����llll'�� r uuo1� 000000001111010100000000000000000000000000000000000o0000000000000000000000o11100000000000000000o000000000o000o001000000100011101111111111111111111111111111101111111111101111111111111111111111111111111111111111111111111111111111111110111111111111111111111111101001000000,000000,000101010010000 W'. Looking at existing warehouses along Northeast Drive. Looking southeast from Newell Avenue. Page 228 of 268 11 h� I��III IIIII� III'I� IIII�IIIIIIIIIIIIIIIII"'fo'lillll I(lullllll luliii III i VIII (IIII uuuwl.. n i,IPP„(IIIIIIII � ��� Illlli� IIIIIIII�1 Illlllu� ,,,;,, ,,,, Int al 0;IN1,1'1111 Looking south from Newell Street. II o �II Id I��I Yiiil�llll„� �� Hn� l 1111 1,111111111111111111 1 mil Hu III Ili l II I��Il�lll�i�s�lld'?�I��klalcoa����l�l+� fh� h� VIII ^, I II ji uIIIIIV,l+lB IYllyl(Bi(II Inl;�;1NY���I��1Jfi Looking southwest from Newell Street. lil I�'II IIIIII °I III (IIIIIIII II c,;Y NNrvIK° 0 1I I SII II II VIII I I ��� III �yllp miuuuuum'.'I,'uuuuuuuuul fiy � !!!!!!!!!!!!!!!!!!!!lllilll 11111 IIIIIIIIIIIIIII'; IIIIIIIIII IIiuIIllliiilli lililiiliiiiij�ll N ����Ilollllllllllllllll�l�llllllllllJll�l,��'y�lii�i���lliiii�il ��' IIIII1���J II Ih1111 `il+l o IIII 11,11111 III I�lul�I,II�,�I I�;;;; Ill�llllll�hul.11ll IIIIIIII 1111111 `� IIII 111111111111111uu1 111111111111111111U,I (11'11 lll11,11lpllilll unuuuuugpuuuullllllllllll,, !f�lllolp�lllll�;; � IIIIIIIIII(N�II11,1) IIiI�I 111111111111111 Looking east along Newell. IIS "I tiu ISI III 191h11��'lidll�l'lYlju liiiiiiiiiiidiiu IIII III II iiiiiiiiiiliiiiuuuuuuuuuuol 111111!�!IIIIIJJIIIIIIIIIIIIIIIIIIIIIIIIII�����I"''; ,,,,,,,,,,,,,!!!f��jll��llllllll��i�;liiiiillllllllllllllllllll����ll o„II�uuIII�!IIIIIIIIII ul 111 Looking west along Newell Street. Page 229 of 268 APPLICATION SITE PLAN AMEN DMIN 1i A ir "C -P", "B -P", "54" OR "CZ" 1 ISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319,29L4366 New or Overall Amendment Individual Building Minor change (check one) (Minor Change must be approved by staff) I. APPLICATION INFORMATION: a. Applicant's name (please print): Address: Ci State: b. Status of applicant: (a) Owner (b) Other 0 pp, la - one: Si g 101 Fax: Zip: (CHECK ONE): If other explain: Property owner's name if different than above (please print Address: 7 if City: (4. - State: Zi 2. PROPERTY INFORMATION: a. General location of site plan to be amended: b. Legal description of property or portion to be amended: PPP c. Dimensions of proposed site plan amendment: d. Area of proposed site plan amendment: e. Current zoning: f. Reason(s) for site plan amendment and proposed use(s) of property: 11,1' g. Conditions if any) agreed to (does not affect existing conditions unless specified): 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 site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Signature of Owner Date Page 230 of 268 CITY OF WATERLOO Council Communication Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Comer -Casper Avenue from Upland Drive - East side of Casper Avenue in a southerly direction. City Council Meeting: 6/17/2019 Prepared: 6/11/2019 REVIEWERS: Department Reviewer Action Date 'F µatTie Operations Even, eAn.n. Approve 1 6/1212( 21201 9AL AM ATTACHMENTS: Description Ordinance C SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Type (2 over . ,. 7�,::�..o Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, N o Parking Here to Corner - Casper Avenue from Upland Drive - East side of Casper Avenue in a southerly direction. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Traffic Operations Director Adopt Ordinance A safety issue for turning traffic from Upland Drive onto Casper Avenue while vehicles are parked on the east side of the street. Concerned citizens and Sanitation employees have brought this safety issue to our attention. Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 231 of 268 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING SUBSECTION (18a) GASPER AVENUE TO SECTION 553, NO PARKING HERE TO CORNER, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (18a) Casper Avenue of Section 553, No Parking Here to Corner, of the 2008 Traffic Code, is hereby added as follows: (18a) Casper Avenue From Upland Drive --East side of Casper Avenue in a Southerly direction. PASSED AND ADOPTED by the City Council this day of June, 2019, and approved by the Mayor this day of June, 2019. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 232 of 268 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 3 for a net decrease in the amount of $1,844.48, to Cardinal Construction of Waterloo, Iowa, in conjunction with the Riverfront Stadium Group S eating Project. City Council Meeting: 6/17/2019 Prepared: 6/11/2019 REVIEWERS: Department Reviewer Action Date I dcisurc Sr vices fluting, 1 aull A,pp over, 6/11/2( ,,,,,,, 11:26 AM e k Office i v n. f.. , cA vi n A,pprove 6/11/201 - 12: 1 Submitted by: Recommended Action: Expenditure Required: Source of Funds: Background Information: Submitted By: Travis Nichols, Facilities/Project Manager Approve Change Order #3 for decrease in the amount of $1,844.48 to Cardinal Construction of Waterloo, Iowa, in conjunction with the Riverfront Stadium Group Seating Project 0 Cedar Rapids Ball Club $75,600.00 G.O. Bonds $35,000.00 Project Budget $110,600.00 Funding for this project is a 70/30 split between Cedar Rapids Ball Club and the City of Waterlo o . Change Order #3 covers the elimination of panel clips and fabrication of bleacher seat brackets. The panel clips were not needed for this project and the contractor was able to re -use existing brackets for bleacher seat installation. Original Bid: $80,300.00 Change Order 1: $6,465.00 (approved by Council 4/22/2019) Change Order 2: $2960.00 (approved by Council 5/6/2019) Change Order 3: -$1844.48 Total: $87,880.52 This project supports the Strategic Plan Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. Page 233 of 268 CITY OF WATERLOO Council Communication Motion approving Change Order No. 2 in the amount of $27,244.96, in conjunction with the Waterloo Waste Water Treatment Plant Remedial Actions Phase IIIB, Contract No. 949. City Council Meeting: 6/17/2019 Prepared: 6/11/2019 REVIEWERS: Department Reviewer Action Date Waste Muria Y lent bowman, brim .Approved 6/12/2 :06 AM Clerk Off c .Ev n. "1,.,e.An... .Approve 6/12/2( :25 AM ATTACHMENTS: Description 0 Change Or m No. 2 o Recommen anon Lett Submitted by: Recommended Action: Expenditure Required: Source of Funds: I. Type Back ,..i atc ri.a . Backup M ate r i... . Submitted By: Brian Bowman, Treatment Operations Supervisor Recommend approval of change Order No. 2 in the amount of $27,244.96. $27,244.96 S ewer Fund Page 234 of 268 Prof ,c1 Change Ord r TiS Remedial Actions Phase 1118 City of Walefloo City Contract No. %Mr AEC '1 Prejlect ING, 8 SAASA E888,188„ ,884, 8 2E88 -""""""--03JUUTC, COSI RAZ T IDA r U COMPLET AMA! 8,01888,8181 187111 UNISE OM r DAT ES SUISETNEE COMETION 1011019, 8,88,848 EA8 TA887 A , TAL C CIA e 21,10:4011, ACV POCCE 77,75,88;8 : .8184Allereir ' OPAL .01117INACT ) AtrIlRA 445% Page 235 of 268 June 11, 2019 Mr, Randy t ennett, PE Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, owa 50702 Subject: 2018 Re edial Actions Phase 111 Chai.,ge Order No, 2. City of Wateroo, Iowa City Co tract No. 949 AECOM #60604454 Dear Mr ennett: AECOM 501 Sycamore Street Suite 222 Aiatertoo„IOWa 50/03 www0aecom0com The following is included in the attached Change, Order and are quantity reconciliations: 3192326531 teat 319-232-0271 fax id Item No, 4B, 108 and 12B - Restoration (Add '435.00, $2919..60 and '091) These are reconciled quantityadjustments, for these bid items that are 100% complete. The bid quantities for the restoration items are estimates. These adjusted quantities are installed quantities. The following contract adjustments are a result of moving the Prospect Boulevart site fro MH 10-16 (22547) (Upstream H) to MI 10-15 (11468) (Downstream MH — West Ridgeway Avenue Intersection). The pipe defect is actually at MH 10-15 (West idgeway Avenue Intersection). The City Video data was originally documented downstrea to upstrea , when it was actually upstream to downstream. Therefore, the defect is at Downstream MH 10-15 that is located at the intersection of .sirosliect toulevard and West Ridgeway Avenue. 1.Item No. 14 15 -Ft) educt :7,500..00) — This is the pipe replacement at the old site at MH 10-16 and is no longer being completed. — DWG 14a Prospect zoulevard (Old Site M 10-16) 10-1n. Pipe Replace ent (10 - Bid Item No. 14C —PWG 14a Prospect oulevard and Hilltop oa. (Deduct $27989.55) — This eduction removes the .an quantity of 172,2 SY of restoration originally planned at the old site at MH 10-16., The remaining quantity of 126.0 SY is the 100% complete d,,...iantity for restoration at the Hilltop Road site. For Item No. 14E -K — DWG 14b Prospect Boulevard and West Ridgeway Ave(lue (Add $59379.00) his work is described in detail in the attache* Lodge Construction, Inc., memorandum dated 6/3/2019 and the attached Change Order No. 2 Tabulation. PA6061044,541400_7.onstructied_SuppoM03-P3 0670Ch,ange-Oreers‘0O NO 2030T 'OPP PH HHB Ch,ange Order No 2,--170..0oex, Page 236 of 268 Mr, Randy Bennett PE 2018 Remedial Actions Phase MB Change Order Na 2 June 11 2019 Page 2 AECOM recommends the City of 'I'inaterloo ap,trove Change Order No. 2 for an additi addition results, in an overall addition of $969.92, or a, net change of 0,19%,. The following table illustrates the overall change to the project: Yours sincerely, Christopher G, Gelkers„ Attachment: As Noted nciosures: Lodge Construction Prospect BLVD and W. Ridgeway AV Me Change Order No, 2 Tabulation 1, 1, 0 P1,60604454\600S;•anstructionSuppar60P313 O hange-OrdersA00 NO• 210,4,11,AT OPP PH 11.1113 Change JOrder No 2-LIR„,1ocx • no 2724496, This Page 237 of 268 d e Ct)ns 1, I Address Reply 'To: Box 4.59 .,(1,..aksville„1 0'61..„ C Re: Extra work autherizatio nc. imaii:John(iiAoHgcconstructionine.eom Phne Cell: 319-290-5767 Fax 319-296-214.4 fbr City Of Waterloo Remedial Phase Bl. /3/2019 Lodge Constr ction Inc. is requesting a extra work authorization to repair damaged intersecti H ofRidgeway and Pros ect m Waterloo. Cost is as follows. e in the 1. Sanitary sewer op lie repair 20/LF 375/LF which i the bid rice for prospect. '7,500 Restoration ,,1137/SY which is $2/SY more for the use of M mix concrete or the use ()fa maturity curve so the road can bc reoprened in 48 hours. Approxi ate SY ceded ter removal will oe 267/SY t e ..rea is larger than originally anticipated because of undermining concerns in the intersection and need to remove a storm manhole a d pirating to in new sanitary. $36,579 . Detour signage for the closure of:the intersection' 3,000 If price i excepted and work is to be done, Service signing will need some notice to get these special signs ade. 4. Storm sewer manhole remove, and install $5,500 12" RCP stor pipe 415/1F 96/1 1 ceded. S4320 6. 1" RC storm pipe 65/IY 32/LF needed. 2,080 7. Pipe and manhole delivery fee shoil load charge S400 Estimated total to ..,erfbrm 'work $59,379 Please 'review' arc roposaland 1 t u kno— how you would like Lodn r c tc proceed. Sincerely' John Ser Page 238 of 268 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 for a net decrease of $26,275.04, in conjunction with the 2018 Remedial Action Phase IIIB Project, Contract No. 949. City Council Meeting: 6/17/2019 Prepared: 6/12/2019 REVIEWERS: Department Reviewer Action Date Waste Muria Y. lent bowman, brim .Approved 6/12/2 :05 AM Clerk Office.Ev n. ,-e.An.. Approve 6/12/2( , 2( : , „„ AM ATTACHMENTS: Description Type 0 (;1; 1..an ,e Or m No Pl.ase Ill (.1.;on.t. NO:Ow949 1 ri a c k.: •ir rial Submitted by: Summary Statement: Submitted By: Brian Bowman, Treatment Operations Supervisor New Contract will be $49,4374.19 Page 239 of 268 April 22, 2019 Mr, Steven Hoambrecker, PE Waste Management Services City of 'Waterloo 3505 Easton Avenue Waterloo, lowa 50702 Subject 2018 Remedial Actions Phase ID Change Order No, 1 City of Waterloo, lowa City Contract No. 949 AECOM #60604454 Dear r. Hoa brecker, The following is included in this Change Order: 0 AECOM 319-232-6531 tel 501 Syc or Street 319-Z32-0271 fax Suite 222 Waterloo, Iowa 50703 www,aermeorn Bid item No. 7C - DWG 7 Upton Avenue - Tree Re ]oval and Replacement (Add $3.425.00) This pay item is proposed to 40.,e added to remove a large maple tree from the property adjacent to the work site. The tree is on the easement for the pipe segment Todd Derifieliii from Waterloo Forestry recoHoHnended that the tree be removed due to the compromised structural integrity of the tree after the removal of the west side root structure. (odd also recommended the tree be replaced with a 2 -inch sugar maple. Bid Re No. 13A -C — DWG 13 Prospect Boulevard (De01.,ict $2$833.25) This work site is being re' ',oved from the project after the review of the current segment video. There was no e damage found. •1. Ite No. 13D DWG 13 Prosptct Boulevard Overhead (Adi 2083.33) his roposed Pay Item is to cover the overhead loss due to the removal of the istING 13 work site from the project. The overhead is calculateill at 10% (DO T Standard Overhead Rate) of the original work site cost of 2s,833.25. Bid Item No. 16AB — DWG 16 Ravenwood Circle (Deduct 12166.78) — This work site is being re roved from t e project because the segment was already repaire id Item No. 130i DWG 16 Ravenwood Circle Overhea* (Add 1,216.88) — This proposed Pay Item is to cover the overhead loss ,i'ue to the removal of the DWG 16 work site from the project. The overhead is calculated at 10¼ (MOT Standard Overhead Rate) of the original work site cost of 12 166.79. AECOM reco men s the City of aterloo approve Change Order No, 1 for a deduction of 26,275,04. P:\6060445460CLConstr liorLSupporh• 3-P0 110670...Change-0rders'oC0 NO NNA OPP PH MB Change Order No 11-710,dox Page 240 of 268 ALCOM The following table ill stra es the overall change to the re roject: AECOM 319-232-6531 tel 501 Sycmur Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 vvvvw.aecomcorn ORIGINAL CONTRACT CO NO. I ALL CHANGE ORDE s REVISED CONT CT PROJECT CONTRACT CHA GE 520,649.23 (26275.04) (26,275.04) 494174.19, 505% Yours sincerely, C iristopher 0, Oelkers, RE. Enclosures: Change Order No, 1 Tabulation P:'60604454V5', _ponstructionSupport\03-PH 111B\670Change-Orders‘CO NO IMNAT CIPP PH NAB Chanye Order N 1-L1R.d • CX Page 241 of 268 Project Change Order No.1 2018 Remedial Actions Phase 1111B City of Waterloo City Contract No. 949 AECOM Prol ol No: 60604454 Monday, rel 22, 2018 198,, PUIPTION ORIGI, AL CONTRACT DATES SUBSTANTIAL COMPLETION ANAL COMPLErnoN QUANTITY LAVT NONE REVISED CONTRACT DATE,S SUBSTANTIAL C•MPLETION 08127(18 '111FINAIL C MPL,:rrioN, Of der 1119 Y UNOT PRICE NONE 09,127I18 UNT . L.111 79 11 IF '7'A CNVG 88719,9 11,,J Nept9777982119-788 1,117 7 1.9' .DNG ' C799907 R099, 17 mci17.,'999.989499!!!!!. 0170 Caviar 8,97. 177 7777 Repto778989,99 940 rr 0113 aNG 9 8,99,7089817 Road 98898,99979 , Ares 1 WO 1 78,89k7raboru , SY 1777 17.2,187 07, 7,9001 37 —1-'" 150 OD II„,108r0 97917-91:"--- i89801717717 71017730 899991. Mt 09989 , , .." ' 40,, 115#o u8. ''',41 ,.,1,,,,,,. ,:.,::::;,...,..,....11807 84. 9978.89".... 7888 , ,170 'EN Piii,81, Reptaciamem , 6:1.z.Dirn— p.q,,,,, ,,,,,,,,.. td, , INP108.8.9.K.899989.9879.1945 FT .87,..7.,. z,,!,,9 I4. 11!,,,?8,97,771.1!994,777777.__73 .7.7 88497114.Prot17od Sauk., .1. ' 77- illol 87-70 19 917' 1444 lsoo4l 0707 4 .0,..,.;c2.7.7,...L71,879719,11,71,171.17.1.17717119,17911717.717.99. ,.. . .........„ „, .7,,,, 11.77.071 . . 0748 .800.7.00.„0--8..,• ......•,. 949. 188 171,C 1.0 500.00. 's ;:66D. 7iiii„M"'""M"' 10 s 17 70.71717 17] 17 50098 500.997, „O , ..77.7.7.777.7777-717 1.1 1,01 0.01 9 91" .80 1 0.1701 135 11 47,099 3 ,-IvIvIllrmlIVIIII,- 171979991 1,101„,i 041789 9 97; ORIGINAL CONTRACT 07 1111074011 080(10 EVISED C N ACT CCS® CONTRACT 1107001 11 494 374 19 1738%, Page 242 of 268 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 for a net increase of $152,832.50, in conjunction with the FY 2019 Cattle Congress Sanitary S ewer Force Main Repair, Contract No. 985, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 6/17/2019 Prepared: 6/12/2019 REVIEWERS: Department Reviewer Action Date E !; m imam ee in . Knutson, utson, J amie Approvc 1 6/12r 019 11 .A M C lerk ,. Mee E veiny :.. eAnn Approved 6/12/201( 12:0 . ATTACHMENTS: Description 0 C on:t 985 C O 1 Type Cover Me lo Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Approve change order. S ource of Funds : sewer funds Page 243 of 268 CHANGE ORDER NO. 1 Owner City of Waterloo Project FY19 Cattle Congress Sanitary Sewer Force Main Repair Date: 6/11/2019 Owner's Contract No. Date of Contact Start 5/21/2019 Contractor: Peterson Contractors, Inc. Contract Amount: $ 262,420.00 You are directed to make the following changes in the Contract Documents. Description: 1 DIP, 10 IN, INTEGRAL RESTRAINED JOINTS 2 FITTINGS, DUCTILE IRON, 10" X 12", REDUCER 3 FITTINGS, DUCTILE IRON, 10 IN, 90° ELBOW 4 HIGH PRESSURE HOSE, 12 IN 5 BYPASS CONNECTION 6 ONE MONTH EXTENSION 7 FITTINGS, DUCTILE IRON, 10" X 10", TEE 8 FITTINGS, DUCTILE IRON, 10" VALVE 1-1 Mobilization 1-2 Traffic Control 1-3 Topsoil, Strip & Respread 1-4 Suitable Backfill Material for Levee (Off-site) 1-5 Stockpile & Removal of Existing Material 1-6 Pipe Removal & Abandonment 1-7 10 -Inch Sanitary Sewer PVC Force Main 1-8 10 -Inch Sanitary Sewer DIP Force Main 1-9 10 -Inch 11-1/4 Degree Bend 1-10 10 -Inch 22-1/2 Degree Bend 1-11 10 -Inch 45 Degree Bend 1-12 10 -Inch PVC to DIP Coupler 1-13 Connection to Existing Force Main 1-14 Removal of Structures 1-15 84 -Inch Diameter Manhole 1-16 Removal Shared Use Path 1-17 PCC, 6" Shared Use Path 1-18 Seeding, Fertilizing and Mulching 1-19 Rip Rap Removal 1-20 Rip Rap - Class E 1-21 12 -Inch Wattle Installation & Removal TOTAL ADDITIONS $ 360.00 $ 2,250.00 $ 3,500.00 $ 62.00 $ 73,000.00 $ 6,000.00 $ 3,000.00 $ 6,500.00 $ 27,500.00 $ 2,500.00 $ 12.50 $ 17.50 $ 12.50 $ 20.00 $ 100.00 $ 125.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 75,000.00 $ 2,500.00 $ 50,000.00 $ 10.00 $ 60.00 $ 7,500.00 $ 8.00 $ 35.00 $ 5.00 /LF x /EA x /EA x /LF x /LS x /EA x /EA x /EA x /LS x /LS x /CY x /CY x /CY x /LF x /LF x /LF x /EA x /EA x /EA x /EA x /LS x /EA x /EA x /SY x /SY x /AC x /SY x /TON x /LF x - 227 - 2 - 8 - 600 - 1 - 1 - 2 - 4 1 1 265 2907 2907 310 223.2 124.4 1 2 2 2 1 1 2 LF EA EA LF LS EA EA EA LS LS CY CY CY LF LF LF EA EA EA EA LS EA EA 179.4 SY 179.4 SY 0.5 AC 380 SY 613.2 TON 1570 LF $ (81,720.00) $ (4,500.00) $ (28,000.00) $ (37,200.00) $ (73,000.00) $ (6,000.00) $ (6,000.00) $ (26,000.00) $ 27,500.00 $ 2,500.00 $ 3,312.50 $ 50,872.50 $ 36,337.50 $ 6,200.00 $ 22,320.00 $ 15,550.00 $ 3,500.00 $ 7,000.00 $ 7,000.00 $ 7,000.00 $ 75,000.00 $ 2,500.00 $ 100, 000.00 $ 1,794.00 $ 10,764.00 $ 3,750.00 $ 3,040.00 $ 21,462.00 $ 7,850.00 $ 152,832.50 Reason for Change Order 1-8 The temporary repair was deleted because the material for the temporary repair was not readily available and the permanent repair design had been completed. 1-1 -1-21 The permanent repair was will be completed to save the costs of the temporary repair. CONTRACT PRICE Original: Previous C.O.s (ADD/DEDUCT) This C.O. (ADD/DEDUCT) Contract Price with all approved Change Orders: $ 262,420.00 Original Completion Date: $ $ 152,832.50 Revised Completion Date: $ 415,252.50 CONTRACT TIME To Substantial To Final Completion Completion 6/14/20191 7/12/2019 7/12/20191 7/31/2019 Page 244 of 268 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature) ACCEPTED: BY: Contractor (Authorized Signature) ACCEPTED: BY: Date Date AECOM Date AECOM 60443479 I 1 Project No. C.O. No. Page 245 of 268 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of March 26, 2019. City Council Meeting: 6/17/2019 Prepared: 6/6/2019 REVIEWERS: Department Reviewer Action Date .l.port 1< asparID.Keith App ove 4 6/7/2 19 AM Clerk."Office i 10y, N ancy Approve 6/1 b/1(/)019 „ a„ aa„ 6.PM ATTACHMENTS: Description Type „Airport port oars: eetmm , .tcs, March ch 26, 2019 Cover 'Me. ..o SUBJECT: Airport Board Meeting minutes of March 26, 2019. Submitted by: Submitted By: Keith Kaspari, Airport Director Page 246 of 268 MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, March 26, 2019 L ROLL CALL ChairTnan Hugh Field called the meeting to order at 11:58 a.m. Board Members Present: Scott Voigt, Cary Darrah, Dr. Linda Allen, Chuck Needham, Gwenne Berry and Hugh Field. Board Members Absent: Arlene Humble. City Officials Present: Councilmembers Margaret Klein and Ray Feuss; Noel Anderson and Adrienne Miller. Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Other Attendees: Doug Schindel and David Hughes, AC. M; Tim Newton n and Bob Petersen, Livingston Aviation; Alex Bower, Fehr - Graham Engineers; Nick Bird, FAA Air Traffic Control Manager; numerous T -Hangar tenants and local pilots; and members of the Grow Cedar valley Alliance Air Service Strategic Planning committee. IL AGENDA AS RECEIVED OR AMENDED Mr. Kaspari stated that he would like to add two items to the agenda: Under Board Approval, Item F. Approval of amendment of existing lease with Department of Public Safety, Iowa Highway Patrol, for a second T -Hangar, 42; and under New Business, Item E. Long-range Air Service Strategic Plan. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Field asked about coffee service and whether there was currently a vending machine where passengers could purchase coffee. 1 Page 247 of 268 The previous vending company had removed the coffee machine due to a lack of sales. Mr. Kaspari stated that the airline personnel makes coffee available to passengers when they have time. Mr. Field asked about the possible relocation of FAA SSC personnel. Discussion followed, with Mr. Kaspari stating that a decision is expected in the next eight weeks. Mr. Field asked about IDOT Commercial Service Vertical Infrastructure grants. Mr. Kaspari referred tol the handout showing the breakdown vn f anticipated funds for FY - 2020 and stated planned projects include updating to LED lighting in Hangars 1 , 2 and 3, HVAC and continued replacement of windows in the FBO Livingston Aviation terminal building. B. Monthly Planning & Development Report — N/A C. Legislative Information Mr. Kaspari pointed out a memo regarding pending state legislation to allow a sales tax exemption for aircraft parts, which would put Iowa on even ground with the surrounding states, which already have an exemption in place. D. Misc. Monthly Airport Reports Mr. Field stated that January and February airline stats were very poor, due to bad weather. Mr. Voigt stated that the budget numbers look pretty good but Mr. Field pointed out that farm revenue for FY -19 has all been received, which inflates the revenue total. Dr. Alien moved that reports be received and placed on file, seconded. by Mr. Voigt. Ayes: 5. Motion carried. V. BOARD APPROVAL A. Approval of Minutes of the February 5, 2019 Regular Meeting. Moved by Mr. Needham, seconded by Mrs. Darrah, that the minutes of the February 5, 2019 meeting be approved. Ayes: 5. Motion carried. B. Motion to Receive and File January 2019 Expenses Moved by Dr. Alien, seconded by Mr. Voigt, that the January 2019 expenses be received and filed. Ayes: 5. Motion carried. 2 Page 248 of 268 C. Motion to Receive and File February 2019 Expenses Moved by Dr. Allen, seconded by Mr. Voigt, that the February 2019 expenses be received and filed. Ayes: 5. Motion carried. D. Notice of Award: Three -Year Farm and Hay Leases Mr. Kaspari detailed the bids received at the March 22, 2019 bid opening, per the handout to the Board. Moved by Dr. Alien that the three-year farm lease with Curt Rasmussen and the three-year hay baling lease with Dalton Feckers ers be approved; seconded by Mr. Needham. . Ayes: 5. Motion carried. E. Recommendation to Approve of 5 -Year Equipment Use Agreement with Livingston Aviation (Use of Baggage Belt Loader for Livingston Charters) Moved by Mr. Voigt to approve agreement; seconded. by Mrs. Berry. Ayes: 5. Motion carried. F. Approval of Amended T -Hangar Lease with Department of Public Safety Mr. Kaspari stated that the Iowa Highway Patrol would like to amend their eune .t T - Hangar Lease to include T -Hangar #2 (they currently lease T -Hangar 41). Mr. Field stated that since this item wasn't included on the original posted agenda and in order to keep from violating open meetings laws, he would like to see an agenda for a special meeting to approve this item via conference call posted. The consensus was to hold this special meeting at 9:30 a.m. Friday March 29, 2019. VL OLD BUSINESS A. Hangar No: 4 Update: General Discussion. Mr. Kaspari stated that negotiations with Mr. Walters are proceeding. B. Nev Hangar Development Agreement — A -Line ALO, LLC Alex Bowers, with Fehr -Graham Engineering, spoke about the placement of the proposed hangar and the distance between it and the existing Corporate Hangar. Adjustments have been made to allow 162 feet between hangars, which should allow two aircraft to meet in the space between the hangars. 3 Page 249 of 268 Mr. Bowers stated that the hangar could be shifted 20 -- 30 feet to the east, alloying additional space but that would add to the project cost as it would require additional concrete work Mr. Petersen, with Kingfisher Aviation, agreed that 160' would allow two aircraft to meet but that if an aircraft was partedon the west side of the new hangar and they were trying to back an aircraft into the corporate hangar there would not be enough space to maneuver. Discussion followed. Mrs. Darrah moved that all involved parties must come to an agreement in order for the Director to sign off on the A -Line agreement, and move it forward for City Council approval; seconded by Mrs. Berry. Ayes: 5. Motion carried. The Board also directed Mr. Kaspari to get together with Mr. Newton to find a suitable place for Livingston to park their fuel trucks. C. Airline Use Agreement Update with American Airlines Mr. Kaspari stated that he has been working with Bill Bucholz from American Airlines on obtaining a signed airline use agreement. This should be finalized within 60 days. VII. NEW BUSINESS A. Contrast and Comparison of Airport Fees Reviewed and discussed handout comparing fees at Iowa Commercial Service Airports. B. April Meeting — Please Confirm Board Member Calendar for Meeting on April 23rd Mr. Kaspari stated that April will be another full agenda. Most members stated they have the date on their calendars and will plan to attend. C. Section 804 — FAA Decision to Recommend Consolidation ALO TRACON with DSM Nick Bird, ALO Air Traffic Control Manager, explained Section 804 and the proposed change to tower radar services. The proposal only affects radar services but could be the first step toward closing the ALO tower or paling it a privatized or contract tower rather than FAA -staffed. Discussion followed. The Public Comment period is open until May 3, 2019, Mrr. Fieldstressed that all should be weighing in on the importance of keeping TRACON services at ALO. Page 250 of 268 D. Staff Update on FY -2020 IDOT Commercial mercial Service Vertical Infrastructure Projects As previously discussed. E. Long -Range Air Service Strategic Plan Members of the Grow Cedar Valley Task 'ree for Air Service Strategic Planning spoke about their mission and made a formal request for the Airport Board's support. VIII. STAFF AND BOARD MEMBER COMMENT Lynn Moller questioned if there will be future maintenance issues with American flights now that Iry Swieter has left the airfield and his maintenance agreement with American Airlines has ended. IX. ADJOURNMENT Moved by Mr. Voigt that the meeting be adjourned at 1:44 p.m.; seconded by r. Alien. Ayes: 5. Motion carried.. Respectfully submitted, Hugh M. Field, Chairperson Page 251 of 268 CITY OF WATERLOO Council Communication Airport Special Board Meeting minutes of March 29, 2019. City Council Meeting: 6/17/2019 Prepared: 6/6/2019 REVIEWERS: Department Reviewer Action Date .l.port 1< asparID.Keith App ove 4 6/7/2 19 AM C le .. Office i . m hyy N ancy Approve 6/1 b/1(/)019 „ a„ aa„.PM ATTACHMENTS: Description Type „Airport port ori, . eetmm , .tcs, MI.am ch 29 2019 Cover 'Me. ..o SUBJECT: Airport Special Board Meeting minutes of March 29, 2019. Submitted by: Submitted By: Keith Kaspari, Airport Director Page 252 of 268 MINUTES WATERLOO REGIONAL AIRPORT BOARD Friday, March 29, 2019 L ROLL CALL Chairman Hugh Field called the telephone conference meeting to order at 9:33 a.m. Board Members Present: Scott Voigt, Arlene Humble, Dr. Linda Alien, Chuck Needham, Gwenne Berry and Hugh Field, Board Members Absent: Cary Darrah. City Officials Present: Councilmember Ray Feuss, Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Other Attendees: None H. AGENDA AS RECEIVED OR AMENDED N/A III. PUBLIC C MMENTS None. IV. REPORTS N/A V. BOARD APPROVAL A9 Approval of an Amendment to the State of Iowa and the Department .t of Public Safety - Iowa State Patrol, to add to the Existing DPS -ISP Agreement, and to Add the Lease of Aircraft Storage T -Hangar No. 2 at a Rate of $150.00 per Month. Mr. Field asked to verify that public notice of the meeting had been made and that it was being held via an open conference call. Mr. Kaspari stated yes to both of these. Moved by Mr. Voigt that the amendment to the T -Hangar Lease with Iowa State Patrol be approved; seconded by Mrs. Humble. Ayes: 5. Motion carried. 1 Page 253 of 268 VI. OLD BUSINESS N/A VII. NEW BUSINESS N/A VIII. STAFF AND BOARD MEMBER C MM N 1 N/A IX. ADJOURNMENT Moved. by Dr. Allen that the meeting be adjourned at 9:38 ..m. ; seconded by Mrs. Humble. Ayes: 5. Motion carried. Respectfully submitted, Hugh M. Field, Chairperson Page 254 of 268 CITY OF WATERLOO Council Communication Planning, Programming & Zoning minutes of May 7, 2019 City Council Meeting: 6/17/2019 Prepared: 6/12/2019 REVIEWERS: Department Reviewer Action Date P laming Schroeder; c Approve 6/12/2 0:28 AM Clerk Office i v -en y Approve 6/12/20 ,,,,,,, 1:32 AM ATTACHMENTS: Description P& ; minutes inf 5/7/19 Type Cover "Me ..o SUBJECT: Planning, Programming & Zoning minutes of May 7, 2019. Submitted by: Submitted By: Page 255 of 268 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. May 7, 2019 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:01 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Holdiman, Hall, Donat, Wilber, Flynn and Trost. Members absent were: Serfling, Buttgen and Mohammad. Others present: Noel Anderson, Aric Schroeder, Adrienne Miller, Tim Andera, Chris Western, John Dornoff and Seth Hyberger — Planning Department, Jamie Knutson — City Engineer, Jerome Amos — City Council Liaison, Bruce Jacobs — 2nd Ward City Councilperson, Tim Jamison — Waterloo Courier, Jim Ellis — MMS Consultants, and 21 citizens. I.Approval of the Agenda It was moved by Flynn, seconded by Holdiman to approve the agenda combining items A-4 and B-1. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on April 2, 2019. It was moved by Donat, seconded by Holdiman to approve the minutes. Motion carried unanimously. III. Financial Report: March 2019 Anderson gave the financial report for March 2019 indicating that we are 75% through the year and department is at 54% of expenses and 76% of revenue for the year. It was moved by Holdiman, seconded by Donat to receive and place the financial report on file. Motion carried unanimously. IV.Oral Presentations No Oral Presentations V.New Business A. Hearings — Rezones and Site Plan Amendments 1. Request for City of Waterloo to rezone 20.88 acres of land from "A-1" Agricultural District to "M - 2,P" Planned Industrial District located northwest of 4455 Remington Road. It was moved by Flynn and seconded by Holdiman to receive and place on file the statement of verification at 4:05 p.m. Motion carried unanimously and Wilber declared the hearing open. Dornoff gave the staff report recommending approval of the rezone. There were no comments on this request. It was moved by Hall, seconded by Holdiman to close the public hearing. Motion passed unanimously. The hearing was closed at 4:07 p.m. It was moved by Trost, seconded by Donat to recommend approval of the rezone. Motion passed unanimously Page 256 of 268 Planning and Zoning Commission May 7, 2019 2. Request by DGOGWaterlooia10032018 LLC for a Site Plan Amendment to the "C -P" Planned Commercial District for the construction of a retail store located near the intersection of Martin Luther King, Jr. Drive and Idaho Street. It was moved by Donat and seconded by Trost to receive and place on file the statement of verification at 4:10 p.m. Motion carried unanimously and Wilber declared the hearing open. Hyberger read the staff report recommending approval of the site plan amendment with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. Flynn asked if the curb cut will be off of Idaho Street and if they would have a free standing sign to which Hyberger answered yes, there would be two curb cuts in Idaho Street and they will probably have a freestanding sign and a wall sign. Mike Cook, 3511 Sage Road asked if the building would be pointing south and noted it is not at the corner of MLK Jr Drive and Idaho but on Idaho Street, and if it is away from the park/trailhead, to which Anderson responded that it would face south and the trail head area was carved out so it would not be affected by the store. It was moved by Hall, seconded by Trost to close the public hearing. Motion passed unanimously. The hearing was closed at 4:18 p.m. It was moved by Flynn, seconded by Donat to recommend approval of the site plan amendment with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. Motion passed unanimously 3. Request for Northland Products Co. for a Site Plan Amendment to the "R-2, C -Z" One and Two Family Conditional Zoning District for the construction of a parking lot located across from 924-1004 Rainbow Drive. It was moved by Donat and seconded by Holdiman to receive and place on file the statement of verification at 4:19 p.m. Motion carried unanimously and Wilber declared the hearing open. Western gave the staff report recommending approval with the conditions 1) that the property is screened along the west and south property lines by a six-foot solid fence and 2) the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. Western handed out a letter sent by a resident in the area covering a number of issues with the facility. Trost asked if they wanted to change the parking lot in the future or add on to it that they would have to come back through the same process to which Western answered yes. Hall noted in the staff report the recommendation of sidewalks on Hanna but it is not listed as a condition and asked if the sidewalk would connect to anything to which Western answered that the staff report was saying it was suggesting sidewalks but leaving it up to the commission to decide and that the sidewalk would not connect to anything currently. Wilber asked if they are only looking to build the parking lot now not the office to which Western said that the original plan included 24 stalls but this request is only for 8 stalls, and they plan to build additional parking stalls and the office building in the future. Flynn asked if there are no truck signs on Rainbow why are there not ones on Hanna Blvd to which Western answered that Hanna is a residential street and common sense says that trucks should not go down that street. Garret McShane manager at Northland Products and Zac Distribution/Warehouse stated that he was available to answer questions. -2- Page 257 of 268 Planning and Zoning Commission May 7, 2019 Flynn asked McShane if he has had an opportunity to talk to the neighbors to which McShane said no, and Zac stated the goal of the project is to get cars onto their own property instead of parking on Hanna Blvd. Donat asked if the item should be put on hold until a traffic study is done to which Anderson responded that the letter of complaint seems to be about truck traffic which has nothing to do with the parking lot and the parking lot may actually help with the semi traffic when cars have a place to park. Flynn asked if the parking lot will be asphalt or concrete to which McShane said it would be concrete. Schroeder said that there is sidewalk on the north side of Rainbow Drive but noted that if a sidewalk was required along Hanna Blvd it would have no connections. Flynn asks the applicant if they were considering a fence along Hanna Blvd to which McShane stated that they will meet any requirement for fencing. Kay Sbiral, 132 Hanna Blvd. said that they do not have an objection to the parking lot as it would be better than what is there now as they park on the dirt lot, they park on Hanna Blvd and they park at the Castle Bluff Park. There are a lot of walkers and bikers heading from the neighborhood to the Trolley Trail and the Northland makes that trip dangerous. Semi's come into the neighborhood all the time. Have no trust in the company as they take advantage of the neighborhood. Also they have trains come through in the middle of the night and they should make them come during the day. Would like the parking lot to look nice for the neighborhood; as the problems mention were never a problem with the previous owners. Wants guarantees of what will be going into the parking lot and what they will do in the future. She also feels that the sidewalk should be required. Donat asked Sbiral where she wants the sidewalk installed to which Sbiral responded that she wants one on the east side of Hanna Blvd to Rainbow Drive.. Hall asked the applicant if they are opposed to adding a sidewalk to which McShane replied that he is only concerned with people trying to cross Rainbow Drive because of the speed of traffic through the area and the truck traffic. Knutson noted that due to ADA requirements if a sidewalk was put down Hanna Blvd there could not be a connection across the street because it would connect to a driveway and if you move it further to the east along Rainbow Drive it would create a mid -block crossing with could be dangerous as people are not expecting it. Hall stated that if we don't start having sidewalk conversations and start requiring sidewalks they never will connect to anything and this would be an opportunity for Northland Oil to step up to the plate and show leadership. McShane responded that there is other companies on Rainbow Drive that have semi's and if one of the Northland drivers would go up Hanna Blvd it would be in violation of company policy. Also if a Northland driver is seen trying to head west on Rainbow Drive they are stopped but the other companies in the area still use the street. Only employee vehicles will be using the new parking lot. Flynn asked the applicant if he had problems with putting up a fence to which McShane answered no, he is fine with putting up a fence or landscaping, whatever is required. Lisa Skubal, Grow Cedar Valley, stated she can understand the neighbors' concerns about semi traffic but this issue is about employee overflow parking and being able to park in a good parking lot instead of in the mud. Don't see why this project should be delayed because the applicant seems to be willing to work with the neighbors. Hall maked the motion adding a third condition that a sidewalk be installed on Hanna Blvd that connects with Rainbow Drive. Flynn asked Hall if he intended for the applicant to pay for all these items to which Hall stated yes, those in residential areas have to pay every 10 years to maintain their sidewalks, the city is a Blue Zone -3 Page 258 of 268 Planning and Zoning Commission May 7, 2019 community and has a complete streets policy plus it would be good for the neighborhood to have that kind of connectivity. Wilber stated that she agrees and if the office is added at some point that could mean the company has even more employees in the future. Trost asked staff if the driveway goes across the entire length of Rainbow Drive on the north side to which McShane answered it does not and Trost said that it would allow people to use the sidewalk on Hanna Blvd, cross Rainbow Drive and then access the park to the west. Knutson talked about the problem with mid -block crossings, that they are discouraged, and the traffic department would need to take a look at it. It does not mean it can't be done but will need to be looked at. Flynn says she has a problem with the project being held up for a sidewalk especially if there will be safety issues due to speeds on Rainbow Drive since the request is only for a parking lot and could not vote in favor of it. Hall states that this has been an issue for some time, is the city going to have a complete streets policy or not, is the city going to require sidewalks or not, but instead the city keeps tip toeing around the issue. Maybe the sidewalks will hold them up for a month but if something doesn't get done we could go another 200 years and not have sidewalks here. Wilber asked if it is possible to let them go ahead and put in the parking lot but give them a year or so to iron out the problems with putting in a sidewalk and then from the commission have a request of the city staff of something more concrete on the sidewalk policy. Holdiman asked if it would be possible for them to go ahead with the parking lot and when they come back before the commission for the office they are at that time required to put in sidewalks. Trost stated that he agrees with Hall about the sidewalk situation and there needs to be a firm policy on what the commission should be doing when it comes to sidewalks. Holdiman quested if it would be an option to no require sidewalk when they built the parking lot but require sidewalk all the way around the property when they build the office building. Flynn and Trost concurred that the sidewalk should not be required for the parking lot, but should be required when they build the office building. Hall removes the condition on the requirement for sidewalks when the parking lot is built but to be looked at when the office building is built. Donat asks if complete streets mean anything if you do not follow through on the need for sidewalks. Anderson notes that the city does not currently have a sidewalk infill policy but staff does look at conditions to make the determination about sidewalks. Schroeder stated that the Complete Streets Advisory Committee which he is a member of is continuing to work with engineering to develop an infill policy, not sure when it will be ready for a vote but it is being looked at. It was moved by Hall, seconded by Trost to close the public hearing. Motion passed unanimously. The hearing was closed at 4:52 p.m. It was moved by Hall, seconded by Donat to recommend approval of the site plan amendment with the conditions that 1) property is screened along the west and south property lines by a six foot solid fence and 2) that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. Motion passed unanimously -4 Page 259 of 268 Planning and Zoning Commission May 7, 2019 4. Request by MMS Consultants for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of a 204,020 Square Feet of warehouse, office and maintenance buildings located east of 1994 Newell Street. It was moved by Flynn and seconded by Holdiman to receive and place on file the statement of verification at 5:06 p.m. Motion carried unanimously and Wilber declared the hearing open. Dornoff read the staff report recommending approval of the site plan with the conditions that 1) the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. and 2) the applicant work with the Traffic Department to design roadway improvements to the section of Newell Street east of the site. Dornoff also noted that there would not be a right turn lane off of Newell to the site. Trost asked if staff has concerns about access onto MLK Jr Drive from Lot 3 to which Dornoff answered that it would primarily be automotive traffic. Dornoff also noted that staff feels it would be dangerous and cause congestion to have a 120 trucks a day turning left onto MLK JR drive at the end of a 45mph S- curve. Flynn expressed concerns about the speeds on MLK Jr Drive in that section as traffic probably exceeds 45mph and would not want to see those trucks turning onto MLK JR Drive. Donat asked why the concerns were not flushed out more but Dornoff and Schroeder responded that those concerns were talked about later in the staff report. Holdiman asked for confirmation that a majority of the traffic would be heading east to the John Deere facility to which Dornoff confirmed and said only about six trucks a day would head west. Trost asked if there was any restrictions right now on truck traffic and what are the mechanisms available to deal with the trucks to which Anderson responded there is not but in the past there was a Newell Street Truck Committee that looked at the issue and when problems do arise contact the companies in the area to let their drivers know not to use Newell and there could be an embargo placed on the street which would require city council action. Ben Longstone, Build to Suit the contractor for the project and Jim Ellis, MMS Consultants engineer for the project were asked by Trost if most of the drivers were employed by Con-Trol or contractors to which Longstone answered that they were contractors but that many are regulars. Ann Olsson, 1972 Newell Street, homes have been there before the area was industrial and as more industrial moved in truck traffic increased on Newell Street with neighbors being to city council three or four times trying to get truck traffic off of Newell Street. City got Federal Funding to build MLK Jr Drive in order to get truck traffic off of Newell Street but when MLK Jr Drive was completed the truck traffic did not decrease and that is when the Newell Truck Traffic Committee was started. At that time a study showed that 200 trucks per 24 hour period were using Newell Street. Not against industrial growth, just don't want truck traffic on Newell. Wilber asked Olsson is she knew when the committee last met to which Olsson said it was about 15 years ago. Agreement worked well for a while but as company changed hands trucks started using Newell Street again. Flynn asked Olsson if the 200 trucks were back when the study was done 15 years ago and has not been done recently to which Olsson said she knows of no recent study. Jons Olsson, 1972 Newell Street, noted it was addressed as 2020 Newell Road 50 years ago when they moved in. Olsson was appointed to the committee on truck traffic by John Rooff along with five industries including John Deere, Eagle Tannery, Warren Trucking, IBP, and Pape. MLK Jr Drive was built with funds to reduce truck traffic on residential streets. Committee brought two proposals to city council that were approved including increasing the speed of MLK Jr Drive to 45mph and to create a -5- Page 260 of 268 Planning and Zoning Commission May 7, 2019 easier truck turn from 6th to Franklin. A traffic light could be put in at the facility to MLK for turning trucks. Trucks will seek the shortest route. For 5 years was the chairperson of the Waterloo Neighborhood Economic Development Corporation and supports industrial development but put MLK Jr Drive to the use it was intended for which is truck traffic. Don Frost, 1994 Newell Street, said he like the Olsson's have lived out there for 50 years. All the promises about truck traffic have been lies. Newell Street was built for people to get to John Deere. Newell Street was not built for semi's. Entrance and exit should be on MLK Jr. Drive. There is also trouble with water in the area. Not opposed to the development. Lisa Skubal, Grow Cedar Valley, stated that she will trust city officials will work with residents on their concerns. The first property in this area was acquired more than 25 years ago with three goals: 1) Expand businesses that could benefit from robust utilities in the area 2) provide large lots for industrial development and 3) support the existing supply chain and noted that the future land use map shows the areas as industrial. Grow Cedar Valley supports the development which would be the largest development since Ferguson in 2005. Jerome Amos, 119 Ricker Street, 4th Ward City Council Member noted that he lives just one block off of Newell Street. Has met with the mayor and Sandi Greco on the issues with the truck traffic and Greco noted that Newell Street was designed for truck traffic and is not sure if it is even feasible to embargo truck traffic on Newell Street. Is supportive of the project but also understands the residents' concerns about the area and need to have a voice in the matter. Aleta Alexander, 1962 Newell Street, said there is already truck traffic in area and there is major issue with speeders. Bill Bowers, 1977 Newell Street, stated that he has lived there for 36 years and worked for Zephyr trucks and was on the committee discussing truck traffic. Companies always lied to residents. Traffic going down Newell is not good as it is residential and the traffic is bad at night and slowly getting worse and worse. Flynn said it is a quandary because don't want truck traffic in neighborhoods but want development and asked if the traffic cameras could be used to enforce truck traffic because if a company got enough citations it would make them more aware of the situation to which Anderson answered it is something he will have to check with Chief Trelka on. Wilber noted that the commission cannot place an embargo on Newell, the commission can make recommendations to the city council which is the one that would need to take action. Ellis noted that they are looking a variety of ways to deal with the trucks entering and exiting the site including speed limits, eastbound acceleration lanes, and westbound left turn lanes. There will not be a left turn lane out of the facility onto Newell or right turn lane eastbound. Most of the traffic coming from outside of Waterloo would be coming from the east on Interstate 380 and Elk Run Road and not going through Waterloo itself. Facility would be a staging area. Anderson discussed the Northeast Bypass study to create a new truck route from 1-380 on the east to US 63 on the north. Flynn asked if Ellis felt that the acceleration lanes would encourage more traffic to which Ellis responded that the purpose was to get traffic from the facility to John Deere and there is multiple options on the table. Trost asked if access can be done on the straight section of MLK Jr. Drive on the western portion of the property but if they are going to use Newell can it be designed so trucks are forced to drive to the east by a hard right turn. Anderson noted that MLK JR Drive was built as a Deere to Deere site form their site on Elk Run to their facility behind Techworks. Anderson noted that traffic engineers generally don't like to -6 Page 261 of 268 Planning and Zoning Commission May 7, 2019 have hard right turns or angled turns. Ellis noted that they have to design it not only for traffic coming into the site but through traffic and currently it is still 45mph through that section. Ellis further stated that the reason for the Newell Street access is for a better connection to the John Deere truck access. Ellis also noted that the water conservation area in the southwest corner was developed with MLK Jr. Drive was put in with Martin Luther King curving in order to minimize the impact from the road on the wetland. The project is trying to only minimally impact the wetlands. Hall appreciates Trost putting in the condition to try to force vehicles to go east on Newell Street as it is not saying they have to, but look at the options. Hall notes that engineers may not like hard angles but neighbors don't like truck traffic. Longstone offered to put up no left turn signs at the exit to the facility. Flynn stated that she has a hard time approving something that says it will not have a negative impact on traffic conditions when according to the neighbors it does. Halls said that staff has their reasons and he may not always agree with them but every project has its byproducts and exploring possible adjustments make sense, but what everyone is looking for is increase in growth and decrease in truck traffic through the residential area. Hall says that the commission has a discussion portion of the meeting for a reason and should be sending communications to the City Council. Flynn would like to look into future enforcement of Newell Street. Flynn also points out to the audience that the commission is there to look at the specific site plan but they do hear the complaints about the truck traffic. It was moved by Hall, seconded by Flynn to close the public hearing. Motion passed unanimously. The hearing was closed at 5:49 p.m. It was moved by Trost, seconded by Holdiman to recommend approval of the site plan amendment with the conditions that 1) the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. and 2) the applicant work with the Traffic Department to design roadway improvements to the section of Newell Street east of the site and 3) that entrance drive be designed to encourage eastbound exit and west bound entrance. Motion carried unanimously. B. Plats 1. Request by MMS Consultants, Inc. on behalf of the City of Waterloo for the final plat of Northeast Industrial Park, Plat 4 located east of 1994 Newell Street. Dornoff read the staff report recommending approval with the condition that the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. Item was discussed with item A-4 above. It was moved by Trost, seconded by Holdiman to recommend approval of the final plat with the condition that the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. 2. Request by the City of Waterloo for the final plat of Waterloo Air and Rail Park 1St Addition a 3 - lot commercial subdivision located east of 2510 Leversee Road. -7 Page 262 of 268 Planning and Zoning Commission May 7, 2019 Dornoff read the staff report recommending approval of the final plat with the condition that the plat be updated and additional documents are submitted as required by staff before the request is sent to City Council. Anderson noted that the lots need to be numbered 1, 2 & 3. It was moved by Hall, seconded by Donat to approve the final plat request with the condition that the plat is updated and additional documents are submitted as required by staff before the request is sent to City Council. Motion carried unanimously. 3. Request by XL Colt Farms for the final plat of Audubon Hills Second Addition located east of 1866 Red Tail Drive. Hyberger read the staff report recommending approval with the condition that an Engineer's Certificate of Survey, Deed of Dedication, and Petition and Waiver Documentation are submitted to Staff to review before the plat is submitted to City Council for final approval. Donat asked if the concerns of Castle from Engineer were address and why it took 3 years for the final plat to come to council after the preliminary plat to which Hyberger answered that they were discussed in the staff report and they are minor items that will need to be included in the updated plat and this is the applicant has already done a final plat for first addition and this is the next and last phase of the project. Flynn asked about a portion south of the development that is not being developed to which Dornoff responds that the lot on the east side of Caras Road was set aside for a park in a previous development and the lot on the west side of Caras Road is privately owned. It was moved by Trost, seconded by Flynn to approve the final plat with the conditions that an Engineer's Certificate of Survey, Deed of Dedication, and Petition and Waiver Documentation are submitted to Staff to review before the plat is submitted to City Council for final approval . Motion carried unanimously. C. Vacates 1. Request by City of Waterloo to vacate a portion of Bluff Street from west 6th street to west 7th street. Schroeder read the staff report recommending approval of the vacate with the condition that an easement be retained over the entire portion to be vacated. Flynn asked about the location of the railroad to which Schroeder indicated it is further to the southeast from the site. It was moved by Hall, seconded by Flynn to approve the vacate with the condition that an easement be retained over the entire portion to be vacated. Motion carried unanimously. 2. Request by City of Waterloo to vacate right-of-way and a drainage easement located near the intersection of Martin Luther King, Jr. Drive and Idaho Street. Hyberger read the staff report recommending approval of the vacate. Donat noted that some of the property is located in the flood plain and Blowers Creek is located in the area and if that presents a problem to which Hyberger answered that as noted in the staff report the store will not be going into the area that is a floodplain and that the creek will not present an issue and is not in the floodplain. -8 Page 263 of 268 Planning and Zoning Commission May 7, 2019 It was moved by Flynn, seconded by Donat to approve the vacate. Motion carried unanimously. D. Historical Nomination 1. Request by the City of Waterloo to nominate the Walnut Neighborhood to the National Register of Historic Places. Dornoff gave the staff report recommending approval of the historical nomination. Flynn asked if this will cause people not to be able to tear down a house if they wish to which Dornoff answered that if the house is designated as a "A" or "B" property a person would have to come to the Historic Commission to get approval. It was moved by Flynn, seconded by Donat to approve the nomination of the Walnut Neighborhood to the National Register of Historic Places. Motion carried unanimously. VI. Discussion Halls stated that he would like to have a briefing on what the status is of the sidewalk infill policy and Wilber asked what the next steps would be to which Anderson responded that staff would look at the policy and then once it is satisfied with the policy it would be forwarded to city council. Hall asked if the commission can send discussion to City Council to which Anderson said it can be forwarded to city council. Wilber ask what the procedure is to get discussion items to the City Council to which Anderson responded to go through Dornoff. Anderson also stated that if the commission wants to get together and discuss these items that is fine so long as there is not a quorum present which would require a public notice. Flynn asked about the park at 4th and Shaulis to which Anderson responded that the department was tasked with looking at all city properties and see what is needed and what could be sold and it is not looking at selling parks in whole but to look at selling portions that are not being utilized. The next meeting will be on June 4th, 2019. VII. Adjournment It was moved by Hall, seconded by Trost, to adjourn the meeting at 6:48 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I -9 Page 264 of 268 CITY OF WATERLOO Council Communication Communication from the Waterloo Public Library on the notice of the conclusion of employment for Carolyn D. Sallis, Library Assistant, effective May 31, 2019, with recommendation of approval of payout of $3,490.66 for unused benefits. City Council Meeting: 6/17/2019 Prepared: REVIEWERS: Department Reviewer Action Date Human �.�n i . iso• ,. rces Dunn, ....,ance Approvc 6/12r 01 1( :_ AM C e rOffice Even, I eAnn. Approved 6/12/2019 ,,,,,,11 :32 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Public Library on the notice of the conclusion o f employment for C aro lyn D. S allis, Library Assistant, effective May 31, 2019, with recommendation of approval of payout of $3,490.66 for unused benefits . Submitted by: Submitted By: Page 265 of 268 To: City Council Members Re: Notice of Severance Department Job TitIe/Cassification T CITY HALL Library A 715 MULBERRY STREET 50*103 Today's Date: 6/10/2019 Effective Date: 5/31/2019 Employment 'late: 8/29/1988 This is to report that the employment of 40 -hour Libra Assistant Carolyn D. Sallis with the City of Waterloo has been severed by reason of: Retired Disability Related M No LiYes Resigne Termination Other a I In accordance with City Policy, it is requested to allow payment which consists of the fol owing: Benefits Vacation -Accrued Vacation -Current Usable Sick Leave Frozen Sick Leave Personal Hours Comp TIme Pay Unscheduled Leave Other Pay Total Hours 151.2 7 (x) Hourly Rate 23.22 23.22 (x) 25% 60% Total Payout 3510.86 $ 162.54 0.13 23.22 3.02 Total Paymen Comments: Overused 8 hours of sick leave = S185.76 (185.76) 3,490.66 Approved by Human Resource 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: L Accruais OStatus 0-9 Date Date 6/10/2019 Updated 6/28/11 Page 266 of 268 CITY OF WATERLOO Council Communication Communication from the Waterloo Public Library on the notice of the conclusion of employment for Andrew D. Branstad, Library Assistant, effective June 3, 2019, with recommendation of approval of payout of $640.87 for unused benefits. City Council Meeting: 6/17/2019 Prepared: REVIEWERS: Department Reviewer Action Date Human �.�n i . iso• ,. rces Dunn, ....,aii. ce Approvc 6/12/: 01 1( :_ AM C e rk Office Even, I. eAn. Approved 6/12/201 ,,,,,,1131 AM ATTACHMENTS: Description SUBJECT: Type Communication from the Waterloo Public Library on the notice of the conclusion of employment for Andrew D. Branstad, Library Assistant, effective June 3, 2019, with recommendation of approval of payout of $640.87 for unused benefits. Submitted by: Submitted By: Page 267 of 268 r.„ t 0 \ CITY OF WATER To; City Council Members Re: Notice of Severance Department Job TItieICiassifIcaton This is to report that the employment of 1 10 A CITY HALL 715 MULBERRY STREET 50703 Libra Today's Date: Effective Date: Employment Date: 6/25/2018 10/2019 6/3/2019 20 -hr Libra Assistant AndrewD. Branstad with the City of Waterloo has been severed by reason of: Retired Disability Related ri Resigned Ell Termination E:1 other In accordance with City Policy, it is requested to ail w payment which consists of the following: Total Payout Vacation -Accrue able Sick Lcave Hazen Sick Leave nsc Iodated Leave Co m nts: 25 of 36 hors sick leave bah nce goes to casual for payout Approved by Hu an Resources Date 6/10/2019 Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: 0 Accruals tatus Update 8/11 Page 268 of 268