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HomeMy WebLinkAboutCouncil Packet - 10/26/2020 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, October 26, 2020 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. on 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. on 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. on 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 107 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Joel Fitzgerald, Police Chief Agenda, as proposed or amended- Minutes of October 19, 2020, Regular Session, as proposed. Proclamation declaring the United Nations 75th Anniversary on October 24, 2020. Proclamation declaring October 25-31, 2020 as National Lead Poinsoning Prevention Week. 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 authorizing transfers outlined below to comply with state law: 1. Reduce the transfer from Fund 101, Tax Increment Financing Fund, to Fund 100, Debt Service Fund, to correct the amount transferred for interest paid on refunded bonds, in the amount of$207,458.02, effective June 30, 2020. 2. Reduce the transfer from Fund 520, Sewer Fund to Fund 100, Debt Service Fund, to correct the amount transferred for interest paid on refunded bonds, in the amount of$88,928.22, effective June 30, 2020. 3. $1,000,000 from Fund 101, Tax Increment Financing Fund, to Fund 426, Capital Projects Fund, to reimburse eligible contract expenses for North Crossing, effective June 30, 2020. Submitted By: Michelle Weidner, Chief Financial Officer 3. Resolution approving request to utilize a bid, originally awarded by Council on March 8, 2019, to purchase three (3) 2021 119 Explorer AWD SUVs, from Stivers Ford of Waukee, Iowa, in the amount of $35,088 each, for a total of $105,264, for the Police Department. Submitted By: Randy Bennett, Public Works Division Manager Page 2 of 107 4. Resolution setting date of public hearing as November 9, 2020, to approve a twenty-year Aviation No Fee Agreement, with the Iowa National Guard for use of City owned property located east of 3210 Moline Road, parcel number of 8912- 06-351-003, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Lt. Greg Fangman Class/Meeting: Background Investigations for Police Applicants. Destination: Cedar Falls, Iowa Dates: 11/12-13/2020 Amount not to exceed: $385 1. LIQUOR LICENSES a. Love's Travel Stop#702, 3301 Greyhound Dr., Suite A Class: B Wine and C Beer Renewal Application Includes Sunday Expiration Date: 11/16/2021 b. Kings and Queens Club, 304 W. 4th St. *Ownership Update* Class: C Liquor and Outdoor Service New Application Includes Sunday Expiration Date: 11/15/2021 2. APPOINTMENTS a. Ryan Vestal Board/Commission: Electrical Examiners and Appeals Board Expiration Date: November 1, 2023 Re-Appointment 3. Motion approving Change Order No. 1 from Woodruff Construction, LLC, of Waterloo, Iowa, for a net increase of $8,849, in conjunction with the 5 Sullivan Brothers Convention Center 2020 Skywalk Improvements Project, and authorizing the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director PUBLIC HEARINGS 2. Request by MercyOne Waterloo Medical Center for a Site Plan Amendment to the "S-1" Shopping Center District, for a new physical therapy and wellness center, located at 2206 Kimball Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Page 3 of 107 the Official Zoning Map referred to in Section 10-4-4, to approve a request by MercyOne Waterloo Medical Center for a Site Plan Amendment to the "S-1" Shopping District, for a new physical therapy and wellness center, located at 2206 Kimball Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 3. Resolution approving a Development Agreement with JSA Development, LLC, for the rehabilitation of 704-706 Jefferson Street/301-307 West 5th Street, including a grant of $230,000, tax rebates of 70 percent for 15 years, and a new Minimum Assessed Value of$862,440, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2020 Sidewalk Repair Assessment Program- Zone 9, Contract No. 981, and instruct City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 5. Resolution approving a Special Amendment to the Professional Services Agreement with AECOM Technical Services, Inc., in an amount not to exceed $9,600, originally executed April 15, 2014, in conjunction with the FY 21 Vertical Infrastructure Projects, Iowa DOT Contract No. 22634, at the Waterloo Regional Airport, and authorizing thhe Mayor to execute said documment. Submitted By: Keith Kaspari, Airport Director 6. Resolution authorizing an exception to the City of Waterloo purchasing procedures, to approve the purchase of six(6) adult and six(6) pediatric C-MAC©video laryngoscope systems, from Karl Storz Endoscopy-America, Inc., in the amount of$74,873.36. Submitted By: Jason Hernandez, Medical Supervisor 7. Resolution approving changes to the City Travel and Meetings Policy, effective November 2, 2020. Submitted By: Michelle Weidner, Chief Financial Officer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:00 p.m. Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 4 of 107 PUBLIC INFORMATION 1. Leisure Services Commission Minutes of September 8, 2020. 2. Community Development Board Meeting Minutes September 2020. Page 5 of 107 CITY OF WATERLOO Council Communication Joel Fitzgerald, Police Chief City Council Meeting: 10/26/2020 Prepared: Submitted by: Submitted By: Page 6 of 107 CITY OF WATERLOO Council Communication Minutes of October 19, 2020, Regular Session, as proposed. City Council Meeting: 10/26/2020 Prepared: ATTACHMENTS: Description Type U Minutes of October 19, 2020 Backup Material Submitted by: Submitted By: Page 7 of 107 October 19, 2020 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, October 19, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Margaret Klein, Ward 1 Council Member 159210 - Juon/Klein that the Agenda, as proposed, for the Regular Session on Monday, October 19, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159211 - Juon/Klein that the Minutes, as proposed, for the Regular Session on Monday, October 12, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS David Dryer, 3145 W. 4t' Street, commented that his ward representative has never asked his opinion on holding monthly ward meetings. He asked that council to not hold two meetings per month as it would restrict people's ability to speak at meetings. Forest Dillavou, 1725 Huntington Road, commented that the pothole filling process in Waterloo has approved significantly. He thanked the city for making pothole-filling better in Waterloo. Mr. Boesen questioned when the All In Grocers Development agreement would come back to council for amendment. He also questioned when the CIP process would begin so that it is locked in prior to starting the budget process. Noel Anderson, Community Planning and Development Director, commented that he has a meeting scheduled with the developers of All In Grocers and will be coming to council after that. He stated that CIP information will be going out to departments this week and the turnaround time will shorten to three to four. Mayor Hart commented he has been having conversations with Mr. Boesen about how to streamline some processes. Mr. Grieder commented that prior to starting council he was the West High Youth City Council representative and added that he is incredibly proud of the students. Mrs. Klein questioned if bids have come back on the Williston Street house. Noel Anderson commented that it is item number four on the consent agenda. He added that they expect the work to be done this winter. Mr. Amos thanked everyone for the condolences and cards he has received in the passing of his wife. 159212 - Juon/Klein that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159213 - Juon/Feuss that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: Page 8 of 107 October 19, 2020 Page 2 1. Resolution approving Finance Committee Invoice Summary Report, dated October 19, 2020, in the amount of$3,056,861.67, 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. 2020-777 2. Resolution approving award of bid to Pro Track and Tennis of Bennington,Nebraska, in the amount of$77,250, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2021 Byrnes Tennis Center Resurfacing Project, Contract No. 1038, and authorizing the Mayor and City Clerk to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2020- 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 19, 2020 and date of public hearing as November 23, 2020, in conjunction with the FY 2021 Leversee Road Lift Station Project, Contract No. 983, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020- 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 5, 2020 and date of public hearing as November 9, 2020, in conjunction with Demolition Services, Contract No. RD-2020-11-02P, located at 508 Bratnober Street and 811 Williston Avenue, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020- b. Motion to approve the following: I• Approved Beer, Liquor, and Wine Applications Name &Address of Class New or Expiration Includes Business Renewal Date Sunda a. The Loft, 710 Jefferson Class C Liquor New 1/13/2021 X Street#4 b. Knights of Pythias- Class C Liquor Renewal 9/16/2021 X Feurgerson Lodge#5, 244 w\Outdoor Service Ash Street c. K-Zar, 1761 Independence Class B Wine and C Beer Renewal 10/13/2021 X Ave. d. The Comfort Zone, 213 E. Class C Liquor Renewal 1/17/2021 X 5th Street e. Chapala Mexican Restaurant, Class C Liquor New 10/01/2021 X 900 LaPorte Road 2. Motion approving Change Order No. 1 with Advanced Environmental Testing and Abatement, Inc., of Waterloo, Iowa, for a net decrease of $4,378, in conjunction with asbestos abatement services, Contract No. AB-2020-08-8P, and authorizing the Mayor to execute said document. Roll Call vote-Ayes: Seven. Motion carried. RESOLUTIONS 159214 - Morrissey/Boesen that "Resolution approving the process of mud jacking for residential and commercial repair of concrete sidewalk sections that have sunk or become uneven and are not fractured, cracked, or broken", be adopted. Roll call vote-Ayes: One. Nays: Six (Boesen, Amos, Klein, Feuss, Grieder, and Juon). Motion carried. David Dryer, 3145 W. 4th Street, commented that he is not clear on the cost for mudjacking. Page 9 of 107 October 19, 2020 Page 3 Rich Penn, 318 Wellington Street,made commented that he had a long presentation prepared and that over the weekend he spent time condensing the material. He commented that he would speak on four points, including his background, the background on the way he thinks through a process, the actual process, and the impacts and unintended consequences of a process. Discussion occurred between Mr. Morrissey, Mayor Hart, and Mr. Penn regarding how presenting information and discussing this topic with the public and council should occur. Tim Combs, BC Construction, Inc., commented that he has done mudjacking for twenty years. He called around to several cities to see if they allow mudjacking and many do allow it,but those that do generally prohibit utilizing the polyfill system. Rick Penn, spoke regarding his background in marketing and historic home restoration. He shared four points that guide his thinking in analyzing problems and applied these points to the sidewalk assessment program. Mr. Morrissey commented that numerous communities in Iowa allow mudjacking as it saves individuals a lot of money. He commented that he believes people should have an option to choose what they wish to do with their money. Mr. Boesen commented that he believes that in order to repair concrete it is essential to look at the soil. He stated that he could agree with mudjacking but that an inspection process would need to be established. Mr. Grieder commented that sidewalks are a public good not only for the property owner but also for the people using the sidewalk. He stated that he does not believe that mudjacking is a proper solution. Mrs. Klein commented that she would follow the recommendation of the City Engineer and not allow mudjacking. Mrs. Juon commented that she shared Mr. Grieder and Mrs. Klein's sentiment and does not support allowing mudjacking. In addition, she shared that she is not convinced that this will save the public money. Mr. Feuss commented that he supports a permit compromise in the future and that he likes the idea of providing citizens with cost relief for sidewalk repair. He stated that at this time he does not think the city is prepared to move forward with allowing mudjacking. Mr.Amos commented that he understands what Mr. Morrissey is doing from the standpoint of helping citizens out with cost. He has concern about allowing mudjacking as it does not repair the soil below and that he supports sticking with the process as it is. Mr. Morrissey commented that he is unsure if the council did homework on this topic but he spoke to fifteen communities on this issue and the majority allowed mudjacking. Resolution adopted and upon approval by Mayor assigned No. 2020- 159215 - Klein/Boesen that "Resolution approving Consent to Transfer and Assignment Agreement with Bob C. Moore and 401 Devonshire, LLC, for property located at 401 Devonshire Drive, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen requested an overview as the development has been to council several times for amendments. Noel Anderson,Community Planning and Development Director,explained that construction has been progressing on the project but the developer wanted to put the project in a different LLC. Resolution adopted and upon approval by Mayor assigned No. 2020- Page 10 of 107 October 19, 2020 Page 4 159216 - Klein/Boesen that "Resolution approving a Real Estate Purchase Agreement with AKE LLC, in the amount of $34,000 with up to $5,000 in closing costs, to purchase a lot south of 3175 Logan Avenue, parcel number 8913-02-476-048, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Four. Nays: Three (Boesen, Klein, and Grieder). Motion carried. Mr. Boesen questioned if someone is interested in building on the lot. Noel Anderson commented that they have shown the property to three companies and told them that the city is looking to purchase the property. Mr. Boesen questioned if the property would need to be rezoned. Noel Anderson confirmed. Mr. Boesen made comments regarding the size of the property and the difficulty its size may present for development and the property's proximity to residential housing. Noel Anderson commented that they would look at the surrounding uses to make sure that the development meshes well with those. Resolution adopted and upon approval by Mayor assigned No. 2020- 159217 - Klein/Boesen that"Resolution approving an Encroachment Agreement with Scott Ford to allow for a 27-foot by 28- foot accessory structure, located at 1661 Wakonda Drive, that encroaches 3-foot into the right-of-way of West Donald Street, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen requested an overview of the item. Noel Anderson, Community Planning and Development Director, explained the need for the encroachment agreement. He added that Mid-American Energy had been contacted to ensure the roofline of the addition did not interfere with utility pole wires. Resolution adopted and upon approval by Mayor assigned No. 2020- 159218 - Klein/Boesen that "Resolution approving the Economic Development Assistance Grant Contract with Lincoln Savings Bank and Iowa Economic Development Authority, Contract No. 20-HQJP-016, and authorizing the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020- 159219 - Klein/Boesen that "Resolution approving Amendment No. 2 to a Professional Services Agreement with Invision Architecture, LTD, originally executed September 19, 2020, in conjunction with the Waterloo Center for the Arts Parking Redevelopment Phase II Project, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson,Community Planning and Development Director,provided an overview of the project. Mr. Boesen questioned if the parking is for the mixed-use building located at 302 Commercial. Noel Anderson commented that 302 Commercial has parking available between them and the tattoo shop. Resolution adopted and upon approval by Mayor assigned No. 2020- Page 11 of 107 October 19, 2020 Page 5 159220 - Klein/Boesen that "Resolution approving Amendment No. 2 to a Professional Services Agreement with Invision Architecture, LTD, originally executed September 19, 2020, in conjunction with the Waterloo Center for the Arts Parking Redevelopment Phase II Project, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020- 159221 - Klein/Boesen that"Resolution approving the work with Shakespeare Lighting Design, LLC, for activities described in Fee Estimate document, for a total of$12,625, with Waterloo Development Corporation providing 50 percent matching funds, for a City commitment of up to $6,312.50, in conjunction with the 4th Street Bridge and River Cascades Lighting Designs for Downtown Waterloo, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020- 159222 - Boesen/Klein that "Resolution approving Supplemental Agreement No. 1, to a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed May 4, 2020, in an amount not to exceed $29,500, in conjunction with the FY 2021 Waterloo Regional Airport Water Main Improvements - Phase I Project, Contract No. 1033, and authorizing the Mayor to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020- 159223 - Boesen/Klein that "Resolution approving the Animal Control Services Agreement with the City of Cedar Falls commencing November 1, 2020 thru October 31, 2023,with an increase not to exceed 2.5 percent per year, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote- Ayes: Seven. Motion carried. ADJOURNMENT 159224 - Boesen/Klein that the Council adjourn at 7:04 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 12 of 107 0 0 0 CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, 2020 marks the 75th anniversary of the founding of the United Nations since the Charter was signed in San Francisco on June 26, 1945, and came into force on October 24, 1945; and WHEREAS, for 75 years, the United Nations, born from the rubble and devastation of World War II, has provided a forum for international cooperation and diplomacy, and been a beacon of light for multilateralism, international peace and security, economic and social well-being, and human rights for all; and WHERE 5, the active participation of global civil society, governments and world leaders is an essential component for the continued success and strength of the United Nations and the collective fulfillment of the United Nations Sustainable Development Goals by 2030, as approved unanimously by Member States; and WHEREAS, the United Nations has remained an indispensable partner for the United States to protect our national security, economic, environmental, and foreign policy interests, as well as to promote our nation's historic shared values; and WHEREAS, the United Nations has declared the theme of this year's commemoration to be "2020 and Beyond: Shaping Our Future Together," and has encouraged people in all countries to join the largest global conversation about their visions for the future we want; NOW, THERUOIRCEEK, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby 1) recognize the 75th anniversary of the establishment of the United Nations, as well as the needs for, and benefits of international cooperation; 2) affirm the importance of promoting awareness and increasing support for the principles and vital work of the United Nations to address the most pressing global issues facing humanity; 3) applaud the United Nations for its critical role in maintaining international peace and security, combating terrorism, and protecting human rights; 4) commend the United Nations for its leadership and ongoing efforts to mobilize international collaboration and Member States' actions to achieve the 17 Sustainable Development Goals by 2030; 5) acknowledge with appreciation the leadership and ongoing efforts of the United Nations to address global health crises, including combating COVID-19, HIV/AIDS, smallpox and polio; 6) applaud the United Nations for its response to unprecedented humanitarian crises due to natural and human causes that have resulted in a staggering escalation of displacements and suffering; 7) encourage residents of all ages in Waterloo, Iowa to commemorate and celebrate the purposes, principles, programs and achievements of the United Nations; and 8) call on the United States government to reaffirm its long-standing support for the United Nations, its principles and programs, and to re-establish ties that have been severed to the World Health Organization and other agencies. IN R(rM SS R(H 0F, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 26th day of October 2020. ATTEST: v W� ielley Fel h e Quentin Hart City Clerk — Mayor O — O O Page 13 of 107 ..._I VITY -0 low_ PROCLAMATION IIIE�, lead exposure to children can result from multiple sources and can cause irreversible and life-long health effects. W».��'+1 ' thousands of children have been/are lead poisoned in in the United States Wn 9 lead is especially dangerous to children under the age of 6; IIAEREM, lead poisoning is preventable; the key is to keep children from coming into contact with lead; kEUM, there are simple steps that can be taken to protect all family members from lead based-paint hazards in the home; education and awareness about the dangers of lead can help protect the lives of children living in the United States. NOW, THEWOR , I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of October 25 —31, 2020, as NATIONAL LEAD POISONING PREVIUMON WkEK BE IT FURTHER RESOLVED that citizens and government officials of City of Waterloo shall observe this week with appropriate programs and activities designed to enhance public awareness of lead poisoning prevention and the ways we can protect our families from lead poisoning. IN YI MESS IAMAMOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa, to be affixed this 26th day of October 2020. AT E K 2Fe1c '1 Quentin Hart City Clerk Mayor Page 14 of 107 CITY OF WATERLOO Council Communication Resolution Authorizing Fund Transfers. City Council Meeting: 10/26/2020 Prepared: 10/14/2020 Resolution authorizing transfers outlined below to comply with state law: 1. Reduce the transfer from Fund 101, Tax Increment Financing Fund, to Fund 100, Debt Service Fund, to correct the amount transferred for interest paid on refunded bonds, in the amount of$207,458.02, effective June 30, 2020. SUBJECT: 2. Reduce the transfer from Fund 520, Sewer Fund to Fund 100, Debt Service Fund, to correct the amount transferred for interest paid on refunded bonds, in the amount of$88,928.22, effective June 30, 2020. 3. $1,000,000 from Fund 101, Tax Increment Financing Fund, to Fund 426, Capital Projects Fund, to reimburse eligible contract expenses for North Crossing, effective June 30, 2020. Submitted by: Submitted By:Michelle Weidner, Chief Financial Officer The amount of the transfer from the Tax Increment Financing Fund to the Debt Service Fund is being reduced by $207,458.02. The amount of the transfer from the Sewer Fund to the Debt Service Fund for the payment of bond principal and interest for the the year ended June 30, 2020 is being Summary Statement: reduced by the amount of$88,928.22. The original transfers from these funds did not reflect a refunded bond issue. Apayment of$1,000,000 was inadvertently recorded directly in Fund 101, Tax Increment Fund, that is being corrected to reflect the expense in Fund 426 and the transfer of TIF revenue to Fund 426 for that transaction. Page 15 of 107 CITY OF WATERLOO Council Communication Resolution approving request to utilize a bid, originally awarded by Council on March 8, 2019, to purchase three(3)2021 119 Explorer AWD SUVs, from Stivers Ford of Waukee, Iowa, in the amount of$35,088 each, for a total of$105,264, for the Police Department. City Council Meeting: 10/26/2020 Prepared: 10/20/2020 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material Resolution approving request to utilize a bid, originally awarded by Council SUBJECT: on March 8. 2019, to purchase three (3)2021 119 Explorer AWD SUVs, from Stivers Ford of Waukee, Iowa, in the amount of$35.088 each, for a total of$105.264, for the Police Department. Submitted by: Submitted By:Randy Bennett, Public Works Division Manager Recommended Action: Approve Resolution Summary Statement: Request authorization to purchase from existing bid for three (3)Police SUVs for FY21. $35,088.00 per SUV Expenditure Required: TOTAL- $105,264.00 Source of Funds: GO Bond Funding 419 &420-11-1100-2117 Policy Issue: Strategy:2.2:Enlist all City Departments and staff members in efforts to promote a safer community. Recommendation is to purchase 6-7 Police vehicles per year to replace Background Information: vehicles in poor condition with over 100,000 miles and vehicles taken out of service. Page 16 of 107 PURCHASE (6) AWD utility vehicles for Police Department Bid Tab: April 4, 2019 Estimate: $210,000.00 Bidder Bid Amount Bill Colwell $35,247.00/$211,482.00 Hudson, IA Stivers Ford $35,088.00/$210,528.00 Waukee, IA Charles Gabus Ford $37,970.00/$227,820.00 Des Moines, IA Rydell of Independence $38,419.00/$230,514.00 Independence, IA Page 17 of 107 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as November 9, 2020, to approve a twenty-year Aviation No Fee Agreement, with the Iowa National Guard for use of City owned property located east of 3210 Moline Road, parcel number of 8912-06-351-003, and instruct the City Clerk to publish notice. City Council Meeting: 10/26/2020 Prepared: 10/21/2020 ATTACHMENTS: Description Type ❑ Environmental Backup Material ❑ Agreement Backup Material ❑ Environmental Statement Backup Material Resolution setting date of public hearing as November 9. 2020, to approve a SUBJECT: twent -year Aviation No Fee Agreement, with the Iowa National Guard for use of City owned property located east of 3210 Moline Road, parcel number of 8912-06-351-003, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval. The National Guard is looking to utilize City owned property for routine aviation training pursuant to state or federal training requirements. This training requires a rural non-populated training area. Aviation training may be Summary Statement: conducted both day and night with one or more aircraft, but not between 2200 and 0700 hours. No ground personnel or vehicles are routinely involved with this training. Ground vehicles may need to be used for recovery operations. This is a 20 year lease. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use PART SW FRL I/4 SEC 6 T 89 R 12 BEG AT PT ON W LINE SW FRL 1 /4 WHICH IS 1851.67 FT N OF SW COR SAID SEC TH N 89 DEG 25 M IN 18 SECONDS E 438.88 FT TH S 33 DEG 49 MIN 24 SEC W 153.4 FT TH S 69 DEG 15 MIN 02 SEC E 220.74 FT TH N 33 DEG 50 MIN 26 SECONDS E 70 FT TH S 56 DEG 09 MIN 17 SECONDS E 126.31 FT TH S 14 DEG 12 MIN 09 SECONDS E 1167.76 FT TH N 75 DEG 46 M IN 49 SEC E300FTTHN 14 DEG 12 MIN 14 SECONDS W 405 FT TH N 66 DEG 0 MIN 06 SECONDS E 4 Legal Descriptions: 33.8 FT TH S 52 DEG 42 MIN 55 SECONDS E 1534.95 FT TO PT ON E LINE SW FRL 1/4 WHICH IS 198 FT N OF SE COR TH N 01 DEG Page 18 of 107 14 MIN 05 SEC- ONDS W 491.5 FT A LONG E LINE SW FRL 1/4 TH N 50 DEG 49 MIN 34 SEC- ONDS W 172 5.9 FT TH 86 DEG 08 MIN 26 SEC ONDS E 416.2 FT TH N 63 DEG 14 MIN 36 SECONDS E 136.5 FT TH N 26 DEG 52 MIN 30 SECONDS W 5 2.17 FT TO S LINE N 47 A TH S 89 DEG 25 MIN 18 SECONDS W 197 2.12 FT TO W LINE SW FRL 1/4 T H S 0 DEG E 60 FT TO PT OF BEG Page 19 of 107 Figure 16-1 WEEKEND TRAINING SITE(WETS)ENVIRONMENTAL DATA SHEET GENERAL INFORMATION: UNIT: Army Aviation Support Facility,Waterloo UNIT POC: CW3 Matthew Smaldino ADDRESS: 2245 West Big Rock Road UNIT PHONE NUMBER: 319 234-1372 CITY: Waterloo STATE,ZIP: Iowa,50701 TRAINING SITE INFORMATION: LANDOWNER/POC: City Of Waterloo COUNTY: Black Hawk PHONE: 319 291-4366 APPROX.ACRES: 37 ADDRESS: 715 Mulberry Street SITE LOCATION: Plot ID: 8912-06-351-003 CITY: Waterloo ZONING: AGO STATE,ZIP: Iowa 50703 LENGTH OF LEASE/AGREEMENT: 20 years NUMBER OF TIMES USED PER YEAR: 50 ARE THERE BUILDINGS ON SITE?: No ARE ANY OFF LIMITS? ❑ YES X❑ NO NOTE ANY RESTRICTED AREAS(e.g.,foot or wheeled traffic only,etc.) Training limited to the top of the berm/dike or concrete water management overflow area LEVEL OF TRAINING: Mission Training TYPE OF TERRAIN: Grass covered burm and Concrete INGR 350-1 •Date 86 Page 20 of 107 I. Outline of activities that are proposed for this WETS involve: ❑Excavating by hand ❑Excavating by equipment ❑Work in waterways F-1 Stream crossings ❑Use of lasers(MILES) ❑Use of pyrotechnics ❑Live firing ❑Blank firing ❑Use of incendiary devices ❑Use of smoke producers ❑Use of gases ❑Summer use(21 Jun—22 Sep) ❑Autumn use(23 Sep—21 Dec) ❑Winter use(22 Dec—19 Mar) ❑Spring use(20 Mar—20 Jun) ❑Bivouac quartering ❑Military watercraft(motorized) ❑Use of barbed wire ❑Assault training ❑Defense emplacement training ❑Supply transport ❑Off-road vehicle travel ❑Cutting of live vegetation ❑Potential for any discharge into waterways ❑Field refueling operations ❑Field mess operations ❑Latrine/shower points ❑Permanent construction ❑Field waste disposal ❑Transport/storage of explosives ❑POL transport/storage ❑Night operations ❑Use of tracked vehicles ❑Field heating ❑Field lighting ❑Foot training ❑Medium weaponry ❑Heavy weaponry ❑Bayonet drill/Obstacle course x❑Aircraft operations ❑Campfires ❑Tracked vehicle use INGR 350-1 •Date 87 Page 21 of 107 AVIATION NO FEE AGREEMENT 1. NATURE OF THIS AGREEMENT: This is an Agreement for the use of real property located at_Black Hawk County Plot ID: 8912-06-351-003 also known as the Virden Creek Dam(legal description on Attachment A) by the Iowa National Guard(Guard) for routine aviation training conducted pursuant to state or federal training requirements. This training requires a rural non-populated training area. Aviation training may be conducted both day and night with one or more aircraft,but not between 2200 and 0700 hours. No ground personnel or vehicles are routinely involved with this training. Ground vehicles may need to be used for recovery operations. Activities generally will be as indicated on Figure 16-1 attached hereto. 2. PARTIES TO THIS AGREEMENT: The parties to this Agreement are the Iowa National Guard and City of Waterloo Iowa , the a owner of the land(Owner). 3. THE PARTIES ALSO AGREE AS FOLLOWS: a. The Owner herby grants permission to the Iowa Army National Guard to enter upon,use and remain on the above land for aviation training activities indefinitely or from 12 AUG 2020_to 31 AUG 2040 , subject to earlier termination as set forth in Section 4. b. This agreement is given voluntarily as an accommodation to the Iowa National Guard, and is without cost to the Iowa National Guard and its officers and members. The Owner will not provide services, supplies, or other utilities for which reimbursement is expected. c. The Iowa National Guard agrees that aviation training activities will be conducted on land specifically designated by the Owner, and that such activities will not interfere in any way with known activities,persons or livestock. d. The Iowa National Guard will not erect any buildings or other structures upon the land. The Iowa National Guard will make no improvements to the land, other than removal and general cleanup of debris that may be caused by the aviation training activities. The property will be left in or restored to its pre-event condition. e. No harm or damage to the land, including trees, shrubberies, or crops, is anticipated in connection with the training exercise, nor are claims against the Owner for injuries to Iowa National Guard personnel or others participating in the training, however; should such harm, damage or claims occur, any and all claims for damages will be processed and awarded consistent with Article VII, Section 1 of the Iowa Constitution, Iowa Code Chapter 669, and the Federal Tort Claims Act, 28 U.S.C. 2671-2680. Page 22 of 107 SUBJECT: Aviation NO FEE Agreement—(Insert WET Site name here) f. Subject to this paragraph, the Guard's use of the real estate shall be exclusive only during those time periods when the Guard is using the real estate, and the Owner shall not allow any other person or entity upon the real estate without prior coordination with the training area commander. The Guard shall make use of the real estate during those times required for the mission during training periods and at such other times as may be agreed by the Guard, through its training area commander, and the Owner. The Guard shall provide reasonable advance notice to the Owner of any training period. Notwithstanding the foregoing, the Owner, its employees and agents, shall have access to and use of the real estate in any situation where an emergency exists that involves the real estate, and shall make reasonable effort to notify the training area commander of any such use during a Guard training period. Further, the Owner, its employees, contractors and agents, shall have use of the real estate for any municipal purpose at any time that is not a Guard training period. The Guard agrees that it shall be responsible for all injuries to its personnel or personnel of other agencies participating in the training, and damage to the equipment or property of the Guard, other agencies, or such personnel, where such injuries or damage occur in the line of duty and not due to the negligent or willful conduct of the Owner, and the Guard shall hold the Owner harmless from any claims, demands, causes of action, expenses, costs, or liabilities of any type or nature whatsoever, including but not limited to attorneys' fees and expenses, arising from or in connection with such injuries or damages. g. The Iowa National Guard designates COL Timothy Eich , (Rank,Name) Commander of_Army Aviation Support Facility, 2245 West Big Rock Road Waterloo Iowa 50701 319 234-1372, (Unit&Address) (Telephone number) Point of Contact for the Iowa National Guard for the purposes of providing information regarding this Agreement. The Owner designates Jamie Knutson, City Engineer, 715 Mulberry Street, Waterloo, Iowa 50703,phone 319-291-4312, as the Owner's point of contact for purposes of this Agreement. 4. TERMINATION: This Agreement may be terminated at any time by either party by providing the other party at least thirty(30) days written notice, via certified, return- receipt-requested United States Mail. 5. EFFECTIVE DATE: This Agreement shall become binding and effective upon approval by the State of Iowa Armory Board. 6. ENTIRE AGREEMENT; AMENDMENT: This Agreement represents the entire agreement of the parties pertaining to its subject matter and supersedes all prior or contemporaneous understandings or agreements. This Agreement may be amended only by a written instrument duly executed by the parties. CITY OF WATERLOO, IOWA Iowa ARNG Form 350-46,Agreement Page 23 of 107 SUBJECT: Aviation NO FEE Agreement—(Insert WET Site name here) (Commander,Aviation Unit) (Landowner) (Date) (Date) THRU: NGIA-OPS Recommend: Approval/Disapproval. (Deputy Chief of Staff of Operations) (Date) TO: NGIA-ICC-SQM Approved/Disapproved. FOR THE ADJUTANT GENERAL/ARMORY BOARD: (State Quartermaster) (Date) Iowa ARNG Form 350-46,Agreement Page 24 of 107 Attachment A Virden Creek Dam Legal That part of the Southwest Fractional Quarter of Section six,Township Eighty-nine North, Range Twelve West of the Fifth Principal Meridian, Black Hawk County, Iowa, described as follows: Beginning at a point on the West line of said Southwest Fraction Quarter which is one thousand eight hundred fifty-one and Sixty-seven hundredths (1851.67)feet North of the Southwest corner of said section six; thence N89°25'18"E a distance of Four Hundred Thirty-Eight and Eighty-eight hundredths (438.88)feet;thence S33°49'24"W a distance of One Hundred Fifty-three and Four tenths (153.4)feet; thence S69°15' 02"E a distance of Two Hundred Twenty and Seventy-four Hundredths (220.74)feet;thence N33°50'26"E a distance of seventy(70)feet;thence S56°09'17"E a distance of One Hundred Twenty-six and Thirty-one hundredths (126.31)feet; thence S14°12'09"E a distance of One Thousand One Hundred Sixty-seven and Seventy-six hundredths (1167.76)feet;thence N75°46'49"E a distance of Three Hundred (300.0)feet; thence N14°12'14"W a distance of Four Hundred Five (405.0)feet;thence N66°00'06"E a distance of Four Hundred Thirty-Three and eight tenths (433.8) feet; thence S52°42'55"E a distance of One Thousand Five Hundred Forty-three and Ninety-five hundredths (1543.95)feet to a point on the East line of said Southwest Fractional Quarter which is One Hundred Ninety-eight (198.0)feet North of the Southeast corner of said South-west fractional quarter;thence N01°14'05"W a distance of Four Hundred Ninety-one and Five Tenths (491.5)feet along the East line of said Southwest Fractional Quarter;thence N50°40'34"W a distance of One Thousand Seven Hundred Twenty-five and Nine Tenths (1725.9)feet; thence N86°08'26"E a distance of Four Hundred Sixteen and Two Tenths (416.2)feet; thence N63°14'36"E a distance of One hundred Thirty-six and Five Tenths (136.5)feet; thence N26°52'30"W a distance of Fifty-two and Seventeen Hundredths (52.17)feet to the South line of the North Forty-seven Acres of said Southwest Fractional Quarter; thence S89°25'18"W a distance of One Thousand Nine Hundred Seventy-two and Twelve Hundredths(1972.12)feet to the West line of said Southwest Fractional Quarter; thence S00°00'E a distance of Sixty feet to the point of beginning, containing 37.61 Acres including present established Road. Page 25 of 107 n { x Ky, �x Page 26 of 107 = IZ Pinnacle w _ +l' h approach to darn .aOIL North west approach ' South east approach !! F-rA161ne:H, 1T WH 5663 1064 ` � NOTE: The project proponent does not need to fill out shaded sections of the form. NGIA- DIM-E will complete the shaded sections and review the proponent's sections. The Environmental Program Manager will sign the completed Record of Environmental Consideration and Environmental Checklist and return to the proponent. RECORD OF ENVIRONMENTAL CONSIDERATION 1. Project name: Landing Zone Pinnacle 2. Today's date: 12AUG2020 3. Anticipated start date: 12AUG2020 NOTE: This section will be completed by NGIA-DIM-E. 4. It has been determined that the action: ❑ a. Is adequately covered in the existing EA ❑ EIS ❑ Title and Date: ❑ b. Qualifies for Categorical Exclusion # ❑ c. Is exempt from NEPA requirements Print: Print: Sign: Sign: Proponent for Action (Unit) Environmental Program Manager Date: Date: Print: Concurrence: Land Owner or Representative Date: ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 1 Page 28 of 107 IA ARNG ENVIRONMENTAL CHECKLIST 1. Background. a. Project name: Landing Zone Pinnacle b. Proponent name and unit: Army Aviation Support Facility#2, Waterloo c. Proposed schedule and project duration: Indefinite 2. Description. a. The proposal will involve: (Check one or more) ® Training Activities ❑ Community Support Project ❑ Lease or License ❑ Other (Explain) b. Description of proposal. Be complete. Use simple terminology. Consider all activities that will occur as a result of the proposal. Describe all units and activities that may be involved, the number of troops and the types of equipment that will be used. Estimate how frequently the site will be used on an annual basis. The area will be utilized for aviation operations, landings, and departure with 1-3 aircraft based on mission planning. Aircraft will not prolong usage or the area for reasons other than stated. The area is not designated for troop or vehicle usage. c. Location of proposal. Describe the environmental setting. Include current use of the site. Provide a description of the site, including such things as waterways, slope and vegetation. Include a brief description of the surrounding properties and their activities. NOTE: Include a map and mark the site (Contact NGIA-DIM-E for site maps, as required). the site is currently used as part of the city waterway management system. this site is funadamentally a spillway dirt burm or dike. there is naturally occuring grass on the top and slope of the dike. there is also privatly owned properties adjacent to the site. Aircraft approach is limited to the dike to avoid overflight of these properties. d. Describe any known environmentally-sensitive areas located nearby. List sites by type and distance (in miles). Include area such as rivers, creeks, wetlands, native prairie, parks, historical or archeological sites, floodplains, prime farmland, etc. Potential flood plains surrounding the dike as it is part of the waterloo water management system. No enviromental impact to the area used by aircraft. ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 2 Page 29 of 107 3. Environmental Impact Analysis. a. Air Quality. Will the proposal result in: Yes Maybe No N/A Air emissions, to include generation of smoke, dust, or objectionable odors that may migrate beyond site boundaries? ❑ ❑ ❑ ❑ Examples: ❑ a. Use of dirt/gravel roads/trails ❑ d. Field latrines ❑ b. Weapons firing ❑ e. Smoke generator/grenades ❑ c. Open burning ❑ f. Other (explain) Provide additional detail for"Yes" answers. b. Noise. Will the proposal result in: Yes Maybe No N/A (1) Increased noise levels? ® ❑ ❑ ❑ Examples: ❑ a. New/additional weapons use ® c. New/additional aircraft ❑ b. New/additional traffic (2) Noise generation adjacent to noise sensitive areas? ® ❑ ❑ ❑ Examples: Provide the estimated distance to the nearest noise sensitive area (in miles). a. Residence: 0.5 miles c. Hospital: b. School: d. Church: (3) Night (2200-0700) operations? ❑ ❑ ❑ ❑ Examples: ❑ a. Training activities ❑ c. Weapons firing ® b. Aircraft ❑ d. Other (explain) Provide additional detail for"Yes" answers. Area will not be utilized between the hours of 2200-0700 ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 3 Page 30 of 107 c. Soil Disturbance. Will the proposal result in: Yes Maybe No N/A Soil disruption or increase in soil erosion. Permanent changes to the ground's surface? ❑ ❑ ® ❑ Examples: ❑ a. Field latrines ❑ c. Hand digging ❑ e. Other (Explain) ❑ b. Kitchen or ❑ d. Mechanical laundry soakage digging/grading pits Provide additional detail for"Yes" answers. d. Hazardous Substances. Will the proposal result in: Yes Maybe No N/A (1) Use of hazardous materials and/or generation of regulated wastes? ❑ ❑ ® ❑ Examples: ❑ a. Fuels ❑ d. Batteries ❑ b. Oils ❑ e. Other (Explain) ❑ c. Antifreeze (2) Risk of a spill of a hazardous substance? ❑ ❑ ® ❑ Examples: ❑ a. Items described in d(1), above ❑ c. POL storage/dispensing point ❑ b. Vehicles and equipment ❑ d. Other (Explain) (3) A need for trained personnel and an Off-Site Spill Plan (provided at Annex 2 to Annex Q, Chapter 15, ING Pam 200-1) to ensure proper handling, storage, and spill response for hazardous substances? ❑ ❑ ® ❑ Examples: ❑ a. Must be yes if either d.(1 or 2) above, are checked ❑ b. Other (Explain) ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 4 Page 31 of 107 (4) Generation of solid wastes? ❑ ❑ ® ❑ Examples: ❑ a. Domestic garbage ❑ b. Other (Explain) Provide additional detail for"Yes" answers. e. Water Resources. Will the proposal result in: Yes Maybe No N/A (1) Discharges to surface waters? ❑ ❑ ® ❑ Examples: ❑ a. Water purification equipment ❑ b. Other (Explain) (2) Potential for spills of a hazardous substance to a body of water? ❑ ❑ ® ❑ Examples: ❑ a. Vehicle use located near body of ❑ c. Refueling conducted near body of water water ❑ b. Vehicles parked near body of ❑ d. Other (Explain) water (3) Actions within floodplains or wetlands? ❑ ❑ ® ❑ Examples: ❑ a. Training on property containing floodplains or wetlands ❑ b. Other (Explain) Provide additional detail for"Yes" answers. ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 5 Page 32 of 107 4. Determination. NOTE: This section will be completed by NGIA-DIM-E after review of the above information. The review may require contact with the proponent, the landowner, the Iowa Department of Natural Resources, the State Historic Preservation Office and others based on the scope and location of the proposed action. On the basis of this initial evaluation the following is appropriate: ❑ In accordance with 32 CFR 651 Appendix B, the proposed action qualifies for a categorical exclusion that does not require a Record of Environmental Consideration ❑ A Record of Environmental Consideration ❑ An Environmental Assessment ❑ A Notice of Intent to prepare an Environmental Impact Statement Print: Print: Sign: Sign: Proponent for Action (Unit) Environmental Program Manager Date: Date: ING Pam 200-1 • 1 March 2012 ING Pam Form 200-1-1-R 6 Page 33 of 107 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 from Woodruff Construction, LLC, of Waterloo, Iowa, for a net increase of$8,849, in conjunction with the 5 Sullivan Brothers Convention Center 2020 Skywalk Improvements Project, and authorizing the Mayor to execute said document. City Council Meeting: 10/26/2020 Prepared: 10/20/2020 ATTACHMENTS: Description Type ❑ Change Order#1 - 5 Sull Bros 2020 Skywalk Backup Material Motion approving Change Order No. 1 from Woodruff Construction, LLC, SUBJECT: of Waterloo, Iowa, for a net increase of$8,849, in conjunction with the 5 Sullivan Brothers Convention Center 2020 Skywalk Improvements Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Cost for Water Infiltration Exploration Expenditure Required: $8,849 Page 34 of 107 *AIA Document G701 " . 2017 Chimgt-. Order PROJECT:(Maine and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 5 Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:001 2020 Skywalk Improvements,Waterloo, Project No: 19-23770 IA. Date:May 07,2020 Date:October 19,2020 OWNER:(Nrune and address) ARCHITECT:(Name and address) CONTRACTOR:(Nance and address) City of Waterloo I&S Group,Inc.(ISG) Woodruff Construction,LLC 715 Mulberry Street 314 East 4th Street 1717 Falls Avenue Waterloo,IA 50703 Waterloo,IA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or reference specific exhibits.Also include agreed ripon adjustments atiributable to executed Comtruction Change Directives.) A. PCZ 05: Cost for Water Infiltration Exploration........................................................ Add $8,849.00 REDUCE SPECIFIED GENERAL ALLOWANCE FRONT$10,000.00 TO$1,151.00. CONTRACT SUM REMAINS UNCHANGED. The original Contract Sum was $ 199,890.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 199,890.00 The Contract Sum will be unchanged by this Change Order in the amount of $ 0.00 The new Contract Sum including this Change Order will be $ 199,890.00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 21,2020. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL.SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER, I&S Group,Inc.(ISG) Woodruff Construction,LLC City of Waterloo ARCHITECT(Finn name) CONTRACTOR(Fir ante) OWNER(Ficin name) SIGNATURE SIG URE SIGNATURE Nathan Compton,Architect/Project ohn Mallen,Project Manager Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE October 19,2020 '19-19-20 DATE DATE DATE AIA Document G701 —2017.Copyright(D 1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Instilute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered tradernarks and!nay riot be used without permission-This document was produced by AIA software at 17:10:55 ET on 10!19!2020 under Order No.8114132283 which expires on 07112/2021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the RIA Contract DDcumentsO Terms of Service.To report copyright violations,e-mail copyrighl@aia.org. User Notes: (3139ADAM) Page 35 of 107 CITY OF WATERLOO Council Communication Request by MercyOne Waterloo Medical Center for a Site Plan Amendment to the"S-1" Shopping Center District, for a new physical therapy and wellness center, located at 2206 Kimball Avenue. City Council Meeting: 10/26/2020 Prepared: 10/21/2020 ATTACHMENTS: Description Type ❑ Council Letter Attachments Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance SUBJECT: 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 MercyOne Waterloo Medical Center for a Site Plan Amendment to the"S-1" Shopping District, for a new physical therapy and wellness center, located at 2206 Kimball Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval MercyOne is requesting to establish a new physical therapy and wellness center in space that was previously used for retail. The new improvements will be in the interior of the building and no new additions are proposed. The parking requirements for this use are one parking space for each 200 square feet for patron use, and it when it was retail, it was one parking space Summary Statement: for each 250 square feet. Due to the slight increase for parking, the Planning and Zoning Commission reviewed this request at their October 6, 2020 meeting and recommended approval it with the condition that the final site plan meets all applicable city codes, including but no limited to parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. Details about parking, peak hours and the new remodel are in the attached file. Expenditure Required: None Source of Funds: N/A Page 36 of 107 Policy Issue: Economic Development and Land Use. The mall was built in 1962 and expansions occurred in 1963, 1966 and Background Information: 1990. The newest development is Cabin Coffee built in 2010 located north of the mall. Unplatted Waterloo West, beginning at a point that is 33 feet North and 33 feet west from the Southeast corner of Section 34. Township 89, Range 13 West of the 5th Principal Meridian, being the intersection of the West line of Kimball Avenue and the North line of Ridgeway Avenue; thence North along the West line of Kimball Avenue approximately 496.31 feet to a point which Legal Descriptions: is 100 feet South of the Southeast corner of Parcel lI aforesaid; thence West perpendicular to Kimball Avenue 300 feet to a point on the East line of Bellaire Road which is 105. 81 feet South of the Southwest Corner of Parcel 11 aforesaid; thence South along the East line of Bellaire Road approximately 496.31 feet to the North line of Ridgeway Avenue; thence East along the North line of Ridgeway Avenue approximately 300 feet to the place of beginning. Page 37 of 107 October 6,2020 REQUEST: Request by MercyOne Waterloo Medical Center for a site plan amendment to the "S-1" Shopping Center District for a physical therapy/wellness center, located at 2206 Kimball Avenue. APPLICANT: MercyOne Waterloo Medical Center, Matt Humpal, 3421 West 9t" Street, Waterloo, IA 50702. GENERAL The proposed physical therapy/wellness center is 13,956 square DESCRIPTION: feet and would occupy existing space that was previously used for retail uses. IMPACT ON The request would not appear to negatively impact the surrounding NEIGHBORHOOD & neighborhood or land use, which consists or commercial and lower SURROUNDING density residential uses. The new center would appear to be LAND USE: compatible with the nearby commercial uses. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The property TRAFFIC is located on the northwest corner of Kimball and Ridgeway CONDITIONS: Avenues and both of those streets are classified as Minor Arterials. Bellaire Drive abuts the west side of the property and is classified as a Local Street. Kimball Avenue southward and its intersection with Ridgeway Avenue underwent a complete reconstruction in 2015 which added turn lanes and improved the efficiency of traffic signals and the project reduced travel time between Ridgeway Avenue and San Marnan Drive by 50 percent. Sidewalks are located on the south side of West Ridgeway Avenue and on both sides east of Kimball Avenue. Kimball Avenue has sidewalk on the east side north of Ridgeway and an 8' trail on the west side south of Ridgeway and the trail was added with the reconstruction project. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS A recreation trail is on the west side of Kimball Avenue, south of POLICY: Ridgeway Avenue. ZONING HISTORY The property is zoned "S-1" Shopping Center District and has been FOR SITE AND zoned as such since the adoption of the Zoning Ordinance in IMMEDIATE VICINITY: February of 1969. Surrounding land uses and their zoning designations are as follows: North — Cabin Coffee, zoned "S-1" Shopping Center District. South — Walgreens, zoned "S-1" Shopping Center District. East — Former Ridgeway Place Assisted Living Center and MercyOne Family Practice Center, zoned "R-3" Multiple Residence District. West — Village Inn Restaurant and lower density residential uses, zoned "R-1,C-Z" Conditional Zoning District. 10036_20 SPA 2206 Kimball Ave-13956 SF PT-Wellness Cntr Mercy One.docx Page of 107 October 6,2020 DEVELOPMENT The area started to develop when the former Schoitz Hospital at HISTORY: the northeast corner of the intersection was completed in 1949. The mall was first built in 1962, with expansions occurring in 1963, 1966 and 1990 and similar retail uses exist at both southerly corners, which include a strip mall and Walgreens, built in 2003. The newest development was Cabin Coffee at 2040 Kimball Avenue, built in 2010. BUFFERS/ There is no buffering or screening required as a part of this SCREENING/ request. LANDSCAPING REQUIRED: DRAINAGE: The new use is going into an existing space and no storm water drainage plans are needed. FLOODPLAIN: No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0301 F, dated July 18, 2011. PUBLIC /OPEN West High School is approximately '/4 of a mile to the east on the SPACES/ SCHOOLS: north side of East Ridgeway Avenue. UTILITIES: WATER, The area is served by all needed utilities, both public and private SANITARY SEWER, for the new center. STORM SEWER, ETC. RELATIONSHIP TO The Future Land Use Map designates this area as Commercial, COMPREHENSIVE and the proposed site plan amendment would be in conformance LAND USE PLAN: with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The "S-1" Shopping Center District is intended to provide for the ZONING development of shopping centers, which a shopping center can ORDINANCE: mean a planned retail and service area often under single ownership management or control characterized by a concentrated grouping of stores and compatible uses, with various facilities designed to be used in common, such as ingress and egress roads, parking accommodations, drainage, etc. There is already a cross easement agreement in place on the entire property and the parking is non-exclusive and available for all uses of the mall. A physical therapy/wellness center, which is being considered a medical use, is a permitted use in this zoning district. The new center is relocating from its current location at 211 East Ridgeway Avenue, just west of West High School. The new physical therapy/wellness center will have a total square footage of 13,956 square feet and 13,160 square feet is for patient and patron uses. Parking requirements for medical uses is one parking space for each 200 square feet of floor area, excluding areas for mechanical, warehousing or storage. The total number of parking stalls needed for the new use is 66 and the number of 10036_20 SPA 2206 Kimball Ave-13956 SF PT-Wellness Cntr Mercy One.docx Page n of 107 October 6,2020 parking stalls currently on the site is 230 and 255 are needed for all the uses in the mall, which also include retail and food. Due to the deficiency in parking, staff made a decision to have this request go through a site plan amendment process, which allows other bulk requirements of the Ordinance be varied by City Council after recommendation by the Planning and Zoning Commission. The applicant has provided information stating that 56 to 57 parking stalls are needed from 5 a.m. to 1 p.m., 22 stalls from 1 p.m. to 5 p.m. and 35 stalls from 5 p.m. to 9 p.m. The highest peak time is in the morning starting at 5 a.m., however, the earliest another business (Flowerama) opens is 7 a.m. and there are two hours during the highest peak time of the new use when Flowerama opens. The bar and grill opens the latest 11 a.m. and closes at 2 a.m. Due to the different peak times of other businesses, there should not be a negative impact upon parking in the area. This was also taken into account when Cabin Coffee was approved in 2010, with their peak times being mornings and other uses having peak times later in the day. STAFF ANALYSIS — SUBDIVISION No platting is needed for this request. ORDINANCE: STAFF Therefore, staff recommends that the request for a site plan RECOMMENDATION: amendment to the "S-1" Shopping Center District for a 13,956 square foot physical therapy/wellness center, located at 2206 Kimball Avenue, be approved for the following reasons: 1. The request would appear to be compatible with the surrounding area, which is primarily comprised of commercial uses and some residential uses to the north and west. 2. The request would not appear to have a negative impact upon the surrounding area. 3. The request would not appear to have a negative impact upon vehicular and pedestrian traffic in the area as many transportation improvements were done when Kimball Avenue was reconstructed. 4. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates it as Commercial. Subject to the following condition: 1. That the final site plan meets all applicable city codes, including but not limited to, parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. 10036_20 SPA 2206 Kimball Ave-13956 SF PT-Wellness Cntr Mercy One.docx Page�of 107 City of Waterloo Planning, Programming and Zoning Commission October 6, 2020 �P? ® R- J -2w R:;4-!! 4 R 3WLSOAVR~12 CAMPBELLAVE y R-2,C-Z CAMPBELLAVELAE R4/PBELa R-3 R-2;C-Z R-P OLUA4 ARD R-1 ST p j ieERTCH AVE N q�P C-Z c° rn > ~ ~ KINGBgRp BLVD S z FORESTAVE > w = FORESTAVE W o�ya� ' 'w > o a � a u W a ¢ m w SFT �cv0 OHO 'O HAWTHORNEAVE rR-1 R-1,R-P >' f "Q P Pa sr s BYRON AVE C_'l B AVEN r F BYRON AVE 9L s a y w W R-P y rn ro r EUREKAST n ie ERIC E h _ UI R-3—'R_2' z F LIBERTY AVE e N�� eyR yJ CAROLI AVE ❑ CAROLINAAVE p R o w C-Z HOLM ST 3 PATTON AVE o J w R-2' MARTIN RD yJCly�Et �05�0� ❑W.MTCHELLAVE E.M—IT C ELL AVE LU /�-1,C-Z C-Z P lJ lJ LU m ELLEN w JULIE CT O ROURLAND AVE"WO BOURL ND AVE BOURLAND AVE Z BOURLAND F F :NBRA T tiO N Q O 20 x AVE m N (7'! _ z 04 O'PNO,p CORNWALL AVE n CORNWALL AVE �Ra a� yRo �� o R- -z N 3 Pe y�� TERRACE DR x LORRAINE AVEp-2 LORRAINE AVE BERKSHIRE R R y SHIRE RD 0 `� �< N ERK5HIRE N o EASTON AVE R-1 STON AVE U EA PAULINE Mi IVANHOE RD O z RD o&4 M MORGAN RD y LOCKEAVE LOCKEAVE 6q Z m a MIDL OTHIAN BLVD > ACADIA ST > o S7 N N o d PL U U ❑ ❑ w R-3 I i nLORETTA AVE 2 LORE7TAAVE J a m w w LIFESTYLE LN' °D 3 a 0 w O w O 3 WISNER DR 3 O p tr ❑ R-.1, WISNER DR K it 00 z j f NATION DREASLEY DR R=4 p 1,.RIDGE A VE E.RIDGEWAYAVE w O� DIXOND z WILSHIREAVE IO w y�P�'Q BUR BANK BURS AV NK LINDNER DR R-4 R-4 _ S-1 p __ R-41 � F _ GLENCOE AVE it ita K ¢ I RAPIDSI cw7 w gTq'Q90 J�� p LEONAAVE _�w w W w m ¢ g I,SD w 1 a rq� P� ~ ORD < )RTE DR"w 0 2 fj p Y z O R �P m V) J W HILLTOPRD "✓VOOD AVE W K --�. - O� GJ� 1 K R-3 —R-3 W W HILLTOP RD J O V y R PO Z NOw, = O Z PARK Lf P AVE �U OG to w G R-3 \\ = Q �R T OZ� SARATOGA DRO gP COLUMBUS DR U Q� N FR.BRUNKEN BLVD R ' ---- MEAD LN j J R-'7Q q R-2,C-Z y AINES AVE z /'+-Z w w RK R=4� BARRYINGTON I ' (9 W W (r HAEL 9T DR a R_ _3 = a > I" R-4, R CHAEL ST EDGEMONT z z QRAVENWOOU kU�� w F� W J m AVE g R-P R-4 U) w 0 o z w R-311 w _'s`� z AZA w 0 0 0 0 0 R.4 0 i a5� R-3 9 A rn a z z z J N Gp,N T '/�� - O R-2 -- w z > C. 0 WILDWOO1 A-1 p q R-3,R-P Z J R-2 = C-Z� R tiF' 1 y z J R-3 1 F PAIGE ❑ R-4 p�P �m w� do O MPIC DR z 10 00 \ a o IOME MEnDON/ t °' N om vQi Iw R-4 UTHBROOK O DR t1A CT" 1 EXCELSIOR ' LN Ii a T SO R = w 1 C-1 C- C-1,C-Z Y (i E. NMARNAN ACCESS R-4 W W.SAN MARNAN DR `o r `"'-1, E. SAN MARNAN DRu� C-P O p 5 rn w �'❑ E.SAN M NAN DR R-4,R-P �9 C-2, C-Z C-2 S 38A-1 TO ERPARK "� ARK DR Q = K DR OWER ~ z w O E.TOWER PARK N DR M-1 y C-Z rte. PA r a 2LU F'StiFR C-P B-P z q N 22o6 Kimball Avenue W .E Site Plan Amendment s Mercy One Feet Page 41 of 107 City of Waterloo Planning, Programming and Zoning Commission October 6, 2020 V,wvlel' 40 LIF ,4. t. LIFESTYLE LN 5XI LU All Q vL } NATIONAL DR 2206 Kimball Avenue 490--r `w 9-71 min rr.y m AS Y Mr ley W.RIDGEWAY IAS W RIDGEWAYAVE E. RIDGEWAYAVE AVE � J Y N 22o6 Kimball Avenue W .E Site Plan Amendment s Mercy One Page 42 of 107 GENERAL EXISTING FLOOR PLAN NOTES: INVISION PLANNING I ARCHITECTURE I INTERIORS 1. HATCHED AREAS ARE SHOWN FOR REFERENCE ONLY AND ARE 1 GENERALLY OUTSIDE OF PROJECT SCOPE. 2.01 2. ALL WALLS WITH SOUND BATT ATTENUATION BLANKETS ARE TO HAVE A B C 3 D E ACOUSTICAL SEALANT AT TOP AND BOTTOM.SEE WALL TYPES FOR 501 Sycamore Street ADDITIONAL REQUIREMENTS. Suite 101 67'-5" Waterloo, IA 50703 3. FACE OF NEW WALLS TO ALIGN WITH FACE OF EXISTING ADJACENT WALL, 319.233.8419 6'-4" 12'-0" LINO. 319.233.9772 Fax 2 4. WALL INFILL AT EXISTING WALLS SHALL BE SIZED TO MATCH EXISTING `Nww•invisionarch.com 1,4 WALLS FACE OF NEW FINISH TO BE FLUSH WITH EXISTING FINISHED FACE 01 1:12 33'-8 1/2" - J 33'-8 1/2" ON EACH SIDE OF WALL . CONSULTANT: 50' 1" STRUCTURAL ENGINEER 5. SEE EXTERIOR AND INTERIOR ELEVATIONS FOR FURTHER CLARIFICATION BISHOP CONSULTING 22' 0 1/2" 28' 0 1/2" 5.01 1.1 OF MATERIALS/LOCATIONS/FINISHED. 1' W8 j B / 1 6. PROVIDE FIRE TREATED BLOCKING IN WALLS AS REQUIRED FOR ALL GENERAL CONTRACTOR I /" E6 WALL MOUNTED CASEWORK AND OTHER ACCESSORIES. PETERS CONSTRUCTION ® 7. ALL FLOOR MATERIAL CHANGES SHALL OCCUR AT CENTER OF DOOR LEAF. 115A) - V1101 FENS MEN OCqX STAIR 1 M F_ LOCKER - 118 1 - o i ~ ® 117 ® 8. SEE REFLECTED CEILING PLANS FOR LOCATIONS OF FULL HEIGHT WALLS. G G 115 A k2 9. - DASHED LINE IDENTIFIES REMOVAL OF EXISTING SEALANT _ I 1T 3/ T 1 3/4" 5' 10" X5,-10" T 1 3/4" 1- JOINT,CLEAN ADJOINING SUBSTRATES AND REPLACE BACKER ROD AND B w N SEALANT. B A6 Cl) ---- I 2 `? ---- J N GENERAL FLOOR PLAN NOTES: N LL �X 00 �---------- ------- ----- ---- -�• 1166 121A ---- HALLWAY Coord. `2 EXI 1. REFER TO ADDITIONAL NOTES AND REQUIREMENTS ON ALL OTHER 116 DOCUMENTS, OTHER DISCIPLINES AND SPECIFICATIONS. 9' 31/2" ELECTRICAL ZD 119 2. ALL SITE INFO, FIXTURES AND EQUIPMENT SHOWN ON THIS SHEET IS PROVIDED FOR COORDINATION PURPOSES ONLY.THE LAYOUT IS N M LL G N CONSIDERED CONCEPTUAL.REFER TO CIVIL, MECHANICAL, 00 STORAG ELECTRICAL, PLUMBING,FIRE SPRINKLER,LIFE-SAFETY, ETC. REVISIONS: 120A DOCUMENTS FOR SPECIFIC DESIGN INFORMATION. 41' L2'-7" 5'-8 7/8" D;<0 -3 HYDRO 4 121 = 2 1 Description Date No. THERAPY EQUIPMENT ADDII 05.29.2020 1 0 3. ALL CONDUITS, PIPES,SPRINKLER MAINS SHOULD BE HELD AS TIGHT AS F.V. 122 4 A1.44 2 123 123A 120 POSSIBLE TO THE ROOF OR FLOOR DECK ABOVE. NOTHING SHALL BE Final Coord.Items 08.28.2020 3 O° BELOW THE BOTTOM EDGE OF THE STRUCTURE UNLESS PRIOR 6' 0' 22' 5 1/4" 1 16' 10" 11' /4" 10' 9 3/8" APPROVAL IS GRANTED BY THE ARCHITECT OR OWNER.ABSOLUTELY CLASSROOM 2 NO OBSTRUCTIONS SHALL PREVENT A FINISHED CEILING HEIGHT CLE NOTED ON THE DRAWINGS IN THOSE AREAS RECEIVING CEILING 11 TREATMENT. PLACEMENT COORDINATION BETWEEN TRADES IS MOUNT HOOKS TO COLUMNS N 3 A1.42 4 REQUIRED. W/STEEL PLATES g _ -COORDINATE LOCATIONS& 1 `= N 4. CAULK&SEAL ALL CONTROL-EXPANSION,SAWCUT JOINTS AT ALL DETAIL WITH OWNER `�' INTERIOR&EXTERIOR MASONRY&CONCRETE. o °O -2 1 2" 3' 0" 24'-5" 11' 2 1/8" 111-11, ill 111-1.1 >< 3 X >/ 7 124A PHYSICAL 18'-3 1/8" PRIVATE GYM THERAPY �, 8 A1.44 5 124 125 00 W6 6 B 6 ti � N B6 N � B2 M OO _ > OWNER SIGN-OFF: > 28'-0 3/8" 9 1/8' •----�8'-5"- ------- - --9' 7" A6 N DATE NAME 3 2 ' Pill zl 2.01 _ 108A� 1 U 1 O N 0 1 CV N c THERAPY LYM HEDEdA B 1 41 OFFICE �, 107 1 C 108 N �I 1 DNNK IT WPM 1 1 � j 107A j 6' N Y I 1 ON _ ITCHEN I 1 O 11 M 109 WOMENS > j 5 A1.42 6 �I `;' HEAL j 12 A1.40 - 106 0 j 1 B 10 13'-7" 14'-5 /8" �1 ' 5 7/8� 106A j 3.0 2 9 5 1 41/2" 7'-10 1/4" 5'-5" 9' 1 /8" 91- (D1 3/8" - 4 1 131 N 0 1W j 2 j WEIGHT ROOMLO 5 oo OFFICE 126 N �, _ 13 A1.40 WELLNESS M 4 A1.43 3 L N o "' 103 "' 1 �' 1 LOa) = B M 0104 E - MA AGE 5 C 1 ----- N a a 1 = 2 �- --- E �, 105A --- 00� N �I10' 3 5/8" 1 J - B 2 u;----- LU O HALLWAY IT----- 0 ___O WORK/ �___= O I > O J _ _ I 113 _ I L- 3 STORAGE O° °2 = III ---- O Q ch ch 1 1 a, - �• -- J O I - --49f1--- -------------- _117/8" T 2 3/8" 6' 117/8" N o' ---- w J V) Q (6D 0 1 -- ~ O - ------- ; -- j w a� __ > - - - --- o 10 A 8 1 j ------ a 63 w U z z O ��� o j 1 A O �[ oi 5 A1.401 4 ( i EfTT�RO M ES ll 1 1 200�VI A1.43 _ w IX RECEPTIO WAITI GROOM 4 j C 1 1 w > IX 102 j101 1.4 51 > CV m o N I 1 100B 100A W1 N B4 B I oord. 1 j a, L, PROJECT NO: 1.4 j A1.40 b 20041 � LO V TIBUJ ❑ ❑ ❑ ❑ o Ix 6 1 100 7 08/28/2020 ------- ------------------ W2 W3 00 CNI 28'-9" 2'-7" 6-35/8" SHEET SET: 00 CONSTRUCTION ❑ ❑ ❑ DOCUMENTS 4 J Q A2.01 SHEET NAME: z 1ST FLOOR PLAN BASEMENT BASEMENT & FIRST J 111-011- 1'-0" 2 1/8" - 1'-0" FLOOR PLANS V) NORTH z O N SHEET: LU LU A 1 11 cOpyricrt © 20'e Page 43 of 107 F— z _ Lu Lu U U w z0 iLUZ w ° C`7 Luz Lu U CD Q 'Lu O r �z 0 � .� L,o BELLAIRE ROAD 2-LANE SAN OEM i — O 01 p o ——— 3S'SETBACK WWAES5 CENTER #. EXIST! GSMOPPINGCENTER GROSS F LOOR AREA=53,666 SF ••����•• * NET TAILay�6S � �y I o 1.3;95.6 SF: s LLJ 8'EASEMENT: Q Z LLJ \\ //� \ — — — — — — — 8' SEMENT Q r Lu w a Z N� 1 �° T F.� LLJ ME P� MENU LJ \ \\ \ \ \ \ \ \ \ \ \Q \ \ \ \ \ \ \ \ \ I BO RO® Cy wIL hu o\ F 4Z \\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ v m 0 000 Q L - J 0 ANo6cAP❑ B + wW 2 K O / 0 /Q// w z 0 E o _ Q 'u F- w = o • KIMBALL AVENUE ") `4 3 i..� 4-LANE W z � - z O I O x i o °' IS L) F 0 25 50 100Lz � o � ri c i z N N N 3 f 'J + a LO ci, Cl) M Page 44 of 107 MercyOne 2206 Kimball Looking from the north side of the complex toward the proposed MercyOne site. The proposed MercyOne location Page 45 of 107 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", 66S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building Minor change (check one)(Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): Mercyone Waterloo Medical Center, Matt Humpal Address: 3421 West Ninth Street Phone: 319-272-7841 Fax: City: Waterloo State: IA Zip: 50702 Email: matthew.humpal@mercyhealth.com b. Status of applicant: (a) Owner (b)Other 4 (CHECK ONE): If other explain: tenant c. Property owner's name if different than above(please print): Hurst Holding Co Inc. Address:245 Fletcher Ave. Phone:319-415-4355 Fax: City: Waterloo State: IA Zip: 50701 Email: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: 2130-2204 Kimball Avenue, Waterloo, IA 50702 b. Legal description of property or portion to be amended: Tenant space in change 'from a retail use to a medical use. c. Dimensions of proposed site plan amendment: approx. -120 ' x 123' d. Area of proposed site plan amendment:13, 956 sf tenant space in 46, 026 sf existing strip mall e. Current zoning: S-1 f. Reason(s)for site plan amendment and proposed use(s) of property: Tenant space in change from a retail use to a medical use. 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. tj w,- S UM&AAh- 09-21-2020 Signature of Applicant Date Signature of Owner Pageof 107 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement with JSA Development, LLC, for the rehabilitation of 704- 706 Jefferson Street/301-307 West 5th Street, including a grant of$230,000, tax rebates of 70 percent for 15 years, and a new Minimum Assessed Value of$862,440, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 10/26/2020 Prepared: 10/21/2020 ATTACHMENTS: Description Type ❑ Agreement Backup Material Resolution approving a Development Agreement with JSA Development, LLC for the rehabilitation of 704-706 Jefferson Street/301-307 West 5th SUBJECT: Street, including a grant of$230,000, tax rebates of 70 percent for 15 years, and a new Minimum Assessed Value of$862.440, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve resolution The City continues to see great new development and rehabilitation in Downtown Waterloo. This project by JSA will create 7 new upper floor Summary Statement: residential units in Downtown, rehabilitate commercial spaces on the first floor for new business locations, and help improve a major corridor location for visitors. Expenditure Required: $230,000 and rebates Source of Funds: Downtown bonds and TIF funds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an environment to attract population to Waterloo, create new tax base, new Policy Issue: investment in CURA area and TIF areas Alternative: Not approve The City has entered into Development Agreements for projects making improvements and raising the taxable value of areas in Downtown Waterloo. Background Information: This project is one of many by JSA for downtown improvements. It is similar in nature and Development Agreement incentives as the SingleSpeed project and the 302 Commercial Street(Friedl Bakery)building in terms of investment, taxable value increases, and grant funds for the project. Page 47 of 107 Prepared bV Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50703. 319-234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2020, by and between JSA Development, LLC (the "Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Downtown Waterloo Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and undertake rehabilitation of an existing multi-unit commercial and residential property located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that the development of the Property (defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows- 1. ollows:1. Development Property. Company is the owner of a multi-story mixed commercial and residential structure located on real property at 704-706 Jefferson Street/301-307 West 5th Street, Waterloo, described on Exhibit "A" attached hereto (the "Property") and consisting of tax parcel nos. 8913-26-280-001. Company will undertake the Project (defined below) upon the Property. In connection with Improvements, Page 48 of 107 Company will make diligent and commercially reasonable efforts to prepare and submit applications for brownfield and/or grayfield tax credits from the State of Iowa and for historic tax credits from applicable state and federal agencies (collectively, the "Tax Credits"). 2. Improvements by Company; Schedule. Company shall upgrade and renovate the rooms, common areas, and other facilities to produce at least seven (7) residential units on the upper floor, make improvement to the storefront on the ground floor, plant suitable trees in the sidewalk as approved, and otherwise renovate and improve the Property (all of the foregoing renovations and improvements are collectively referred to as the "Improvements") at a minimum estimated investment cost of $3,000,000. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all development- related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". Company shall commence Improvements within six (6) months after the date of this Agreement and shall substantially complete the Project within eighteen (18) months thereafter. 3. City Activities in Aid of Project. A. Rebates. City shall provide property tax rebates as further set forth in Section 5 below. B. Economic development grant; contingent repayment. City shall pay to Company a development grant of $230,000.00 (the "Grant"), payable within 30 days after City's chief financial officer examines Project financial statements, budget and projections and has had reasonable inquiries satisfied by Company. The purpose of the Grant is to provide local government matching funds for the Tax Credits. If the Project is not completed, Company shall repay the Grant to City in full within ninety (90) days after written demand from City, plus interest at the rate of five percent (5%) per annum, compounded monthly, from and after the date of initial disbursement until repaid in full. If the Grant and interest are not repaid, then Company hereby authorizes City to execute on Company's behalf and record a mortgage against the Property to secure repayment of the Grant plus interest. Appointment of Attorney in Fact: Company hereby authorizes City to execute and record, on Company's behalf and as its attorney- in-fact, the mortgage provided for in this paragraph, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. 4. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all 2 Page 49 of 107 other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAX) attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $862,440.00 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. 5. Property Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the MAA as set forth in Section 4, and subject to annual appropriation by the city council, the City agrees to rebate property taxes (with the exceptions noted below) as follows: 70% rebate for each of Years One through Fifteen, inclusive, for any taxable value over the January 1, 2019 value of $94,440. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon (x) the value of the Property or (y) the value of the Property and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 6. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: 3 Page 50 of 107 A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until Substantial Completion of the Improvements, when reasonably requested by the City the Company shall make such reports to City, in such detail as to the actual progress of Company with respect to construction of the Improvements. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. E. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. G. During the period that any rebate is payable to Company under this Agreement, Company agrees that it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. 4 Page 51 of 107 Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 7. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 8. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 9. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its s Page 52 of 107 terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 10. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 11. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or misconduct of any person, other than any act of negligence or misconduct on the part of any such indemnified party or its officers, employees or agents. 6 Page 53 of 107 B. Except for any misrepresentation, any misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 12. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part Page 54 of 107 thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 13. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 14. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be s Page 55 of 107 the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 15. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 315 E. 5t" Street, Waterloo, Iowa 50703, Attn: Manager. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 17. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 18. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 19. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this 9 Page 56 of 107 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. 20. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 23. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 24. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA JSA DEVELOPMENT, LLC By: By: Quentin M. Hart, Mayor James E Walsh, Jr., Manager Attest: Kelley Felchle, City Clerk 10 Page 57 of 107 PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. James E. Walsh, Jr. Page 58 of 107 EXHIBIT "A" Legal Description of Property ORIGINAL PLAT WATERLOO WEST NW 20 FT NE 68 FT LOT 4 BLK 18 N E 68 FT LOT 5 BLK 18. Page 59 of 107 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2020, by and among the CITY OF WATERLOO, IOWA ("City"), JSA DEVELOPMENT, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows- 1. ollows:1. Upon substantial completion of construction of the Improvements, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon as a part of the Project shall not be less than $862,440 ("Minimum Actual Value") until termination of this Agreement. The parties agree for purposes of this Agreement that construction of the Improvements will be substantially completed on or before December 31 , 2022. If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2042. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, Page 60 of 107 however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Property. CITY OF WATERLOO, IOWA JSA DEVELOPMENT, LLC By: By: Quentin M. Hart, Mayor James E. Walsh, Jr., Manager Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of 2020, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed 2 Page 61 of 107 and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Acknowledged before me on 2020 by James E. Walsh, Jr., as Manager of JSA Development, LLC. Notary Public 3 Page 62 of 107 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Eight Hundred Sixty- Two Thousand Four Hundred Forty Dollars ($862,440.00) in the aggregate, until termination of the Minimum Assessment Agreement pursuant to the terms thereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 63 of 107 CITY OF WATERLOO Council Communication Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2020 Sidewalk Repair Assessment Program-Zone 9, Contract No. 981, and instruct City Clerk to publish said notice. City Council Meeting: 10/26/2020 Prepared: 10/14/2020 Resolution approving documents, and adopt and levy the Final Schedule of SUBJECT: Assessments, in conjunction with the FY 2020 Sidewalk Repair Assessment Program- Zone 9, Contract No. 981, and instruct City Clerk to publish said notice. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Transmitted herewith are the final schedule of assessments, abandonment schedule, final plats and breakdown of project costs for the FY 2020 Sidewalk Repair Assessment Program—Zone 9, Contract No. 981, which is Summary Statement: bounded by: North City Limits—East City Limits — Independence Avenue— Walnut Street— East 4th Street—Newell Street—Highway 63 —North City Limits Page 64 of 107 CITY OF WATERLOO Council Communication Resolution approving a Special Amendment to the Professional Services Agreement with AECOM Technical Services, Inc., in an amount not to exceed $9,600, originally executed April 15, 2014, in conjunction with the FY 21 Vertical Infrastructure Projects, Iowa DOT Contract No. 22634, at the Waterloo Regional Airport, and authorizing thhe Mayor to execute said documment. City Council Meeting: 10/26/2020 Prepared: 10/19/2020 ATTACHMENTS: Description Type ❑ AECOM PSA Backup Material ❑ Agreement Backup Material Resolution approving a Special Amendment to the Professional Services Agreement with AECOM Technical Services. Inc.. in an amount not to SUBJECT: exceed $9.600. originally executed April 15, 2014, in conjunction with the FY 21 Vertical Infrastructure Projects, Iowa DOT Contract No. 22634, at the Waterloo Regional Airport, and authorizing thhe Mayor to execute said documment. Submitted by: Submitted By:Keith Kaspari.Airport Director Airport Staff respectfully requests approval of the above agreement in order Recommended Action: for Staff and AECOM to begin development of project scope of work, project specifications, etc. This project continues an on-going(for many years)program for improving the airport's vertical infrastructure. Unfortunately, this program was nearly cut in half due to ongoing revenue concerns from the State, and it was the advocacy of the Iowa Public Summary Statement: Airports Association that resulted in Iowa's airport community receiving funds from this critically important program. I must also give my personal thanks to all Waterloo /Cedar Falls and NE Iowa State Senators and Representatives for these funds as they deliberated state programs once they returned to finish the legislative session. Expenditure Required: Total fee for services through this agreement totals $9,600.00 These funds, from the Iowa DOT's Aviation Bureau, and totaling $67,090.00, would be directed to continue the interior replacement of older/ Source of Funds: antiquated hangar bay lighting fixtures in Aircraft Storage Hangars 1 /2/3-A & 3-13, along with the possibility of, and pending amount of bids received, the installation of additional, or replacing existing weather-beaten doors and locksets at Hangar No: 5. Page 65 of 107 This project complies with the City of Waterloo's Strategic Plan, as follows: Policy Issue: Goal No: 3, and Strategy Nos: 3.1 /3.3/3.4/3.5 & 3.7. Goal No:4, and Strategy Nos:4.1 /4.5 & 4.7. Alternative: No project alternatives were selected for the use of these funds. Continues to provide funds for improving the older aircraft storage hangars at Waterloo Regional Airport located on the western-half of the airfield grounds. Background Information: This specific project will provide for the replacement of older(antiquated) and less energy efficient hangar. Staff is hopeful that we can continue actual construction improvements to be able to complete construction improvements before the end of the first quarter or March 31, 2021. Legal Descriptions: Not applicable for this request by Staff. Page 66 of 107 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE FISCAL YEAR 2021 COMMERCIAL SERVICE VERTICAL INFRASTRUCTURE PROGRAM (CSVI) This AGREEMENT is made between the Iowa Department of Transportation called the "Iowa DOT" and City of Waterloo, hereafter the "SPONSOR". 1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and obligations for accomplishment of certain improvements at the Waterloo Regional Airport, hereafter the "Airport". Improvements shall consist of. Hangar Rehabilitation , as more clearly defined in the project application. It shall be referred to as the "Project" and shall be identified by Project number: 9I210ALO200 Contract number: 22634 2.0 GENERAL PROVISIONS 2.01 The SPONSOR shall have 90 days to sign and return this agreement or the Iowa DOT reserves the right to revoke this grant. 2.02 The SPONSOR shall have the project under contract no later than 12 months after the date of the agreement or the Iowa DOT reserves the right to revolve this grant. 2.03 The Iowa DOT agrees to reimburse the SPONSOR 100% of the eligible project costs, not to exceed the maximum amount payable of$67090 incurred according to the terms of this agreement. Reimbursement will be made in whole dollar amounts only, rounded down. Final payment request may include documentation of unreimbursed amounts due to rounding. Final reimbursement will be made up to the contract amount in whole dollars. 2.04 All projects meeting the definition of public improvements shall follow the competitive bid and competitive quotation procedures for vertical infrastructure as identified in Chapter 26 of the Code of Iowa and 761 Iowa Administrative Code Chapter 180. (http://www.legis.state.ia.us/Rules/Current/iac/761iac/t180/t180.pdf) • Competitive bid procedures for all projects greater than $139,000. • Competitive quotation procedures for airport authorities and city sponsors with populations greater than 50,000 for projects between $77,000 and $139,000 • Competitive quotation procedures for airport authorities and city sponsors with population of 50,000 or less for projects between $57,000 and $139,000, • Informal local procedures for projects less than the thresholds identified for competitive quotations. The SPONSOR shall follow requirements of the Iowa Code Section 544A.18, 193B Iowa Administrative Code Chapter 5, Chapter 542B of the Code of Iowa, and 193C Administrative Code Chapter 1 to determine when professional engineering or architectural plans and specifications must be used. The SPONSOR shall submit any Page 67 of 107 plans, specifications and other contract documents to the Iowa DOT for its files. 2.05 Should the SPONSOR fail to comply with any Condition or Assurance provided herein, the Iowa DOT may withhold further payment and may require reimbursement of any or all payments made by the Iowa DOT toward accomplishment of the Project. 2.06 The Iowa DOT shall not waive any right of authority by making payments pursuant to this agreement, and such payments shall not constitute approval or acceptance of any part of the Project. 2.07 Neither the Department nor the Sponsor intend to create rights in, and shall not be liable to, any third parties by reason of this agreement. 2.08 If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected thereby if such remainder would then continue to conform to applicable law and the intent of this agreement. 2.09 The Iowa DOT shall determine what costs charged to the project account are eligible for participation under the terms of this agreement and the SPONSOR shall bear all additional costs accepted and paid. Only those eligible costs incurred after this agreement is executed shall be reimbursed, unless the SPONSOR receives written notice from the Iowa DOT that the Sponsor has authority to incur costs. 2.10 Notwithstanding any other provisions of this agreement, the Iowa DOT shall have the right to enforce, and may require the SPONSOR to comply with, any and all Conditions and Assurances agreed to herein. 2.11 The Iowa DOT's obligations hereunder shall cease immediately,without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the Iowa DOT's obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. The Iowa DOT shall give the SPONSOR notice of such termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding. In the event the Iowa DOT provides such notice, the SPONSOR may terminate this agreement or any part thereof. 2.12 The SPONSOR is the contracting agent and, as such, retains sole responsibility for compliance with local, state and federal laws and regulations related to accomplishment of the Project. The sponsor shall ensure compliance with Title VI of the Civil Rights Act of 1964, 78 STAT. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to the end that no person in the United States shall, on the grounds of race, color, or national origin,be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Iowa DOT. In accordance with Iowa Code Chapter 216, the SPONSOR shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. 2.13 Funding will be available for reimbursement of the project for two years after the date of Page 68 of 107 the agreement, unless appropriations are withdrawn under 2.10. Assurances in this agreement remain in full force and effect for a period of 20 years from the date of the agreement. 2.14 The SPONSOR agrees to indemnify, defend, and to hold the Iowa DOT harmless from any action or liability out of the design, construction, maintenance and inspection or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Iowa DOT's application review and approval process, plan and construction reviews, and funding participation. 2.15 In the case of any dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to the Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of the intent to seek arbitration. The written notice must include a precise statement of the dispute. The Iowa DOT and the SPONSOR agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. 2.16 Infrastructure and/or work products developed through this grant become the property of the SPONSOR and the SPONSOR's responsibility to maintain. 2.17 The attached Exhibit A, "Utilization of Targeted Small Business (TSB) Enterprises on Non-Federal Aid Projects (Third-Party State Assisted Projects)," will apply and is hereby made a part of this Agreement. 3.00 PROJECT CONDITIONS 3.01 The SPONSOR Agrees to: (a) Let contracts according to provisions of Chapter 26 of the Iowa Code and preside at all public hearings occasioned by the Project. (b) Contract for all professional and construction services as needed, submitting a copy of any engineering/consultant contract to the Iowa DOT. If the engineering/consultant agreement is more than $50,000 and the sponsor will request state reimbursement for the engineering/consultant services, the agreement must be submitted to the Iowa DOT for pre-audit prior to execution of the agreement. (c) Establish and maintain a project schedule and provide the schedule to the Iowa DOT. (d) Obtain and provide the sales tax exemption certificates through the Iowa Department of Revenue and Finance to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. (e) Submit to the Iowa DOT a Request for Reimbursement form, copies of invoices, and proof of payment for reimbursement. Progress payments are allowed. (f) Inspect work and equipment, test materials, and control construction to ensure that the design intent of the plans and specifications is achieved. (g) Inform the Iowa DOT of construction completion and allow the Iowa DOT access to review the completed project. (h) Certify satisfactory completion of the Project by resolution or signed final acceptance form and provide a copy to the Iowa DOT. (i) Retain all records relating to project cost, including supporting documents, for a Page 69 of 107 period of three (3)years following final payment by the Iowa DOT, and to make such records and documents available to Iowa DOT personnel for audit. (j) Ensure that applicable General Provisions and Project Conditions are included in any agreement between the SPONSOR and Engineer/Consultant. 4.00 SPECIAL PROVISIONS 4.01 The Project is for the sole purpose and use of aviation related activities and must be owned by the SPONSOR. The SPONSOR shall not lease airport space constructed with this grant to activities unrelated to aviation. 5.00 SPONSOR ASSURANCES By authorizing execution of this agreement the SPONSOR hereby certifies that: 5.01 It will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the assurances made herein, unless by such transaction the obligation to perform all such covenants are assumed by another public agency found by the Iowa DOT to be eligible under the laws of the State of Iowa to assume such obligations and to have the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for the management or operation of the Airport by any agency or person other than the SPONSOR or an employee of the SPONSOR, the SPONSOR will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with these assurances. The SPONSOR retains responsibility for compliance with these assurances and all other provisions of this agreement, regardless of any arrangement for management or operation of the airport. 5.02 It will not dispose of or encumber its title or other interests in the site and facilities during the 20-year period of this agreement. 5.03 It will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the Airport and will not permit any activity thereon which would interfere with its use for airport purposes. 5.04 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace and by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport, or any portion of a runway approach area in which the Sponsor has acquired, or hereafter acquires. 5.05 It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the Iowa DOT for the maintenance and operation of such facilities as identified in the Iowa Administrative Code 761-Chapter 720.10 Page 70 of 107 5.06 It will operate the Airport as such for the use and benefits of the public. In furtherance of this covenant(but without limiting its general applicability and effect),the SPONSOR specifically agrees that it will keep the Airport open to all types,kinds, and classes of aeronautical use on fair and reasonable terms without unlawful discrimination between such types, kinds, and classes. The SPONSOR may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the airport. The SPONSOR may also prohibit or limit any given type,kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation need of the public. It will operate the Airport on fair and reasonable terms, and without unjust discrimination. 5.07 The SPONSOR will keep up-to-date and provide to the Iowa DOT an airport layout plan. The SPONSOR will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout plan, if such changes or alterations might adversely affect the safety,utility, or efficiency of the Airport. 6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement the SPONSOR authorized the undersigned to execute this agreement. Signed this day of �C�-�'d�a�� 7� , on behalf of the SPONSOR. By: (/fit Attested: Title: 6 rZ Title: ��`�►'� Signed this J ' ) day of eC/t�� , on behalf of the Iowa Department of Transportation. By: 4�rt_" Stuart Anderson Director Planning, Programming and Modal Division Page 71 of 107 Exhibit A CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non-Federal Aid Projects(Third-Party State-Assisted Projects) March 2019 i I i E Page 72 of 107 i March 2019 CONTRACT PROVISION Targeted Small Business(TSB)Affirmative Action Responsibilities on Non-Federal-aid Projects(Third-party State-Assisted Projects) 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(l 0), which is 51% or more owned, operated and actively managed by one or more women, minority persons, service-disabled veterans or persons with a disability provided the business meets all of the following requirements: is located in this state, is operated for profit and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State-assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises.These requirements are based on Iowa Code Section 1913.7.These requirements supersede all existing TSB regulations,orders,circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Economic Development Authority Targeted Small Business Certification Program 200 East Grand Avenue Des Moines, IA 50309 Phone: (515-348-6159) Website: https://iowaeconomicdevelopment.com/tsb 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive,result-oriented program.Therefore,the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business(TSB)concerns shall have the maximum practical opportunity to participate in contracts funded with State-assisted funds which are administered by this firm (e.g.suppliers, manufactures and subcontractors).The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State-assisted programs. 5. CONTRACTOR SHALL APPOI NTAN EQUAL EMPLOYMENT OPPORTUNITY(EEO)OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities.This person shall have the necessary statistics,funding,authority and responsibility to carry out and enforce the firm's EEO policy.The EEO officer shall be responsible for developing,managing and implementing program on a day-to-day basis.The officer shall also: A. For current TSB information,contact the Iowa Economic Development Authority(515-348-6159)to potential material suppliers, manufactures and contractors. B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted,at least two weeks prior to the time quotations are to be submitted.Maintain complete records of negotiation efforts. D. Provide or arrange for assistance to TSBs in seeking bonding,analyzing plans/specifications or other actions that can be viewed as technical assistance. Page 73 of 107 Page 1 TSB Affirmative Action Responsibilities E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions 1. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. A. The bidder may count: (1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor may count: (1) 100%of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60%of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. (3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that it involves a commercially usefulfunction. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from the prime contractor would not count. 2. REQUIRED DATA,DOCUMENTS AND CONTRACTAWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre-Bid Contact Information". This form includes: (1) Name(s)of the TSB(s)contacted regarding subcontractable items. (2) Date ofthe contract. (3) Whether or not a TSB bid/quotation was received. (4) Whether or not the TSB's bid/quotation was used. (5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the"Quotation Used in Bid"column along with a"yes" indicated on the Pre-bid Contact Information form. Page 74 of 107 Page 2 A. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contract Information form,then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: (1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation,trade associations and/or minority-focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified,was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (8) Were services used of minority community organization, minority contractors'groups; local, State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files for a period of three(3)years after the completion of the project and be available for examination by the IowaEconomic Development Authority. 3. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all State-assisted projects which are not assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation,then the contractor shall comply with section 7C. of this document prior to the contract award. Page 3 Page 75 of 107 2 q 7 . / / \ 2 ; \ \ ) LE 0 3 § 00 E m / \ ED CL \k / . 0 f E ® \ C) � 0 42 / \ / / \ C: / \ - CO / / / E 00 m . $ 7 / 2 . C/) \ ) 0 / 0 % ƒ \ U £ 0 ¥ g 0 § / � Z % 0 # \ 2 \ % @ e 3 E G t 0 3m 2 . k 0 § m � / E b / m \ ) § \ z 2 \ / mG o LO L OO � E : \ o Q O f J / o = G / - ® 2 q am / / 0 \ / \ � \ ~ ± a - % $ m mE % 0 / \ 0 ƒ R \ k 7 2 % = e k / / � / � / U) 0 C % E c / \ / E2 �_ f E \ -0 ® � / w / $ 0 \ � � R w ® ^ 02 m & E \ � E 0n � f t ƒ � \ 3 � 2 £ � f � / 0 � : ® ƒ 5 7 � 0 - \ f 00CL CL c2 ® § C I ƒ / / 0 ) k � k In o f o = o \ « # o m E f \ \ 3 ° ® $ / j 2 / E 0 % R 6 k -0/ \ a)- m \ R = k @ / / b\ / \ . m % m = ± _ _ 2 § ® § 0 -2 O 2 f : % f / t / \ p= \ 09 22 = £ Z ° ® & 7 U D- a) ¥ 0 [ § m / « = 2 ® 2 \ ƒ t \ / 0-.20-.2� /\ 0 - / E :D2 / 0 a) . § / Cl § § G w / 3CD - m CY) m G � ° k \ § 0 ' j t \ \ 0 U E U / � m c 0 2 £ P ge l UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 198.7, it is the policy of the Iowa Department of Transportation (Iowa DOT)that Targeted Small Business(TSB)enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants,suppliers, or participants in the work covered by this agreement. The Recipient's"positive efforts"shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority(515-725-3132)or from its website at: https://www.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP)process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available,the type of service or supplies needed for the project,and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled"TSB Affirmative Action Responsibilities on Non-Federal Aid Projects(Third-Party State-Assisted Projects)"or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/local_systems/publications/tsb_contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached"Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services,800 Lincoln Way,Ames, IA 50010. Page 5 Page 77 of 107 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non-Federal-aid Projects (Third-Party State-Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? -1 YES NO If yes, by letter, i. telephone, personal contact, or other(specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? YES F NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? �1 YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? Ei YES NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State-assisted contracts associated with this project. Title Signature Page 6 Page 78 of 107 AECOM 319-232-6531 tel PECOM 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com FY 2021 VERTICAL INFRASTRUCTURE PROJECTS IDOT PROJECT NO. 91210AL0200 IDOT CONTRACT NO. 22634 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA Project Description -See Attachment Scope of Services- See Attachment Compensation Compensation for services will be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed for a not-to-exceed fee of Nine Thousand Six Hundred Dollars ($9,600.00) without authorization of the Client. General Conditions Except as specifically amended by this Individual Project Agreement, Services shall be provided in accordance with the Consultant Services Agreement for the Waterloo Regional Airport, entered between AECOM Technical Services, Inc. ("ATS") and the City of Waterloo ("Client') dated April 15, 2014. APPROVED: APPROVED: CITY OF WATERLOO, IOWA AECOM TECHNICAL SERVICES, INC. By By J. Quentin M. Hart, Mayor ougIas W.4dj�(r, Associate Vice Msident Date Date October 21, 2020 Page 79 of 107 �Com Page 1 SCOPE OF SERVICES FY 2021 VERTICAL INFRASTRUCTURE PROJECTS IDOT PROJECT NO. 91210ALO200 MOT CONTRACT NO. 22634 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA I. Project Description The project is described as the projects associated with the Iowa Department of Transportation FY 2021 Vertical Infrastructure Projects. Projects identified in the grant include the following: Project will provide for the replacement of interior lighting in bulk storage hangars and aircraft maintenance areas along with pedestrian door replacements. Lighting replacements will be with LED fixtures in Hangars 1, 2, 3A, 3B and 5. Pedestrian doors will be replaced in Hangars 1, 2 and 5. II. Scope of Services The work to be performed by ATS includes the following tasks: 1. Data Collection and Review. This task consists of the collection of existing data applicable to this project and related to the proposed work site. The record drawings of completed projects and interior lighting information will be compiled as background information for the project. The Client shall coordinate with lease holders of the Hangar Nos. 1, 2, 3A, 3B and 5 so that ATS can gain access to these in a timely manner for the purpose of survey, investigation and photographic documentation of their existing conditions. 2. Final Desiqn. This task consists of the preparation of the final bid documents for this project, including specifications, drawings (as required) and cost estimates. The final plans and/or specifications will set forth the requirements of the design phase. 3. Final Project Specifications. This task consists of the preparation of specifications for the project. The specifications will be in compliance with current City of Waterloo and Iowa Department of Transportation requirements in effect at the time the specifications are prepared. 4. Estimate of Probable Construction Cost. This task consists of the preparation of an estimate of construction costs based upon the plans and specifications. This statement of probable construction cost prepared by ATS represents ATS's best judgment as a design professional at the time the estimate is drawn. It is recognized, however, that neither ATS nor the Client has any control over the cost of labor, materials or equipment; over the contractor's method of determining bid prices; or over competitive bidding or market conditions. Accordingly, ATS cannot and does not guarantee that bids will not vary from any Statement of Probable Construction Cost or other cost estimates prepared by ATS. 5. Quality Review. This task consists of the quality review of work elements on the project. During the course of this project, quality reviews will be conducted by senior technical personnel not directly involved in the project. Page 80 of 107 �COM Page 2 6. Bid Assistance. This task consists of assisting the Client in advertising for and receiving bids or quotes, analyzing the bids or quotes received and preparing a recommendation to the Client for award of contract. Project will be bid as three separate bid packages. 7. Bid Document Interpretation. This task consists of answering bid document interpretation questions from bidders, preparing and issuing any required addenda. 8. Resident Review. This task consists of limited on-site construction review at key critical construction operations to observe construction operations to determine compliance with contract documents. Site reviews will be documented in a construction journal. Coordination with airport tenants related to this project will be the responsibility of the Client. 9. Project Administration. This task consists of office administration and coordination of the project. Interoffice meetings, general day-to-day administrative responsibilities, and typing of interoffice memoranda and minutes of meetings are included in this task. O:Wdministration\AGREE\PROFWLO 2021 IDOT CSVI.doc Page 81 of 107 2021 Commerical Service Vertical Infrastructure Waterloo Regional Airport Waterloo, Iowa IDOT Project No. 91210ALO200/ Contract No. 22634 Engineering Services Consultant Cost Summary I. Direct Labor Cost Category Hours Rate/Hour Amount Senior Professional 4 $91.25 $365.00 Project Professional 26 $65.90 $1,713.40 Staff Professional 0 $50.70 $0.00 Professional 0 $34.00 $0.00 CADD Operator II 0 $41.10 $0.00 CADD Operator 1 16 $23.95 $383.20 Senior Technician 16 $40.00 $640.00 Technician 0 $27.70 $0.00 Project Support 12 $34.60 $415.20 $3,516.80 74 II. Payroll Burden and Overhead Costs 131.94% $4,640.07 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 200 0.575 115.00 Per Diem 0 50.00 0.00 Lodging 0 90.00 0.00 B/W Copies 200 0.06 12.00 Color Copies 30 0.22 6.60 Plan Copier 50 0.50 25.00 EDM Equipment 0 12.50 0.00 GPS Equipment 0 25.00 0.00 Miscellaneous, Other 100.00 $258.60 IV. AECOM Estimated Actual Costs $8,415.47 Rounded $8,400.00 V. Subcontract Expense $0.00 VI. Estimated Actual Costs $8,400.00 VII. Fixed Fee (15% of Items I & 11) Rounded $1,200.00 VIII. Maximum Amount Payable $9,600.00 Page 82 of 107 2021 Commerical Service Vertical Infrastructure Waterloo Regional Airport Waterloo,Iowa MOT Project No.91210ALO200 I Contract No.22634 Engineering Services Staff Hour Estimate Item Description Senior Project Staff CADD CADD Senior Project No. Prof Prof Prof Prof Operator II Operator I Technician Technician Support Totals 1 Data Collection&Review 8 8 2 Project Plans 12 16 28 3 Project Specifications 8 8 16 4 Estimate of Construction Cost 2 2 5 Quality Review 2 2 6 Bid Assistance 2 2 4 7 Bid Document Interpretation 2 2 8 Resident Review 8 8 9 Construction Administration 2 2 4 Total Engineering Services 4 26 1 0 0 0 1 16 16 0 12 74 Page 83 of 107 CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo purchasing procedures, to approve the purchase of six(6) adult and six(6)pediatric C-MAC©video laryngoscope systems, from Karl Storz Endoscopy- America, Inc., in the amount of$74,873.36. City Council Meeting: 10/26/2020 Prepared: 10/20/2020 ATTACHMENTS: Description Type ❑ Medical Director Letter of Recommendation Backup Material Resolution authorizing an exception to the City of Waterloo purchasing SUBJECT: procedures, to approve the purchase of six(6) adult and six(6)pediatric C- MAC©video lanmgoscope systems, from Karl Storz Endoscopy-America, Inc., in the amount of$74.873.36. Submitted by: Submitted By:Jason Hernandez, Medical Supervisor Recommended Action: Approve Waterloo Fire Rescue is looking to purchase of six(6) adult and six(6) pediatric C-MAC©video laryngoscope systems from Karl Storz Endoscopy-America, Inc. in the amount of$74,873.36. It is with strong recommendation from Waterloo Fire Rescue's Medical Summary Statement: Director, Dr. Christopher Hill, that C-MAC©is the product of choice. This product will greatly enhance and improve endotracheal intubation or placement of a breathing tube in those patients requiring advanced airway support and protection. This in turn will aid in improved outcomes in those patient populations. This is well studied and referenced in Dr. Hill's letter of recommendation. Expenditure Required: $74,873.36. Source of Funds: 010-12-1410-2116 Page 84 of 107 �Q-CERi_0 llli RESGJ� City of Waterloo, Iowa Christopher Hill, D.O. October 20, 2020 Medical Director Chief Treloar, Medical Supervisor Hernandez, and Waterloo City Council, I'm pleased that the department is procuring a breathing-tube placement system that will help our Paramedics save lives in Waterloo. Video-assisted laryngoscopy has been well-studied, particularly in pre-hospital emergency medical services, and it greatly improves safety for patients who are not breathing or who have an at-risk airway. When time-critical care of the airway is necessary, this technology improves first-pass success, decreases the time a patient is not breathing, and is an important tool that must be in the hands of any clinician performing endotracheal intubation. Both locally and nationally, emergency physicians, anesthesiologists, and critical care physicians have integrated this technology into their routine practice for over a decade. There are a variety of video-assisted laryngoscopy products; however, based upon my experience as an emergency physician and evidence-based EMS reports, there is one superior, unmatched portable product that I am formally recommending: the C-MAC Pocket Monitor system (by KARL STORZ Endoscopy-America). When evaluating the necessary specifications for use in the prehospital setting, no other product on the market meets the needs for our Paramedics in the field caring for these critically ill patients. Several unique features of the C-MAC system, some of which are listed below, have led me to this conclusion. Also worth noting, the C-MAC system is used by our local hospitals and many other EMS systems, including our local Air Ambulance services. 1. It is a portable device with a detachable and rechargeable battery with a separate standalone charging base, unlike most competing products. 2. The system uses traditionally styled blades (identical to those that Paramedics use in their training: Mac & Miller blades) with a full complement of sizes (pediatrics to large adults) in addition to a markedly curved blade (D-Blade) that is styled for unique airways. 3. Its 3.5-inch high-resolution digital screen is unmatched by other products I have used. 4. Images are easily captured, recorded, and downloaded for quality assurance reviews (without a removable flash drive needed by most systems). 5. Its durability and water-resistant ratings are unrivaled among other portable systems. 6. There is a 2-year warranty versus the more-common 1-year warranty. Page 85 of 107 When a patient is unable to breath, time is of the essence. Our patients and the citizens of Waterloo deserve well-trained personnel who have access to the most appropriate equipment necessary to save lives. We are fortunate to already have the expert personnel in our department. When our team is paired with the unique, C-MAC system for emergent airway management, we will save more lives, decrease the risk of complications, and improve patient outcomes. I am happy to offer more insight upon request, but it is without hesitation that I specifically recommend the C-MAC system and confidently state that there are no other like-products on the market that would meet the needs of Waterloo Fire Rescue. Respectfully, "A� �O.O. Christopher Hill, D.O. Medical Director Page 86 of 107 CITY OF WATERLOO Council Communication Resolution approving changes to the City Travel and Meetings Policy, effective November 2, 2020. City Council Meeting: 10/26/2020 Prepared: 10/22/2020 ATTACHMENTS: Description Type ❑ Travel and Meetings Policy Proposed Oct 22 2020 Backup Material SUBJECT: Resolution approving changes to the City Travel and Meetings Policy, effective November 2, 2020. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer The Travel and Meetings policy was reviewed by the Finance Committee Summary Statement: and City council earlier this year. The agreed-upon changes have been incorporated into the policy. Two previously-adopted amendments were also incorporated into the policy. Page 87 of 107 TRAVEL AND MEETING GUIDELINES OVERVIEW These guidelines establish the basic policies and procedures for the expenditure of public funds for authorizing attendance, travel and reimbursement of expenses for City employees, elected officials and appointed members of boards and commissions and other individuals traveling on City business including the attendance at meetings and all training conferences by all employees and officials. Everyone who travels or attends meetings for City business purposes (or supervises someone who does) is responsible for knowing and following these guidelines. These guidelines are organized into seven sections: ■ General standards ■ Planning an official trip ■ Travel/Training authorizations ■ Making the trip ■ Incurring non-travel expenses ■ Accounting for expenses The key documents in the administrative process are the Travel/4k-q*estTraining Request (TR) form and the Employee Expense Record (EER). Besides ensuring that travel by City employees, elected officials and Board and Commission members is conducted in accordance with these guidelines, the EER-summarizes the total cost of attending conferences, meetings, and seminars and provides documentation for vendor payments and credit card purchases. General instructions for completing and processing this form are also included in these guidelines. Adoption and Implementation. The Council is responsible for adopting the City's travel and meeting guidelines and for approving any significant policy revisions to them. The Mayor is responsible for developing administrative procedures as needed to implement the guidelines with the assistance of the Finance Department. In this role, the Mayor is authorized to make minor administrative changes in the guidelines as long as they are intended to carryout the purpose of these guidelines and will not have any significant policy impacts. These are overall guidelines for the City. Departments may implement more restrictive guidelines,but may not adopt any that are more liberal. GENERALSTANDARDS These guidelines do not require you to take a bus, stay in a cheap motel or eat only in fast food restaurants. They do pefmitrequire you to use reasonably priced transportation and lodging. For example, a bus or a train may cost less than a plane, but the added time away from work can make these slower options more expensive to the City overall. The meal allowances established in these guidelines allow you to eat in moderately priced restaurants. 1 Page 88 of 107 Travel and Meeting Guidelines In all areas, not just economy, you are responsible for exercising good judgment in requesting, arranging and making a trip. It should be thoroughly planned well in advance. Personal business should not be mixed with official business if it will cost the City anything in dollars or lost time, or if it will harm the City's interests in any way. These guidelines are not intended to address every issue, exception or contingency that may arise in the course of City travel or attendance at meetings. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. PLANNING AN OFFICIAL TRIP Who can travel on City business? City employees, elected officials, board and commission members may all have reason to travel on official City business. In certain cases, others may also travel on behalf of the City (for example, trainers traveling to Waterloo to conduct City-sponsored seminars). As long as the individual is included in an approved travel request, they are authorized to travel on behalf of the City. How will you travel? When planning the transportation portion of your trip, consider all aspects of cost to the City daily expenses, overtime, lost work time—as well as actual transportation costs. In general, common carrier (bus, train, plane) is the preferred mode of transportation. You should use an intercity bus, train or airplane unless there is a valid reason for using private transportation. For example, use of a City vehicle—especially if two or more employees or officials are traveling together—may be less expensive for travel within the State. However, as noted above, the increased time for automobile transportation—and the potential for lost work time, overtime, or increased lodging costs—should be considered in determining the best mode of transportation. If you need local transportation at your destination, use of public transit such as buses, streetcars and subways is appropriate. You will be reimbursed for these expenses. You will be reimbursed for taxis when public transit or other common carriers are not reasonably available. If a car rental is required, you may use a City credit card or request reimbursement when you return, as long as the use of a rental car is pre-approved- Air Travel: All air travel on City business should be at the lowest available fare (typically referred to as coach or economy class). Every effort should be made to fly out of Waterloo. If not flyingfrom rom Waterloo, you must document why you are using another airport and include that explanation with your travel request. Automobile/Mileage: If you will be driving, you should use a City vehicle if one is available. You may use a City credit card to purchase gasoline in accordance with the City credit card policy or request reimbursement when you return. 2 Page 89 of 107 Travel and Meeting Guidelines When available, courtesy shuttle services should be utilized between airports and meeting locations. Parking at the airport is reimbursable with the original receipt. If a City vehicle is not available, or there is another reason why you should drive your personal car, you may do so with the approval of your department head. You will be reimbursed at the current IRS standard mileage reimbursement rate. Commuting miles from your home to City Hall must be subtracted from the miles traveled. To drive a privately owned vehicle on City business you must: ■ Possess a valid Iowa driver's license. ■ Carry liability insurance limits required by the City's Insurance Committee. ■ Realize that any damage to the car, needed service, or repair occurring on the trip will be your responsibility, as these costs are included in the City's per mile cost reimbursement. In cases where more than one employee is attending the same event, employees will normally be expected to travel together and mileage reimbursement will be for one vehicle only. If you choose to use a personal vehicle to attend a conference, the mileage reimbursement will be limited to the lesser of(1) the actual mileage to the conference destination or (2) the equivalent of the most economical airfare. Rental Vehicles: The use of rental vehicles is not permitted unless there is no other transportation available or when alternate transportation would be more expensive or impractical. When rental vehicles are used, the least expensive vehicle practical will be used. Rental cars may not be used for personal use unless reimbursed. If requesting to use a rental car, a supplemental document should be provided with the travel request explaining the need for a rental car. When will you go? By what route? You should schedule your trip so that you leave at the latest reasonable hour and still arrive at your destination on time. You should also return promptly when your business is finished, thereby minimizing the time away from work and ensuring full reimbursement of all related expenses. You should generally take the most direct and commonly traveled routes. Other routes may be authorized when official business requires their use. If you take an indirect route or stop along the way for personal reasons, you will not be reimbursed for related expenses. What about compensation for travel time? When travel time exceeds your normal workweek, the City's rules for overtime apply if you are eligible for overtime. In determining overtime compensation, normal commute time should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time when you are traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays, weekends or evenings. Where will you stay? 3 Page 90 of 107 Travel and Meeting Guidelines The City will pay for a single room (including taxes and parking) for as many nights as necessary. The accommodations you use should be economical but practical. For example, it is preferable to stay at the hotel where a conference is held, even if that hotel may be slightly more expensive than others in the area. Location is also important: a hotel close to where you will be conducting business may be slightly more expensive than outlying hotels, but it may be easier to achieve the City's travel goals by staying at the closer location. In general, you should stay at the most reasonably priced accommodations available consistent with the purpose and goals of your travel. If you have a question about using a particular hotel, obtain concurrence or direction from your department head before making a reservation. When making arrangements for travel, you should always request a government rate. The City will not reimburse employees for lodging expenses incurred for additional guests in the same room. Pre-conference lodging will be allowed for travel outside a 904-2-5-mile radius of Waterloo and must be identified in the travel request. Starting time is for the actual conference, not registration or optional tours or conference sponsored events. If travel within the 904-2-5-mile radius of Waterloo requires early morning and evening attendance on consecutive days (for example, if meetings run until 10 pm and start again at 7 am), individuals can request consideration for lodging (instead of traveling back to Waterloo daily) through their department head to the Finance Department. Should you make reservations? Whenever possible, you should make reservations. They are often required for large conferences. Upon obtaining the necessary approvals, you can use a City credit card number to confirm reservations. Be sure to cancel any reservations you will not use. If the City is charged for an unused reservation, you will pay that charge unless circumstances requiring cancellation were reasonably beyond your control. When making lodging reservations, be sure to ask about exemptions from the local transient occupancy tax (TOT or hotel/motel tax): some cities exempt travelers on City business, others don't. You may be able to save up to 14% on lodging costs depending on the local TOT rate. Almost all lodging operators will require an official, written claim for exemption. A sample for this purpose is provided in Exhibit A. Will the City pay for all expenses incurred while traveling? Miscellaneous expenses. No. Items of a personal nature are not reimbursable including items such as movies, entertainment, premium television services, alcoholic beverages, dry-cleaning, spas, gyms, barber, magazines, shoe shines, travel insurance, purchase of clothing or toiletries, fines or traffic violations, excess baggage costs, spouse and/or guest accommodations, repairs to personal vehicles, office equipment and other items of a personal nature. Optional tours, banquets or other activities not related to professional advancement offered through a conference as an additional registration cost are solely at the discretion of the employee and will be considered personal expenses. Family members or guests. Travel arrangements and payment of costs for family members or guests are not eligible for payment by the City. Travel arrangements and payment of costs for 4 Page 91 of 107 Travel and Meeting Guidelines family members or guests should be handled directly by the employee unless incidental to the employee's travel. For example, the additional charge for a double room versus a single room may be charged to the City and reimbursed by the employee within 30 days after the travel. Phone calls. Generally, personal phone calls will not be reimbursed by the City. However, employees will be permitted one five-minute phone call per day when traveling overnight. City- business related calls made by the employee-will be reimbursed. If unauthorized expenses have been paid by the City for any reason, the employee will be responsible for reimbursing the City within 30 days. Do I need to have travel pre-approved? TRAVEL/TRAINING REQUESTS Travel and training requests are required for all out-of-town travel for non-routine business requiring out-of-pocket expenses and for all training conferences. Travel requests are not required for routine business travel within Black Hawk County or for routine business travel outside Black Hawk County IFff no out-of-pocket costs are incurred. They are required when attending in-town training sessions sponsored by organizations other than the City of Waterloo if there is a registration fee or other out-of-pocket cost associated with the training. Travel requests must first be approved by the Department Head. They should then be provided to the Finance Department. Requests of $2004-09 or less will be forwarded to the Mayor's office €er after budge approval by the Finance Department. Departments should submit travel requests exceeding $200 on the Finance Committee agenda using the Novus agenda system. The iee Department will plaee requests exeeeding $100 on the Couneil Finanee Committee agenda appr-eval. if approved by the Finanee Committee, they will be plaeed on the full Getifleil agend for-appr-evzaBec-a-.ethic is za length), pr-eees-R,-41:ravel requests and accompanying voucher requests should be submitted to the depai4ment head-as far in advance as possible so that the necessary i1pprovals are obtained prior to the travel date.and at least one month pFierto 4iete of tfa-,�el. Department heads approving Travel requests are responsible for determining that the cost is reasonable and justified by the trip's purpose. They should be certain that: ■ The purpose cannot be accomplished by mail or telephone. ■ The seminar, meeting or conference is necessary to accomplish key City goals and objectives and is unavailable locally if overnight accommodations are required. A copy of the meeting/conference agenda is required to be provided with the travel request. If not attending the conference at the closest location, an explanation of the reasoning for attending at the requested location should be included. ■ The minimum number of City staff members are going. If more than one staff member is attending an explanation of the purpose for multiple attendees should be provided. ■ The itinerary ensures accomplishment of the purpose at the lowest reasonable cost. ■ If a rental car is requested, include an explanation of the reason a rental car is needed. 5 Page 92 of 107 Travel and Meeting Guidelines ■ If not attending a meeting/conference at the closest location, attach an explanation of the reason for selectingthe he requested location. ■ The traveler understands and follows these guidelines. ■ There is enough money in the appropriate travel budget to cover the costs. Ultimately, the responsibility for following these guidelines and exercising good judgment in the use and stewardship of the City's resources rest with each City employee traveling on City business. -What if the travel is an ememency? In the rare event that you need to travel on city business on an emergency basis and you cannot complete the necessary travel forms prior to leaving, you should have someone in your department contact the Finance Department to make them aware of the emergency travel. The necessary forms should be completed immediately upon your return. Requests for Payments to Vendors The City will pay all legitimate expenses of your trip. These include transportation, lodging, registration fees, meals and any other related expenses if they are for official business and fit within these guidelines. Travel expense reimbursements are submitted by department heads to the Finance Department for approval. Travel expense reimbursements for the Mayor and City Council members exceeding $200 must be approved by a member of the Finance Committee in addition to Finance Department approval. The City's standard voucher system may be used to request vendor payments or employee expense reimbursements. City credit cards may also be used if pre-approval is obtained. The Employee Expense Report should be used when you return to account for your actual travel expenses. A copy of the approved Travel/Training Request form should be attached to any request for payment of expenses related to the travel. There are three ways to pay for travel expenses: direct vendor payments, reimbursements/-ash advanees and by city-issued credit cards. The methods that should generally be used are direct vendor payments and reimbursements to employees. Direct vendor payments are made by the City to an organization to pay for specific costs related to a trip—usually registration fees, lodging and airfare. Reimbursements will be made to employees upon their return from the trip with the submittal of properly documented expenses. Credit cards may be checked out and used pursuant to the City credit card policy. Cash advances are lump sum payments made to you before you leave to cover expenses as they arise on the trip and will not be issued as a standard method of financing travel. They will be permitted ONLYen4y if there are extenuating circumstances. and will not be issued as a standard method of finaneing travel. In the extremely rare event that a cash advance is If you r-e"est a eash-adva-mc permitted, the department head must review the amount to be sure it is reasonable prior to obtaining authorization from the Finance Department. When you return, you must account for all expenses you incurred, and return the unused portion of the advance. You will be reimbursed the 6 Page 93 of 107 Travel and Meeting Guidelines difference if the actual, authorized expenses you incurred exceed the amount advanced. You will be required to reimburse the City for any cash advances taken that exceed actual authorized expenses within ten days of your return. To obtain either direct vendor payments or reimbursements/cash advances, you must complete the appropriate sections of the Travel Request and attach payment vouchers for all payments. Travel/Training Request Forms. This form is available in the City C lel%ancz ofnee. Since it ig a ear-bon f f «r .,tufes) the original f f. s1,otil a be tis in Shared Goodies and is a Tillable Adobe (pdf) form. Please make every effort to use the Tillable form. MAKING THE TRIP There are two key"golden rules"to remember about making an official trip: ■ Keep it official. ■ Keep records for all expenses. Keeping It Official If you take time away from official business for personal matters, or if you delay your return after completing your business, you will not be reimbursed for expenses incurred during that time. When combining business and personal travel in this manner, department head approval is required. If this extended period occurs during your regular scheduled work hours, the time will be counted as vacation, comp time (if available) or leave without pay. If you become sick and must delay your return, you will be reimbursed for your additional living expenses (except those directly related to your illness, such as physician or hospital costs) until you are able to return home. You should notify your supervisor as soon as possible if you become ill. The time will be counted as sick leave if it occurs during your normally scheduled work hours, and the City's normal sick leave rules will apply. Keeping Records for All Expenses As discussed below under Accounting for Expenses, you must maintain a detailed record of all expenses incurred during your travel: meals, transportation, lodging, baggage handling, parking fees, registration fees, telephone and any other reasonable and necessary expenses. Original receipts must be submitted for all expenses other than tips. Detailed receipts, not just stubs or credit card charge slips, must be submitted for meal reimbursements. Meals Meal expenses will be reimbursed with original detailed receipts ONLY up to the following amounts: When traveling to large cities (as defined in federal CONUS/OCONUS regulations): 7 Page 94 of 107 Travel and Meeting Guidelines Total 70.00 When traveling to cities other than those defined as large cities: Total 45.00 Receipts are not required for tips. However, City-paid tips are capped at 15% (unless for a group where the restaurant uses a stated gratuity). The City does not pay for breakfast on the date that the employee departs for travel. For the day that the employee returns home, the evening meal is typically not reimbursed unless the employee will not arrive home until after eight p.m. Meal Allowanees in liett of tuming in aetual expenses, the following per-them amouvAs (ineluding beverages, taxes and gr-awities) are allowed for-fneals as follows, When tfaveling to large eities (as defined in federal CONUS/OCONUS f egtilations): Total Per Diem $55.00 A4ie t,-weliag to ,.;ties other-than lafge ,.;ties. Total Per-Bi $35.00 Because of reimbursement limitations by other agencies or other budget constraints, department heads may authorize lower meal allowances. Anyr-eimbufsements o eed g depa-.tment.,1 NO reimbursement will be made if a detailed receipt is not provided (the credit card receipts with the total charge is not adequate). General ■ If meals are provided without charge at a meeting or while in transit (meals served on a plane, for example), gppropriate deductions must be made from the meal allowance limit What if I have medically required dietary restrictions and cannot eat the meals provided at a conference? The City's standard policy is not to pay for meals eaten in place of meals that are provided during conferences, seminars and similar meeting_s, since the cost of those meals is included in the registration fee. However, if an employee has medically required dietary restrictions,upon presentation of a written statement from the employee's doctor, specifying that there are dietary restrictions that prevent the employee from eating the menu items provided by the conference sponsor, the city 8 Page 95 of 107 Travel and Meeting Guidelines will reimburse the employee for menu items approved by the employee's doctor for meals. All other travel policy restrictions continue to apply. What if the travel or training lasts longer than a period of five days? On occasions when employees are attendingtraining aining or travelingon n city business for more than a five-day period, accommodations with cooking facilities should be used whenever possible. In that event, meal reimbursements will be paid using a flat fee of$25 per day. In cases where an employee's travel is longer than a five-day period and includes days that are not either work or class days, the city reimbursement shall follow these guidelines. If it's more economical to pay any additional lodging costs and additional meal costs than to pay travel expenses to return home for those days (typically the weekend), the city will pay the additional costs if the employee chooses to remain at the travel site. If it's more economical to return home for those days, the city will not reimburse the employee for the additional lodging and meals for the non-work/class days. Genera fif meals are provided without ehar-ge a4 a ineeting or while in transit (meals served on a plane, for- exa+nple), appr-opr-ia+e deduetions ffmst be made f+em the per- them meal allo INCURRING NON-TRAVEL EXPENSES The City will pay expenses incurred for such meetings and hospitality as may, from time to time, be determined by the Council to be appropriate. Costs for such special occasions will be determined by specific Council action authorizing such events. The City will also pay expenses you incur attending meetings or conferences held locally which do not include travel expenditures. In addition, the City will reimburse you for costs incurred while at a meeting or other function when such costs are directly linked to the program or subject matter of the meeting. Examples of costs that may be borne by the City include printed materials, tapes or other training material that may be available for sale at the meeting. Business Meals Business and working meals are generally not reimbursable expenses. Actual detailed receipts must be provided for such meals. Reimbursement will not be made for alcoholic beverages. An expense report listing the names and titles of all persons attending the business dinner together with the business reason for the event must be completed and filed with Finance in order to receive reimbursement. Travel request forms should be completed to obtain approval for all such meals and food items. 9 Page 96 of 107 Travel and Meeting Guidelines Alcoholic Beverages City funds should not be used to purchase alcohol or reimburse employees for alcohol related costs. The Council may approve exceptions to this policy on a case-by-case basis for special receptions or other unique circumstances. This discretion applies primarily to non-travel related expenditures such as special receptions, and not to routine travel or meetings by City employees. Spouses and Guests Spouses and guests are welcome to accompany you on City travel and at conferences, seminars and meetings. However, any additional costs associated with the participation of your spouse or other guests are your responsibility. Guests as passengers in City vehicles. Due to liability concerns, non-City employees should not ride as passengers in City vehicles when it is not directly related to City business. However, department heads may approve exceptions on a case-by-case basis, subject to review by the Insurance Coordinator. ACCOUNTING FOR EXPENSES When you return from your trip or official function, a final accounting of all expenses generally must be approved by your department head and submitted to Finance within thirty working days. An expense report is required in all cases—whether the advance and actual expenses are equal, you are eligible for additional reimbursement or you owe money to the City. The final accounting is made by completing the Employee Expense Report. After completing the expense report, you should attach required receipts, a copy of the approved Travel Request and conference documentation (if travel was to attend a conference), sign the report attesting to its accuracy and submit it to your department head for review and approval. If you owe the City for the unused balance of a cash advance, you should pay the amount due to the cashier at your location and attach the cash register receipt to your expense report. Department heads approving expense reports are responsible for ensuring that: ■ All expenses are reasonable, necessary and consistent with these guidelines. ■ Any required receipts are attached. ■ The final disposition is correct(balance due employee; balance due City). ■ Any amounts due to the City are reimbursed. ■ Final accounting of all expenses is submitted to Finance. Upon approval by your department head, the expense report should be processed as follows depending upon the circumstances: If the City Owes You 10 Page 97 of 107 Travel and Meeting Guidelines The expense report should be forwarded to Finance along with a voucher request for payment to you, a copy of the approved travel request and, in the event that a conference was attended, a copy of conference documentation; the reimbursement will be processed on the next check register. If You Owe the City The expense report should be forwarded to Finance with the cash register receipt attached evidencing payment of the amount due. Approved by the City Council July 8,2002 Travel and Meetings Policy 11 Page 98 of 107 Travel and Meeting Guidelines CLAIM FOR EXEMPTION FROM TRANSIENT OCCUPANCY TAX The undersigned claims exemption from paying city transient tax charged for the period from through The undersigned claims this exemption for , who is on official business as an employee of the City of Waterloo, Iowa. NOTE: Operators of hotels should not accept this application unless the person presenting it shows satisfactory identification. A separate application is required for each occupancy period. I declare under penalty of perjury of the laws of the State of Iowa that the foregoing is true and correct: Signature of Authorizing Official Name Date Page 99 of 107 CITY OF WATERLOO Council Communication 4:00 p.m. Work Session, Harold E. Getty Council Chambers City Council Meeting: 10/26/2020 Prepared: Submitted by: Submitted By: Page 100 of 107 CITY OF WATERLOO Council Communication 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers City Council Meeting: 10/26/2020 Prepared: Submitted by: Submitted By: Page 101 of 107 CITY OF WATERLOO Council Communication Leisure Services Commission Minutes of September 8, 2020. City Council Meeting: 10/26/2020 Prepared: ATTACHMENTS: Description Type Leisure Services Commission Minutes of September 8, Backup Material 2020 SUBJECT: Leisure Services Commission Minutes of September 8, 2020. Submitted by: Submitted By: Page 102 of 107 I' I E MINUTES i WATERLOO LEISURE SERVICES COMMISSION TUESDAY, September 8, 2020 ZOOM Conference Call This meeting was held by ZOOM conference call. Brenda Durbahn called the meeting to order at 7:34am. Present: Brenda Durbahn, Jadyn Spencer, Tom Christensen, Bob Bamsey (joined at 7:38), Sharon Samec, Council Liaison Dave Boesen Staff: Paul Huting, Chris Dolan, Travis Nichols, Mark Gallagher, Todd Derifield, JB Bolger and Bill Bachman Absent: Tom Powers, Xavier Leonard Brenda Durbahn called for approval of the agenda. Motion to approve amended agenda by Sharon Samec, second by Tom Christensen Ayes: all Nayes: none Brenda Durbahn called for motion for approval of the August 11, 2020 meeting minutes. Motion by Tom Christensen to approve minutes, second by Sharon Samec Ayes: all Nayes: none Brenda Durbahn called for approval of the bills. Motion by Tom Christensen to approve bills, second by Sharon Samec Ayes: all Nayes: none i REQUEST FOR 4T" ANNUAL CEDARLOO SLAM Request was received from Brian Helmricks, CedarLoo Skateboard Association to hold a skate park event on October 3, 2020. They are anticipating 20-30 participants, and up to 200 spectators. This is their fourth annual event, first time to be held in Waterloo. Bob [ Bamsey made a motion to approve event pending approval of noise ordinance, providing insurance as required by the City, and establishing and following a mask [ mandate to meet City and County covid 19 requirements. Second by Tom Christensen. Ayes: all Nayes: none STAFF UPDATES Forestry— Todd Derifield Todd Derifield reported that the crews are trimming, planting, and removing trees as well as performing various park maintenance projects. Interviews for the two Park Maintenance 11 — Forestry vacancies were held and 2 people showed up to the interview and one of those passed the oral exam. The REAP Grant funded Greenbelt Lake Fishing Pier project is nearing design completion as the engineering on the sidewalk abutment that will meet the fishing pier will be finished soon. Construction — Travis Nichols Travis reported that his crew continues to do routine park maintenance in the park system. Seasonal staff are doing garbage and restroom routes. The construction crew removed the existing shelter and concrete at Hope Martin Park and the replacement shelter is out to bid. The crew also doing dirt work and repairs to the restroom located by new skate park. Current projects include the skate park, Hope Martin Shelter, Young Arena Roof and Greenbelt Lake Reap Project. Page 103 of 107 Young Arena — Chris Dolan i' USHL season moved back start to November. Season changed from 60games to 54 games. • WBH and City staff are working on protocol for the 2020-2021 USHL season. • We will be scheduling a Young Arena Committee Meeting prior to the October Commission Meeting • MWHSHL season starting as scheduled November. 32 games • Construction on the East roof has started. Scheduled to be completed prior to winter. • Battle of Waterloo Hockey tournament will be Sept 19-20, 2020 • Adult hockey and freestyle sessions have been well attended during the summer session. Sports and SportsPlex — Mark Gallagher Sports • Hosted Labor Day Softball Tourney • Working with Travis on Tennis Resurfacing Project • Fall Sports Registrations taking place. This will be a challenge due to lack of access to school facilities. • Mayor's More Than Basketball League has Kicked off thanks to a donation from the Young Family Foundation. • Reviewing information received on swim pools. SportsPlex • Fall Group Exercise Schedule is off and running. • Concentrating marketing efforts on getting Frozen Members back to active i'. members. • Road Construction in front of building continues Golf and Downtown Area —JB Bolger • We have started the process of purchasing updated controls for the Iry Warren irrigation system. The current system is 23 years old installed in the fall of 1997. The current system shuts down unexpectedly and is no longer supported in any way by Toro the manufacturer because it is too old. The plans, specifications, and bid documents are on the City Council Agenda for approval at their 918120 meeting. • Aerification of the greens has been completed at South Hills and Iry Warren. Gates is scheduled to complete that work the week of 918120 weather permitting. F • The Downtown Area Maintenance Crew is scheduled to overseed Lincoln Park and around the Boat House this week. • Final payment was made to the contractor for the Lincoln Park Renovation Project. The only work that remains is to install sloped hoods on the new electrical boxes in the park which should keep cabinet temperatures cooler and keep rain from pooling on top of the boxes. • Rounds report was discussed. Play over the course of the season has been strong. Season pass sales in the spring were less than normal due to Covid-19 Pandemic however players are still upgrading punch passes to season passes at this time. Daily fee 9 and 18 hole rounds are up. i E Page 104 of 107 The next regular Leisure Services Commission Meeting will be held Tuesday, October 13, 2020. To be determined where the meeting will be held. Bob Bamsey made a motion to adjourn, second by Sharon Samec. Brenda Durbahn adjourned the me ing at 8.10am. 1U-n,, Sharon Samec, Secretary -1AD 20 Signed this Date Page 105 of 107 CITY OF WATERLOO Council Communication Community Development Board Meeting Minutes September 2020. City Council Meeting: 10/26/2020 Prepared: 10/21/2020 ATTACHMENTS: Description Type ❑ September 2020 Board Meeting Minutes Backup Material SUBJECT: Community Development Board Meeting Minutes September 2020. Submitted by: Submitted B, y D. Jones, Community Development Director Recommended Action: approval Page 106 of 107 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING September 15, 2020 The regular meeting of the Community Development Board was held via Zoom at 4:00 p.m.on Tuesday, September 15, 2020. Members present: Cam Campbell,John Chiles,Angela Weekley,Zach Hansen, and Cody Leistikow Members absent: Jenna Northey and Felicia Carter Also present: Rudy D. Jones, Community Development Director;Anita Rousselow,Administrative Secretary;Angie Fordyce, Community Development Coordinator; Matt Chesmore, Senior Rehabilitation Specialist A. APPROVAL OF THE AGENDA FOR SEPTEMBER 15, 2020 Chairperson John Chiles asked for a motion to approve the agenda. It was moved by Hansen and seconded by Leistikow to approve the agenda.Motion Carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON AUGUST l8, 2020 Chairperson John Chiles asked for a motion to approve the minutes. It was moved by Hansen and seconded by Leistikow to approve the minutes for August 2020.Motion Carried. C. OLD BUSINESS 1. Staff Updates and Lead Grant The office is still closed to the public but staff has protocols and precautions in place when dealing with clients and contractors. Chesmore gave an update on where we are with the lead grant.We are planning a soft closing of the lead grant on December 1. As of right now,we are short 46 clearances and 29 assessments.We have lowered our benchmarks in the application for the next lead grant. 2. Lead Grant Application FY20 The lead grant application was submitted before the deadline and staff is hoping to hear about the award of the lead grant by the end of September. The total number of units of 100 assisted will be comparable to our last lead grant with the exception of a larger maximum award and a longer grant period. 3. Subordination Policy Discussion A discussion about the what's and the whys about our program and policy in regards to subordination was held. Our financial community's needs have evolved so our community development policies will need to be discussed on a regular basis. Community Development will always look out for the client's interest in regards to refinancing. 4. COVID-19 Applications Staff is working thru the applications. The small business/microenterprise applications are 95%done,with only one business eligible at this point. Staff is waiting on more paperwork from the applicant. The public service applications will be looked at in the near future. D. NEW BUSINESS 1.Endorse Contracts for August 2020 Chairperson John Chiles asked for a motion to approve contracts Weekley madea motiontoapprove contractsfor August 2020 and this was seconded byHansen. Motion carried. 2.Neighborhood Services Smith-Nalls was not present at the meeting.A report was presented to the board about the upcoming events. 3.Down Payment Assistance Program The program for homebuyer assistance is being finalized. Staff will be contacting the clients that are on the waiting list to let them know an application is ready and explain to them the guidelines of the program. 4.WINS Grant Application Staff has been working in collaboration with Habitat and Vandewalle and Associates to prepare for and submit the application for the US Conference of Mayors Community WINS grant. The grant this year is focused on addressing housing issues and strengthening housing opportunities. DISCUSSION ITEMS Motion to adjourn was made by Leistikow and Weekley seconded that motion. Meeting adjourned. Respectfully submitted, Board Secretary Page 107 of 107