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Council Packet - 7/3/2023
CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, July 3, 2023 5:30 PM CITY OF WATERLOO COMMUNITY VISION PLAN 1. Fly the W: To develop a sense of pride and relationship between residents and the City of Waterloo, and then leverage that pride to communicate the City's attributes to external audiences. 2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo in eight years by providing access to capital. 3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition of neighborhoods by celebrating and connecting them with the community and region at large. 4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that connects people and employers for mutual growth. 5. Crossroads Doubledown: Re -energize Crossroads Mall area into a sports/recreation themed gravitational center. 6. Power Up Downtown: Keep Waterloos core downtown evolving to meet the needs of future generals, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The public Page 1 of 530 is required to follow the rules listed in this article when speaking during any meeting of the city council. B. At the presiding officer's discretion, individuals may address the presiding officer by stepping to the podium, and after recognition by the presiding officer, shall state their name, address and group affiliation, if appropriate, and speak clearly into the microphone. C. Comments shall be germane and refrain from personal, impertinent, or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of three (3) minutes During the public comment section of the agenda. The public shall not be required to pre -register to speak during public comment. Individuals shall only speak on matters not listed on the regular agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by four o'clock (4:00) P.M. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer, individuals may speak for a maximum of three (3) minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence. Pledge of Allegiance: Nia Wilder, Ward 3 Council member. Approval of Agenda. Approval of Minutes of June 20, 2023 Regular Session, and the June 29, 2023 Special Page 2 of 530 Session, as proposed. PUBLIC COMMENTS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing as July 17, 2023, on the authorization of a loan and disbursement agreement and the issuance of not to exceed $4,045,000.00 Sewer Revenue Capital Loan Notes, and direct the City Clerk to publish notice. 3. Resolution setting date of public hearing as July 17, 2023, to approve the request by Hurst and Sons Contractors, LLC, to rezone 0.46 acres from "M-1" Light Industrial District and "R-2" One and Two Family Residence District to "M-1" Light Industrial District at 622 Ansborough Avenue, and direct the City Clerk to publish notice. 4. Resolution setting date of public hearing as July 17, 2023, to approve a Site Plan Amendment request by E. Castro Roofing and Siding, LLC, for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C-Z" Conditional Zoning District located at 42 Franklin Street, and direct the City Clerk to publish notice. 5. Resolution setting date of public hearing as July 17, 2023, to approve the request by Ridgeway Heights LLC, dba San Marnan Heights Senior Living, to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R- 4,R-P" Planned Multiple Residence District to allow for the construction of a 110-unit senior housing complex located east of 815 Tower Park Drive, and direct the City Clerk to publish notice. 6. Resolution setting date of public hearing as July 17, 2023, for the sale and conveyance of City -owned property in the amount of $1.00, located at the southeast corner of Leversee Road and Hyper Drive, for the construction of a 50,000 square foot warehouse, including a Development Agreement and Minimum Assessment Agreement with 3 Stooges, LLC with a minimum assessed value of $1,450,000.00 and tax rebates of 5 years at 50%, and rescinding Resolutions 2023-247 and 2023-248 in their entirety, and instruct the City Clerk to publish notice. Page 3 of 530 7. Resolution setting date of public hearing as July 17, 2023, to review the proposed funding recommendations for the FY2024 Annual Action Plan for CDBG and HOME program funds for the Waterloo/Cedar Falls Consortium set forth by the Community Development Board, and direct the City Clerk to publish notice. 8. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 27, 2023, and date of public hearing as August 7, 2023, in conjunction with the FY 2024 W. Airline Hwy. Railroad Crossing Repairs, Contract No. 1090, and direct the City Clerk to publish notice. 9. Resolution approving an amendment to the conflict waiver with Ahlers and Cooney, P.C., for a cooperation agreement for the Waterloo Telecommunications Utility Board and the City of Waterloo for the FTTP and City backbone project, and authorizing the Board Chair and Board Secretary to execute said document. 10. Motion approving Final Quantity Summary with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $10,507.57, in conjunction with the FY 2022 Sergeant Road Trail Bridges No. 2 and No. 3 Replacement, Contract No. 1070, and authorizing the Mayor and City Clerk to execute said document. 11. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $338,171.77, in conjunction with the FY Sergeant Road Trail Bridges No. 2 and No. 3 Replacement, Contract No. 1070, and receive and file a two-year maintenance bond. 12. Resolution accepting a Federal Aviation Administration Grant No: 3-19-0094-0056 in the amount of $1,936,017.00, for the Phase 2 Pavement Reconstruction of Taxiway Alpha West at the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said documents. 13. Resolution approving award of the 2023 Equipment and Services RFP to ePlus Technology, Inc., of Herndon, Virginia, and authorizing the Mayor and City Clerk to execute necessary documents. 14. Resolution approving the request to seek proposals for a comprehensive downtown parking study. 15. Motion to accept and place on file the arbitrage results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2018A. 16. Motion to approve, receive and keep on file, amendments made to the Constitution and By -Laws of the Memorial Hall Commission. 17. Motion to receive and file Leisure Services Commission Board minutes of May 9, 2023. 18. Motion to receive and file Leisure Services Commission Board minutes of May 26, 2023. 19. Motion to receive and file Leisure Services Commission Board minutes of May 23, 2023. 20. Sherman Wise Board/Commission: Experience Waterloo, Expiration Date: July 3, 2026 (Renewal) Page 4 of 530 21. Tom Powers Board/Commission: Experience Waterloo, Expiration Date: July 3, 2026 (Renewal) 22. Motion approving appointment of Bridgett Wood to the position of Finance Director in the Finance Department, effective July 4, 2023. 23. Motion approving appointment of Pamela Patrou to the position of Part -Time Receptionist in the Housing Authority Department, effective July 6, 2023. 24. Motion approving appointment of Shannon Steimel from the current Civil Service List to the position of Clerk II in the Code Enforcement Department, effective July 4, 2023. 25. Communication from the Fire Department on the notice of the conclusion of employment of Ben Lowe, Paramedic, effective 6/9/2023 with recommendation of approval of payout of $5,766.28 for unused benefits. 26. Liquor Licenses a. Broadway Liquor, 821 Broadway St., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/10/2024. b. Casey's General Store #2867, 2424 Ranchero Rd., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/14/2024. c. Highway 63 Diner, 3030 Marnie Rd., Class C Alcohol w/Sunday Sales, Renewal - Exp: 6/29/2024. d. Kwik Star #715, 1636 W. 4th St., Class B Alcohol w/Sunday Sales, New - Exp: 7/29/2024. e. Light House Lounge, 1307 W. 5th St., Class C Alcohol w/Sunday Sales, Renewal - Exp: 6/28/2024. f. Metro Mart #1, 3201 W. 4th St., Class B Alcohol w/Sunday Sales, New - Exp: 6/30/2024. g. Placita, 321 W. 4th St., Class B Alcohol w/Sunday Sales, New - Exp: 6/13/2024. h. West 5th Mart, 919 W. 5th St., Class E Alcohol w/Sunday Sales, New - Exp: 6/18/2024. 27. Bonds. PUBLIC HEARINGS 1. Request by NADROJ Reality, LLC, for a Site Plan Amendment to allow for construction of multiple contractor suites totaling 57,600 square feet plus a 40 foot x 60 foot 2,400 square foot covered loading dock in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public 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 amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment request by NADROJ Reality, LLC for a Site Plan Amendment to allow for the Page 5 of 530 construction of multiple contractor suites totaling 57,600 square feet plus a 40 foot by 60 foot, 2,400 square foot covered loading dock, in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 2. FY23 Sidewalk Infill, Ramp and Trail - Zone 3, Cont. No. 1079. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read the bids. Resolution approving award of bid to Brock Even Construction, LLC of Jesup, Iowa, in the amount of $198,315.05, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2024 Sidewalk Infill, Sidewalk Ramp and Trail Repair Program - Zone 3, Contract No. 1079, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Jamie Knutson, City Engineer RESOLUTIONS 1. Resolution approving the amendment to the current Consolidated Public Safety Communications 28E Agreement and authorizing the Mayor to execute said document. Submitted by: Bridgett Wood, Finance Manager 2. Resolution approving a Development Agreement and Minimum Assessment Agreement with Drew Reg Investments, LLC, for the construction of a new commercial building with a tax rebate schedule of 60 percent for years one thru five with a minimum assessment agreement of $595,460.00, for property located at 2920 Janet Drive, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 3. Resolution approving FY 2024 and FY 2025 Professional Services Agreement with Grow Cedar Valley, in the amount of $30,625.00, with $80,750.00 in potential incentive funds annually, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving a Professional Service Agreement with Invision of Waterloo, Iowa, in the amount of $13,000.00 in conjunction with the First Floor Police Department Public Access/Mayor Office Remodel, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving a Professional Services Agreement with Vandewalle and Associates, in the amount of $72,000.00, for continued work on downtown Waterloo Page 6 of 530 planning efforts, redevelopment design, riverfront development, and funding opportunities for FY 2024, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving a Temporary Construction Easement Agreement with Black Hawk Street Investments, LLC, in conjunction with the 11th Street Bridge Reconstruction Project, located at 1314 Black Hawk Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 7. Resolution approving an agreement with Pro -West & Associates, in an amount not to exceed $1,597.27, to provide updates to the existing Sidewalk Inspector Solution, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 8. Resolution approving an Amendment to the Development Agreement with 5 Bees, LLC, originally executed July 13, 2020, adjusting the square footage of the buildings constructed, timeline of completion and consenting to the sale of property outlined in phase II, for properties located in the 1800 block of Black Hawk Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 9. Resolution approving a Development Agreement and Minimum Assessment Agreement with JSLK Holdings, LLC, for the construction of a new 6,903 square foot professional office building with a tax rebate schedule of 95 percent for years one thru four and 90 percent for years five through eleven, with a minimum assessment agreement of $1,314,770.00, for property located east of 4020 Bankers Boulevard within the San Marnan Urban Renewal and Redevelopment Plan area, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 7 of 530 June 20, 2023 The City Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Tuesday, June 20, 2023. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Nichols, Creighton -Smith, Chiles, Grieder, Wilder and Feuss. Prayer or Moment of Silence. Pledge of Allegiance, Rob Nichols At -Large Council Member. Approval of Agenda as proposed or amended. Feuss/Chiles that the agenda, as amended, with the removal of resolution item number 6 and resolution item number 8, be approved. Voice vote: Ayes: Seven. Motion carried. Approval of Minutes of the June 5, 2023, Council Regular Session and June 8, 2023 Special Session, as proposed. Feuss/Chiles that the minutes of June 5, 2023, Regular Session and June 8, 2023 Special Session, as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS David Dryer, 3145 W. 4th Street, requested an opportunity to speak at work session. Larry Stumme, 1008 Lois Ln, Waterloo, commented on blighted property in the community. Michael Blackwell, 5125 Millenium Drive, Cedar Falls, provided comments regarding the demolition of the former St. Mary's School site and the former Chamberlain factory site. Aaron Stacey Roberts, 411 Almond Street, commented that there have been many bad things that happened to his children and is upset that nobody has reached out to him. He further commented that there are many bad things that have happened to African Americans in this community. Mr. Grieder provided an update on the Waterloo Safe Neighborhoods commission. Mr. Chiles congratulated Mr. Nichols on his pharmacy award. He further commented on how wonderful My Waterloo Days was. Ms. Creighton -Smith requested a work session on dilapidated housing. Page 1 of 11 Page 8 of 530 Mr. Boesen requested communication from Mayor's Office on who receives a noise variance. Mr. Feuss thanked the Police Department for the safety and security they provide to our community. Feuss/Grieder to close public comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Feuss/Chiles that the following items on the consent agenda be received and placed on file including the payment of bills for June 12, 2023 in the amount of $2,857,796.69, and June 20, 2023 in the amount of $3,139,849.85. Roll Call vote -Ayes: Seven. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2023-377. Resolution authorizing the fund transfers listed on Exhibit "A" to comply with state law. Resolution adopted and upon approval by Mayor assigned No. 2023-378. Resolution approving the request of Jamie Schultz, for a waiver for a concrete driveway, located at 508 Belle Street, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2023-379. Resolution setting date of public hearing as July 3, 2023, to approve a Site Plan Amendment request by NADROJ Reality, LLC, to allow for the construction of multiple contractor suites totaling 57,600 square feet plus a 40-foot by 60-foot 2,400 square foot covered loading dock in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-380. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as July 6, 2023, and date of public hearing as July 17, 2023, in conjunction with the FY 2023 Wastewater Treatement Plant Final Clarifier No. 3 Rehabilitation Project, Contract No. 1067, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2023-381. Resolution approving an exception to the City of Waterloo's Purchasing Policy for the purchase of a VAC ALL for the Waste Management Department, in the amount of $518,836.43. Page 2 of 11 Page 9 of 530 Resolution adopted and upon approval by Mayor assigned No. 2023-382. Resolution approving an exception to the City of Waterloo's Purchasing Policy for the purchase of Fuel Tank Software for the Public Works Department, in the amount of $ 27,782.65. Resolution adopted and upon approval by Mayor assigned No. 2023-383. Resolution authorizing an exception to the City of Waterloo's Purchasing Policy for the purchase of a TV Van for the Waste Management Department, in the amount of $224,196.00. Resolution adopted and upon approval by Mayor assigned No. 2023-384. Resolution authorizing an exception to the City of Waterloo's Purchasing Policy, to approve the purchase of one (1) 2023 Type I Superliner 171 inch Body Ford 550 Ambulance from Life Line Emergency Vehicles of Sumner, Iowa, in the amount of $275,829.00. Resolution adopted and upon approval by Mayor assigned No. 2023-385. Motion approving Change Order No. 11 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $42,685.28, in conjunction with FY 2020 University Avenue Reconstruction - Phase 3, Contract No. 971, and authorizing the Mayor and City Clerk to execute said document. Resolution submitting a Nutrient Reduction study to the Iowa Department of Natural Resources, as required by the NPDES Permit. Resolution adopted and upon approval by Mayor assigned No. 2023-386. Resolution approving a two (2) year renewal of services with Lumen Technologies Group (Century Link) to provide network access for delivery of phone services, and authorizing the Technology Services Director to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-387. Resolution approving the cancellation of assessments for parcel 891324476010 in the approximate amount of $13,500.00, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Page 3 of 11 Page 10 of 530 Resolution adopted and upon approval by Mayor assigned No. 2023-388. Resolution accepting Federal Aviation Administration Grant No. 3-19-0094-0053, in the amount of $1,477,510.00, in conjunction with the Waterloo Regional Airport 2023 Pavement Rehabilitation of Taxiway Alpha East, Taxiway Echo and Runway 12-30 and Phase 1 funds for the 2024 Pavement Reconstruction of Taxiway Alpha West, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2023-389. Complete Streets Advisory Committee minutes of April 25, 2023. Board of Adjustment Regular Meeting minutes of April 25, 2023. Jennifer Bates Board/Commission: Cultural and Arts Commission, Expiration Date: June 20, 2026 (Renewal) Allen Green Board/Commission: Cultural and Arts Commission, Expiration Date: June 20, 2026 (Renewal) Janna Diehl Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (Renewal) Lon Kammeyer Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (Renewal) Richard Newton Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (New) Dusky Steele Board/Commission: Metropolitan Transit Authority, Expiration Date: June 30, 2026 (Renewal) Shannon Bass Board/Commission: Metropolitan Transit Authority Expiration Date: June 30, 2026 (New) Page 4 of 11 Page 11 of 530 Motion approving appointment of Robbie Decker from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective June 21, 2023. Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit "A", and authorizing the City Clerk to approve any Cigarette/Tobacco applications received and paid for, between June 21, 2023, and July 1, 2023. Liquor Licenses a. Black Hawk Tennis Club, 1005 Black Hawk Rd., Class Special Class C Alcohol w/Outdoor Service and Sunday Sales, New- Exp: 5/31/2024. b. Kwik Star #723, 707 Broadway St., Class B Alcohol w/Sunday Sales, New - Exp: 7/21/2024. c. Cork's Grocery, 1956 Lafayette St., Class E Alcohol w/Sunday Sales, New - Exp: 4/29/2024. d. El Mercadito, 520 LaPorte Rd., Class B Alcohol w/Sunday Sales, New - Exp: 5/20/2024. e. Kwik Star #724, 1105 Cedar Bend St., Class B Alcohol w/Sunday Sales, New - Exp: 7/21/2024. f. Kwik Star #722, 1214 Franklin St., Class B Alcohol w/Sunday Sales, New - Exp: 7/21/2024. g. Starbeck's Smokehouse, 250 Westfield Ave, Ste 101, Class C Alcohol w/Outdoor Service, Catering and Sunday Sales, New - Exp: 6/4/2024. h. Target, 1501 E. San Marnan Dr., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/27/2024. Application for Fireworks Display: Sunnyside Golf and Country Club, July 4, 2023, 1600 Olympic Drive, beginning at 9:30 p.m. Bonds. PUBLIC HEARINGS Request by Dhani Re Investments, LLC, to locally designate 722 Water Street as a Historic Landmark. Grieder/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. Page 5 of 11 Page 12 of 530 This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Grieder/Willder to close hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and the Historic Preservation Commission. Voice vote - Ayes: Seven. Motion carried. Grieder/Wilder to receive, file, consider, and pass for the first time an ordinance to locally designate 722 Water Street as a Historic Landmark. Roll Call vote -Ayes: Seven. Motion carried. Grieder/Wilder to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried. Grieder/Wilder to consider and pass for the second and third times and adopt said ordinance. Roll Call vote - Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5704. FY 2023 Fiber -to -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1080. Nichols/Chiles to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned what the to -premise refers to. Chris Youngblut, IT Director, provided an overview of the project. Nichols/Chiles to close the hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Nichols/Chiles Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-390. Nichols/Chiles to receive, file and instruct the City Clerk to read bids, and refer to the Consultant for review. FY 2023 Fiber -to -Premise Feeder/Distribution and Backbone Network Project Contract No.1088 - June 15, 2023 Bid Tab Bidder: Quanta Telcom Solutions, Loganville, GA / 5% Security Page 6 of 11 Page 13 of 530 Division 1 Base Bid Work — FTTP: $25,078,825.63 Division 1 Base Bid Total Price: $25,078,825.63 Division 2 Base Bid Work — Backbone: $17,778,688.69 Division 2 Base Bid Total Price: $17,778,688.69 Base Bid Total (Div. 1 + Div. 2): $42,857,514.32 Base Bid Total (Div. 1 + Div. 2) + Alternate A: $75,741,806.40 Base Bid Total (Div. 1 + Div. 2) + Alternate B: $72,783,523.50 Base Bid Total (Div. 1 + Div. 2) + Alternate C: $81,676,917.39 Base Bid Total (Div. 1 + Div. 2) + Alternate D: $78,718,634.49 Bidder: MP Maple Lake, MN / 5% Security Division 1 Base Bid Work — FTTP: $24,281,864.47 Division 1 Base Bid Total Price: $32,093,975.71 Division 2 Base Bid Work — Backbone: $17,583,127.35 Division 2 Base Bid Total Price: $23,286,241.03 Base Bid Total (Div. 1 + Div. 2): $55,380,216.74 Base Bid Total (Div. 1 + Div. 2) + Alternate A: $96,862,423.38 Base Bid Total (Div. 1 + Div. 2) + Alternate B: $96,862,423.38 Base Bid Total (Div. 1 + Div. 2) + Alternate C: $104,874,457.18 Base Bid Total (Div. 1 + Div. 2) + Alternate D: $104,874,457.18 Bidder: Michels Power Neenah, WI / 5% Security Division 1 Base Bid Work — FTTP: $29,851,646.71 Division 1 Base Bid Total Price: $29,851,646.71 Division 2 Base Bid Work — Backbone: $26,270,161.07 Division 2 Base Bid Total Price: $26,270,161.07 Base Bid Total (Div. 1 + Div. 2): $56,121,807.78 Base Bid Total (Div. 1 + Div. 2) + Alternate A: $100,570,218.87 Base Bid Total (Div. 1 + Div. 2) + Alternate B: N/A Base Bid Total (Div. 1 + Div. 2) + Alternate C: $106,871,767.66 Base Bid Total (Div. 1 + Div. 2) + Alternate D: N/A Bidder: ITG Communications, LLC, Tullahoma, TN / 5% Security Division 1 Base Bid Work — FTTP: $15,100,874.07 Division 1 Base Bid Total Price: $21,244,963.93 Division 2 Base Bid Work — Backbone: $13,281,835.68 Division 2 Base Bid Total Price: $16,448,982.14 Base Bid Total (Div. 1 + Div. 2): 37,693,946.07 Base Bid Total (Div. 1 + Div. 2) + Alternate A: $66,565,919.83 Base Bid Total (Div. 1 + Div. 2) + Alternate B: $66,565,919.83 Base Bid Total (Div. 1 + Div. 2) + Alternate C: $77,864,565.10 Base Bid Total (Div. 1 + Div. 2) + Alternate D: $77,864,565.10 RESOLUTIONS Resolution approving an Office and Miscellaneous Storage Lease Agreement with the United States Department of Transportation dba the Federal Aviation Administration at the Waterloo Regional Airport, with a lease term of on or about August 1, 2023, through July 31, 2028, and Page 7 of 11 Page 14 of 530 authorizing the Mayor to execute said document. Grieder/Feuss Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-391. David Dryer, 3145 W. 4th Street requested an explanation. Keith Kaspari, Airport Director, provided an overview of the item. Resolution approving a Professional Services Agreement with Aviation Security Consulting, Inc., of Castle Pines, Colorado, in the amount of $68,006.00, in conjunction with re -writing the Airport Security Program, and authorizing the Mayor to execute said document. Grieder/Feuss Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-392. Resolution approving a Professional Services Agreement with Main Street Waterloo, in the amount of $60,000.00, for Fiscal Year 2024, and authorizing the Mayor and City Clerk to execute said document. Grieder/Feuss Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-393. Resolution approving a Memorandum of Understanding with INRCOG for the writing, preparation, and submittal to the I DOT's RISE grant program, for the extensions of Fisher and Hurst Drives, in an amount not to exceed $2,000.00, and authorizing the Mayor and City Clerk to execute said document. Feuss/Grieder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-394. Resolution approving a Development Agreement with Freedom Truck and Trailer Wash, LLC and Deer Creek Development for the construction of a 4,600 square foot automated truck and trailer wash, with a minimum assessed value of $2,200,000.00, located at the southeast corner of Greyhound Drive and Cyclone Drive, including Minimum Assessment and Development Agreements with a rebate of 85 percent for years one through two, 80 percent for years three through seven, 75 percent for years eight through ten and 50 percent for years eleven through twelve, and authorizing the Mayor and City Clerk to execute said documents. Feuss/Grieder Roll Call Vote -Ayes: Five. Ayes: Two (Boesen, Creighton -Smith). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-395. Mr. Boesen requested an overview of the item. Noel Anderson, Community Planning and Development Director, provided an overview of the incentives and development agreement. Page 8 of 11 Page 15 of 530 Mr. Boesen questioned if the city has ever given this type of incentive for leased land. Noel Anderson commented that he was not sure off the top of his head. Resolution approving an amendment to the Professional Services Agreement with HR Green originally approved on February 27, 2023, for an additional $8,900.00, for a total contract price of $36,550.00, to complete additional testing at Gates Park, and authorizing the Mayor to execute said document. Feuss/Grieder Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-396. Resolution approving Golf Course Pro Shop Agreement with ML Golf Inc. and authorizing Mayor and City Clerk to execute said agreement. Nichols/Creighton-Smith Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-397. Paul Huting, Leisure Services Director, provided an overview of the item. City council discussed the item with the Leisure Services Director. Resolution approving a Temporary Construction Easement Agreement in the amount of $548.32, with Marta M. Sulentic, related to the Titus Lift Station and Force Main, located at 1658 Burton Avenue, and authorizing Mayor and City Clerk to execute said documents. Nichols/Creighton-Smith Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-398. Resolution approving a Permanent Easement Agreement for $826.78 with Broadway Limited, LC, related to the Titus Lift Station and Force Main, located at 1750 Broadway Street, and authorizing Mayor and City Clerk to execute said document. Nichols/Creighton-Smith Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-399. ORDINANCES City Limits Urban Revitalization Area Plan. Feuss/Chiles Resolution finding that an area is appropriate for revitalization, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare. Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2023-400. Forest Dillavou, 1725 Huntington Road, expressed his concerns over the expanded CLURA. Page 9 of 11 Page 16 of 530 David Dryer, 3145 W. 4th Street, concurs with Mr. Dillavou. He said the city gives away too much money. Mr. Grieder commented that he is excited to cast his vote to approve this item. Mr. Boesen expressed his opposition to include multi -family dwellings into the CLURA tax abatements. Mayor Hart commented on the need for quality housing in every part of our community and this is a critical point in our history and part of our strategic goal. Ms. Creighton -Smith commented that the wealth gap is tremendous and this provides an opportunity in our community to own a home, have some equity and aquire some wealth. Feuss/Grieder to receive, file, consider and pass for the first time an ordinance adopting the City Limits Urban Revitalization Area (CLURA) Plan. Roll Call vote -Ayes: Seven. Motion carried. Feuss/Grieder to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried. Feuss/Wilder to consider and pass for the second and third times and adopt the ordinance. Roll Call vote - Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5705. Ordinance establishing grades for the City of Waterloo FY 2023 Sidewalk Repair Assessment Program — Zone 2, Contract No. 1064. Chiles/Feuss to receive, file, consider, and pass for the first time an ordinance establishing grades for the City of Waterloo FY 2023 Sidewalk Repair Assessment Program — Zone 2, Contract No. 1064. Roll Call Vote -Ayes: Seven. Motion carried. Chiles/Feuss to suspend the rules. Roll Call Vote -Ayes: Seven. Motion carried. Chiles/Feuss to receive, file, consider, and pass for the second and third times and adopt said ordinance. Roll Call Vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5706. ADJOURNMENT Feuss/Nichols that the Council adjourn at 6:30 p.m. Voice Vote -Ayes: Seven. Motion carried. Kelley Felchle Page 10 of 11 Page 17 of 530 City Clerk Page 11 of 11 Page 18 of 530 June 29, 2023 Roll Call. The Council of the City of Waterloo, Iowa, met in Special Session at the City Clerk's Office, City Hall, Waterloo, Iowa, at 10:00 a.m., on Thursday, June 29, 2023. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Nichols, Grieder and Feuss participated via Zoom link. Absent: Creighton -Smith, Chiles and Wilder. Prayer or Moment of Silence Pledge of Allegiance Approval of Agenda Feuss/Nichols that agenda as proposed, be approved. Voice vote -Ayes: Four. Motion Carried. RESOLUTIONS Resolution approving award of bid to ITG Communications, LLC of Hendersonville, TN in the amount of $77,864,565.10, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2023 Fiber -to -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1080, and authorizing the Mayor and City Clerk to execute said documents. Feuss/Grieder Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-401. Courtney Violette, Magellan Advisors, provided an overview of the bidding process for the project. Mr. Boesen questioned if the consultant has worked with this project in the past. Courtney Violette confirmed. Resolution approving liability insurance with Chubb, Travelers, Arch, Allied, and Coalition for property, tort, employment practices, public officials, law enforcement liability, auto, cyber, umbrella, and excess liability insurance coverage, with a total premium of $2,086,079.00 and authorize the City Clerk to execute necessary documents. Feuss/Grieder Page 1 of 2 Page 19 of 530 Roll Call vote -Ayes: Four. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-402. ADJOURNMENT Feuss/Nichols that the Council adjourn at 10:14 a.m. Voice vote -Ayes: Four. Motion carried. Kelley Felchle City Clerk Page 2 of 2 Page 20 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as July 17, 2023, on the authorization of a loan and disbursement agreement and the issuance of not to exceed $4,045,000.00 Sewer Revenue Capital Loan Notes, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (164) - Fix Date Proceedings 2023 Sewer Revenue SRF (02221506x7F7E1) Page 21 of 530 2. Waterloo (164) - Notice of Hearing 2023 Sewer Revenue SRF (02221752x7F7E1) Page 22 of 530 ITEMS TO INCLUDE ON AGENDA FOR JULY 3, 2023 CITY OF WATERLOO, IOWA Not to Exceed $4,045,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) • Resolution fixing date for a meeting on the proposition to authorize a Loan and Disbursement Agreement and the issuance of Notes to evidence the obligations of the City thereunder. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 23 of 530 July 3, 2023 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: 1 Page 24 of 530 Council Member introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,045,000 SEWER REVENUE CAPITAL LOAN NOTES OF THE CITY OF WATERLOO, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the Resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,045,000 SEWER REVENUE CAPITAL LOAN NOTES OF THE CITY OF WATERLOO, STATE OF IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waterloo, State of Iowa, should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed $4,045,000, as authorized by Sections 384.24A and 384.83, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out project(s) as hereinafter described; and WHEREAS, the City has applied for a loan through the Iowa Water Pollution Control Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a single Note in a denomination equal to the total amount of the issue as authorized by Chapter 384 of the Code of Iowa; and WHEREAS, the Loan and Disbursement Agreement and Notes shall be payable solely and only out of the Net Revenues of the Municipal Sewer System and shall be a first lien on the future Net Revenues of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be sufficient for the payment of the Loan and Disbursement Agreement and Notes; and 2 Page 25 of 530 WHEREAS, before the Loan and Disbursement Agreement and Notes may be authorized and Sewer Revenue Capital Loan Notes issued to evidence the obligations of the City thereunder, it is necessary to comply with the provisions of the Code of Iowa, and to publish a notice of the proposal to issue such notes and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this City Council meet in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at .M., on the 17th day of July, 2023, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $4,045,000 Sewer Revenue Capital Loan Notes, to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with Phase II of the Sanitary Sewer Gatewell Repairs project. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Notes. Section 3. The notice of the proposed action to issue notes shall be in substantially the following form: 3 Page 26 of 530 (To be published between: July 4, 2023 and July 12, 2023) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,045,000 SEWER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 17th day of July, 2023, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the City Council proposes to take additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority and the issuance to the Iowa Finance Authority of not to exceed $4,045,000 Sewer Revenue Capital Loan Notes, to evidence the obligations of the City under said Loan and Disbursement Agreement, in order to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with Phase II of the Sanitary Sewer Gatewell Repairs project. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the Net Revenues of the Municipal Sewer System. At the above meeting the City Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the City Council will at this meeting or at any adjournment thereof, take additional action for the authorization of said Loan and Disbursement Agreement and the issuance of the Notes to evidence the obligation of the City thereunder or will abandon the proposal to issue said Notes. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Sections 384.24A and 384.83 of the Code of Iowa. Dated this day of , 2023. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (End of Notice) 4 Page 27 of 530 PASSED AND APPROVED this 3rd day of July, 2023. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor 5 Page 28 of 530 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2023. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (SEAL) Page 29 of 530 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) ) SS ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Not To Exceed $4,045,000 Sewer Revenue Capital Loan Notes) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Waterloo Courier", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: , 2023. WITNESS my official signature at Waterloo, Iowa, on this day of , 2023. (SEAL) 02221506-1\11310-164 Kelley Felchle, City Clerk, City of Waterloo, State of Iowa Page 30 of 530 (To be published between: July 4, 2023 and July 12, 2023) NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,045,000 SEWER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, State of Iowa, will hold a public hearing on the 17th day of July, 2023, at .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the City Council proposes to take additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority and the issuance to the Iowa Finance Authority of not to exceed $4,045,000 Sewer Revenue Capital Loan Notes, to evidence the obligations of the City under said Loan and Disbursement Agreement, in order to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with Phase II of the Sanitary Sewer Gatewell Repairs project. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the Net Revenues of the Municipal Sewer System. At the above meeting the City Council shall receive oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the City Council will at this meeting or at any adjournment thereof, take additional action for the authorization of said Loan and Disbursement Agreement and the issuance of the Notes to evidence the obligation of the City thereunder or will abandon the proposal to issue said Notes. This notice is given by order of the City Council of the City of Waterloo, State of Iowa, as provided by Sections 384.24A and 384.83 of the Code of Iowa. Dated this day of , 2023. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (End of Notice) Page 31 of 530 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as July 17, 2023, to approve the request by Hurst and Sons Contractors, LLC, to rezone 0.46 acres from "M-1" Light Industrial District and "R-2" One and Two Family Residence District to "M-1" Light Industrial District at 622 Ansborough Avenue, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone the property in question in order to better utilize the proposed rezone area for "M-1" Light Industrial District uses. The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of vacant land with abutting commercial and industrial uses, and Ansborough Avenue. The applicant is in the process of selling the property and they wanted all the land to be zoned "M-1" Light Industrial District. The property has split zoning, and the "R-2" portion has historically been part of the business. The area of the proposed site is currently zoned "R-2" One and Two Family Residence District and M- 1 Light Industrial District and has been zoned as such since the adoption of the zoning ordinance in 1969. North and South— Commercial and light industrial uses, zoned "M-1" Light Industrial District. East — Ansborough Avenue with commercial and residential uses, zoned "C-2" Commercial District and "R-2" One and Two Family Residence District. West — Galloway Park, zoned "R-2" One and Two Family Residence District. The Future Land Use Map designates this property as Mixed Commercial; Medium High Density Residential; Professional Offices; Neighborhood Commercial. The rezone request would not be in conformance with the Future Land Use Map and Comprehensive Plan for this area. The rezone request would not be in conformance with such designation, however, the Future Land Use Map is only used as a guide in making land use decisions. The site has always had split zoning, but has been historically been used for the business. Therefore approving this rezone request would be in character with the area. Therefore, staff recommends that the request by Hurst and Sons Contractors, LLC to rezone 0.46 Page 32 of 530 acres from "R-2" One and Two Family Residence District and "M-1" Light Industrial District to "M-1" Light Industrial District at 622 Ansborough Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. NEIGHBORHOOD IMPACT The request to rezone the land from "R-2" to One and Two Family Residence District and "M-1" Light Industrial District to "M-1" Light Industrial District is not anticipated to have a negative impact upon nearby properties or adjacent land uses.The Trolley Trail is located 775 feet north of the proposed rezone area. There is existing sidewalk along Ansborough Avenue. Rezoning of the land would not appear to have a negative impact upon drainage. 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 0169F, dated July 18, 2011. Galloway Park is located to the west of the proposed rezone area. There are no schools in the immediate vicinity of the rezone area.There is 10" sanitary sewer main, 4" drain tile, and 27" storm sewer main underneath Ansborough Avenue. No utilities will be impacted by this request. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION All that part of the South 100 feet of the North 30 acres of the Northeast Quarter of the Southeast Quarter of Section No. 21, Township No. 89 North, Range No. 13 in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the North line of the South 100 feet of the North 30 acres of the Northeast Quarter of the Southeast Quarter of said Section, with the east line of Aladdin Street (if extended); thence East along the North line of said 100 foot tract 254.7 feet to the West line of the Waterloo, Cedar Falls & Northern Railway right of way; thence South along the West line of said right of way a distance of 100 feet to the South line of said 100 foot tract; thence west along the South line of said 100 foot tract a distance of 254.7 feet to a point where said south line intersects the East line of Aladdin Street (if extended); thence North 100 feet to the place of beginning, except the East 54.7 feet thereof. Page 33 of 530 ATTACHMENTS 1. City Council Packet Page 34 of 530 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: July 17, 2023 Request by Hurst and Sons Contractors, LLC to rezone 0.46 acres from "M-1" Light Industrial District and "R-2" One and Two Family Residence District to "M-1" Light Industrial District at 622 Ansborough Avenue. Hurst and Sons Constrictors, 2425 W 4th Street, Waterloo, IA, 50701. The applicant is requesting to rezone the property in question in order to better utilize the proposed rezone area for "M-1" Light Industrial District uses. The request would not appear to have a negative impact on the surrounding neighborhood which mostly consists of vacant land with abutting commercial and industrial uses, and Ansborough Avenue. The applicant is in the process of selling the property and they wanted all the land to be zoned "M-1" Light Industrial District. The property has split zoning, and the "R-2" portion has historically been part of the business. The request to rezone the land from "R-2" to One and Two Family Residence District to "M-1" Industrial District is not anticipated to have a negative impact upon nearby properties or adjacent land uses. The Trolley Trail is located 775 feet north of the proposed rezone area. There is existing sidewalk along Ansborough Avenue. The area of the proposed site is currently zoned "R-2" One and Two Family Residence District and M-1 Light Industrial District and has been zoned as such since the adoption of the zoning ordinance in 1969. North and South— Commercial and light industrial uses, zoned "M- 1" Light Industrial District. East — Ansborough Avenue with commercial and residential uses, zoned "C-2" Commercial District and "R-2" One and Two Family Residence District. West — Galloway Park, zoned "R-2" One and Two Family Residence District. Commercial and Industrial structures within the immediate rezone area were constructed between the 1940s-1990s. No buffers will be required until something is constructed on the site. Rezoning of the land would not appear to have a negative impact upon drainage. 622 Ansborough Avenue Rezone"M-1" and "R-2" to "M-1" Page 1 of 4 Page 35 of 530 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: July 17, 2023 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 0169F, dated July 18, 2011. Galloway Park is located to the west of the proposed rezone area. There are no schools in the immediate vicinity of the rezone area. There is 10" sanitary sewer main, 4" drain tile, and 27" storm sewer main underneath Ansborough Avenue. No utilities will be impacted by this request. The Future Land Use Map designates this property as Mixed Commercial; Medium High Density Residential; Professional Offices; Neighborhood Commercial. The rezone request would not be in conformance with the Future Land Use Map and Comprehensive Plan for this area. The rezone request would not be in conformance with such designation, however, the Future Land Use Map is only used as a guide in making land use decisions. 622 Ansborough Avenue Rezone"M-1" and "R-2" to "M-1" Page 2of 4 Page 36 of 530 July 17, 2023 Picture 1: Looking northeast at lot requesting rezoning. Picture 2: Looking northwest to lot requesting rezoning and Galloway Park. 622 Ansborough Avenue Rezone"M-1" and "R-2" to "M-1" Page of 4 Page 37 of 530 July 17, 2023 Picture 3: Another view looking northwest at lot. STAFF ANALYSIS SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: The site has always had split zoning, but has been historically been used for the business. Therefore approving this rezone request would be in character with the area. The applicant has no plans to subdivide the property. Therefore, staff recommends that the request by Hurst and Sons Contractors, LLC to rezone 0.46 acres from "R-2" One and Two Family Residence District and "M-1" Light Industrial District to "M-1" Light Industrial District at 622 Ansborough Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 622 Ansborough Avenue Rezone"M-1" and "R-2" to "M-1" Page 4of 4 Page 38 of 530 City of Waterloo City Council July 17, 2023 J 8 C12;CZ R-4,R-P p O m z MIRADAD R TRACEYI DR ao w R-3 z� 0 A-1 M-1 --BAUCH ST- 0) W STRATFORD AVE X z — BI SMARK'AVE - >- 0 U i n 0 cc -7ZoA R ,C�Z- DOWNING AVE GARDEN AVE R-2 R-2;C-2C-Z I I-�� C;2,C-Z A-1 r BISMARK•AVE R-1, R-P > Lu Q Q 0 0 • �L000 C _1 w JANNEYAVE J CRIEI L- TT- R-2 -1— CO�GERr M-2 1- 0) 0-BECK-AV& C1 R-3[LUNAR LN 0,1"' n I ��gTti C-2; C=Z c_2] C-2,C-Z C_2 A-1 R West of 622 Ansborough Avenue Rezone from "M-1 and R-2" to "M-1" Hurst and Sons Contractors 5 Pane 4fl of 52S1 City of Waterloo City Council July 17, 2023 West of 622 Ansborough Avenue Rezone from "M-1 and R-2" to "M-1" Hurst & Sons Contractors 6 PQnr-an ofc,Z N � �E oc WA7- No S TRATFORD AVE R-2 M 1 M1 ANSBOROUGHAVF C-2 ui a 7 Page 41 of 530 All that part of the South 100 feet of the North 30 acres of the Northeast Quarter of the Southeast Quarter of Section No. 21, Township No. 89 North, Range No. 13 in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the North line of the South 100 feet of the North 30 acres of the Northeast Quarter of the Southeast Quarter of said Section, with the east line of Aladdin Street (if extended); thence East along the North line of said 100 foot tract 254.7 feet to the West line of the Waterloo, Cedar Falls & Northern Railway right of way; thence South along the West line of said right of way a distance of 100 feet to the South line of said 100 foot tract; thence west along the South line of said 100 foot tract a distance of 254.7 feet to a point where said south line intersects the East line of Aladdin Street (if extended); thence North 100 feet to the place of beginning, except the East 54.7 feet thereof. 8 Page 42 of 530 APPLICATION FOR REZONINGAto �� 5.23.a3 CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's }�aa t 4 Business Name plicab e (plea e print) rs Address: 0,1105 jl Phone: lief .5t55. x: City: f�[ ,e% State:,.)¢ Zip: Sale Email: p,4eA �Ga q / eooc.— b. Status f applicant: (a) Owner X (6) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: `r Fax: City: _ State: Zip: Email: 2. PROPERTY INFORMATION: a. General locatiyyk�of property to be rezoned: Q,/ -h PA? 71/410 b. Legal description of property toe rezoned: P% 0 A7/3og/jig. Q p Pro 8913 963 c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): e. Current zoning: Pa t R -01,.. 42 itt,-' Requested zoning: %il - / f. Reason(s) for rezoning and pro osed uses) of property: Cem e betfrtee-- g. Conditions (if any) agreed to: .� h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the satne 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. W& I3 � � �3 Si' ature of • . 'want Date Sigi ire of Owner Date 9 Page 43 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as July 17, 2023, to approve a Site Plan Amendment request by E. Castro Roofing and Siding, LLC, for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C- Z" Conditional Zoning District located at 42 Franklin Street, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted herewith is a resolution setting date of public hearing as July 17, 2023, to approve a Site Plan Amendment request by E. Castro Roofing and Siding, LLC for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C-Z" Conditional Zoning District located at 42 Franklin Street The property in question is currently zoned for an appliance retail center and does not currently allow a contractor business or outside storage. The applicant is requesting a site plan amendment to allow for the contractor business and to change the existing conditions to allow for outdoor storage on the site. The applicant is applying for a special permit in relation to this request to allow for the equipment yard in the "R-4,C-Z" Conditional Zoning District, which is only permitted in a commercial zone when approved by a Special Permit. Staff is recommending landscaping is planted within the 5' setback in the front of the property. Street trees are recommended in the right-of-way of the site as well. Staff would recommend the fence between the building and the property line on the southeast side be removed. The sign in the front of the property will need to be used for the company or removed from the site. The Planning and Zoning Commission reviewed the request at their June 13, 2023 meeting and voted to recommend approval of the request unanimously. NEIGHBORHOOD IMPACT The request to allow a contractor use would not appear to have a negative impact upon the surrounding area as Franklin Street is a commercial corridor, as long as the outside storage is properly screened. Page 44 of 530 DATA, ANALYSIS, AND STRATEGIES Zoning, Land Use and Economic Development. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION The Southeasterly 56 2/3 feet of Lots 2 and 3; and The Southeasterly 56 2/3 feet of the Northeasterly 30 feet of Lot 6, all in Block 5 in James Virden's Addition to the town of Waterloo in the County of Black Hawk, State of Iowa. ATTACHMENTS 1. Council Packet Page 45 of 530 June 13, 2023 REQUEST: Request by E. Castro Roofing and Siding, LLC for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C-Z" Conditional Zoning District located at 42 Franklin Street. APPLICANT(S): E. Castro Roofing and Siding, LLC, 755 Dawson Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting a Site Plan Amendment and DESCRIPTION: change in conditions to allow a contractor use with outdoor storage at a site conditionally zoned for a retail appliance store, with no outside storage allowed. SURROUNDING The request to allow a contractor use would not appear to LAND USES AND have a negative impact upon the surrounding area as Franklin IMPACT ON Street is a commercial corridor, as long as the outside storage NEIGHBORHOOD: is properly screened. VEHICULAR & The proposed Site Plan Amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. The site is served by Franklin Street CONDITIONS: which is classified as a Minor Arterial street. RELATIONSHIP TO The Cedar Valley Lakes Trail is located approximately 800 feet RECREATIONAL to the west of the property in question. There are sidewalks TRAIL PLAN AND along Franklin Street. COMPLETE STREETS POLICY: ZONING HISTORY The area in question has been zoned "R-4,C-Z" Conditional FOR SITE AND Zoning District since it was rezoned from "R-3" Multiple IMMEDIATE VICINITY: Residence District on April 7, 2004. Surrounding land uses and their zoning designations are as follows: North — Residences and The Salvation Army Men's Shelter, zoned "R-3" Multiple Residence District. South and East — Residences, zoned "R-3" Multiple Residence District. West — Residences, zoned "R-3" Mulitple Residence District and Rose of Waterloo Assisted Living, zoned "R-4,R-P" Planned Residence District BUFFERS/ Screening is required around the entire property. The sides and SCREENING/ rear of the property shall have a 6' solid privacy fence. There LANDSCAPING should be a non -solid fence within the 5' front yard setback, to REQUIRED: allow visibility for drivers in the alley and driveway. The chain - link fence along the front property line shall remain, but the applicant shall place shrubs in the 5' setback between the chain link fence and paved area for additional screening from Franklin Street. SPA-42 Franklin St Page 1 of 7 51 Page 46 of 530 June 13, 2023 DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: The submitted site plan shows storm water detention, but within a paved area that is less than the required five foot setback from the property line along Franklin Street, so it may need to be modified. The surrounding area is composed of residences built between 1870 and 2009 and one commercial building built in 2004. The property in question is located within Zone X, Protected by Levee, which is not a special flood area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0166F, dated July 18, 2011. East High School is located approximately 0.62 miles to the southeast. Cedar Park is approximately 0.20 miles to the southwest. The property is served by all utilities. The Future Land Use Map designates this area as Mixed Residential: Low, Medium, High Density Residential; Professional Offices; Neighborhood Commercial. The proposed site plan amendment would not be in conformance with the Comprehensive Plan and Future Land Use Map for this area, however the Comprehensive Plan is to be used as a guide for land use. The property in question is currently zoned for an appliance retail center and does not currently allow a contractor business or outside storage. The applicant is requesting a site plan amendment to allow for the contractor business and to change the existing conditions to allow for outdoor storage on the site. The applicant is applying for a special permit in relation to this request to allow for the equipment yard in the "R-4,C-Z" Conditional Zoning District, which is only permitted in a commercial zone when approved by a Special Permit. The applicant is requesting to pave most of the site and has placed gravel in the areas that are being requested to be paved. No part of any vehicular use area or parking space shall be closer than 5 feet to any established lot line. This shall allow for a reasonably designed entryway for the access from the property line, but shall not allow for a lengthy access drive closer than the required setback. The site shall have a 5' required setback between the property lines and the pavement areas along Franklin Street. Staff is supportive of a variance request to have less than the 5' setbacks along the sides. SPA- 42 Franklin St Page 2 of 7 52 Page 47 of 530 June 13, 2023 STAFF ANALYSIS — SUBDIVISION ORDINANCE: Staff is recommending landscaping is planted within the 5' setback in the front of the property. Street trees are recommended in the right-of-way of the site as well. Staff would recommend the fence between the building and the property line on the southeast side be removed. The sign in the front of the property will need to be used for the company or removed from the site. The applicant is not planning to subdivide the property. .,. � V. ,850.18, ' PROPOSED C PC. C. PAVBENT (1,04650. FT.) PEfIEASLE CLAYPANERS SSSQFT. 150.10 -Cd ;8 6� r85011 930.1i� \ i % / > > I ',ill,' I i,850.55' 85P55551 (89P.5J' i.it. .. 85047' :;850.5i; 0' S 0 SCALE:1'=10' '//////////////////////////////////////. •E49.8'41 REMOVE & REPLACE 1145Q. FT. P.C.C.PAVENENT (HATCFEO) 10.E TT� i SECTIONA/ SEE SHEETM.05 -IO LIN. FT. PERFORATED 61, -6'APVC PIPE COT: 647.99 ,85P.Pf: TYPE A•1 CIEWO5iwiCASTING PER SUNS 4040ZQ 72.0 LIN FT. 8'OPVCPIPE 210 • WESTERLY ETENTIOH POND -' OVERFLOW 0 GREATERTHAN 1EVEAREVE T: 84955 1686 tC 220 LIN. FT. TRENCH DRAIN FELLANDENGIVEERING850R4EYING, 10. 1 SITEWVN 1 '42FRAA41951REET ISHEET 0.52 SPA- 42 Franklin St Page 3 of 7 53 Page 48 of 530 June 13, 2023 Picture 1: Looking at main building. Picture 2: Looking at neighboring home across alley from site in question. SPA- 42 Franklin St Page 4 of 7 54 Page 49 of 530 June 13, 2023 Picture 3: Looking along Franklin Street frontage and abandoned sign cabinet that needs to be used or removed. Picture 4: Looking along north side of property from Franklin Street. SPA- 42 Franklin St Page 5 of 7 55 Page 50 of 530 June 13, 2023 Picture 5: Looking from alley toward site in question. PfC o-, 'HD a 0 qp Picture 6: Back of property. SPA- 42 Franklin St Page 6 of 7 56 Page 51 of 530 June 13, 2023 STAFF Therefore, staff recommends that the request by E. Castro RECOMMENDATION: Roofing and Siding, LLC for a Site Plan Amendment and change in conditions to allow for a contractor's business with outside storage that will be screened from view in the "R-4,C- Z" Conditional Zoning District located at 42 Franklin Street, be approved for the following reasons: 1. The request would appear not appear to have a negative impact on traffic conditions in the area, as it is an existing business with no complaints. 2. The request would not appear to have a negative impact upon the surrounding area, as much of Franklin Street is commercial uses. And with the following conditions(s): 1. That a 6' solid privacy fence is installed along the southwest, northwest, and southeast property line and the 5' chain -link fence along the northeast property line remains. 2. That landscaping, such as shrubs is planted in the 5' setback between the front property line and the pavement and street trees are planted in the right-of- way. 3. That any outside storage of equipment or materials shall be stacked no higher than fence. 4. The sign in the front of the property shall be removed or used for the company. 5. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. SPA- 42 Franklin St Page 7 of 7 57 Page 52 of 530 City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 IVI-1 ES ST ,Z-BREES ST h21, R-1 7-1 7 C-Z NEWTON ST r 0 DAWSON ST— RIEHL STco M!2 0 0 M-2 KERN ST 1� 12 0 1- 0 U W. PARKER ST 1- 0) CONGER ST C-2' Cr �-pgR�RD A-1 M-2 R-2 R/VEh,RO I C-2—L-C-1;C=ZM=2 R-2;C-Z R-2, CrZ W 0 Rf3,C_Z_ C-2,C-Z CENTER ST— jM-1 —EDWARDS ST w MMERCIAL-ST M-2,P WE�r TicjELD AVE '41-41111141.iWASHINGTONST IVI=1 63 lERWOOD CT I \i 218 C=2 M2 r L ILAND VE s I -7\ RANDALL-STI QJ�\ OG� W.-WELLINGTON ST —J�\\5 5� ♦ L', °'LS,� 1R-3;C=Z •: 9 / 41i R-3 °°/`'� .c� �G,$)� C1 ROADWAYS FR=3 C-1� R-3 C 2 M-1 �.' R-4; R C-1;C'Z R-4 °>, LESTER ST- 1 I R-2, —CHI RLEI STJ°61Z OLIVER STSTOKESDR GABLE ST NEWELL'ST R=4 � W - - \ DANE ST _¢ LLj It'7 z— - i —i � YLN m—O— -ARGYLE ST� IMP -4. /., 1 ♦, as C-2 4/N R; C-P C-2 • s� <T,• o•T f <j>, C 4�� I I ALMOND i ST 11 PINE ST RICKER ST— R:2; C=Z— QUINCY ST 1- z-WEBSTER ST co II —ADAMS ST R-2; C-Z w — COTTAGE _ R-2; C-Z SUMNER ST ONEIDA ST 1= 1- l w D IVI-2l a � — Rai Z R-3�R-P A-1 R-4, P LIME ST R M-1 J U CO z VINE ST co C!Z — C=2, R 3_ 171 DOUGLAS ST o -R �1 H l MI° I I s� s� C-P R-3I— INDEPENDENCE AVE GOURTL IND ST FOWLER ST R-3, C_ Z C-2 R'3R-3 ♦ C- C-Z M-2 M-1 GLENWOOD ST C21 C-.1 R-2,C-Z R-2 M-2 ��o - y\ M-2 -1 42 Franklin Site Plan Amendment E. Castro 58 o co C C•-3 City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 Property Requesting Site Plan Amendment 42 Franklin Street Site Plan Amendment E. Castro Roofing & Siding, LLC 59 I)A ..f On INDEX OF SHEETS SHEET NO. DESCRIPTION A.01 A.02 C.01-C.02 C.03 C.03 D.01 D.02-D.03 M.01-M.06 R.01-R.05 TITLE SHEET LEGEND GENERAL NOTES ESTIMATED QUANTITIES ESTIMATE REFERENCE INFORMATION EXISTING CONDITIONS SITE PLAN STORMWATER CALCULATIONS SWPPP PROJECT SITE EWE t®®■®®ME� 6"-111rt M •i - wkom :n.�n�■�r:ir-riri ■ Paw', ��9 ���Brea CIIIL Ei®i®l` IMMa■NINI■■IMI yAji PP.■ii`= iM, tr■®M©■M Mgr 4 ER si. MIN 'TO WATERLOO, BLACK HAWK COUNTY, IOWA NOT TO SCALE ummENNEMIL uni MEND N■IL mumm■■■lNIA !IIIIII,II,II,III1I,II,I111 e ■■■■■■■■■fir ■I■■■•UI■If IOWA ONE CALL 800 / 292-8989 TOLL FREE CALL- BEFORE •YOU - DIG PLANS FOR PROPOSED IMPROVEMENTS "42 FRANKLIN STREET" WATERLOO, BLACK HAWK COUNTY, IOWA MAY 2023 SPECIFICATIONS ALL CONSTRUCTION AND MATERIALS SHALL BE IN ACCORDANCE WITH THE 2023 SUDAS STANDARD SPECIFICATIONS AND CITY OF WATERLOO SUPPLEMENTAL SPECIFICATIONS. DATE OF FIRST SUBMITTAL: 05/15/2023 REVISIONS NO. DATE 1 06/02/2023 PROJECT NO. 23-139 DATED DRAWN: 06/02/2023 DATED REVISED: DRAWN BY: JPH INDEX OF REVISIONS 06/02/2023 SHEET NO. DESCRIPTION A.01 ADDED INDEX OF REVISIONS C.03 ADDED LINEAR TRENCH DRAIN, REVISED BID ITEMS FOR 6" P.C.C. PAVEMENT AND ENGINEERING FABRIC. CORRECTED SPELLING IN ESTIMATE REFERENCE INFORMATION BID ITEM 1. CORRECTED ESTIMATE REFERENCE INFORMATION BID ITEM 6 (NOW BID ITEM 7). D.02-D.03 REVISED PROPOSED 6" P.C.C. PAVEMENT AREAS, ADDED LINEAR TRENCH DRAIN, ADDED 10 LIN. FT. OF PERFORATED 6"0 PVC. M.01 REVISED IMPERVIOUS AND PERVIOUS AREAS M.02-M.03 REVISED RUNOFF CALCULATIONS M.04 ADDED UNCONTROLLED STORMWATER M.05 PREVIOUSLY SHEET M.04 REVISED STORAGE AGGREGATE CAPACITIES AND QUANTITIES AND QUANTITIES OF GEOTECHNICAL FABRIC M.06 PREVIOUSLY SHEET M.05 M.07 PREVIOUSLY SHEET M.06 `ONAL ti o��5 Q. RONALD D.0 j0 ARENDS 11325 'r07,/OWN7111j1IVlllllLLl\4\\�J�1�`~~s, HELLAND ENGINEERING & SURVEYING, LTD. 6109 Chancellor Drive Cedar Falls, Iowa 50613-6916 (319)-266-0161 I hereby certify that this engineering document was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. Ronald D. Arends License Number 11325 My license renewal date is December 31, 2023 HELLAND ENGINEERING & SURVEYING, LTD. I TITLE SHEET PROJECT NO. 23-139 "42 FRANKLIN STREET" I SHEET 0 Page 55 of 530 E E T 0' 10' 20' SCALE: 1" = 20' E E o UTILITY POLE EXISTING 12'x16' BUILDING 1st FLOOR: 851.00 EXISTING 18'x20.8' BUILDING 1st FLOOR: 850.92 EXISTING 20'x32.5' BUILDING 1st FLOOR: 851.19 UTILITY POLE I' -SO , 40' E E E E x r X 8 j E r 0�/ EXISTING 36"0± TREE LOT 3 x BLOCK 5 "JAMES VIRDEN'S ADDITION" WATERLOO EXISTING WOOD EXISTING WOOD PRIVACY FENCE PRIVACY FENCE x6s0 O'90 Aso96 � / � 150.25' G o X 007C' J 72/ 03 000 OT 2 (SHADED) /////////1 1/ / / 68 PP O — 9 679 ALLEY 150.25' (16.5'R.O.W.) DESCRIPTION: EXISTING ROCK ALLEY THE SOUTHEASTERLY 56 2/3 FEET OF LOTS 2 AND 3; THE SOUTHEASTERLY 56 2/3 FEET OF NORTHEASTERLY 30 FEET OF LOT 6; ALL IN BLOCK 5 IN JAMES VIRDEN'S ADDITION TO THE TOW OF WATERLOO IN THE COUNTY OF BLACK HAWK COUNTY, STATE OF IOWA. AND THE NORTHWESTERLY 56 'A FEET OF THE SOUTHEASTERLY 1131/6 FEET OF LOT 2; THE NORTHWESTERLY 56 IA FEET OF THE SOUTHEASTERLY 1131/6 FEET OF LOT 3; THE NORTHWESTERLY 56 'A FEET OF THE SOUTHEASTERLY 1131/6 FEET OF THE NORTHEASTERLY 30 FEET OF LOT 6; ALL IN BLOCK 5 IN JAMES VIRDEN'S ADDITION TO THE TOW OF WATERLOO IN THE COUNTY OF BLACK HAWK COUNTY, STATE OF IOWA. 6 6 S sPO Ja9SS%x OJ0 X ( X - II O EXISTING WOOD PRIVACY FENCE - LIGHT T POLE 6 , 9S BENCH MARK: 852.43 NGVD NE BOLT w/UT "X" TOP FLANGE OF FIRE HYDRANT AT INTERSECTION OF OAK AVENUE, W. ARGYLE STREET AND FRANKLIN STREET 1 . EXISTING CHAIN LINK FENCE FRANKLIN STREET EXISTING A.C.C. PAVEMENT w/P.C.C. CURB & GUTTER EXISTING P.C.C. SLAB FOR POWER GATE MOTOR EXISTING SIGN EXISTING SW-501 STORM SEWER INTAKE 15"0 RCP FLOW LINE OUT: 846.22 EXISTING CHAIN LINK FENCE HELLAND ENGINEERING & SURVEYING, LTD. EXISTING CONDITIONS "42 FRANKLIN STREET" I SHEET 61 Page 56 of 530 L (850.78) 850.66 850.60 (850.56) 850.55 850.55 0' 5' 10' SCALE: 1" = 10' 20' 850.53 /Al �PROPOSED 6" P.C.C. PAVEMENT (1,348 SQ. FT.) •,' 850.41 850.21 850.45 850.47 850.51 849.84 850.64 REMOVE & REPLACE 114 SQ. FT. P.C.C. PAVEMENT (HATCHED) 7-19.53' , 16.86' 850.11 0 SECTION A -A SEE SHEET M.05 —10 LIN. FT. PERFORATED 6"0 6" 0 PVC PIPE OUT: 847.99 4 TYPE A-1 CLEANOUT w/CASTING PER SUDAS 4040.232 72.0 LIN. FT. 6" 0 PVC PIPE @ 0.5% o: D WESTERLY DETENTION POND OVERFLOW FOR GREATER THAN 10 YEAR EVENT: 849.95 o PERMEABLE CLAY PAVERS 36 SQ. FT. (850.10' x x x x 22.0 LIN. FT. TRENCH DRAIN D v � P o HELLAND ENGINEERING & SURVEYING, LTD. SITE PLAN "42 FRANKLIN STREET" SHEET 62 Page 57 of 530 0' 5' 10' SCALE: 1" = 10' LEL AN. ALLEY (16.5' R.O.W.) 20' 850.40 L L .1L L/ y/_ 1 �J — PROPOSED 6" P.C.C. PAVEMENT (1,727 SQ. FT.) 850.51 850.64 850.61 850.58 850.11 v�� PERMEABLE CLAY PAVERS 36 SQ. FT. -10 LIN. FT. PERFORATED 6" O 6" O PVC PIPE IN: 847.63 o EASTERLY DETENTION POND OVERFLOW FOR GREATER THAN 10 YEAR EVENT: 850.10 TYPE A-1 CLEANOUT w/CASTING o PER SUDAS 4040.232 s e p o SECTION B-B SEE SHEET M.05 o SECTION C-C SEE SHEET M 06 .v • O _n 0 6" O PVC PIPE 9 pp IN: 847.37 °o �— PROPOSED 28.86 LIN. FT. 6" O PVC PIPE @ 0.6% a o REMOVE & REPLACE 52 SQ. FT. P.C.C. SIDEWALK (HATCHED) • p • 7 v o v p v. p po • o p p D y • .D 0 v P ' HELLAND ENGINEERING & SURVEYING, LTD. SITE PLAN "42 FRANKLIN STREET" I SHEET 63 Page 58 of 530 0' 10' 20' SCALE: 1" = 20' 40' PROPOSED STORMWATER FLOW (TYPICAL) SWPPP MAILBOX (TO CONTAIN PERTINENT SWPPP INFORMATION) DEBRIS DUMPSTER (SHALL BE COVERED TO PREVENT STORM WATER CONTAMINATION) PORTABLE RESTROOM FACILITY TOPSOIL STOCKPILE (RESPREAD UPON COMPLETION OF ALL IMPROVEMENTS. HAUL EXCESS OFF -SITE) ,7 o WATTLES PER SUDAS 9040.105 (TYPICAL) C> WATTLES PER SUDAS 9040.105 (TYPICAL) CONCRETE WASHOUT SHALL BE LEGIBLY POSTED AND SHALL BE "CONCRETE WASHOUT COLLECTION BAGS: PROVIDE LEAK -PROOF COLLECTION BAGS DESIGNED SPECIFICALLY FOR COLLECTION OF CONCRETE AND CONCRETE WASHWATER." SPILL KIT HELLAND ENGINEERING & SURVEYING, LTD. I SWPPP I "42 FRANKLIN STREET" I SHEET I64 Page 59 of 530 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment 0 Individual Building t Minor change 0 (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): Emilio Castro (E . Castro Roofing $ Siding, LLC) Address: 755 Dawson Phone: (319) 215-3683 Fax: City: Water] oo State: IA Zip: 50703 Email: b. Status of applicant: (a) Owner et (b) Other 0 (SELECT ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: 42 Frankl in Street , Waterloo, Iowa b. Legal description of property or portion to be amended: Southeasterly 113 1/6' of Lot 2, Southeaster]) 113 1/6' of Lot 3, Southeasterly 113 1/6' of the Northeasterly 30' of Lot 6. all in "James .Virden' s Addition" to the City of Waterloo, Black Hawk County, Iowa. c. Dimensions of proposed site plan amendment: d. Area of proposed site plan amendment: e. Current zoning: R- 4 , C-Z A441 4hyt 4,5 CoJdw✓ f. Reason(s) for site plan amendment and proposed use(s) of property: Al 1 ow 1 imi t ed, t enporary out si de storage of pallets of inventory used in business, :overed and screened from view. Conditions (if any) agreed to (does not affect existing conditions unless specified): Instal ] ati on of new 8' snl i d fanci ng a 1 ong roar anr1 ci rla property i nab Al ] stored inventory on pal 1 ets less than 6' in height, complete installation of stormwater retention facility per Helland Engineering specifications. h. Other pertinent information (use reverse side if necessary): Need for more temporary seasona 1 i nventory storage space. No other changes in use or business, storage on solid surfaces only. 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. g. Signature of Applicant D to /9 Signature of Owner Page 60 of 530 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as July 17, 2023, to approve the request by Ridgeway Heights LLC, dba San Marnan Heights Senior Living, to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110-unit senior housing complex located east of 815 Tower Park Drive, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted herewith is a request by Ridgeway Heights LLC dba San Marnan Heights Senior Living to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110 unit senior housing complex located east of 815 Tower Park Drive, and instruct the City Clerk to publish notice. The proposed parking lot contains 87 stalls with four of those stalls being reserved for handicap parking. Per the Zoning Ordinance, one parking space is required for every 2 units and five visitor parking spaces for every 40 units. This equates to 69 total required parking stalls, and 87 are being provided to exceed the requirement. The site plan shows future parking expansions on the north end of the parking lot. The applicant is proposing prefinished lap siding with stone veneer for the fagade of the building. The proposed design is compatible with the surrounding area. The Planning, Programming, and Zoning Commission recommended approval of the request at their regular meeting on June 13, 2023. Therefore, staff recommends that the request by Ridgeway Heights LLC dba San Marnan Heights Senior Living to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110 unit senior housing complex located east of 815 Tower Park Drive, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions Page 61 of 530 within the surrounding area. 3. The proposed design will be compatible with the surrounding commercial uses and proposed commercial uses. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 2, COUNTRY CLUB BUSINESS CENTER SECOND ADDITION; THENCE S63°20'17"E, 55.69' TO THE POINT OF BEGINNING; THENCE NOO°32'34"E, 304.11' TO THE BEGINNING OF A CURVE; THENCE EASTERLY 218.84' ALONG THE ARC OF A 311.61' RADIUS CURVE, CONCAVE NORTH, HAVING A CHORD BEARING OF N78°17'19"E AND A CHORD DISTANCE OF 214.37'; THENCE N59°39'44"E, 25.71' TO THE BEGINNING OF A CURVE; THENCE, NORTHEASTERLY 221.12' ALONG THE ARC OF A 502.82' RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A CHORD BEARING OF N72°15'37"E AND A CHORD DISTANCE OF 219.34'; THENCE S00°31'50"W, 575.74' TO THE BEGINNING OF A CURVE; THENCE, WESTERLY 213.17' ALONG THE ARC OF A 370.00' RADIUS CURVE, CONCAVE NORTH, HAVING A CHORD BEARING OF N80°47'19"W AND A CHORD DISTANCE OF 210.23'; THENCE N64°17'13"W, 74.51'; THENCE N63°20'17"W, 183.41' TO THE POINT OF BEGINNING, CONTAINING 4.59 ACRES MORE OR LESS. ATTACHMENTS 1. Council Packet 2. San Marnan Heights Senior Living Facility Plans Page 62 of 530 June 13, 2023 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by Ridgeway Heights LLC dba San Marnan Heights Senior Living to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110 unit senior housing complex located east of 815 Tower Park Drive. Ridgeway Heights LLC, 306 W Rd SW, Cedar Rapids, IA, 524011. The applicant is requesting to rezone the property in question to construct a 3-story 110 unit senior living facility. The request would not appear to have a negative impact on the surrounding neighborhood which is composed of commercial uses. The request does not appear to have a negative impact upon nearby properties or land uses. The site will be accessed from Tower Park Drive and Fisher Drive, which are classified as local streets. A trail will be constructed through the San Marnan Business Park development, as lots are developed. The area of the proposed site is currently zoned "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District and has been zoned as such since it was rezoned from "A-1" Agricultural District on February 25, 2004. Surrounding land uses and their zoning are as follows: North — Vacant land and residences, zoned "R-3,R-P" Planned Multiple Residence District South —Vacant land, zoned "B-P" Business Park District; and Highway 20 East — Commercial development and vacant land, zoned "R-4,R-P" Planned Multiple Residence District, "B-P" Business Park District, ana "C-P" Planned Commercial District. West — Commercial development and vacant land, zoned "R-4,R-P" Planned Multiple Residence District, "B-P" Business Park District, ana "C-P" Planned Commercial District. East of 815 Tower Park Dr Rezone "R-4,R-P" and "B-P" to "R-4,R-P" Page 1 of 5 20 Page 63 of 530 June 13, 2023 DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: The surrounding development was constructed between 2008 and 2020. There is no screening required in relation to this request. A drainage plan will be required to be submitted. The property is not located in a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. There are no schools located within the vicinity of the proposed senior living facility. East of 815 Tower Park Dr Rezone "R-4,R-P" and "B-P" to "R-4,R-P" Page 2 of 5 21 Page 64 of 530 June 13, 2023 Picture 1: Looking southeast from Fisher Drive at area to be rezoned. F r AIM Picture 2: Looking west from area to be rezoned toward Kwik Star and Ansborough Avenue. East of 815 Tower Park Dr Rezone "R-4,R-P" and "B-P" to "R-4,R-P" Page 3 of 5 22 Page 65 of 530 June 13, 2023 Picture 3: Looking northeast from Tower Park Drive toward the area proposed to be rezoned. Picture 4: Looking west along Tower Park Drive. East of 815 Tower Park Dr Rezone "R-4,R-P" and "B-P" to "R-4,R-P" Page 4 of 5 23 Page 66 of 530 June 13, 2023 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE STAFF ANALYSIS SUBDIVISION ORDINANCE: STAFF RECOMMENDATION All utilities will serve the site in question with the development of the San Marnan Business Park. The Future Land Use Map designates this property as Business Park: Professional Offices, Commercial; Compatible Light Industrial. The proposed land use is in conformance with the Future Land Use Map for this area. The site is located in the Primary Growth Area as identified in the City's Comprehensive Plan. The applicant is requesting to rezone a 4.6 acre property east of 815 Tower Park Drive to construct a 110 unit senior living facility. The proposed parking lot contains 133 stalls with four of those stalls being reserved for handicap parking. Per the Zoning Ordinance, one parking space is required for every 2 units and five visitor parking spaces for every 40 units. This equates to 69 total required parking stalls, and 133 are being provided to exceed the requirement. However, with 133 stalls, the required minimum number of handicap stalls is 5. The applicant is proposing prefinished lap siding with stone veneer for the fagade of the building. The proposed design is compatible with the surrounding area. Knutson noted the Engineering Department notes are included in the staff report. The Fire Department noted aerial access was discussed with the applicant at their pre -construction meeting and they were given a copy of Appendix D. There is no platting in relation to this request. Therefore, staff recommends that the request by Ridgeway Heights LLC dba San Marnan Heights Senior Living to rezone 4.6 acres from "R-4,R-P" Planned Multiple Residence District and "B-P" Business Park District to "R-4,R-P" Planned Multiple Residence District to allow for the construction of a 110 unit senior housing complex located east of 815 Tower Park Drive, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The proposed design will be compatible with the surrounding commercial uses and proposed commercial uses. East of 815 Tower Park Dr Rezone "R-4,R-P" and "B-P" to "R-4,R-P" Page 5 of 5 24 Page 67 of 530 City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 R -3, C-Z C-2 I R-4, •t;c\-\5 9� ▪ 4 ,O Ti jRl R-1 C-1 R=3--LR-4' W.RIDGEWAYAVE R-3 C-2,C-Z 1- m y PORTER DR �m Zn • � LLJ �--?—HILLTOP RD J w Z w U z ��Q- -MEADOW LN—m 0 (RA CH,q, I I W cc <s v) T O R/o w o Z Ccc\ Lii --I J CC ^°-$ �z Q m O vwj Z o_ Jz C-P 0 CC 0 O LI MESTYLt LN 7 R=1;C-Z� R-3 U N GLENCOF. a 0 R-4 S-1 p; a Im ' ��GEMC E-T AVE Lii R-4,C-ZP/ 6, Sp,RATI GAlas, R-2 can vZi w Q z OLYMPIC DR z _R-3 �R-� _ I l � �J W.•SAN MARNAN DR R-4,R-P _ rRDR O R-4, R-P B-P R-3 jrcTI Q P C-1 w r a Ip ' �e PARE.0R C-P—To LI C-2,C-Z E. RIDGEWAY AVE R-2 o xl J cn --IQ r = m FRIENDSHIP LN/ � I/ m n,-- R-3 m E.'SAN MARNAN DR E. TOWER PARKDR C-2 ANDERSON DR R-4 rST___ J� R-1,C-Z W. SHAULIS RD A-1 E. SHAULIS RD East of 815 Tower Park Drive Rezone from "B-P" and "R-4,R-P" to "R-4,R-P" Ridgeway Heights, LLC 25 I'].....,. GO ..F COl1 City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 FISHER DR East of 815 Tower Park Drive Rezone from "B-P" and "R-4,R-P" to "R-4,R-P" Ridgeway Heights LLC 26 r� cn con APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name— Business Name if Applicable (please print)): r.• A-,, //e. (LL T -�C. a b. S AA rt t' 11.4r} 1L�, 1-s 5e.,, c �' t:< r le - Address: 30f2 wr re.• a ,e a S.LcJ Phone: 316 - --i s- gawn' Faic: �t,�, ip k City: Get . e%I" State: j1. Zip: yv // -/ 13,3 Finail:,<AtoNvie i vi-1 ..;i7 0470sof.Corl-r1 b. Status of applicant: (a) Owner (b) Other X (CHECK ONE): [f other explain Fle� c. Property owner's name if different than above (please print): JoIA d4 D� �•a S , t- t- Address: 7yy l� Y U‘ .Q.J/S i+La AV.! • Phone: Ili - all `� Pax: City: State: [k Zip: SOU 13 Email:1.4$&0.f t . (brtel 2. PROPERTY INFORMATION: a. General location of property to be rezoned: A M C1*i0 tfik nf ivt!y r L� ( iT / Ay'�^' ,,j„ a Le ji l T_om+. Orr % a.. � b. Legal description of property to be rezoned: L.t �i 5h,,, ��,te A,t_i 1. -s w, (�<,,-fC_-14.++r-kzv66' cr 3,04K.. ac„,0kx) Itiv-e.. 40-76 1 c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): . r1 d. Area of Proposed Zoning Boundary (Excluding Right of Way): V cr, . s 1 ` e. Current zoning: t3 - p Requested zoning: Q •-9 • R_P r f. Reason(s)rfor rezoningiland proposed��}}use(s) of propert/y-: lav-f.o-f'1�R[wr, �-: / s 2-"'.'zA 8 -Q P„sIA/ 12..vk —f R IAs-_+ u e a,. c(r'-e.e" ✓ c=T fl&1rfo Ir..J.iv ,uoed g. Conditions (if any) agreed to: f h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new tiling 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 ii Igard to ie request. �• 3 Signature of Applicant / Date dut'ucp verified 05lIO1Z3 3.30 F A Cvr DXWU-QP3k 67P2MQAI Signature of Owner Date 36 Page 70 of 530 SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA OWNER RIDGEWAY HEIGHTS, LLC 306 WEST POINT ROAD SW CEDAR RAPIDS, IA 52404 CONTACT: ROBERT SAMPLE, MANAGING MEMBER Phone: 319-249-4008 Email: sample.robert@gmail.com ARCHITECT NELSON • TREMAIN PARTNERSHIP, P.A. 125 SOUTHEAST MAIN STREET, SUITE 245 MINNEAPOLIS, MN 55414-2159 CONTACT: GAIUS NELSON Office: 612-331-7178 Email: gaius@ntp.cc GENERAL CONTRACTOR TBD CIVIL ENGINEER TBD STRUCTURAL ENGINEER TBD FOOD SERVICE TBD MECHANICAL ENGINEER TBD ELECTRICAL ENGINEER TBD FIRE PROTECTION ENGINEER DEFERRED DESIGN INTERIOR DESIGN TBD LANDSCAPE ARCHITECT TBD Highway 63 Diner Hy-Vee Grocery Store Sunnyside Golf & Country Club W San Marnan Dr 20� 9 Prairie Grove Park W Ridgeway Ave W. SAN MARNAN DR. ANSBOROUGH AVE. HURST DR LATITUDE: 42.455 N LONGITUDE: 92.368 W Village In- 9 The Other Place The UPS Store Fareway Grocery 9 Sam's CIub9 TOWER PARK DR. BUILDING SITE 1 —Ave of 21 SITE LOCATION MAP BUILDING CODE ANALYSIS CODE USED: 2018 INTERNATIONAL BUILDING CODE ADOPTED BY THE STATE OF IOWA WITH AMENDMENTS OCCUPANCY AND CONSTRUCTION TYPE (CHAPTER 3, 5 AND 6) DESCRIPTION OF USE: ASSISTED LIVING BUILDING NON SEPARATED OCCUPANCY OCCUPANCY CLASSIFICATION CONSTRUCTION TYPE BUILDING AREA PER FLOOR FLOORS TOTAL BUILDING AREA I - 1 CONDITION 2 40,513 S.F. 3 121,539 S.F. OCCUPANCY SEPARATIONS: (TABLE 508.4) NOT REQUIRED FOR BUILDING WITH NON SEPARATED OCCUPANCIES FIRE WALLS: SEE BLOCK PLAN FOR FIRE WALL LOCATION FIRE - RESISTIVE REQUIREMENTS: TYPE V- A (TABLES 601 & 602) BUILDING ELEMENT TYPE V - A EXTERIOR BEARING WALLS INTERIOR BEARING WALLS EXTERIOR NON -BEARING WALLS INTERIOR STRUCTURAL FRAME PARTITION - PERMANENT SHAFT ENCLOSURES FLOORS - CEILINGS / FLOORS ROOFS - CEILINGS / ROOFS EXTERIOR DOORS & WINDOWS STAIRWAY CONSTRUCTION (1005.3.3.2) MINIMUM ROOF CLASS (TABLE 1505.1) 1 1 1 1 1 1 1 1 HR HR HR HR HR HR (713.4) HR HR N/A 1 HR CLASS B ACCESSIBILITY REQUIREMENTS: CODE ADAPTED: ADAAG 2010, ANSI A117.1 (PER IBC REFERENCES), UFAS AND FHAAG NOTE: WHEN CONFLICTS EXIST BETWEEN ACCESSIBILITY CODES, STANDARDS AND GUIDELINES, THE CODES, STANDARDS AND GUIDELINES PROVIDING GREATER DEGREE OF ACCESSIBILITY SHALL TAKE PRECEDENCE. ELEVATOR: TWO ACCESSIBLE PUBLIC ELEVATORS PROVIDED MEMORY / RESIDENT "D" WING RESIDENT "C" WING COMMONS "A" WING DRIVE UNDER CANOPY RESIDENT "B" WING Z OVERALL KEYPLAN SCALE: 1:1000 ARCH SHEET INDEX NO. SHEET NAME A0.01 TITLE SHEET A0.02 SITE PLAN A1.00 FIRST FLOOR PLAN A1.01 SECOND FLOOR PLAN A1.02 THIRD FLOOR PLAN A2.00 STUDIO - MEMORY CENTER UNIT PLANS A2.01 1 BEDROOM UNIT PLANS A2.02 2 BEDROOM UNIT PLANS A3.00 EXTERIOR ELEVATIONS A4.10 WALL SECTION - RATED ASSEMBLIES TOTAL SQ FT STORY Area 1 42,101 2 39,513 3 39,925 TOTAL 121,539 sq ft PROGRAM AREA STORY AREA NAME NET SQ FT 1 ACTIVITY 399 1 CAFE' 516 1 CLINIC 183 1 CORR 132 1 DINING 1,376 1 ELEC 45 1 EXAM 83 1 EXAM 118 1 EXHIBITION KITCHEN 268 1 FAMILY DINING 272 1 HSPKG OFFICE 76 1 ICE CREAM PARLOR 692 1 IT 93 1 JAN 52 1 KIT OFFICE 87 1 KITCHEN 700 1 LAUNDRY 310 1 LOADING DOCK 308 1 LOBBY 542 1 MAIL 83 1 MAINTENANCE / MECH 550 1 MC DINING 731 1 MC KIT PANTRY 310 1 MC LIVING 1,601 1 MECH 185 1 MED 103 1 MRKTING OFFICE 1 29 1 NURSE 115 1 OFFICE 81 1 OFFICE 86 1 OFFICE 86 1 OFFICE 110 1 OFFICE 135 1 RECPT 105 1 RECPT 215 1 SALON 297 1 SPA 280 1 ST 28 1 STAFF 314 1 STOR 102 1 STORAGE 151 1 STORAGE/ MECH 401 UNIT SUMMARY (3 STORY) UNIT TYPE QTY SQ FT MEMORY CARE 14 449 STUDIO 22 521 1 BEDROOM 39 626 1 BEDROOM+ 8 711 2 BEDROOM 22 1017 2 BEDROOM+ 5 1026 TOTAL 110 NOTE: SIZES MAY VARY SLIGHTLY AMONG UNIT TYPES. SEE OVERALL FLOOR PLAN FOR INDIVIDUAL UNIT SIZES. PROGRAM AREA STORY AREA NAME NET SQ FT 1 STORAGE/TBD 437 1 TOILET 59 1 TOILET 59 1 TOILET 59 1 TOILET 59 1 TOILET 63 1 TOILET 67 1 TOILET 82 1 TRASH 68 1 WAITING 128 1 WELLNESS 822 1 WORK 81 2 ACTIVITY / CLASSROOM 401 2 ACTIVITY / EXERCISE 388 2 HSKPG 87 2 JAN 77 2 LOUNGE 201 2 PORCH 402 2 SITTING 114 2 SITTING 114 2 SITTING 114 2 ST 66 2 STORAGE 202 2 STORAGE 388 2 STORAGE 485 2 STORAGE / MECH 304 2 THEATER 1,005 2 TOILET 59 2 TOILET 59 2 TRASH 62 3 ACTIVITY / CRAFTS 709 3 HSKPG 87 3 JAN 77 3 LOUNGE 201 3 PORCH 402 3 SITTING 114 3 SITTING 114 3 SITTING 114 3 ST 66 3 STORAGE 202 3 STORAGE / MECH 304 3 TRASH 62 c) a) ct cd E H 0 N z C3 Z iil:iN_\►1,11i]4: C.) © 2023 Nelson • Tremain Partnership, P.A. Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: TITLE SHEET Sheet Number: A0.01 1" Page 71 of 530 5 Lot 2 ARCHITECTURAL SITE PLAN o.� SCALE:1" =40' v 1—I EtI w —1I 0 PROPERTY LINE SETBACK LINE SETBACK LINE PROPERTY LINE 241 DRNE FENCE 5.00' 0 20' N 40' 80' LOT 9 - SITE AREA 200,011 SQ FT 4.59 ACRE CURRENT ZONING: R-4, R-P AND C-P PROPOSED ZONING: R-4, R-P PROPOSED USE: MULT-FAMILY ELDERLY HOUSING (ASSISTED LIVING) 110 TOTAL UNITS REQUIRED PARKING: 1 SPACE PER 2 UNITS, PLUS 5 VISITOR SPACES PER 40 UNITS (OR PART THEREOF) 55 + 15 = 70 TOTAL SPACES PROPOSED PARKING: PARKING ACCESSIBLE TOTAL 83 4 87 9' X 18' TYPICAL PARKING SPACES 7-5) 1) -15) Ct F-4 E H • 0 z Z �1I is _e= C.) V U 4) JD ct E H • 0 z M O 0 Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: SITE PLAN Sheet Number: A0.O2 1" Page 72 of 530 2 BEDRM 1,017sgft 2 BEDRM 1,017sgft D—❑ STAFF 314 sq ft 1 BEDRM 626 sq ft MAINTENANCE / MECH 550 sq ft ji EXAM TOIL 83sgf-1I 3sqf 2 BEDRM + 1,019 sq ft CLINIC 183 sq ft EC 105 105 sq EXAM 18 sq ft OIL 9 sq 11 SALON 297 sq ft AMILY DINING 272 sq ft RKTING OFFICE 129 sq f IT 93 sq ft MC LIVING 1,601 sq ft KITCHEN 700 sq ft MAIL 83 sq ft HIB KIT ECPT sq ft MECH 185 sq ft MED 103 sq ft NURSE 115 sq ft MC DINING 731 sq ft MC 429 sq ft STORAGE 151 sq ft MC 420 sq ft ICE CREAM PARLOR 692 sq ft DINING 1,376 sq ft OFFICE 81 sq ft OFFICE 86 sq ft FFICE 86 sq ft OFFICE 135 sq ft WELLNESS 822 sq ft OFFICE 110 sq ft STUDIO 521 sq ft STUDIO 521 sq ft 2 BEDRM 1,017 sq ft OIL 9 sq 11 STORAGE / TBD 437 sq ft 2 BEDRM 1,017 sq ft MC 444 sq ft MC 444 sq ft STORAGE / MECH 401 sq ft 1 BEDRM 626 sq ft MC 416 sq ft MC 420 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft MC 444 sq ft MC 424 sq ft 1 BEDRM 626 sq ft MC 424 sq ft MC 444 sq ft 2 BEDRM 1,017 sq ft 1 BEDRM 626 sq ft MC 420 sq ft 2 BEDRM 1,017 sq ft MC+ 488 sq ft ACTIVITY 399 sq ft MC+ 535 sq ft MC+ 533 sq ft PRELIMINARY DESIGN — CONFIGURATION IS PRELIMINARY AND SUBJECT TO MODIFICATION. 0 8' 16' 32' FIRST FLOOR UNIT SUMMARY UNIT TYPE STORY QTY MEMORY CARE 1 14 STUDIO 1 3 1 BEDROOM 1 5 2 BEDROOM 1 6 2 BEDROOM+ 1 1 TOTAL 29 FIRST FLOOR - COMMON, ADMIN, UTILITY AREA STORY TOTAL SQ FT ADMIN 1 5,215 COMMONS 1 9,219 14,434 sq ft UNIT TYP SQ FT MEMORY CARE 449 SQ FT STUDIO 521 SQ FT 1 BEDRM 626 SQ FT 1 BEDRM + 711 SQ FT 2 BEDRM 1017 SQ FT 2 BEDRM + 1026 SQ FT COMMON AREAS ADMIN / SERVICE NOTE: SIZES MAY VARY SLIGHTLY AMONG UNIT TYPES. SEE OVERALL FLOOR PLAN FOR INDIVIDUAL UNIT SIZES. GENERAL COMMON AREA FINISH NOTES • CEILINGS: 2X2 ACOUSTICAL TILE FIELD WITH GYPBOARD SOFFITS AND COVE LIGHTING - IN RECEPTION, LOBBY, CAFE, MAIN DINING ROOM, FAMILY DINING ROOM, CORRIDORS • WALLS: PAINTED -THROUGHOUT STONE VENEER - DINING ROOM FIREPLACE, GRAND STAIR/FIREPLACE IN LOBBY CERAMIC TILE - AT BACKSPLASH IN KITCHEN • FLOORS: CARPET TILE - MAIN DINING ROOM, FAMILY DINING ROOM, THEATER, CORRIDORS. CERAMIC TILE - ENTRY VESTIBULE, RECEPTION, LOBBY, CAFE. CONCRETE FLOOR - MECHANICAL AND STORAGE ROOMS AT FIRST FLOOR • COUNTERTOPS: SOLID SURFACE WITH UNDERMOUNTED SINKS - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • CABINETS: PLASTIC LAMINATE - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • TRIM: WOOD DOOR, WINDOW AND BASE TRIM - TYPICAL RUBBER BASE - IN LAUNDRY, HOUSKEEPING, STORAGE ROOMS 0 z �1I is _e= C.) V U 4) Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: FIRST FLOOR PLAN Sheet Number: A1.00 1ST FLOOR �1 .0 SCALE: 1/16" = 1'-0" 1" Page 73 of 530 PRELIMINARY DESIGN — CONFIGURATION IS PRELIMINARY AND SUBJECT TO MODIFICATION. 2 BEDRM 1,017 sq ft 2 BEDRM 1,017 sq ft 1 BEDRM+ 758 sq ft 2 BEDRM + 1,019 sq ft 2 BEDRM+ 1,033 sq ft STUDIO+ 579 sq ft PORCH 402 sq ft LOUNGE 201 sq ft 1 BEDRM 715 sq ft THEATER 1,005 sq ft STORAGE 202 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft 1 STUDIO 521 sq ft 1 BEDRM 626 sq ft 1 BEDRM+ 723 sq ft 1 BEDRM 626 sq ft 2 BEDRM 1,017 sq ft 2 BEDRM 1,017 sq ft 0 8' 16' 32' SECOND FLOOR UNIT SUMMARY UNIT TYPE STORY QTY STUDIO 2 8 1 BEDROOM 2 17 1 BEDROOM+ 2 4 2 BEDROOM 2 8 2 BEDROOM+ 2 2 TOTAL 39 SECOND FLOOR - COMMON, ADMIN, UTILITY AREA STORY TOTAL SQ FT ADMIN 2 1,671 COMMONS 2 2,857 4,528 sq ft UNIT TYP SQ FT MEMORY CARE 449 SQ FT STUDIO 521 SQ FT 1 BEDRM 626 SQ FT 1 BEDRM + 711 SQ FT 2 BEDRM 1017 SQ FT 2 BEDRM + 1026 SQ FT COMMON AREAS ADMIN / SERVICE NOTE: SIZES MAY VARY SLIGHTLY AMONG UNIT TYPES. SEE OVERALL FLOOR PLAN FOR INDIVIDUAL UNIT SIZES. GENERAL COMMON AREA FINISH NOTES • CEILINGS: 2X2 ACOUSTICAL TILE FIELD WITH GYPBOARD SOFFITS AND COVE LIGHTING - IN RECEPTION, LOBBY, CAFE, MAIN DINING ROOM, FAMILY DINING ROOM, CORRIDORS • WALLS: PAINTED -THROUGHOUT STONE VENEER - DINING ROOM FIREPLACE, GRAND STAIR/FIREPLACE IN LOBBY CERAMIC TILE - AT BACKSPLASH IN KITCHEN • FLOORS: CARPET TILE - MAIN DINING ROOM, FAMILY DINING ROOM, THEATER, CORRIDORS. CERAMIC TILE - ENTRY VESTIBULE, RECEPTION, LOBBY, CAFE. CONCRETE FLOOR - MECHANICAL AND STORAGE ROOMS AT FIRST FLOOR • COUNTERTOPS: SOLID SURFACE WITH UNDERMOUNTED SINKS - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • CABINETS: PLASTIC LAMINATE - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • TRIM: WOOD DOOR, WINDOW AND BASE TRIM - TYPICAL RUBBER BASE - IN LAUNDRY, HOUSKEEPING, STORAGE ROOMS c) a) ct F-4 cd E a) H • 0 CID C3 Z iil:iN_\►1,11i]4: ci N � • LC1 Ct 4U � 1.)O� c Cd cic v, - O 00 • Ct 4.) O cv u • © 2023 Nelson • Tremain Partnership, P.A. Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: SECOND FLOOR PLAN Sheet Number: A1.01 2ND FLOOR SCALE: 1/16" = 1'-0" 1 Page 74 of 530 PRELIMINARY DESIGN — CONFIGURATION IS PRELIMINARY AND SUBJECT TO MODIFICATION. SITTING 2 BEDRM 1,017 sq ft 2 BEDRM 1,017 sq ft L J 1 BEDRM+ 758 sq ft 2 BEDRM + 1,019 sq ft 2 BEDRM+ 1,033 sq ft STUDIO+ 579 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft STUDIO 521 sq ft STORAGE MECH STUDIO 534 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft ACTIVITY / CRAFTS 709 sq ft 1 BEDRM 626 sq ft PORCH LOUNGE STORAGE 1 BEDRM 626 sq ft STUDIO 534 sq ft 1 BEDRM 715 sq ft STUDIO 534 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft w 1 BEDRM 626 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft STUDIO 521 sq ft STUDIO 521 sq ft 1 BEDRM 626 sq ft STUDIO 521 sq ft 1 BEDRM+ 661 sq ft 1 BEDRM+ 723 sq ft 1 BEDRM 626 sq ft 2 BEDRM 1,017 sq ft STUDIO 521 sq ft 2 BEDRM 1,017 sq ft ITTING 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft 1 BEDRM 626 sq ft 2 BEDRM 1,017 sq ft r — 1 2 BEDRM 1,017sgft 2 BEDRM 1,017sgft 467 sq ft 2 BEDRM 1,017 sq ft SITTING 0 8' 16' 32' THIRD FLOOR UNIT SUMMARY UNIT TYPE STORY QTY STUDIO 3 1 1 1 BEDROOM 3 17 1 BEDROOM+ 3 4 2 BEDROOM 3 8 2 BEDROOM+ 3 2 TOTAL 42 THIRD FLOOR - COMMON, ADMIN, UTILITY AREA STORY TOTAL SQ FT ADMIN 3 798 COMMONS 3 1,654 2,452 sq ft UNIT TYP SQ FT MEMORY CARE 449 SQ FT STUDIO 521 SQ FT 1 BEDRM 626 SQ FT 1 BEDRM + 711 SQ FT 2 BEDRM 1017 SQ FT 2 BEDRM + 1026 SQ FT COMMON AREAS ADMIN / SERVICE NOTE: SIZES MAY VARY SLIGHTLY AMONG UNIT TYPES. SEE OVERALL FLOOR PLAN FOR INDIVIDUAL UNIT SIZES. GENERAL COMMON AREA FINISH NOTES • CEILINGS: 2X2 ACOUSTICAL TILE FIELD WITH GYPBOARD SOFFITS AND COVE LIGHTING - IN RECEPTION, LOBBY, CAFE, MAIN DINING ROOM, FAMILY DINING ROOM, CORRIDORS • WALLS: PAINTED -THROUGHOUT STONE VENEER - DINING ROOM FIREPLACE, GRAND STAIR/FIREPLACE IN LOBBY CERAMIC TILE - AT BACKSPLASH IN KITCHEN • FLOORS: CARPET TILE - MAIN DINING ROOM, FAMILY DINING ROOM, THEATER, CORRIDORS. CERAMIC TILE - ENTRY VESTIBULE, RECEPTION, LOBBY, CAFE. CONCRETE FLOOR - MECHANICAL AND STORAGE ROOMS AT FIRST FLOOR • COUNTERTOPS: SOLID SURFACE WITH UNDERMOUNTED SINKS - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • CABINETS: PLASTIC LAMINATE - IN RESTROOMS. RECEPTION COUNTER, KITCHEN, EXHIBITION KITCHEN • TRIM: WOOD DOOR, WINDOW AND BASE TRIM - TYPICAL RUBBER BASE - IN LAUNDRY, HOUSKEEPING, STORAGE ROOMS c) a) ct F-4 cd E H • 0 CID z C3 Z iil:iN_\►1,11i]4: C.) u s~ © 2023 Nelson • Tremain Partnership, P.A. Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: THIRD FLOOR PLAN Sheet Number: A1.02 3RD FLOOR SCALE: 1/16" = 1'-0" 1 Page 75 of 530 OVERALL FRONT ELEVATION /2 SOUTH WEST ELEVATION 3.0 SCALE: 1/16" = 3 EAST ELEVATION \3.091 SCALE: 1/16" = 1'-0" Le! Ir Fp Fier WNW 2" CAST STONE VENEER PREFINISHED LAP SIDING PREFINISHED PANEL SIDING WINDOW AT SIDING VINYL FRAME WINDOWS 4" COMPOSITE TRIM WINDOW AT STONE VINYL FRAME WINDOWS 4" COMPOSITE TRIM 2" STONE SILL 8" STONE HEAD /40 ELEVATION LEGEND \3.NOT TO SCALE 0 CID TECTURE AND DESIGN FOR AGING C.) I : 612-331- 1 : ® • le son • Tremain Partnershi., PA Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: EXTERIOR ELEVATIONS Sheet Number: A3.00 1 Page 76 of 530 TRUSS BEARING EL: 132'-4 7/8" 3RD FLOOR di TOP OF SUBFLR EL: 123'-3 3/4" 00 O • M CO O 2ND FLOOR TOP OF SUBFLR EL: 112'-1 7/8" 1ST FLOOR TOP OF SLAB III II II III-11 TYPICAL WALL SECTION ROOF CONSTRUCTION: ASPHALT SHINGLES ROOF UNDERLAYMENT /ICE AND WATER SHIELD ROOF SHEATHING VENTILATION CHUTE PREFABRICATED TRUSSES BLOWN IN INSULATION (R-40) VAPOR RETARDER 1/2" RESILIENT CHANNELS 5/8" TYPE C GYPSUM BOARD VENTED PREFINISHED METAL SOFFITS WINDOW ASSEMBLY: VINYL FRAME WINDOWS CLEAR LOW E INSULATED GLAZING COMPOSITE TRIM AT PERIMETER OF WINDOW WINDOW FLASHING AT ROUGH OPENING EXTERIOR WALL - SIDING: PREFINISHED LAP OR PANEL SIDING DRAINABLE WEATHER BARRIER 3/4" RIGID INSULATION (R-3.8 min) EXTERIOR SHEATHING 2 x 6 WOOD STUDS W/ BATT INSULATION (R-19) SMART VAPOR BARRIER 5/8" GUPSUM BOARD SURFACE FLOOR CONSTRUCTION: FINISHED FLOORING 3/4" GYPCRETE TOPPING MAXXON SOUND MATT FLOOR SHEATHING PREFAB OPEN WEB FLOOR TRUSSES FILL CAVITY W/ BLOWN IN INSULATION 1/2" RESILIENT CHANNELS 5/8" TYPE C GYPSUM WALL BOARD EXTERIOR WALL - STONE: 2" CAST STONE VENEER IN ADHESIVE MORTAR KRAFT BACKED METAL LATH DRAINABLE WEATHER BARRIER 3/4" RIGID INSULATION (R-3.8 min) EXTERIOR SHEATHING 2 x 6 WOOD STUDS W/ BATT INSULATION (R-19) SMART VAPOR BARRIER 5/8" GUPSUM BOARD SURFACE GROUND FLOOR: FINISHED FLOORING 4" CONCRETE SLAB ON GRADE VAPOR RETARDER GAS PERMEABLE GRAVEL / SAND BASE RADON MITIGATION SYSTEM : 4" DIA. PVC PIPES - FROM BELOW FLOOR SLAB VENT THROUGH ROOF FOUNDATION: CAST -IN -PLACE FOUNDATION AND FOOTING WATERPROOFING 2" RIGID INSULATION (R-10) PREFINISHED METAL CAP OVER RIGID INSUL. SCALE:3/8" = 1'-0" 5 1/2" ARCHITECTURAL LAP SIDING (07 4243) PRE -FINISHED FLASHING SHEATHING TAPE OVER FLASHING CAST STONE VENEER (04 7200) AIR SPACE 2" VERTICAL CI-GIRTS @ EACH STUD (07 4243) 2" MINERAL WOOL INSULATION (07 2100) WEATHER RESISTIVE BARRIER (07 2500) 5/8" EXTERIOR SHEATHING (06 1600) 5 1/2" WOOD STUD FRAMED WALL - SEE STRUCTURAL SPRAY FOAM INSULATION (07 2119) 5/8" GYPSUM WALLBOARD (09 2900) W1 STONE VENEER - SEE EXT. ELEVATIONS w/ PREFINISHED LAP / PANEL SIDING 6 3/4" UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE 2 X 6 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) 1-HOUR FIRE -RATED ASSEMBLY - UL No. U305 INTERIOR WOOD STUD WALL 4 3/4" 0 UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE RC CHANNELS @ 24" O.C. 2 X 4 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) 1-HOUR FIRE -RATED ASSEMBLY - UL No. U311 A.L. UNIT DEMISING & A.L. CORRIDOR WALL ROOF SHEATHING - SEE STRUCT. ASPHALT COMPOSITION SHINGLES ROOFING UNDERLAYMENT 11161■.— R1 PREFABRICATED WOOD TRUSS R-40 BLOWN -IN INSULATION VAPOR BARRIER 1/2" STEEL FURRING CHANNELS 5/8" TYPE "C" GYPSUM WALLBOARD 1-HOUR FIRE -RATED ASSEMBLY - UL No. P522 RATED ROOF/CEILING CONSTRUCTION 4 3/4" • UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE 2 X 4 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) 1-HOUR FIRE -RATED ASSEMBLY - UL No. U305 INTERIOR WOOD STUD WALL UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. 2 X 4 WOOD STUDS AT 16" O.C. FURRED OUT CONSTRUCTION 6 3/4" 0 4> 4 3/4" 0 0 UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE 2 X 6 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) 1-HOUR FIRE -RATED ASSEMBLY - UL No. U305 INTERIOR WOOD STUD WALL UNDERSIDE OF ROOF TRUSSES 2 LAYERS 5/8" GYP.BD. EACH SIDE 2 X 4 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) SOUND ATTENUATION BATT INSULATION 2-HOUR FIRE -RATED ASSEMBLY - UL No. XXX INTERIOR WOOD STUD WALL UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE RC CHANNELS @ 24" O.C. 2 X 6 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) SOUND ATTENUATION BATT INSULATION 1-HOUR FIRE -RATED ASSEMBLY - UL No. U311 A.L. UNIT DEMISING & A.L. CORRIDOR WALL ROOF SHEATHING - SEE STRUCT. ASPHALT COMPOSITION SHINGLES ROOFING UNDERLAYMENT err PREFABRICATED WOOD TRUSS R2 5/8" DENSGLASS W/ EIFS FINISH NON -RATED ASSEMBLY CANOPY ROOF/CEILING CONSTRUCTION WALL TYPES & RATED ASSEMBLIES 2 3/4" 6 3/4" m 4 3/4" UNDERSIDE OF ROOF TRUSSES 5/8" GYP.BD. EACH SIDE 2 X 4 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) SOUND ATTENUATION BATT INSULATION 1-HOUR FIRE -RATED ASSEMBLY - UL No. U305 INTERIOR WOOD STUD WALL UNDERSIDE OF ROOF TRUSSES 2 LAYERS 5/8" GYP.BD. EACH SIDE 2 X 6 WOOD STUDS @ 16" O.C. - UNO (SEE STRUCT) SOUND ATTENUATION BATT INSULATION 2-HOUR FIRE -RATED ASSEMBLY - UL No. XXX INTERIOR WOOD STUD WALL ROOF DECK 5/8 TYPE X GYP BD EACH SIDE 2 X 4 (FLAT) SPACED 2'-0" O.C. MAX. BOTTOM CHORD OF TRUSS RATED CEILING BELOW (SEPARATE ASSEMBLY) RATED SMOKE BARRIER BELOW (SEPARATE ASSEMBLY) 1-HOUR FIRE -RATED ASSEMBLY - UL No. U338 SMOKE BARRIER WALL IN ATTIC SPACE 3/4" MIN GYP-CRETE MAXXON SOUND MATT 3/4" T&G SUBFLOOR 1 f f • PREFABRICATED WOOD TRUSS • • • /4 25 GA RC-1 CHANNELS © 12 O.C. 5/8" TYPE "C" GYP BD FILL CAVITY WITH BLOWN -IN INSULATION F1 1-HOUR FIRE -RATED ASSEMBLY - UL No. L528 FLOOR TRUSS ASSEMBLY 4.1 SCALE: 1" = 1'-0" r1 I ] : e= C.) © 2023 Nelson • Tremain Partnership, P.A. Certification: Owner: RIDGEWAY HEIGHTS, LLC SCHEMATIC DESIGN 05/22/23 Project: SAN MARNAN HEIGHTS SENIOR LIVING WATERLOO, IA Revisions: No. Date Description Sheet Title: WALL SECTION - RATED ASSEMBLIES Sheet Number: A4.10 1" Page 77 of 530 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023 by and between 3 Stooges, 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, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area (the "Urban Renewal Area"), pursuant to the East Waterloo Unified Urban Renewal and Redevelopment Plan (the "Urban Renewal Plan"). B. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" attached hereto (the "Property"). C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company in its as -is condition for the sum of $1.00 (the "Purchase Price"). Page 78 of 530 Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements by Company. Company shall construct on the Property a new commercial warehouse facility, consisting of no less than 50,000 square feet, as well as related landscaping, storm water improvements, paving, signage and parking improvements (collectively, the "Improvements"), in accordance with the Plans as provided in Section 3. 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. City may require that Company submit specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." Improvements completed within the schedule established by Section 4 below will be eligible for the benefits provided for in this Agreement. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and 2 Page 79 of 530 conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section, The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin construction of the Improvements within four (4) months after the date of conveyance (the "Start Date") and Substantially Complete construction within fourteen (14) months thereafter (the "Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project element for which no permit was necessary has 3 Page 80 of 530 been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for construction of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 19, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement as provided in Section 19, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property in addition to exercising any other available remedies. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, then Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable 4 Page 81 of 530 attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 7. Utilities. Company will be responsible for extending, at its own expense, water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $1,450,000.00 (the Minimum Actual Value"), through: either; (i) willful destruction of the Property, the Improvements, or any part of (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. 9. Tax Rebates. Provided that Company has completed the Improvements before the Completion Deadline, and that Company has executed an MAA as set forth in Section 8 above, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Five 50% rebate each year for any assessed value added by the completed Improvements (each such payment is a "Rebate"). Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property 5 Page 82 of 530 taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The assessed value of the Property as a result of the Improvements constructed thereon must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event Improvements on the Property are completed prior to January 1, 2025 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2025 assessed value would be for the Fiscal Year ending June 30, 2027, with the taxes payable one-half by September 30, 2026 and one-half by March 31, 2027, then the first Rebate could be applied for after March 31, 2027 and prior to April 1, 2028. 10. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the 6 Page 83 of 530 application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 9 hereof, City shall have no obligation to make a payment of a Rebate to Corhpany if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 9 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 9, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 11. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. 7 Page 84 of 530 B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district and/or amendment of the applicable urban renewal plan, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 14 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 12. Additional Covenants of Company. In addition to the other promises,. covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its 8 Page 85 of 530 businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. 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. The Property will have an assessed value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. 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 and any amendments thereto. G. Until termination of the MAA, Company agrees that (1) if the completed improvements are to be Company's primary location for business operations, it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 13. Representations and Warranties of City. City hereby represents and warrants as follows: 9 Page 86 of 530 A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or bylaws of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. F. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 10 Page 87 of 530 15. 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 arising after Company's lease or acquisition of the same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the 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. 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 11 Page 88 of 530 17. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 18. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the 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 any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any part of 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. 12 Page 89 of 530 19. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. 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. 20. 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. 21. 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, 13 Page 90 of 530 agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 22. 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. 23. 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 3510 Kimball Avenue, Suite H, Waterloo, Iowa 50702, Attention: Anthony Fischels. 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. 24. 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. 25. 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. 26. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this 14 Page 91 of 530 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. 27. 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. 28. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 29. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 30. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 31. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 32. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 15 Page 92 of 530 CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: af ,...--- Quentin M. Hart, Mayor AnthonVischels Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Anthony Fis tels 16 Page 93 of 530 EXHIBIT "A" Legal Description of Property Lots 1 and 2, Waterloo Air and Rail Park 2nd Addition, except the south 145.15 feet, City of Waterloo, Black Hawk County, State of Iowa. 17 Page 94 of 530 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), 3 STOOGES, 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 (the "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 within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $1,450,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. 18 Page 95 of 530 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, 2034. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state 19 Page 96 of 530 law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above, [signatures on next page] 20 Page 97 of 530 CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: Quentin Hart, Mayor Anthon " ischels, Manager By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Notary Public 21 Page 98 of 530 Subscribed and sworn to before me on JAN/ 27 , 2023 by Anthony Fischels as Managing Member of 3 Stooges, LLC. ie u`8 TIM ANDERA qtCOMMISSION NO. 772518 * * MY COMMISSION EXPIRES kow' APRIL 11, 2024 Notary Public 22 Page 99 of 530 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less Dollars ($1 450 QOO.OQ) until han One Million Four Hundred Fifty Thousand and 00/100 termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2023 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public 23 Page 100 of 530 1 HYPER DRIVE WAREHOUSE 130 HYPER DRIVE, WATERLOO, IOWA -2023- WARP DR. (WATERLOO CORPORATE LIMITS) PROJECT LOCATION WATERLOO MUNICIPAL AIRPORT VICINITY MAP NOT TO SCALE Sioux City 1-35 Ames Des Moines Council Bluffs Mason City HYPER DRIVE WAREHOUSE Dubuque Waterloo 0 Marshalltown Cedar Rapids 1-80 %r. Burlington LOCATION MAP 1 Davenport WORK AND MATERIALS SHALL BE IN ACCORDANCE WITH THE IOWA STATEWIDE URBAN STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS, 2023 EDITION (SUDAS), THE CITY OF WATERLOO WATER WORKS SPECIFICATIONS AND THE CITY OF WATERLOO STANDARD SPECIFICATIONS CGA Clapsaddle-Garber Associates, Inc 5106 Nordic Dr. Cedar Falls, Iowa 50613 Phone 319-266-0258 www.cgaconsultants.com SHEET NO. C.100 C.101 C.110 C.200 C.300 C.310 C.400 C.500 - C.502 INDEX OF SHEETS DESCRIPTION TITLE SHEET SYMBOLS, LEGEND AND GENERAL INFORMATION EXISTING CONDITIONS & REMOVALS OVERALL LAYOUT PLAN OVERALL GRADING PLAN STORM WATER PREVENTION AND POLLUTION PLAN LANDSCAPING PLAN TYPICAL DETAILS CONSTRUCTION PLAN SET: 06-01-2023 I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. 06-01-2023 Signature Adam C. Daters, PE Iowa License Number 19579 My license renewal date is December 31, 2024 Pages or sheets covered by this seal: All pages indicated in the index Date CGA PROJECT NO. 23-DS-0051 SHEET C.100 Page 101 of 530 C.100 (COVER & LEGEN wgs\5 Sheets \23-D LEGEND EXISTING PROPOSED EVERGREEN TREE DECIDUOUS TREE FRUIT TREE 58 SHRUBS(BUSHES) TREE LINE STUMP SWAMP CEMETERY GRAVE CAVE SINK HOLE WELL WINDMILL © CISTERN SEPTIC TANK LP LP GAS TANK u� UNDERGROUND STORAGE TANK SATELLITE DISH SIGN (TYPE AS NOTED) FLAGPOLE • SOIL BORING • MONITORING WELL ® © PARKING METER 18 MAILBOX O POST • BOLLARD SPRINKLER HEAD SPRINKLER HEAD VALVE GUARDRAIL (BEAM OR CABLE) —X X— —0 O FENCE 0 —0— — TILE OUTLET DRAINAGE WAY EDGE OF WATER e--e--�� SILT FENCE CONTOUR LINE SPOT ELEVATION SIGN SPH SPV BUILDING IIOW A ©In 1-800-292-8989 i5 www.iowaonecall.com ve.a.�ti EXISTING PROPOSED --W(*)---- W WATERLINE Pa A 0 FDC P®V San(') StS (`) DT SD N G(*) e>1 —OH E— FO(') a> T(*) 6 WATER VALVE J� FIRE HYDRANT ® WATER METER - ' CURB STOP T YARD HYDRANT ▪ FIRE DEPT. CONNECTION FDC IV POST INDICATOR VALVE • SANITARY SEWER LINE STORM SEWER LINE - DT ---- DRAIN TILE - SD ---- SUBDRAIN O MANHOLE © CLEANOUT INTAKE BEEHIVE INTAKE ® ROOF DRAIN ® ROOF DRAIN (SURFACE) • ROOF DRAIN (UNDERGROUND) G GAS LINE N GAS VALVE ® GAS METER —OH E— OVERHEAD ELECTRICAL LINE E BURIED ELECTRICAL LINE • POWER POLE ▪ ELECTRICAL METER ELECTRICAL HIGHLINE TOWER ▪ TRAFFIC SIGNAL STREET LIGHT ▪ LUMINAIRE • ELECTRICAL BOX/TRANSFORMER FO FIBER OPTICS LINE • FIBER OPTICS BOX • FIBER PEDESTAL T TELEPHONE LINE f TELEPHONE POLE • TELEPHONE PEDESTAL TELEPHONE BOX ® CABLE TELEVISION LINE ---- N ---- TELEVISION PEDESTAL • TELEVISION BOX ❑� AIR CONDITIONER I.I 0 EXISTING PROPOSED -- SECTION/R.O.W. LINE BOUNDARY LINE PROPERTY LINE — — EASEMENT LINE SETBACK LINE • ▪ R.O.W. RAIL OR LOT CORNER O ❑� CONCRETE MONUMENT A 0 GOVERNMENT CORNER MONUMENT • 0 PARCEL OR LOT CORNER MONUMENT TEMP. CONSTRUCTION EASEMENT CORNER $ SURVEY CONTROL POINT ABBREVIATIONS PCC ACC STM INT INT-MH STCO FES STP STFM SMH SACO SAP SAFM FH YH WV CS PIV FDC RCP CMP HDPE PVC DI CP BM SB MW PM SH GV GM PP EM TS LP EB FB TB TP CB AC CBU PORTLAND CEMENT CONCRETE ASPHALT CEMENT CONCRETE STORM SEWER MANHOLE STORM SEWER INTAKE STORM SEWER INTAKE WITH MANHOLE STORM SEWER CLEANOUT STORM SEWER FLARED END SECTION STORM SEWER PIPE STORM SEWER FORCE MAIN SANITARY SEWER MANHOLE SANITARY SEWER CLEANOUT SANITARY SEWER PIPE SANITARY SEWER FORCE MAIN FIRE HYDRANT ASSEMBLY YARD HYDRANT ASSEMBLY WATER VALVE CURB STOP POST INDICATOR VALVE FIRE DEPT. CONNECTION REINFORCED CONCRETE PIPE CORRUGATED METAL PIPE HIGH -DENSITY POLYETHYLENE PIPE POLYVINYL CHLORIDE PIPE DUCTILE IRON PIPE SURVEY CONTROL POINT SURVEY BENCHMARK SOIL BORING MONITORING WELL PARKING METER SPRINKLER HEAD GAS VALVE GAS METER POWER POLE ELECTRIC METER TRAFFIC SIGNAL LIGHT POLE/STREET LIGHT ELECTRICAL BOX/TRANSFORMER FIBER OPTICS BOX/PEDESTAL TELEPHONE BOX/PEDESTAL TELEPHONE POLE CABLE/TELEVISION BOX AIR CONDITIONER UNIT CLUSTER MAILBOX UNIT CONTROL POINTS: IOWA REGIONAL COORDINATE SYSTEM ZONE 5 NAD83(2011)(EPOCH 2010) IARTN DERIVED -US SURVEY FEET. NUMBER NORTHING EASTING 102 600 601 603 604 606 608 PROPOSED USE WAREHOUSE 3667429.5390 3667473.6810 3667510.8370 3667516.1840 3667521.2580 3667525.9210 3667488.8890 PROPERTY ADDRESS: LOTS 1-3 WATERLOO AIR AND RAIL PARK 2ND ADD. HYPER DRIVE WATERLOO, IA 50701 OWNER OF RECORD: 3 STOOGES LLC 5570 HWY V37 DYSART, IOWA 52224 SITE PLAN PREPARED BY: PROJECT MANAGER: ADAM DATERS CLAPSADDLE-GARBER ASSOCIATES, INC 16 EAST MAIN STREET MARSHALLTOWN, IOWA 50158 PH 641-752-6701 W W W.CGACONSULTANTS.COM DATE OF PREPARATION: 03-31-2023 FIELD WORK COMPLETED: 02-20-2023 LEGAL DESCRIPTION: WATERLOO AIR AND RAIL PARK THIRD ADDITION LOTS 1 AND 2 DESIGNED: DRAWN: ---- DATE. ---- DATE. ---- DATE ---- DATE ---- 5214332.9990 5213312.2620 5213311.4970 5213619.2160 5213926.3560 5214207.5570 5214216.6310 ELEV. DESCRIPTION 870.2790 870.9240 870.8710 870.4970 868.9470 867.6150 867.5940 NOTES: 5/8" REBAR W/ WHITE PLASTIC CAP MAG NAIL MAG NAIL MAG NAIL MAG NAIL MAG NAIL MAG NAIL 1. ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. 2. ALL UNDERGROUND UTILITIES ON THIS SITE HAVE BEEN LOCATED AT ASCE LEVEL C OR D SURVEY QUALITY. 3. UTILITY LINETYPES WITH A QUALITY LEVEL INDICATOR (1) HAVE BEEN LOCATED PER THE FOLLOWING ASCE STANDARD GUIDELINE FOR THE COLLECTION & DEPICTION OF EXISTING SUBSURFACE UTILITY DATA" : (A) - PRECISE HORIZONTAL & VERTICAL LOCATION OF UTILITIES OBTAINED BY THE ACTUAL EXPOSURE (OR VERIFICATION OF PREVIOUSLY EXPOSED & SURVEYED UTILITIES) & SUBSEQUENT MEASUREMENT OF SUBSURFACE UTILITIES, USUALLY AT A SPECIFIC POINT. MINIMALLY INTRUSIVE EXCAVATION EQUIPMENT IS TYPICALLY USED TO MINIMIZE THE POTENTIAL FOR UTILITY DAMAGE. A PRECISE HORIZONTAL & VERTICAL LOCATION, AS WELL AS OTHER UTILITY ATTRIBUTES, IS SHOWN ON PLAN DOCUMENTS. ACCURACY IS TYPICALLY SET TO 15- MM VERTICAL & TO APPLICABLE HORIZONTAL SURVEY & MAPPING ACCURACY AS DEFINED OR EXPECTED BY THE PROJECT OWNER. (B) -INFORMATION OBTAINED THROUGH THE APPLICATION OF APPROPRIATE SURFACE GEOPHYSICAL METHODS TO DETERMINE THE EXISTENCE & APPROXIMATE HORIZONTAL POSITION OF SUBSURFACE UTILITIES. QUALITY LEVEL B DATA SHOULD BE REPRODUCIBLE BY SURFACE GEOPHYSICS AT ANY POINT OF THEIR DEPICTION. THIS INFORMATION IS SURVEYED TO APPLICABLE TOLERANCES DEFINED BY THE PROJECT & REDUCED ONTO PLAN DOCUMENTS. (C) -INFORMATION OBTAINED BY SURVEYING & PLOTTING VISIBLE ABOVE -GROUND UTILITY FEATURES & BY USING PROFESSIONAL JUDGEMENT IN CORRELATING THIS INFORMATION TO QUALITY LEVEL D INFORMATION. (D)- INFORMATION DERIVED FROM EXISTING RECORDS OR ORAL RECOLLECTIONS. UTILITY COMPANIES THE FOLLOWING UTILITIES ARE PRESENT ON THIS PROJECT CENTURYLINK TOM STURMER 720-578-8090 MEDIACOM BRIAN KADNER 845-867-0932 MIDAMERICAN (ELECTRIC) LUKE JOHNSON 319-291-4676 MIDAMERICAN (GAS) MOLLY BROUWER 319-291-4737 WATERLOO WATER WORKS CHAD COON 319-232-6280 CITY OF WATERLOO ENGINEERING JAMIE KNUTSON 319-291-4512 WATERLOO PUBLIC WORKS RANDY BENNETT 319-291-4267 NOTE: TYPICAL DEPTH OF COVER ON WATERMAIN PIPE IN WATERLOO IS 6 FT. UNDERGROUND STRUCTURES, FACILITIES, AND UTILITIES HAVE BEEN PLATTED FROM AVAILABLE SURVEYS, RECORDS AND DEEDS. THEREFORE THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE ONLY. THERE MAY BE OTHERS, THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN. NO. REVISION BY DATE NO. REVISION BY DATE CGA Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsultanis.com CHECKED: ACD APPROVED: ACD HYPER DRIVE WAREHOUSE WATERLOO, IOWA SYMBOLS, LEGEND, AND GENERAL INFORMATION PROJECT NO. 23-DS-0051 SHEET NO. C 101 Page 102 of 530 0 (Existing Conditions).dwg wgs\5 Sheets \23-D PCC It- 7111 RIP RAPi111 I 8" RCP FL=865.84= _ ELEC. FIRE HYDRANT CTRL #6D1 MH RIM ELEV=870.85 I MH _ R1M ELEV=870.59-•"�hWif-sen6ri 7 — — (HE FIBER 18" F CP FL=865 ACG BURIED El EC. FLAG II BURIED E-EC FLAG 0,CD FI FI STORM MH ELEV-870.87 (N) 18" RCP FL: 866.02 l (S) 18" RCP FL: 865.97 8" RCP FL=865.301PE WITH GRATE FL: 866.83 � 8787t� m I I I-1 I I DRAINAGE AND UTILITY EASMENT 1711 (IIill II II I"I 1111 j "in 0111 II 111111�111,��D, I I I I I I IIII IIIII �SAN MH I RIM ELEV=866.87 1111 11r' j11 1111111 P EAD ;I�I 1 1('''11 11 FIEFLA1I 11111 II� ER FLAG-1 I EFLAG Icy1r111111 ,g69, R Ili 11i1�II�-1�� LLII�IIII =�1 �111I 111 11'1� IIII 1 I111 IIIIIIII II 1, 111 I II I 1 1111 1 �1 11101 iv 911 IIII 334.49' MHhy„ RIM ELEV=870.46 STORM MH RIM ELEV=870.47�, (N) 24" RCP FL: 866.21 (E) 24" RCP FL: 866.2 A FIRE HYDRANT BM #660 TRL #603 875 MH RIB MELEV=869.59 / / / 7 60.0' SANITARY SEWER, 87C 7 LOT 1 4.96 AC WATERLINE STUB MARKER_ _ 7 7 7 / 7 7 7 7 �G7_ UER FLAG-i 1 1 r— = _ — =-a66 — — _ — L 1-I _ —8 65- _ _ L`j�SAN LE - _--_ — ---662- RIMELEV=865.38� — — r — — — — • 1 - _ 343.40-- — — — J// — FIRE HYDRANT_ CTRL #604— Ilol xlo ..,o) ,..6r M10, STORM MH� -MH ELEV=868.91 RIM ELEV=868.86 (N)18" RCP FL 864.57 "mom-'(W) 24" RCP FL 864.66,-\ -STORM INTAKE 81 = ELEV=868.87 • (NW) 8" METAL PIPE WITH GRATE FL: 865.1 — — 275.04. SAN-L4N B MARKE-1 WATERLINE STUB MARKER -868 PCC MH _RIM ELEV-867 54 1 I I I� = sa- n(__, 1) Iu.I 1 l' I i � — ��� � 1, \� —_ - STORMMH FIRE HYDRANT�4—RIM ELEV=86767 I— rCTRL#606 N I /` RIM ELEV=867.61 R xwnw.n5d5 / 7 / 7 / 7 / / LOT 2 / 4.03 AC / P P\OPQO O P / 7 / / PROPOSED PROPERTY LINE 616.42' 7 i i 862',65 864- �/ 865-- —866— 275.04' 7 4, w 7 / / DESIGNED: ---- DATE- ---- DRAWN: ---- DATE - CHECKED: ACD DATE ---- APPROVED: ACD DATE ---- / 274.98' WATERLINE STUB MARKER LOT 1 4.03/AC / 27.4. 95- STORM MHg RIM ELEV=867.56- \ GENERAL DEMOLITION NOTES: ADJOINING PROPERTIES SHALL BE PROTECTED DURING DEMOLITION OPERATIONS. DEBRIS ON ADJOINING PROPERTIES SHALL BE CAREFULLY REMOVED BY CONTRACTOR. ANY DAMAGE TO EXISTING PAVEMENT TO REMAIN DUE TO CONSTRUCTION ACTIVITIES SHALL BE REPAIRED AT THE CONTRACTOR'S EXPENSE. ALL EFFORTS SHALL BE MADE TO NOT DISTURB EXISTING PAVEMENT TO REMAIN. REMOVE ALL SIGNS, LIGHTS, POSTS, POLES,WALLS, AND ASSOCIATED FOUNDATIONS AS INDICATED. BACKFILL ALL HOLES AND DEPRESSIONS WITH SUITABLE SOIL. CONTRACTOR SHALL SUPPLY DETAILED CONSTRUCTION SCHEDULE TO THE CITY. ONE WEEK PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL NOTIFY: A. CITY OF WATERLOO B. OWNER C. CLAPSADDLE-GARBER ASSOCIATES, INC. CONTRACTOR SHALL DISPOSE OF PAVEMENT & FENCING OFF -SITE ALL CONSTRUCTION MATERIALS, DUMPSTERS, DETACHED TRAILERS, OR SIMILAR ITEMS ARE PROHIBITED ON PUBLIC STREETS OR WITHIN THE PUBLIC RIGHT-OF-WAY. 6, //- 36" RCP FL=860.65 III wco N RIP RAP JC1. 1 36" RCP =860.49 N KEY DEMOLITION CONSTRUCTION NOTES: REMOVE CONCRETE CURBS TO NEAREST JOINT LINE OR AS INDICATED. ® REPLACE STORM SEWER INTAKE TOP. GRAPHIC SCALE 40' 80' 120' NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsultanis.com HYPER DRIVE WAREHOUSE WATERLOO, IOWA EXISTING CONDITIONS PROJECT NO. 23-DS-0051 SHEET NO. C.110 Page 103 of 530 wgs\5 Sheets \23-D W(D) W(D)— — — — wlq an(D) GI EXISTING SW-507. (N) 24" RCP FL: 866.21 (E) 24" RCP FL: 866.20 6" SUBDRAIN W/ 8" RODENT GUARD GRATE FL: 866.86 EX. RIM: 870.47 REMOVE THE SW-507 AND REPLACE WITH A MODIFIED SW-503 WITH AN SW-603 TYPE S GRATE WITH THE MH FRAME BEING AN EJ-2450 WITH AN EJ-1040A COVER, OR EQUAL. PROP FG: 870.15 W(D) W(D) an(D) San(D) 8" WATER SERVICE TO BE REMOVED. DISCONNECT AT TEE AND INSTALL SLEEVE. SALVAGE EXISTING VALVE TO OWNER. J 71.89' 109.12' a ® 1 1 I 8' DUCTILE IRON SERVICE INSTALL 12" X 8" TAPPING SLEEVE WITH 8' VALVE II 31 GRAPHIC SCALE 1 -�, 112.09' I 79.82' 0 40' 80' 120' NO. N co REVISION 01/ 8 100' I I 1" COPPER WATER SERVICE I I I I INSTALL 1" GATE VALVE BY DATE (0) NO. REVISION D) I I I PROPOSED BUILDING I QI I I I I I I I PROPERTY LINE BY DATE WID) W(0 HYPER DRIVE 86 90' FL: 866.29 F : AI W(D) -�� 236 LF 6" HDPE PIPE @ 0.50% 30' LOADING DOCK (TYP) I Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 31 g-266-0256 www.cgaconsultanis.com DESIGNED: ---- DRAWN: ---- 8" WATER SERVICE TO BE REMOVED. DISCONNECT AT TEE AND INSTALL SLEEVE. SALVAGE EXISTING VALVE TO OWNER. W(D) W(D)— — — —w(u) 132' CHECKED: ACD APPROVED: ACD A 83.24' FL:I 865.81 97 LF 18°HDPE PIPE @ 0.50% Wm) W(D)7 40' DRAINAGE EASEMENT I EX LOT LINE ! I I I -) -FL: 864.34 3N1 ,11433dOHd 44.31' f FL: 862.26-N, DATE. ---- DATEE ---- DATE ---- DATE ---- • W(D)— — — HYPER DRIVE WAREHOUSE WATERLOO, IOWA TRAFFIC CONTROL NOTES 1. ALL TRAFFIC CONTROL DEVICES & BARRIERS SHALL BE FURNISHED, ERECTED, MAINTAINED, & REMOVED BY THE CONTRACTOR. 2. PROPOSED CHANGES TO THE TRAFFIC CONTROL PLAN SHALL BE REVIEWED WITH THE ENGINEER BEFORE CHANGES ARE MADE. 3. ACCESS TO NEIGHBORING BUILDINGS SHALL BE MAINTAINED AT ALL TIMES. 4. ALL UTILITY WORK WITHIN THE PUBLIC R.O.W. SHALL CONFORM TO THE CITY OF WATERLOO STANDARDS & THE CURRENT ADDITION OF THE MUTCD. 5. TWO-WAY TRAFFIC SHALL BE MAINTAINED AT ALL TIMES ALONG HYPER DRIVE. 6. THE CONTRACTOR SHALL USE CARE WHEN WORKING UNDER/OVER/AROUND ELECTRICAL LINES. 7. FLASHING OR STEADY BURN WARNING LIGHTS ARE REQUIRED ON TYPE II BARRICADES FOR OVERNIGHT CLOSURES. 8. WORK AREA MUST BE ENCLOSED WITH BARRICADES, FENCING, OR A COMBINATION OF THE TWO. GENERAL LAYOUT NOTES: N 1. ALL DIMENSIONS ARE TO BACK OF CURB UNLESS OTHERWISE NOTED. 2. ALL WORK SHALL BE IN ACCORDANCE WITH OSHA CODES & STANDARDS. NOTHING INDICATED ON THESE DRAWINGS SHALL RELIEVE THE CONTRACTOR FROM COMPLYING WITH APPROPRIATE SAFETY REGULATIONS. 3. SIGHT LIGHTING SHALL BE DETERMINED BY THE OWNER. 4. ALL DISTURBED AREAS SHALL BE SEEDED, FERTILIZED & MULCHED UNLESS OTHERWISE NOTED IN PLANS. REFER TO LANDSCAPING PLAN. 5. ANY DAMAGE TO THE PAVEMENT NOT SHOWN FOR REMOVAL ON THE PLANS DUE TO CONSTRUCTION ACTIVITIES SHALL BE REPAIRED AT THE CONTRACTORS EXPENSE. ALL EFFORTS SHALL BE MADE TO NOT DISTURB EXISTING PAVEMENT. 6. COORDINATE GAS, ELECTRIC, TELEPHONE, & FIBER OPTIC WITH RESPECTIVE UTILITY COMPANIES. 7. ALL CONSTRUCTION MATERIALS, DUMPSTERS, DETACHED TRAILERS, OR SIMILAR ITEMS ARE PROHIBITED ON PUBLIC STREETS OR WITHIN PUBLIC RIGHT-OF-WAY. 8. RETAINING WALLS NEED TO DESIGNED ALONG WITH WALL ELEVATIONS BY A LICENSED STRUCTURAL ENGINEER. CONSTRUCTION DETAILS INSTALL 6" PCC PAVEMENT SECTION (5,632 SY) INSTALL 4" PCC SIDEWALK PAVEMENT SECTION (30 SY) INSTALL 12" GRAVEL SECTION (8,886 SY) i`�gZ_ )OC lC INSTALL 6" CURB INTERGAL PCC CURB & GUTTER INSTALL CURB RUNOUT INTERNATIONAL SYMBOL OF ACCESSIBILITY PARKING SPACES MARKING CONCRETE DRIVEWAY, TYPE B WITH RADII LOADING DOCK TRENCH DRAIN MODIFIED SW-503 WITH SW-603 TYPE S SINGLE GRATE INTAKE WITH MANHOLE LEGEND: PROPOSED ULTIMATE PARKING jjjA PROPOSED ULTIMATE SIDEWALK CONSTRUCTION NOTES: INSTALL PROPOSED BUILDING (BY OTHERS) ®LIVE TAP 8" WATER SERVICE TO EXISTING 12" WATER MAIN PER WATERLOO WATER WORKS SPECIFICATIONS. COORDINATE ALL WITH WATERLOO WATER WORKS. INSTALL 12" X 8" TAPPING SLEEVE WITH 8" VALVE. INSTALL 1" DOMESTIC SERVICE WITH 1" VALVE OFF OF 8" FIRE SERVICE LINE. ©INSTALL 6" SANITARY SEWER SERVICE. SLOPE MUST BE 1% OR GREATER ®INSTALL 18" HDPE CULVERT ®INSTALL 653 LF 6" HDPE SUBDRAIN OINSTALL SUBDRAIN CLEANOUT ©INSTALL PROPOSED RETAINING WALL. (RETAINING WALL STRUCTURAL DESIGN BY OTHERS) $INSTALL SUBDRAIN RODENT GUARD OINSTALL RIP -RAP W/ ENGINEERING FABRIC AT LOW POINT OVERALL LAYOUT PLAN PROJECT NO. 23-DS-0051 SHEET NO. C 200 Page 104 of 530 wgs\5 Sheets \23-D PI -1---W(D) W(D) 69 Jr. Ili /( II111 III 868.57_ If 1i I aI,- I 1 I II III I I I 1 I!I 869.98 1 IT L� )I 11 I E u11 T I �I.34 I41II ilI IL,I 1 I I 19 1141_1�� I �9.98 I I 1 1 11i 1ll III I111II IoI III1 11L1II 4( I(, I ��1I IIiI'll Ili II,1111 H.,, 111,1 1 l Sup - - -San(0) \ W(D)-- HYPER DRIVE San(0) 090011- - - I--Sen(0) - MATCH EXIS➢NG870.48 / I MATCH EWSTING 87044 MATCH EXISTING i0C 870.3 1 I I21 II 1I 9 I it / Iil1 m1111 / / sI1 11�1 1 - -_-_-�\�-- - -- � �I II II� ___----__-_L_-_-_-_--- ------ _)ram---- - - --- 868.68 q or 871.50 871.50 1871.50 ��)0 I 8(T 871.50 87150 I I 8�1.00 / I I I I I I I �II I_ I V I I I I I j/ I e�so I I I FFE : 871.50 1 I I a7I00 A, 1 I I I y - I I I o# 1871.29 I 1 871.21 I I 8I1.00 9, 2.0% 1�p 0S� 2.0% r ,`p: / I i�vy \\ ��T\\ ,I, f, MB �J m- I��41ar�4� /�WC J-V� �� lei 871Or��7$ st Aal te` 871.I_ _�i-�� . �� �' :I,- 4:- �.��.�1.��WO, .�O 86,g �.^�.��.A! �� 870.1 ,� �ti��.A� 0 9% :.��.�! ^� (41.li "dr"0 • • •• • • • .�! 0.8% 4P, • • • • •` I • N • • • �• 1•I •AP A •AP•I •I • I=� •I •I •I •I •I •L•I �I •I •I •I •At, •I •I 010 -.�_�006, •� •� •� �� ��Iii.. lip •� �� O.a% �i i •i •i •i.�i ai i •i ILL 7•'Y 866 58 867 3° 8fi8-"1 871.00 870.84 (TOC) -869 / / / 870 870.75 (TOC) - )--- a1� W(D)- - - - �4V 0) gym- v_ F"F WID) WID) MATCH RISING 869.20- c MATCH EXISTING 870.13 MATCH IXISIING 86970 - - MATCH EXISTING 86916- .. r � •` 869 MATCH RISING TOC 870.14 0-._ 870.44_S8g-MArCH EXISI1NGi0C 969.63 869.88 -�` ��/I (TOC)zu % (TOC) � ��I 866.36 LP� 0.5% 870.75 g7p (TOC) 870.09 h' 1 ('29 -867 (TOC) � I 8`710.gq II 2oi` \33 8fi8- es QQ���'�ii" s e , j % %o ra ra ,tee W(D W(0) �.J - Jw1D). W(0)-r W(D) W(D) W(D)L - - - WIG'> \ MATCH E%1STING 868.92 I I I I1871 S0 1 868.50 a67.77 867.04 I 869.9I 869 98 868.03 MATCH EXISTING 868.58 MATCH EXISTING 868.55 Sp(U MATCH FASTING TOC 869.02 4.0:1 4.0:1 40' DRAINAGE EASEMENT / i a�868 al N MATCH EXISTING 868.45 - MATCH IXISPNG 868.71 / / N MATCH EXISTING 86803 / / / t---S1SN)-!- S \ \ N • I r 11 I 111 1 I/ 1 --�__ _-____--------------- - ___= _ ==----1111 I w I / \ \ I \ \ - _ ---1tl-llll1l \\ DESIGNED: ---- DATE. ---- N GENERAL GRADING NOTES 1. SLOPES SHALL NOT BE GREATER THAN 4:1 2. GRADE TO DRAIN AWAY FROM ALL BUILDINGS. 3. SIDEWALK CROSS SLOPES SHALL NOT EXCEED 2%. CONTRACTOR SHALL TARGET 1.5% CROSS SLOPE. 4. STRIP TOPSOIL TO A MINIMUM OF 8" & STOCKPILE AS PER PLAN. RESPREAD TOPSOIL AT LEAST 8" DEEP AS PER SPECIFICATIONS. LEGEND TOC TOP OF CURB HP HIGH POINT LP LOW POINT T/W TOP OF WALL B/W BOTTOM OF WALL 2.0% PROPOSED SLOPE PROPOSED DRAINAGE PATTERN FINISHED FLOOR ELEVATIONS FINISHED FLOOR = 871.50 EARTHWORK SUMMARY EARTHWORK CUT 5,892 CY FILL + 30% 6,643 CY BORROW 751 CY EARTHWORK SUMMARY TOPSOIL CUT 7,238 CY FILL + 30% 3816 CY WASTE 3422 CY GRAPHIC SCALE 40' 80' 120' NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsultanis.com DRAWN: ---- DATE- ---- CHECKED: ACD APPROVED: ACD DATE- ---- DATE- ---- HYPER DRIVE WAREHOUSE WATERLOO, IOWA OVERALL GRADING PLAN PROJECT NO. 23-DS-0051 SHEET N0. C 300 Page 105 of 530 E E wgs\5 Sheets \23-D BLACK HAWK COUNTY, CITY OF WATERLOO POLLUTION PREVENTION PLAN ALL CONTRACTORS/SUBCONTRACTORS SHALL CONDUCT THEIR OPERATIONS IN A MANNER THAT MINIMIZES EROSION AND PREVENTS SEDIMENTS FROM LEAVING THE SITE AS DESCRIBED BELOW. THE PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR COMPLIANCE AND IMPLEMENTATION OF THE POLLUTION PREVENTION PLAN (PPP) FOR THEIR ENTIRE CONTRACT. THIS RESPONSIBILITY SHALL BE FURTHER SHARED WITH SUBCONTRACTORS WHOSE WORK IS A SOURCE OF POTENTIAL POLLUTION AS DEFINED IN THIS PPP. 1. SITE DESCRIPTION THIS POLLUTION PREVENTION PLAN (PPP) IS FOR THE HYPER DRIVE WAREHOUSE SITE IN WATERLOO, IOWA INCLUDING REMOVALS, GRADING, PAVING, UTILITIES & BUILDING ERECTION. THIS PPP COVERS APPROXIMATELY 6.94 ACRES WITH AN ESTIMATED 6.94 ACRES BEING DISTURBED. THE PORTION OF THE PPP COVERED BY THIS CONTRACT HAS 6.94 ACRES BEING DISTURBED. THE PPP IS LOCATED IN AN AREA OF WIOTA SILTY CLAY LOAM & SPARTA LOAMY FINE SAND SOIL ASSOCIATION. REFER TO THIS SHEET, AND THE GRADING SHEET FOR LOCATIONS OF TYPICAL SLOPES, DITCH GRADES, AND MAJOR STRUCTURAL AND NONSTRUCTURAL CONTROLS. A COPY OF THIS PLAN WILL BE ON FILE AT THE PROJECT ENGINEER'S OFFICE. 2. POTENTIAL SOURCES OF POLLUTION SITE SOURCES OF POLLUTION GENERATED AS A RESULT OF THIS WORK RELATE TO SILTS AND SEDIMENT WHICH MAY BE TRANSPORTED AS A RESULT OF A STORM EVENT. HOWEVER, THIS PPP PROVIDES CONVEYANCE FOR OTHER NON -PROJECT RUNOFF THAT IS BEYOND THE CONTROL OF THIS PPP. POTENTIALLY THIS RUNOFF CAN CONTAIN VARIOUS POLLUTANTS RELATED TO SITE -SPECIFIC LAND USES. EXAMPLES ARE: COMMERCIAL AND INDUSTRIAL ACTIVITIES - RUNOFF FROM COMMERCIAL, INDUSTRIAL, AND COMMERCE LAND USE MAY CONTAIN CONSTITUENTS ASSOCIATED WITH THE SPECIFIC OPERATION. SUCH OPERATIONS ARE SUBJECT TO POTENTIAL LEAKS AND SPILLS WHICH COULD BE COMMINGLED WITH RUNOFF FROM THE FACILITY. POLLUTANTS ASSOCIATED WITH COMMERCIAL AND INDUSTRIAL ACTIVITIES ARE NOT READILY AVAILABLE SINCE THEY ARE TYPICALLY PROPRIETARY. 3. CONTROLS PRIOR TO BEGINNING GRADING, EXCAVATION, OR CLEARING AND GRUBBING OPERATIONS. VEGETATION IN AREAS NOT NEEDED FOR CONSTRUCTION SHALL BE PRESERVED. AS AREAS REACH THEIR FINAL GRADE, ADDITIONAL SILT FENCES, SILT BASINS, COMPOST FILLED SOCKS, INTERCEPTING DITCHES, SOD FLUMES, LETDOWNS, BRIDGE EDGE DRAINS, AND EARTH DIKES SHALL BE INSTALLED AS SPECIFIED IN THE PLANS AND/OR AS REQUIRED BY THE PROJECT ENGINEER. THIS WILL INCLUDE USING SILT FENCE OR EQUIVALENT AS DITCH CHECKS AND TO PROTECT INTAKES. TEMPORARY STABILIZING MULCH SHALL BE COMPLETED AS THE DISTURBED AREAS ARE CONSTRUCTED. STABILIZATION OF DISTURBED AREAS MUST, AT A MINIMUM, BE INITIATED IMMEDIATELY WHENEVER CLEARING, GRADING, EXCAVATING OR OTHER EARTH DISTURBING ACTIVITIES HAVE PERMANENTLY CEASED ON ANY PORTION OF THE SITE OR TEMPORARILY CEASED ON ANY PORTION OF THE SITE AND WILL NOT RESUME FOR A PERIOD EXCEEDING 14 CALENDAR DAYS (0/14 DAY RULE). OTHER STABILIZING METHODS SHALL BE USED OUTSIDE THE SEEDING PERIOD. THIS WORK SHALL BE DONE IN ACCORDANCE WITH SECTION 9040 "EROSION CONTROL" OF THE URBAN STANDARD SPECIFICATION FOR PUBLIC IMPROVEMENT (SUDAS). AS THE WORK PROGRESSES, ADDITIONAL EROSION CONTROL ITEMS SUCH AS STRAW BALE BARRIER, SEDIMENT TRAPS, AND OTHER APPROPRIATE MEASURES SHALL BE INSTALLED BY THE PRIME OR SUBCONTRACTOR AS DETERMINED BY THE ENGINEER AFTER FIELD INVESTIGATION. THE CONSTRUCTION WILL BE COMPLETED WITH THE ESTABLISHMENT OF PERMANENT PERENNIAL VEGETATION OF ALL DISTURBED AREAS. 4. OTHER CONTROLS CONTRACTOR DISPOSAL OF UNUSED CONSTRUCTION MATERIALS AND CONSTRUCTION MATERIAL WASTES SHALL COMPLY WITH APPLICABLE STATE AND LOCAL WASTE DISPOSAL, SANITARY SEWER, OR SEPTIC SYSTEM REGULATIONS. IN THE EVENT OF A CONFLICT WITH OTHER GOVERNMENTAL LAWS, RULES AND REGULATIONS, THE MORE RESTRICTIVE LAWS, RULES OR REGULATIONS SHALL APPLY. 5. APPROVED STATE OR LOCAL PLANS DURING THE COURSE OF THIS CONSTRUCTION, IT IS POSSIBLE THAT SITUATIONS WILL ARISE WHERE UNKNOWN MATERIALS WILL BE ENCOUNTERED. WHEN SUCH SITUATIONS ARE ENCOUNTERED, THEY WILL BE HANDLED ACCORDING TO ALL FEDERAL, STATE AND LOCAL REGULATIONS IN EFFECT AT THE TIME. 6. MAINTENANCE THE CONTRACTOR IS REQUIRED TO MAINTAIN ALL TEMPORARY EROSION CONTROL MEASURES IN PROPER WORKING ORDER, INCLUDING CLEARING, REPAIRING, OR REPLACING THEM THROUGHOUT THE CONTRACT PERIOD. CLEANING OF SILT CONTROL DEVICES SHALL BEGIN WHEN THE FEATURES HAVE LOST 50% OF THEIR CAPACITY. 7. INSPECTIONS INSPECTIONS SHALL BE MADE JOINTLY BY THE CONTRACTOR AND THE CONTRACTING AUTHORITY EVERY SEVEN CALENDAR DAYS. THE CONTRACTOR SHALL IMMEDIATELY BEGIN CORRECTIVE ACTION ON ALL DEFICIENCIES FOUND. THE FINDINGS OF THIS INSPECTION SHALL BE RECORDED IN THE PROJECT DIARY. THIS PPP MAY BE REVISED BASED ON THE FINDINGS OF THE INSPECTION. THE CONTRACTOR SHALL IMPLEMENT ALL REVISIONS. ALL CORRECTIVE ACTIONS SHALL BE COMPLETED WITHIN 3 CALENDAR DAYS OF THE INSPECTION. 8. NON -STORM DISCHARGES THIS INCLUDES SUBSURFACE DRAINS (I.E. LONGITUDINAL AND STANDARD SUBDRAINS), SLOPE DRAINS AND BRIDGE END DRAINS. THE VELOCITY OF THE DISCHARGE FROM THESE FEATURES MAY BE CONTROLLED BY THE USE OF PATIO BLOCKS, CLASS A STONE OR EROSION STONE. 9. GENERAL NOTES A. THE ABOVE PLAN IS NOT THE COMPLETE STORM WATER PREVENTION PLAN (SWPPP), BUT RATHER A PART OF THE SWPPP THAT IS TO BE UPDATED REGULARLY BY THE CONTRACTOR. IT IS PRIME CONTRACTORS RESPONSIBILITY TO DEVELOP AND UPDATE THE SWPPP PLAN AS NEED AS WELL AS CONDUCT ANY NECESSARY INSPECTIONS IN ACCORDANCE WITH IOWA DNR AND EPA GUIDELINES. THE CONTRACTOR SHALL BE RESPONSIBLE FOR IDENTIFYING ANY DEFICIENCIES, CORRECTING THOSE DEFICIENCIES IMMEDIATELY AND DOCUMENTING SUCH WITH THE SWPPP. ALL EROSION CONTROL ITEMS EXCEPT THE TURF REINFORCEMENT MAT SHALL BE REMOVED AT THE END OF THE PROJECT. B. ALL STOCK PILES NOT INTENDED TO BE REDISTRIBUTED FOR A PERIOD EXCEEDING 14 CALENDAR DAYS (0/14 DAY RULE) MUST BE SEEDED OR OTHERWISE CONTROLLED WITH EROSION CONTROL FEATURES BY THE 14TH CALENDAR DAY (0/14 DAY RULE) AFTER STOCK PILING. STOCK PILE LOCATIONS SHALL BE APPROVED BY THE OWNER. C. THE GENERAL CONTRACTOR SHALL PROVIDE CONTAINMENT OF ALL SOURCES OF POTENTIAL POLLUTION INCLUDING FUELING AREA, PORTABLE SANITARY FACILITIES, WASTE DEPOSITORY AREAS (DUMPSTER LOCATIONS), AND OTHER POLLUTION SOURCES. ALL AREAS WHERE CONCRETE TRUCKS ARE WASHED OUT SHALL BE DEFINED AND CONTAINED ON SITE. CONCRETE WASHOUT AREA SHALL BE CLEARLY MARKED AND THE CONTRACTOR SHALL CLEAN OUT THIS AREA PRIOR TO FINALIZING THE PROJECT (INCIDENTAL). ALL EROSION CONTROL DEVICES MUST BE MAINTAINED AS STATED IN THE POLLUTION PREVENTION PLAN. D. CONTRACTOR SHALL TAKE PRECAUTIONS TO INSURE THAT EQUIPMENT, VEHICLES, AND PLANTING OPERATIONS DO NOT DISTURB OR DAMAGE EXISTING GRADES, WALLS, DRIVES, PAVEMENT, UTILITIES, PLANTS, LAWNS, IRRIGATION SYSTEMS, AND OTHER FACILITIES. REPAIR, REPLACE, AND/OR RETURN TO ORIGINAL CONDITION ANY DAMAGED ITEM, WITHOUT ADDITIONAL COMPENSATION. E. THE CONTRACTOR SHALL PREVENT ACCUMULATION OF EARTH, SILTATION, OR DEBRIS ON ADJOINING PUBLIC OR PRIVATE PROPERTY FROM THE PROJECT SITE. REMOVE ANY ACCUMULATION OF EARTH OR DEBRIS IMMEDIATELY AND TAKE REMEDIAL ACTIONS FOR PREVENTION. POLLUTION PREVENTION PLAN LEGEND: OA INSTALL SILT FENCE OR COMPOST FILLED SOCK - TO BE REMOVED AT THE END OF THE PROJECT. • INSTALL INLET PROTECTION - TO BE REMOVED AT THE END OF THE PROJECT. C. INSTALL CONCRETE WASH OUT AREA - TO BE REMOVED & RESTORED AT THE END OF THE PROJECT. Op INSTALL EXCELSIOR MATT O INSTALL STABILIZED CONSTRUCTION ENTRANCE. • PIPE OUTLET EROSION PROTECTION - INSTALL PER SUDAS 9040.110 CLASS E RIP -RAP • INSTALL COMPOST TUBE SOCK - TO BE REMOVED AT END OF PROJECT - INSTALL PER SUDAS 9040.102 O O INSTALL DITCH CHECKS PRIOR TO GRADING UNTIL THE REST OF PROTECTION CAN BE INSTALLED Sop) �D)� HYPER DR. San I) AAAA AAAA' DESIGNED: ---- Of® Ov W(0) 7 N N 7 W(D) 7 7 W(D)— — GRAPHIC SCALE 50' 100' 150' NO. REVISION DITCH CHECKS BY RRH DATE 05-18-23 N0. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsultanis.com DRAWN: ---- CHECKED: ACD APPROVED: ACD DATE. ---- DATEE ---- DATEE ---- DATE- ---- HYPER DRIVE WAREHOUSE WATERLOO, IOWA STORM WATER PREVENTION AND POLLUTION PLAN PROJECT NO. 23-DS-0051 SHEET NO. C.310 Page 106 of 530 wgs\5 Sheets \23-D W(D) W(D)— — —L —WO n(D) San(D) S nm) S nm) AR (1) 5 s vor i fpw >SR(1) SR ( ) W)D) W(D) Wm)— — — — L W(D)— AC (1) an(D) PROPOSED BUILDING W(D AR (1) r AC (1) 7 I I I I I I I I I I I I I I I I I I I I I I I I I I I Wm) AR (1) W(D) W(D)— — • — — 4D) DESIGNED: ---- DATE. ---- W(D) W)D) — r — — —San(D) ms(4— t — — — 51s(u) W(D)— N W)D)L PLANT SCHEDULE KEY BOTANICAL NAME COMMON NAME QTY. SIZE Deciduous Overstory Trees AR Acer rubrum Red Maple 5 1" Container or 2" BB Evergreen Trees AC Abies concolor Concolor Fir 3 4' B&B Ornamental Trees SR Syringa reticula Ivory Silk' Ivory Silk Japanese Tree Lilac 4 1.5" BB LANDSCAPE NOTES: 1. PLANT QUANTITIES ARE FOR INFORMATION ONLY; DRAWING SHALL PREVAIL IF CONFLICT OCCURS. CONTRACTOR IS RESPONSIBLE FOR CALCULATING OWN QUANTITIES AND BASING BID ACCORDINGLY. 2. CONTRACTOR SHALL PLACE SHREDDED HARDWOOD BARK MULCH AROUND ALL TREES AND IN ALL PLANTING BEDS TO A DEPTH OF 3". WALNUT PRODUCTS ARE PROHIBITED. 3. KIND, SIZE AND QUALITY OF PLANT MATERIAL SHALL CONFORM TO AMERICAN STANDARD FOR NURSERY STOCK, ANSI 260-2004, OR MOST RECENT EDITION. 4. THE CONTRACTOR SHALL REPORT SUBSURFACE SOIL OR DRAINAGE PROBLEMS TO THE ENGINEER. 5. THE CONTRACTOR SHALL SHOW PROOF OF PROCUREMENT, SOURCES, QUANTITIES AND VARIETIES FOR ALL SHRUBS, PERENNIALS, ORNAMENTAL GRASSES WITHIN 21 DAYS FOLLOWING THE AWARD OF CONTRACT. TIMELY PROCUREMENT OF ALL PLANT MATERIAL IS ESSENTIAL TO THE SUCCESSFUL COMPLETION AND INITIAL ACCEPTANCE OF THE PROJECT. 6. SUBSTITUTIONS SHALL ONLY BE ALLOWED WHEN THE CONTRACTOR HAS EXHAUSTED ALL SOURCES FOR THE SPECIFIED MATERIAL, AND HAS PROVEN THAT THE SPECIFIED MATERIAL IS NOT AVAILABLE. THE CONTRACTOR MUST PROVIDE NAME AND VARIETY OF SUBSTITUTION TO THE ENGINEER FOR APPROVAL PRIOR TO TAGGING OR PLANTING. SUBSTITUTIONS SHALL BE NEAREST EQUIVALENT SIZE OF VARIETY OF PLANT HAVING SAME ESSENTIAL CHARACTERISTICS. 7. ALL PLANT MATERIAL SHALL BE NURSERY GROWN, SOUND, HEALTHY, VIGOROUS AND FREE FROM INSECTS, DISEASE AND INJURIES, WITH HABIT OF GROWTH THAT IS NORMAL FOR THE SPECIES. SIZES SHALL BE EQUAL TO OR EXCEEDING SIZES INDICATED ON THE PLANT SCHEDULE. THE CONTRACTOR SHALL SUPPLY PLANTS IN QUANTITY AS SHOWN ON DRAWINGS. 8. TAKE OR PLACE ALL PLANTS IN FIELD AS INDICATED ON THE DRAWINGS OR AS DIRECTED BY THE ENGINEER FOR APPROVAL BY THE OWNER PRIOR TO PLANTING. 9. ALL DISTURBED AREAS NOT OTHERWISE COVERED BY BUILDING, PAVEMENT, AND LANDSCAPE BEDS SHALL BE SODDED WITH TYPE 1 LAWN MIXTURE AS APPROVED BY THE OWNER. GRAPHIC SCALE 0 40' 80' 120' NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0256 www.cgaconsultanis.com DRAWN: ---- DATE. ---- CHECKED: ACD DATE- ---- APPROVED: ACD DATE- ---- HYPER DRIVE WAREHOUSE WATERLOO, IOWA LANDSCAPING PLAN PROJECT NO. 23-DS-0051 SHEET NO. C 400 Page 107 of 530 wgs\5 Sheets \23-D SLOPE AS PER PLANS SLOPE AS PER PLANS E PERSLOPPLANASS �— 1 7-2" N ANY 5'011 TRANSITION UR CURB RUNOUT FOR ALL O CURB CURBS 6" PCC a ° a , o° 4" PCC PAVEMENT 4" GRANULAR SURFACE (IOWA DOT 4120.04) PAVEMENT o- o� w . _ i _� Ib•-op op ,--� 6" GRANULAR SUBBASE -o o O�C i _ . . ir° • •- 4" GRANULAR SUBBASE .o �o �o �o- • • • V y (MINIMUM) 4 q1„ 2 R 3 o. o.�..' =��.11� 8" OF 3" ROAD STONE FORM ER PLANS (MINIMUM) (MINIMUM) TOP 12" OF SUBGRADE SHALL BE COMPACTED TO 95% STANDARD PROCTOR DENSITY (SPD) 2.0' BEYOND TOP 12" OF SUBGRADE SHALL BE COMPACTED TO 95% STANDARD PROCTOR DENSITY (SPD) 2.0' BEYOND (MINIMUM) GRADE ELEV. , 1pr ENGINEERING FABRIC COMPLYING WITH IDOT 4196.01, B.3. 3" R TOP 12" OF SUBGRADE SHALL BE COMPACTED TO 95% STANDARD PROCTOR EDGE OF PAVEMENT EDGE OF PAVEMENT 6" PCC PAVEMENT SECTION 4" PCC SIDEWALK PAVEMENT SECTION 12" AGGREGATE DENSITY (SPD) 2.0' BEYOND EDGE OF PAVEMENT SECTION W/ FABRIC 6" STANDARD INTERGAL PCC CURB & GUTTER 03 O 05 01 02 SUDAS REFERENCED DETAILS FIGURE NAME NUMBER CURB 3010.101 TRENCH BEDDING & BACKFILL ZONES 3010.102 RIGID GRAVITY PIPE TRENCH BEDDING 4" (TYP) 3010.103 FLEXIBLE GRAVITY PIPE TRENCH BEDDING 3010.104 PRESSURE PIPE TRENCH BEDDING SAW EXISTING PAVEMENT ,- ROADWAY PAVEMENT 4010.201 SANITARY SEWER SERVICE STUB PARKING STALLS FULL DEPTH AND REMOVE 4030.221 PCR APRON SECTION FOOTING 4" (BORDER OPTIONAL) SEE WHEELCHAIR 4" (TYPICAL) 1 2 O 4040.231 SUBDRAINS SYMBOL 4040.232 SUBDRAIN CLEANOUTS L 7010.101 JOINTS RT' JOINT ®SIDEWALK T 7010.102 PCC CURB DETAILS BACK OF CURB 7030.102 CONCRETE DRIVEWAY, TYPE B I DRIVEWAY 7030.201 CLASSES OF SIDEWALK 18 12 BT-3 JOINT 7030.204 GENERAL FEATURES OF AN ACCESSIBLE SIDEWALK NOTES: BT-3' JOINT T+1 MIN 7030.207 CURB RAMP FOR CLASS B OR C SIDEWALK 1. PAVEMENT MARKINGS " (STRIPING) SHALL BE MADE 9040.102 FILTER BERM & FILTER SOCK SECTION A -A DETAIL B 9040.110 RIP RAP FOR PIPE OUTLET ONTO FLAT GROUND ! - WITH ANPERMANEENTNTAFFITAAPE.PE. OR 9040.119 SILT FENCE SEE SEE SEE 9040.120 STABILIZED CONSTRUCTION ENTRANCE PLANS PLANS PLANS FOR WIDTH FOR WIDTH FOR WIDTH 1' -H SIGN FACE - BLUE LENGTH CALCUTIONS 'B' JOINT 0a 1 E' JOINT AS CI CROSS SLOPE AT SIDEWALK SHALL NOT EXCEED 1.5' HAND C PPED PArtIG FEOUIo� "MIT H.C. SYMBOL & LETTERING 8'x 20' OR 10' x 18' ACCESS ISLE = 160' OF 4" STRIPING PER STATE OF IOWA REQUIREMENTS. WHITE 5' x 20' ACCESS ISLE = 108' OF 4" STRIPING REFLECTIVE VINYL co'.P5' x 18' ACCESS ISLE = 114' OF 4" STRIPING 9' x 20' ACCESS ISLE = 184' OF 4" STRIPING 4 STRIPE - WHITE 12' x 36' PAINTED PAVEMENT MARKING = 373' OF 4" STRIPING NSTALL R7-8 WHERE INDICATED 4" WHITE BORDER SPECIFIED Q 2%. TRANSITION THE CURB HEIGHT TO 0 INCHES AT C' JOINT END OF TAPER/RADIUS OR AT THE FRONT EDGE OF SIDEWALK. DO NOT EXTEND RAISED CURB ACROSS SIDEWALK. ��C�G tp ® PAVEMENT THICKNESS = 6" 5' TO PARKING i 0?5' i ACC o So IBLE INDICATED R7-8a INSTALL SIGN WHERE 1 Oe REFER TO 11 GJ�� =OXOUT ® SIDEWALK THICKNESS THROUGH DRIVEWAY TO ®R MATCH THICKNESS OF DRIVEWAY. SURFACE 8'-0" STEEL POST e I DETAIL B BACK OF CURB ® IF LONGITUDINAL JOINT IS LOCATED 48 INCHES OR LESS FROM THE BACK OF CURB, EXTEND it 39 4" WIDE PAINTED BARS BOXOUT TO JOINT LINE. FULL DEPTH SAW CUT IS STILL REQUIRED. 3.0' 1 An z " CRUSHED STONE (TRAFFIC PAINT) / \ DRIVEWAY RADIUS (R) AS SPECIFIED IN THE CONSTRUCTION DOCUMENTS - 34'' H SIGNAGE 1 PAVEMENT MARKING SYMBOL OF ACCESSIBILITY PARKING SPACE MARKING CONCRETE DRIVEWAY, TYPE B WITH RADII CIINTERNATIONAL 07 NO. REVISION BY DATE NO. REVISION BY DATE Cr1 ,f. 8EasMain Street Associates, Inc �V—LL]1 DESIGNED:W---- DATE ---- HYPER DRIVE WAREHOUSE WATET' OO IOWA TYPICAL DETAILS PROJECT NO. 23-DS-0051 DRAWN: DATE ---- CHECKED: ACD DATE- ---- SHEET NO. c.5oo Marshalltown, Iowa 50158 Ph 841-752-6701 www.cgaconsultanta.com APPROVED, ACD DATE- ---- Page 108 of 530 wgs\5 Sheets \23-D DRAIN TO TRENCH DRAIN #4 BARS SHALL EXTEND 12" INTO ADJACENT PAVEMENT DRAIN TO 26" 4„ TRENCH DRAIN 6" HDPE OUTLET AT 0.5% SLOPE (EAST) A -A CROSS SECTION VIEW #4 REBAR AT 24" O.C. #4 REBAR AT 6" PCC 12" O.C. FLOOR TOP OF TRENCH DRAIN DRAIN ELEV: 867.47 VERTICAL WALLS #4 BARS @ 1' O.C. BOTTOM OF TRENCH DRAIN ELEV: 866.47 • 2 - #4 LONGITUDINAL BARS TO TIE ALL TRANSVERSE BARS TOGETHER IN FLOOR & WALLS 60' TRENCH DRAIN USE R-4999-HX, TYPE C NEENAH GRATE OR APPROVED EQUAL FLOOR OF DRAIN #4 BARS @ 2' O.C. z— SLOPE FLOOR AT MIN. 1% TOWARDS OUTLET #4 LONGITUDINAL BARS TO TIE ALL TRANSVERSE BARS TOGETHER IN FLOOR & WALLS 01 LOADING DOCK TRENCH DRAIN DETAIL 6" MIN. PCC FLOOR • • TOP OF TRENCH DRAIN DRAIN ELEV: 867.47 6" MIN. PCC WALL 6" HDPE OUTLET - z AT 0.5% SLOPE BOTTOM OF TRENCH DRAIN & FLOWLINE OF PIPE ELEV: 865.53 NOTES: 1. ALL STEEL SHALL BE MINIMUM OF 2" FROM EDGE OF CONCRETE. 2. ALL REINFORCEMENT SHALL BE TIED TOGETHER AND ON CHAIRS OFF SUBBASE. 3. SUBBASE NOT SHOWN FOR CLARITY, MINIMUM OF 6" GRANULAR SUBBASE SHALL BE USED UNDER DRAIN FLOOR. 4. DRAIN FLOOR SHALL BE TROWLED SMOOTH AND SHAPED AROUND INVERT OF PIPE TO ENSURE DRAINAGE OUT. 5. FLOOR AND WALLS OF DRAIN SHALL BE POURED INTEGRALLY AS A SINGLE PCC POUR. 6" HDPE (EAST) 34" 26" B-B SECTION SIDE WALL VIEW SW-602 TYPE E CASTING ADJUSTMENT RINGS TOP 8" 4t2 WALL 4w3 WALL HEIGHT 8" MIN BASE 4'-6" 4b2 24" LONG WALL 6'-0" 7' 0" TYPICAL SECTION 24" SW-603 TYPE S GRATE 4b1 4t1 REFER TO DETAIL A FOR BOXOUT DETAILS. 10 INSTALL FOUR #4 DIAGONAL BARS AT MANHOLE OPENING AND AT ALL PIPE OPENINGS. (9 CAST -IN -PLACE BASE SHOWN. IF BASE IS PRECAST INTEGRAL TO EXWALLS, END BEYOND THE OUTER EDGE OF THE NOT WALLS. ©3 12 INCH MINIMUM WALL HEIGHT ABOVE ALL PIPES. FORM GRADE ADJUSTMENT RINGS 4t1 OPTIONAL CONSTRUCTION JOINT (TYP.) 12" MIN DEPTH (6'-6" MAX) DIAGONAL BAR (TYP.) 8" MIN CLASS I BEDDING MATERIAL LOWEST FLOWLINE 4' DIAGONAL BAR (TYP ) qi SHORT 3 WALL 0 4t2III �I iIE14t1 li I1111 � pi � II_ --2 -iLL� . ---- dam LONG WALL 6'-0" 7' 0" PLAN REINFORCING BAR LIST Mark Size Location Shape Count Length Spacing 12" 4t1 4 Top 14 3'-8" 4t2 4 Top 8 4'-2" 12" 4b1 4 Base 7 4'-2" 13" 4b2 4 Base 5 7'-2" 10" 4w1 4 Short Walls Varies 3'-8" 12" 4w2 4 Long Walls Varies 6'-8" 12" 4w3 4 Walls 18 Wall Height minus 4" 13" PCC PAVEMENT MAXIMUM PIPE DIAMETERS Pipe Precast Cast -in -place Location Structure Structure Short Wall 24" 30" Long Wall 30" 36" 02 MODIFIED SW-503 WITH SW-603 TYPE S SINGLE GRATE INTAKE WITH MANHOLE DESIGNED: ---- DETAIL A PCC PAVEMENT Construct boxout with Class C concrete or match pavement class. Minimum 2 inches clear on reinforcement. Center casting within boxout area. O 'KT-1', 'KT-2', 'BT-1', or'BT-2' joint if three-piece floating casting (SW 601 Type B and D or SW-602 Type F) is used. 'E' joint if two-piece fixed casting (SW 601 Type A and C or SW-602 Type E) is used. ® 4 foot 8 inch (typ.) #4 bar. Place at mid -slab. ® #4 hoops (variable length). Place at mid -slab. ® No boxout is required for three-piece floating castings (SW 601 Type B and D or SW-602 Type F). If a boxout is provided for a three-piece casting, construct as detailed in Section A -A for three-piece floating casting. NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 18 East Main Street Marshalltown, Iowa 50158 Ph 641-752-6701 www.cgaconsultanis.com DRAWN: ---- CHECKED: ACD APPROVED: ACD DATE- ---- DATEE ---- DATE- ---- HYPER DRIVE WAREHOUSE WATERLOO, IOWA TYPICAL DETAILS PROJECT NO. 23-DS-0051 SHEET NO. C 501 Page 109 of 530 wgs\5 Sheets \23-D SEE PLANS FOR SPACING VARIABLE (20' FOR A NORMAL 10' WIDE DITCH.) FABRIC FORFS�Op POST SPACING POST SPACING OR _ 0.0". F •ii♦� i...1•43L••• (5'-0" MAX.) (5'-0" MAX.) 4• ���...� '� . _FLOW 0 INSERT 12 IN. OF FABRIC A MINIMUM OF 6 IN. DEEP (FABRIC MAY BE FOLDED BELOW THE GROUND LINE) O1% ��•�04•�00 i1. ® 0 i��1��i'• :4 .V .� c ♦�TJ`i6 • _ �2 COMPACT GROUND BY DRIVING ALONG EACH SIDE OF ..�.��.�•...�'�.�'•♦�•.��..ii�• �j1181 > 0 THE SILT FENCE AS REQUIRED TO SUFFICIENTLY ����.�'•.�.:♦•:♦..' ••��•�•'�� **�. �4• • ♦♦♦♦`�:!�I000000000♦O�Oi ......... ��„ ,���'�'�'�'�'�•' -- ♦♦♦♦�•••♦♦♦♦♦i ♦�� v�♦��.., • ®��®��������������� •00000000♦♦00•♦ �iiiiiii�♦�♦�♦O�Op of iai ��■°�_l��► �! p. 1 T STEEL FENCE POST �r,7,7 '/? © p �J GROUND LINE SECURE THE FABRIC IN THE TRENCH TO PREVENT I PULLOUT AND FLOW UNDER THE FENCE. ® IN DITCHES, EXTEND SILT FENCE UP SIDE SLOPE SO 4'-0" MINIMUM �• THE BOTTOM ELEVATION AT THE END OF THE FENCE IS i— A MINIMUM OF 2 IN. HIGHER THAN THE TOP OF THE GENERAL NOTES: INSTALL SILT FENCE ACCORDING TO THE TYPICAL SILT FENCE DITCH CHECK REQUIREMENTS OF SECTION 311000 AND AT O FENCE IN THE LOW POINT OF THE DITCH. I ® ® STEEL POSTS TO BE EMBEDDED 20 IN. UNLESS TYPICAL SILT FENCE INSTALLATION ON LONGITUDINAL SLOPES OTHERWISE ALLOWED BY THE JURISDICTIONAL LOCATIONS SHOWN IN THE CONTRACT ENGINEER. DOCUMENTS OR AS DIRECTED BY THE (Profile View) JURISDICTIONAL ENGINEER. ® SECURE TOP OF ENGINEERING FABRIC TO STEEL POSTS INSTALL PARALLEL TO INSTALL "J-HOOK" AT EACH END OF AN USING WIRE OR PLASTIC TIES (50 LB. MIN.). SEE GROUND CONTOUR INDIVIDUAL SECTION OF SILT FENCE DETAILS OF "ATTACHMENT TO POSTS." I� GROUND FABRI LINE 8'-0"SPACING* O 910 ���- .V�♦;41 WIRE OR I`- �♦ ..� �!��f CABLE TIES 908 �fi♦"♦� sue♦ ♦♦♦♦♦♦♦ ♦♦♦♦♦♦ ♦♦...♦" ♦♦•' � ♦fr♦j - 904 ► t-, I♦♦♦ • I� i0♦ ►♦♦♦♦♦, ! rii ♦ii► ♦JO♦i♦iiii•V ii♦ii♦0♦iii�,• ♦iiiiiiiiiiiiiiiiiiiiiiii♦♦♦,9♦♦• ♦♦♦♦♦♦♦♦♦♦ '♦♦♦♦♦ 902 , r,_ , ♦�i� ® DETAILS OF SILT FENCE ON LONGITUDINAL SLOPES 200' MAX. LENGTH PER SECTION ATTACHMENT TO POST * REDUCE POST SPACING TO 5'-0" AT WATER (600' IF SLOPE IS FLATTER THAN 5%) CONCENTRATION AREAS, OR AS REQUIRED TO TYPICAL SILT FENCE INSTALLATION ON LONGITUDINAL SLOPES POST ADEQUATELY SUPPORT FENCE SILT FENCE 01 Compact trench spoil against uphill side of sock. 9" (nominal) dia. \ or as specified. \ \ 2-4" Trench -,,/ II / '/ r✓ 7i� �� �% II ` \ 3A Space as specified in the contract documents. \ \ • eII:I%I? �II,�� • I '"'''11I Joint Wrap Turn uphill. \ \ ■ Stakes Disturbed Area U� 0 Entrance length: 50 foot minimum (30 foot for single family n oas specified in the speresidential),cified contract documents. Length of entrance may be increased if sediment track -out ,�Ro� occurs. ®6b,0h Thickness as specified (6" min.). p20 STABILIZED CONSTRUCTION ENTRANCE 03 OE\O� Wattle O``¢`o� ♦ Area to be Protected ■ ■ COMPOST FILLED SOCK 02 NO. REVISION BY DATE NO. REVISION BY DATE ,f• Associates, Inc Nodic DESIGNED:W:----- DATE ---- HYPER DRIVE WAREHOUSE WATERLOO, IOWA TYPICAL DETAILS PROJECT NO. 23-DS-0051 DRAWN: ---- DATE ---- �r1 �V—LL]� 5106 Drive CHECKED: ACD DATP ---- SHEET NO. c.5o2 Cedar Falls, Iowa 50613 Ph 319-266-0258 www.cgaconsullanla.com APPROVED: ACD DATE ---- Page 110 of 530 DRAWING INDEX DRAWING RELEASE HISTORY GENERAL NOTES MATERIALS ASTM DESIGNATION 3 PLATE WELDED SECTIONS A529, A572, A1011, A1018 GRADE 55 COLD FORMED LIGHT GAGE SHAPES A653, A1011 GRADE 60 BRACE RODS A572, A510 GRADE 50 HOT ROLLED MILL SHAPES A36, A529, A572, A588, A992 GRADE 36 OR 50 HOT ROLLED ANGLES A529, A572, A588, A992 GRADE 50 HOLLOW STRUCTURAL SECTION (HSS) A500 GRADE B CLADDING A653, A792 GRADE 50 OR GRADE 80 HIGH STRENGTH BOLT TIGHTENING REQUIREMENTS IT IS THE RESPONSIBILITY OF THE ERECTOR TO ENSURE PROPER BOLT TIGHTNESS IN ACCORDANCE WITH APPLICABLE REGULATIONS. SEE RCSC SPECIFICATION FOR STRUCTURAL JOINTS USING HIGH STRENGTH BOLTS FOR MORE INFORMATION. SEE ERECTION GUIDE FOR BOLT TIGHTENING INSTRUCTIONS. THE FOLLOWING CRITERIA MAY BE USED TO DETERMINE THE BOLT TIGHTNESS (I.E.-SNUG TIGHT OR PRE -TENSION) UNLESS REQUIRED OTHERWISE BY LOCAL JURISDICTION OR CONTRACT. ALL A490 BOLTS SHALL BE "PRE -TENSIONED". A325 BOLTS IN PRIMARY FRAMING AND BRACING CONNECTIONS MAY BE "SNUG -TIGHT" EXCEPT AS FOLLOWS; PRE -TENSION A325 BOLTS IF BUILDING SUPPORTS A CRANE GREATER THAN 5 TON CAPACITY. PRE -TENSION A325 BOLTS IF BUILDING SUPPORTS MACHINERY THAT CREATES VIBRATION, IMPACT, OR STRESS REVERSALS ON CONNECTIONS. PRE -TENSION A325 BOLTS IF LOCATED IN HIGH SEISMIC AREAS. FOR IBC BASED CODES; HIGH SEISMIC IS DESIGN CATEGORY D, E OR F. SEE CODES AND LOADS SECTION BELOW FOR DETAILS. PRE -TENSION ANY CONNECTION WITH DESIGNATION A325-SC. SLIP CRITICAL (SC) CONNECTIONS MUST BE FREE OF PAINT, OIL OR OTHER MATERIALS THAT REDUCE FRICTION AT CONTACT SURFACES. GALVANIZED OR LIGHTLY RUSTED SURFACES ARE ACCEPTABLE. IN CANADA, ALL A325 AND A490 BOLTS SHALL BE "PRE -TENSIONED", EXCEPT FOR SECONDARY MEMBERS AND FLANGE BRACES. SECONDARY MEMBERS AND FLANGE BRACE CONNECTIONS ARE ALWAYS "SNUG TIGHT", UNLESS INDICATED OTHERWISE IN ERECTION DRAWING DETAILS. INSPECTION AND TESTING SPECIAL INSPECTIONS AND TESTING REQUIRED BY AUTHORITY HAVING JURISDICTION (AHJ) DURING CONSTRUCTION AND/OR STEEL FABRICATION IS THE RESPONSIBILITY OF THE OWNER OR OWNERS AUTHORIZED AGENT. WHEN REQUIRED, THE OWNER SHALL EMPLOY A QUALITY ASSURANCE AGENCY (QM) APPROVED BY THE AHJ. THE BUILDER IS RESPONSIBLE TO COORDINATE BETWEEN THE QAA FIRM AND BBNA FABRICATION FACILITIES. THE TYPE AND EXTENT OF SPECIAL INSPECTIONS AND NDT WELD TESTING MUST BE SPECIFICALLY STIPULATED IN CONTRACT DOCUMENTS OR BBNA WILL ASSUME SPECIAL INSPECTIONS AND/OR NDT TESTING ARE WAIVED AS PERMITTED BY THE BUILDING CODE BASED ON BBNA FACILITIES IAS AC472 ACCREDITATION. DRAWING TITLE PAGES TYPE DATE DESCRIPTION COVER SHEET CODES AND LOADS BUTLER NOTES ANCHOR ROD PLAN ® PRIMARY STRUCTURAL Butler Manufacturing SECONDARY STRUCTURAL a division of BlueScope Buildings North America Inc COVERING SPECIAL DRAWINGS STANDARD ERECTION DETAILS PLANOGRAPH DETAILS IIIIIIIIIIII\, III� \, \\ II II I II II II II II \` IIIIIIIII THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. 6 BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 COVER SHEET BUILDER. Hauptly Construction Inc. JOB'', THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER: DATE: su%%eR 2/6/2023 LOCATION: Waterloo, Iowa o DRAWN/CHECK: PROJECT: Fischels West Parker Building Butler Manufacturing/ BUILDER'S PON: PAGE: VPC VERSION: ADVNXT 5.7 VPC FILENAME: adv1222012286 21612023 18:14,6 division of BlueScope Buildings North America Inc. Page 111 of 530 Codes and Loads WHEN MULTIPLE BUILDINGS ARE INVOLVED, SPECIFIC LOAD FACTORS FOR DIFFERING OCCUPANCIES, BUILDING DIMENSIONS, HEIGHTS, FRAMING SYSTEMS, ROOF SLOPES, ETC., MAY RESULT IN DIFFERENT LOAD APPLICATION FACTORS THAN INDICATED BELOW. SEE CALCULATIONS FOR FURTHER DETAILS. WIND LOADS ARE APPLIED TO OVERALL BUILDING ENVELOPE. COMMON WALLS BETWEEN CONNECTED SHAPES ARE NOT SUBJECT TO EXTERNAL WIND LOADS. City: Waterloo County: Black Hawk State: Iowa Building Code Building Code: 2021 International Building Code Building Risk/Occupancy Category: II (Standard Occupancy Structure) Dead and Collateral Loads Collateral Gravity:5.00 psf Collateral Uplift: 0.00 psf Wind Load Wind Speed: Vult: 115.00 (Vasd: 89.08) mph The 'Envelope Procedure' is Used Primaries Wind Exposure: C - Kz: 0.956 Parts Wind Exposure Factor: 0.956 Wind Enclosure: Enclosed Topographic Factor: Kzt: 1.0000 Ground Elevation Factor: Ke: 0.9644 NOT Windborne Debris Region Base Elevation: 0/0/0 Site Elevation: 1000.0 ft Primary Zone Strip Width: 2a: 21/1/3 Parts / Portions Zone Strip Width: Walls, a: 10/6/10 Roof(s), 0.6h: 15/9/14 Velocity Pressure: qz: 26.53, (C&C) 26.53 psf Structural: 16AISC - ASD Cold Form: 16AIS2 - ASD Material Dead Weight Roof Covering + Second. Dead Load: 2.36 psf Frame Weight (assumed for seismic):2.50 psf Snow Load Ground Snow Load: pg: 30.00 psf Flat Roof Snow: pf: 21.00 psf Design Snow (Sloped): ps: 21.00 psf Rain Surcharge: 0.00 Specified Minimum Roof Snow: 20.00 psf (Code) Exposure Factor: 2 Partially Exposed - Ce: 1.00 Snow Importance: Is: 1.000 Thermal Factor: Heated - Ct: 1.00 Ground / Roof Conversion: 0.70 Obstructed or Not Slippery Country: United States Rainfall: I: 1.00 inches per hour f'c: 3000.00 psi Concrete Roof Live Load Roof Live Load: 20.00 psf Reducible Seismic Load Lateral Force Resisting Systems using Equivalent Force Procedure Mapped MCE Acceleration: Ss: 5.70 %g Mapped MCE Acceleration: S1: 4.70 %g Site Class: Stiff soil (D) Seismic Importance: Ie: 1.000 Design Acceleration Parameter: Sds: 0.0380 Design Acceleration Parameter: Shc: 0.0313 Seismic Design Category: A Seismic Snow Load: 0.00 psf % Snow Used in Seismic: 0.00 Diaphragm Condition: Flexible Fundamental Period Height Used: 27/7/8 Transverse Direction Parameters System NOT detailed for Seismic Redundancy Factor: Rho: 1.00 Fundamental Period: Ta: 0.3983 R-Factor: 3.00 Overstrength Factor: Omega: 2.50 Deflection Amplification Factor: Cd: 3.00 Base Shear: V: 0.0100 x W Longitudinal Direction Parameters System NOT detailed for Seismic Redundancy Factor: Rho: 1.00 Fundamental Period: Ta: 0.2410 R-Factor: 3.00 Overstrength Factor: Omega: 2.50 Deflection Amplification Factor: Cd: 3.00 Base Shear: V: 0.0100 x W THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 CODES AND LOADS REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE NTS BUILDER FIOIX CDUTLER) Butler Manufacturing vac VERSION. ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK: PAGE: VPC FILENAME'. ativ1222012280 2/6/2023 18:15:01 a tll Nion of BaJeSwpe 6.ings North America Ino. Page 112 of 530 BUILDER/CONTRACTOR RESPONSIBILITIES Butler Mfg. follows the guidelines as outlined in the AISC and MBMA Codes of Standard Practice. Butler Mfg. standard product specifications, design, fabrication, quality criteria shall govern all work unless stipulated otherwise in the contract documents. In case of discrepancies between Butler Mfg. structural plans and plans for other trades, Butler Mfg. structural plans shall govern. It is the responsibility of the Builder to obtain approvals and permits from all governing agencies and jurisdictions as required. Approval of Butler Mfg drawings constitutes the builders acceptance of Butler interpretation of the contract purchase order. Unless specific design criteria concerning interface design and details are furnished as part of the contract, Butler Mfg. design assumptions shall govern. Butler engineers are not Project Engineers or Engineer of Record for the overall project. Butler engineering supply sealed engineering design data and drawings for Butler supplied material as part of the overall project for use by others to obtain permits, approvals, and coordinate with other trades. All interface and/or compatibility of any materials not fumished by Butler are to be considered and coordinated by the builder or A/E firm. CONSTRUCTION & ERECTION RESPONSIBILITY The Builder is responsible for construction in strict accordance with Butler Mfg. "FOR CONSTRUCTION" drawings and all applicable product installation guides. Butler is not responsible for work done from any other Butler drawings that are not marked "FOR CONSTRUCTION", nor any drawings prepared by others. As erected field assemblies of members shall be as specified in MBMA Code of Standard Practice (in Canada — CSA S16), which require L/500 tolerance of installed members. Occasional field work including shimming, cutting, coping, and drilling for final fit —up are considered part of erection. Specified field work and field welding conditions indicated on these drawings shall also be included in the erectors scope of work. See Erection Guide for shimming procedure. For building with top riding bridge cranes see Crane Data drawing for column plumb tolerance. The building erector shall be properly licensed and experienced in erecting metal building systems. The Builder is responsible for having knowledge of, and shall comply with, all OSHA requirements and all other governing site safety criteria. The builder is responsible for designing, supplying, locating and installing temporary supports and bracing during erection of the building. Butler bracing is designed for code required loads after building completion and shall not be considered as adequate erection bracing. See Erection Guide. Shimming of steel buildings during erection may be required to accomodate allowable tolerances during fabrication and erection. Special care should be taken by the building erector to shim connections where key dimensions must be maintained for building performance as even small tolerances can have a significant impact on critical dimensions such as height, clearances and plumbness, especially as the size of the member or building increases. Conditions where shimming should be expected can include but are not limited to large door openings, critical clear height requirements, cranes, buildings greater than 45 feet in height, clear spans greater than 125 feet and adjacent frames with different characteristics (like clear span frames adjacent to an endwall or modular frame). Shims are normally provided by the erector, but may be ordered upon request by contacting your Project Manager. EXISTING STRUCTURES Butler must be advised of any structure that is within 20 ft. of Butler's building. Load effects from snow drifting, wind effects, and seismic separation must be considered for both the new and existing structures. Butler has designed the new Butler building for these effects. The owner/builder are responsible for employing a Professional Engineer to review and verify the existing structure for all load effects from the adjacent Butler building. BRACING Tension brace rods work in pairs to balance forces caused by initial tensioning. Care must be taken while tightening brace rods so as not to cause accidental or misalignment of components. All rods must be installed loose and then tightened. Rods should not exhibit excessive sag. For long or heavy rods, or angles it may be necessary to support the rods at mid —bay by suspending them from secondary members. Bracing for seismic or wind loading of objects or equipment that are not a part of the Butler structure must be designed by a qualified professional to deliver lateral loads to primary frames and rod bracing struts. Equipment bracing and suspension connections must not impose torsion or minor axis loads, or cause local distortion in any Butler components. Butler accepts no responsibility for design or installation of bracing systems not furnished by Butler. FIELD WELDING All field welding shall be done at the direction of a design professional, and done in accordance with governing requirements (AWS in USA, CWB in Canada)gby welders qualified to perform the welding as directed by the applicable welding procedure specification (WPS). A WPS shall be prepared by the contractor for each welding variation specified. The contractor is responsible for I eld' t' d b local ' 'sd' t' =iller metal shall be any specla w Ing in Ion as re y oca tun Ic Ion. 70 ksi (480 MPa) tensile strength. For welds in high seismic fo (Seismic Cat D, E or F), minimum Charpy V—Notch toughness sF (20 ft—lbs min 0 ODeg F). Interpass temperatures shall not ex rceTHl {T ,WNGINEER'S SEAL APPLIES •,__T _-� CT OF BUTLER all RFORMANCE RE CeT I' RgE Y BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. qf3 c: SIGNAGE The Builder is responsible for furnishing signs as required by Code and the Building Department, including but not limited to, exits, occupancy limits, floor loading limits, and bulk storage limits. Floor loading signs shall clearly indicate maximum floor live load permitted. Bulk storage facilities shall have signs clearly posted on all loaded walls indicating the type of commodity stored and the maximum storage height. Signs shall be clearly visible when building is fully loaded to design level. Overloading of floors or walls may result in failure. DELIVERIES It is the responsibility of the builder to have adequate equipment available at the job site to unload trucks in a safe and timely manner. The Builder will be responsible for all retention charges from carriers as a result of job site unloading delays. Claims for damage or shorts MUST be noted on the Bill —of —Lading or delivery receipt and filed against the carrier by the consignee as per Butler's Terms of Sales (F.O.B. Plant) under the Uniform Commercial Code. It is critical that damages or shorts be noted on the Bill —of —Lading or you have little recourse with the carrier. Immediately upon delivery of material, material quantities are verified by the Builder against quantities billed on the shipping document. Neither the Manufacturer nor the carrier is responsible for material shortages against quantities billed on the shipping document if such shortages are not noted on the shipping documents upon delivery of material and acknowledged by the carriers agent. For materials concealed in bundles, boxes, or crates, shortages must be reported immediately upon unpacking. Should products get wet, bundled and crated materials must be unpacked and unbundled immediately to provide drainage of trapped moisture. See Erection Guide for proper job site storage procedure. SEALANTS Sealants shall be applied in strict accordance with Butler details or weather tightness will be compromised. Sealant must be applied in temperatures and weather conditions consistent with labeling. INDEPENDENT MEZZANINES Independent mezzanines must be designed by a professional engineer. The engineer must ensure that proper isolation from the Butler building has been provided to avoid structural damage due to differential movements, or inadvertently apply loads to the Butler structure. Butler accepts no responsibility for the design of the independent mezzanine. FIRE CODE COMPLIANCE It is the responsibility of the project design professional and builder to comply with local fire code regulations including consideration of, but not limited to, building use and occupancy, all building construction materials, separation requirements, egress requirements, fire protection systems, etc. Builder shall advise Butler of any special requirements to be fumished by Butler. FIELD MODIFICATIONS Modifications to this building from details and instructions contained on these drawings must be approved in writing by Butler Mfg. engineers, or other licensed structural engineer. This includes, but is not limited to, removal of roof or wall cladding, removing or moving any flange braces or rod braces, cutting of openings for doors, windows or RTU's, correction of fabrication errors, etc. The owner shall not impose loads to this structure beyond what is specified for this building in the contract documents. Butler Mfg. accepts no responsibility for the consequences of any unauthorized additions, alterations, or added loads to this structure. If the builder intends to invoice Butler Mfg. for modifications in excess of $1000, The builder must notify Butler Mfg. immediately, and obtain a Work Authorization from Butler Mfg prior to proceeding. All final claims must be submitted to Butler Mfg with all supporting documentation within 30 days of the building completion. Claims submitted without work authorizations, or after 30 days will not be accepted. Correction of minor misfits, shimming and plumbing, moderate amount of reaming, drilling, chipping / cutting and minor welding are considered by Code of Standard Practice to be part of erection are not subject to claim reimbursement. CONCRETE/MASONRY/CONVENTIONAL STUD WALLS The engineer responsible for the design of the wall system is responsible for coordinating with, or specifying to Butler Mfg, any wall to steel compatibility issues such as drift and deflection compatibility, special base details, and wall to Butler steel connections. All fasteners, sealant and counter flashing of wall systems are to be provided by contractor. The engineer responsible for the wall shall design the anchorage to Butler supporting elements consistent with Code required forces. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. 6 PANELS Oil canning is an inherent characteristic of cold formed steel panels. It is the result of several factors that include induced stresses in the raw material delivered to Butler, fabrication methods, installation procedures, and post installation thermal forces. Thru fastened panels will exhibit some dimpling when installed, especially when insulation is installed between panels and secondary supports. Dimpling can be minimized by careful installation, taking care not to over drive fasteners. Roof rumble is a phenomenon that is caused by wind gusts lifting up on the roof panels and then springing back into place. All panels experience this action to some degree, especially with concealed clip Standing Seam panels. Roof rumble noise may be minimized by providing a layer of blanket insulation between the panels and any hard support surface such as steel secondary members, substrates such as plywood, steel decking, or rigid board insulation. A minimum of 3 inch thick blanket is recommended over steel secondary members, or 2 inch over substrates. Oil canning, dimpling, and roof rumble do not affect the structural integrity or weather tightness of the panels and is not grounds for rejection of panels. The Standing Seam joint detail is designed with an interlocking feature for ease of installation. However, it is imperative that installed Standing Seam panels be secured to the secondary structural members and properly seamed prior to departure from the job site each day. SKYLIGHTS Local building departments may require added fall restraint due to conditions that may affect the skylight structural integrity. It is the responsibility of the builder to determine and provide any added fall restraint under the skylight as may be required by your building department. RAIN WATER RUNOFF Drainage systems must be designed by the project professional to comply with code requirements. Butler is not responsible for drainage designs, overflow scuppers, down piping, etc. The project professional and contractor are responsible to ensure that primary drains and overflow devices such as scuppers and auxiliary drains are provided as required for the required rain intensity at the building perimeter and at valley conditions to prevent ponding. STEEL SHOP COAT The purpose of Butler's shop coat is to provide protection for the steel members during transportation, during temporary job site storage and during erection. Standard shop formulation is not designed to perform as a finish coat when exposed to environmental conditions. Members shall be kept free of the ground and properly drained during job site storage. It is the Builder's responsibility to ensure that if a finish coat is being applied over Butler shop coat that the painting contractor verifies compatibility between his finish coat and Butler's shop coat. BUTLER MFG. ACCREDITATIONS AND APPROVALS Fabricator Approvals IAS AC472 Approvals: (www.iasonline.org/services/metal—building—inspection) Listed under BlueScope Buildings North America, Inc. City of Los Angeles, CA #FB00031; City of Houston, TX 767; City of Phoenix, AZ C19-02008; Clark County, NV 43 & 833, San Bemardino County, CA 289, State of Utah, City of Richmond, Ca. Design Approvals IAS AC472 Approvals: (www.iasonline.org/services/metal—building—inspection) Listed under Butler Manufacturing, a Division of BlueScope Buildings North America, Inc. Canadian CSA A660 Certifications (www.cwbgroup.org) Listed under BlueScope Buildings North America, Inc. Engineering Certifications of Authorization USA--AL#CA-5589—E; AZ#22225-0; AR#576; FL#30427; GA#PEF007551; ID#C-2470; IL#184-002649; KS#E-29; KY#4490; LA#EF6722; MS#E-0592; MO#E-2010007736; NC#F-0998; ND#1579PE; NJ#24GA28318800; NV#20437; OH#05898; OK#CA4170PE; RI#8838; SC#6206; SD#C-1787; TX#F4828; VA#0411001520; VA#0411001518; WA#4119; WV#C03059-00 CAN--AB#P08900; NB#F0951; NL#D0044; NS#30123; NT#P062; ON#100148796; and Yi#PP134 BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 ERECTION NOTES REV: DATE BY DESCRIPTION. BUJLDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER'. LOCATION: Waterloo, Iowa PROJECT: Fischels West Parker Building DRAWING SCALE: NTS BUILDER'S POA C2UTLER,1 Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB #: DATE: 2/6/2023 DRAWN/CHECK: PAGE: •s VPC FILENAME: W61222012280 2/62023 16 15:03 a dl islon of BlueSmpe Buildings No. America Inc. Page 113 of 530 T M 0 T 0 I}I O M 2 3'-0" 1 1'-0" ❑ Dimension Key 0 A 1 AR3 AI VI AR3 3 1 IAR2 7 rAR2 7 AR27 I 2 AR27 IAR27 29' -0" 30' 0" 30' 0" 30' 0" AR27 I 27 AR27 IAR27 551 30'-0" AR27 AR27 BL AR27 AR271 420 -0" AR271 AR2 71 AR271 AR2 7I V 30'-0" AR2 71 AR2 7I 30'-0" AR2 71 AR2 7I 30'-0" 1 0 0 ARAI M IA O AR3i I I AR31 dI 0 0 AR1I 29'-0" ANCHOR ROD PLAN Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL <`e THE BUILDING IS DESIGNED WITH BRACING DIAGONALS IN THE DESIGNATED BAYS. COLUMN BASE REACTIONS, BASE PLATES AND ANCHOR RODS ARE AFFECTED BY THIS BRACING AND DIAGONALS MAY NOT BE RELOCATED WITHOUT CONSULTING THE BUILDING SUPPLIERS ENGINEER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 ANCHOR ROD PLAN REV: DATE BV'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE NTS BUILDER POP CDIJTLER) Butler Manufacturing VPC VERSION. ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK: PAGE: VPC FILENAME. ativ122201228A 2/6/2023 18:15:05 a tll Nion of BaJeSwpe 6.ings No"h Amehca Ino. Page 114 of 530 4- 4- WIDTH 2 1/2" L 1" I 1,2 1/2" 64mm 64mm Dim. A 4- . „ 5„ 102mm 127mm 2 1/2" 64mm 4- 4- E ' _ E w 5 E AR1 (4)3/4" Dia. Max Plate W=8",L=1'-3", Min Thk=3/8" Dim: A=1'-0" Elev.=100'-0" AR3 (4)3/4" Dia. Max Plate W=8",L=1'-1", Min Thk=3/8" Dim: A=1'-0" Elev.=100'-0" AR27 (4)1 1/4" Dia. Max Plate W=9",L=1'-1", Min Thk=3/8" Dim: A=1'-0" Elev.=100'-0" NUT i HARDENED WASHER — 4" (102mm) PROJECTION 1- (7 Z J uJ 0 J_ 5 } BOTTOM OF COLUMN BASE PLATE ELEV. —TOP OF FOUNDATION - CONSIDER ANY SPACE BETWEEN THE FOUNDATION AND COLUMN BASE IN ANCHOR ROD LENGTH REQUIREMENT THE 4" PROJECTION ABOVE THE BOTTOM OF THE BASE PLATE IS A SUGGESTED MINIMUM TO ENSURE ADEQUATE ANCHOR ROD LENGTH. A DIFFERENT PROJECTION MAY BE REQUIRED BY THE FOUNDATION DESIGNER. THE ANCHOR ROD PROJECTION MAY NEED TO BE CUT OFF IF THERE IS INTERFERENCE WITH OTHER PARTS. SUGGESTED ANCHOR ROD PROJECTION 1/2" (13mm) DIAMETER CONCRETE ANCHORS (BY OTHERS) JAMB -_ — W W 1 1/4" 32mm OPENING WIDTH 1 1/4" 32mm NOTE: 1' (25mm) PROJECTION ABOVE BOTTOM OF JAMB CLIP SEE PLAN FOR JAMB SIZES : J = SIZE JAMB 'EQ.' VALUES: 7EQ=2" 51mm, 8.5 EQ = 23/4" 70mm 10 EQ = 3 1/2" 89mm, 11.5 EQ = 4 1/4" 108mm FRAMED OPENING DETAIL z E E w n w 1n BL VARIES BOTTOM OF COLUMN BASE PLATE STD = 1/2" (13mm) FLUSH = 0" (Omm) TYPICAL COLUMN BASE PLATE DETAIL 1. ANCHOR RODS, NUTS, HARDENED WASHERS AND ANY OTHER EMBEDDED ITEMS ARE TO BE FURNISHED BY CONTRACTOR. 2. ANCHOR ROD DIAMETERS WERE DETERMINED BY ALLOWABLE SHEAR AND TENSION PER AISC SPECIFICATIONS (FY=36KSI). (ASTM F1554 GRADE 36) ANCHOR ROD LENGTH, EFFECTS OF EMBEDDED ANCHOR ROD EDGE DIMENSIONS AND METHOD OF TRANSFERRING FORCES FROM ANCHOR RODS TO FOOTINGS ARE TO BE DETERMINED BY OTHERS. 3. UNLESS OTHERWISE SPECIFIED, ANCHOR RODS ARE DESIGNED AND DETAILED AS "CAST -IN -PLACE" ANCHOR RODS WITH "SNUG TIGHT CONNECTIONS. 4. FOUNDATION MUST BE LEVEL, SQUARE AND SMOOTH. ANCHOR RODS MUST BE ACCURATELY PLACED AS SHOWN ON THIS DRAWING OR STEEL WILL NOT FIT. THE BUILDER IS RESPONSIBLE FOR ACCURATE SETTING OF ANCHOR RODS PER AISC CODE OF STANDARD PRACTICE, SEC 7.5 VARIATIONS ARE SUMMARIZED BELOW; a. CENTERS OF ANY TWO AR'S WITHIN A COLUMN BASE GROUP; +-1/8" b. CENTERS OF ADJACENT AR GROUPS; +-1/4" c. TOPS OF AR'S; +-1/2" d. ACCUMULATED DIM BETWEEN CENTERS OF AR GROUPS ALONG COLUMN LINE; +-1/4" PER 100FT., NOT TO EXCEED 1" TOTAL. e. DIM FROM CENTER OF ANY AR GROUP FROM COLUMN LINE; +-1/4" 5. DESIGN LOADS AND REACTIONS ARE FURNISHED IN THE REACTIONS REPORT. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 ANCHOR ROD PLAN - DETAILS REV: DATE: DESCRIPTION: BUILDER: Hauptly Construction Inc. CUSTOMER: LOCATION: Waterloo, Iowa PRoJEcr: Fischels West Parker Building DRAWING SCALE: NTS BUILDER'S PO. C2UTLER> • Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB A: DArE 2/6/2023 DRAWN/CHECK: I PAGE: VPC FILENAME: Wv1222012381 21W2B23 a EI Isloo of BlueSmge Buildings North America Inc. Page 115 of 530 Bracing Part Part 05RS4111 03RS4205 04RS3901 04RS3011 Schedule Qty Length 4 41'-11" 8 42'-5" 4 39'-1" 4 30'-11" 1 1'-0" Dimension Key 0 Detail BR01G2 BR01G2 BR01G2 BR01G2 M 0 0 X 0 0 X 0 0 0 X CX002 CX004 CX006 *DO CX001 CX003 CX005 29'-0" 30'-0" O ® C10) CX008 CX008 CX006 CX006 CX006 SF 0 v oh 21S 0 1., ati �45 CX007 Ln 0 x K CX007 CX005 0 0 0 1 N 0 X 0 0 1 CX005 CX005 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" BL 420 -0" (14) CX006 CX006 CX008 CX008 CX006 CX004 CX002 CX005 CX005 CX007 CX007 0 0 0 1 CX005 0 CX003 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 29'-0" f 1/41 k 0 PI CPI w tin o 0 X 1n w 0 a i 0 o 1 x DI w m i o I 0 rn I --I— CX001 PRIMARY AND ROOF BRACING PLAN Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 BL 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 PRIMARY AND ROOF BRACING PLAN REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP CDUTLER> Butler Manufacturing VPC VERSION. ADVNXT 5.7 JOBK'. 2/6/2023 DRAWNCHECK: PAGE: VPC FILENAME'. acIVIM01M384 nmn 18:15:06 a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 116 of 530 Frame Member Schedule Part Mem Width CX001 1 5.0000 RBX001 2-5 5.0000 RBX002 6 5.0000 RBX003 7-9 5.0000 RBX004 10-13 5.0000 CX002 14 5.0000 EPX001 15 6.0000 EPX002 16 6.0000 EPX003 17 6.0000 5 3'-10 1/2" 4 2 @ 2'-6 1/8" 3 3'-6" 2 4'-0" 1 8 1/2" ❑ Dimension Key Thick .1875 .1875 .1345 .1875 .1875 .1875 .2500 .2500 .2500 0 1n L m❑ WebThk. .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 GFB2063 GFB2063 Depthl 1'-2" 1'-3" 1'-3" 1'-3" 1'-3" 11" 1'-0" 1'-0" 11" Depth2 1'-2" 1'-3" 1'-3" 1'-3" 1'-3" 11" 1'-0" 1'-0" 11" Approx.Lgth 26'-9 5/16" 35'-11 9/16" 20'-0 3/8" 30'-0 1/16" 33'-11 13/16" 24'-3 7/8" 26'-2 1/16" 25'-6 9/16" 24'-11 1/16" Approx.Weight Detail Cee Mark No 365# 483# 240# 410# 458# 296# 430# BR25BD JCP053077 420# BR25BD JCP053077 398# BR25BD JCP053067 i 6 @ 2'-6" 0 0 Nm Ga 120'-0 5/14" 0.2500:12 0 0 PO 0 10 0 N CO w 0 N k1 0 0 CO w 0 N 18 @ 5'-0" 0 0 0 N Frame Clearances Horiz. Clearance between members 1(CX001) and 14(CX002): 116'-6" Vert. Clearance at member 1(CX001): 26'-9" Vert. Clearance at member 14(CX002): 24'-3 7/8" Vert. Clearance at member 15(EPX001): 26'-2" Vert. Clearance at member 16(EPX002): 25'-6 1/2" Vert. Clearance at member 17(EPX003): 24'-11" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) 0 0 N 0 O 0 0 0 t4 @ 2'-6" 0 N 10 0 O 10 0 O , 1- IF T T T T T 7 -ro-----T---T--- I --- rI- ---1-4 rT---T---�-- -3 'T .� � ti' T T .-77 I-- I-- I- 1- 1- m cx001 0 0 EPX001 BRSX001 RBX002 -(2)GFB2050 0 a oa N 0 -(2)GFB2050 a W - a � 2)GFB2050 X 0 a m (rl m o -(2)GFB2050 k W - 0 IT ul uv -,1x 8 `I N (2)GFB2050 o d-I 0 H 30'-0" CL 30'-0" CL 30'-0" CL 30'-0" 120 -0" BL 3 (1)JCP053067 2 (1)JCP053077 1 (1)JCP053077 0 Part Key FRAME CROSS SECTION AT FRAME LINE(S) 1 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 1 GFB2050 GFB2050 BL ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Dia. Length A 4 A325 1/2" 1 1/2" B 6 A325 1/2" 1 1/2" C 8 A325 1/2" 1 1/2" D 8 A325 1/2" 1 1/2" Plate Thick. 3/8" 1/4" 1/4" 1/4" Rows Out 1 1 2 1 3 1 2 2 Rows PartNo In 49080 49080 49080 49080 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 1 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa aaoJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP <BUTLER> • Butler Manufacturing vac VERSION. ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWNICHECK: PAGE: VPC FILENAME.acIVIM01M384 nmn 18:15:06 a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 117 of 530 Frame Member Schedule Part Mem Width CX003 1 8.0000 RBX005 2 8.0000 3 8.0000 RBX006 4 8.0000 5 8.0000 RBX007 6 8.0000 7 8.0000 RBX008 8 8.0000 9 8.0000 CX004 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .6250 .6250 .3750 .6250 .6250 .5000 .6250 .6250 .5000 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1644 .1875 .2500 .3125 (2) HFB6022 HFB5077 (2) HFB4050 Depthl 1'-0" 4'-4" 2'-9" 2'-9" 2'-9" 3'-4" 2'-7" 2'-7" 2'-7" 1'-0" Depth2 4'-10" 2'-9" 2'-9" 2'-9" 3'-4" 2'-7" 2'-7" 2'-7" 4'-4" 4'-5" Approx.Lgth 28'-0 5/16" 20'-5" 35'-0 1/16" 35'-0" 18'-11 15/16" 25'-7 3/4" Approx.Weight 2124# 1375# 1925# 1921# 1265# 1848# 0 m 0) 6 @ 2'-6" (2)GFB5057 120'-0 5/16" 0.2500:12 N N 0 B RBX006 T T- T 18 @ 5'-0" Frame Clearances Horiz. Clearance between members 1(CX003) and 10(CX004): 109'-3 15/16" Vert. Clearance at member 1(CX003): 23'-6 5/8" Vert. Clearance at member 10(CX004): 21'-0 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 120'-0" 7 RBX007 RBX008 4 @ 2'-6" 0 FRAME CROSS SECTION AT FRAME LINE(S) 2 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 2 (2)GFB5077 (2)HFB4050 BL 26'-4 1/2" ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In A 12 A325 7/8" 3 1/2" 3/4" 4 2 0097380 B 6 A325 3/4" 2 1/2" 3/8" 1 1 0097284 C 12 A325 3/4" 2 1/2" 5/8" 2 4 0097284 D 8 A325 3/4" 2 1/2" 3/8" 1 2 0097284 E 12 A325 1" 3 1/2" 5/8" 4 2 0097288 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 2 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POIX <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. acNIM01M384 nmn 18:15:06 a tll Nion of.eSwpe B.ings Noah America Ino. Page 118 of 530 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 r 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 3 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 3 (2)GFB5077<S> (2)HFB4027 BL ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Dia. Length Thick. Out A 12 A325 7/8" 3 1/2" 3/4" 4 B 4 A325 3/4" 2 1/2" 3/8" 1 C 14 A325 3/4" 2 1/2" 5/8" 3 D 12 A325 1" 3 1/2" 5/8" 4 <S> - (2) Washers (095872) req'd at Flange Brace 26'-4 1/2" PartNo 0097380 1 0097284 4 0097284 2 0097288 to Secondary. Rows In 2 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 3 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:06 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 119 of 530 Frame Member Schedule Part Mem Width CX007 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX013 4 8.0000 5 8.0000 RBX014 6 8.0000 7 8.0000 RBX015 8 8.0000 9 8.0000 CX008 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX009 RBX013 T T- O 0 23 @ 5'-0" T Frame Clearances Horiz. Clearance between members 1(CX007) and 10(CX008): 109'-4 15/16" Vert. Clearance at member 1(CX007): 23'-11 9/16" Vert. Clearance at member 10(CX008): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 r 0 P�0 0 O 0 0 O 0 0 0 0 120'-0" RBX014 RBX015 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 4 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 4 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 4 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:06 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 120 of 530 Frame Member Schedule Part Mem Width CX007 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX013 4 8.0000 5 8.0000 RBX014 6 8.0000 7 8.0000 RBX015 8 8.0000 9 8.0000 CX008 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX009 r 0 ro c� 3 RBX013 T T- O 0 23 @ 5'-0" T Frame Clearances Horiz. Clearance between members 1(CX007) and 10(CX008): 109'-4 15/16" Vert. Clearance at member 1(CX007): 23'-11 9/16" Vert. Clearance at member 10(CX008): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 r DI 0 O 0 0 0 O 0 0 0 0 120'-0" RBX014 RBX015 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 5 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 5 (2)GFB5077<S> (2)HFB4027 BL ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Dia. Length Thick. Out A 12 A325 7/8" 3 1/2" 3/4" 4 B 4 A325 3/4" 2 1/2" 3/8" 1 C 14 A325 3/4" 2 1/2" 5/8" 3 D 12 A325 1" 3 1/2" 5/8" 4 <S> - (2) Washers (095872) req'd at Flange Brace 26'-4 1/2" PartNo 0097380 1 0097284 4 0097284 2 0097288 to Secondary. Rows In 2 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 5 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:06 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 121 of 530 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 r 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 6 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 6 (2)GFB5077<S> (2)HFB4027 BL ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Dia. Length Thick. Out A 12 A325 7/8" 3 1/2" 3/4" 4 B 4 A325 3/4" 2 1/2" 3/8" 1 C 14 A325 3/4" 2 1/2" 5/8" 3 D 12 A325 1" 3 1/2" 5/8" 4 <S> - (2) Washers (095872) req'd at Flange Brace 26'-4 1/2" PartNo 0097380 1 0097284 4 0097284 2 0097288 to Secondary. Rows In 2 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 6 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:06 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 122 of 530 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 N 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 7 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 7 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 7 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:07 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 123 of 530 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 r 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 8 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 8 (2)GFB5077<S> (2)HFB4027 BL ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Dia. Length Thick. Out A 12 A325 7/8" 3 1/2" 3/4" 4 B 4 A325 3/4" 2 1/2" 3/8" 1 C 14 A325 3/4" 2 1/2" 5/8" 3 D 12 A325 1" 3 1/2" 5/8" 4 <S> - (2) Washers (095872) req'd at Flange Brace 26'-4 1/2" PartNo 0097380 1 0097284 4 0097284 2 0097288 to Secondary. Rows In 2 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 8 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:07 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 124 of 530 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick .5000 .7500 .6250 .3750 .6250 .6250 .3750 .5000 .5000 .6250 WebThk. .3125 .2500 .1875 .1875 .1875 .1875 .1875 .1875 .3125 .2500 (2)HFB6022 HFB5077 (2)HFB4050 Depthl 1'-0" 3'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 1'-0" Depth2 4'-11" 2'-10" 2'-10" 2'-10" 3'-4" 3'-0" 3'-0" 3'-0" 4'-5" 4'-3" Approx.Lgth 28'-0 5/16" 20'-4" 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 r 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 9 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 9 (2)GFB5077<S> (2)HFB4027 BL ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Dia. Length Thick. Out A 12 A325 7/8" 3 1/2" 3/4" 4 B 4 A325 3/4" 2 1/2" 3/8" 1 C 14 A325 3/4" 2 1/2" 5/8" 3 D 12 A325 1" 3 1/2" 5/8" 4 <S> - (2) Washers (095872) req'd at Flange Brace 26'-4 1/2" PartNo 0097380 1 0097284 4 0097284 2 0097288 to Secondary. Rows In 2 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 9 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:07 a tll Nion of OeSwpe BUIItl4gs Noah America Ino. Page 125 of 530 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick WebThk. Depthl Depth2 Approx.Lgth .5000 .3125 1'-0" 4'-11" 28'-0 5/16" .7500 .2500 3'-11" 2'-10" 20'-4" .6250 .1875 2'-10" 2'-10" .3750 .1875 2'-10" 2'-10" .6250 .1875 2'-10" 3'-4" .6250 .1875 3'-4" 3'-0" .3750 .1875 3'-0" 3'-0" .5000 .1875 3'-0" 3'-0" .5000 .3125 3'-0" 4'-5" .6250 .2500 1'-0" 4'-3" (2)HFB6022 HFB5077 (2)HFB4050 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 N 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 10 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 10 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 10 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:OS a tll Nion of OeSwpe BUIItlIPgs Noah America Ino. Page 126 of 530 Frame Member Schedule Part Mem Width CX007 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX013 4 8.0000 5 8.0000 RBX014 6 8.0000 7 8.0000 RBX015 8 8.0000 9 8.0000 CX008 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick WebThk. Depthl Depth2 Approx.Lgth .5000 .3125 1'-0" 4'-11" 28'-0 5/16" .7500 .2500 3'-11" 2'-10" 20'-4" .6250 .1875 2'-10" 2'-10" .3750 .1875 2'-10" 2'-10" .6250 .1875 2'-10" 3'-4" .6250 .1875 3'-4" 3'-0" .3750 .1875 3'-0" 3'-0" .5000 .1875 3'-0" 3'-0" .5000 .3125 3'-0" 4'-5" .6250 .2500 1'-0" 4'-3" (2)HFB6022 HFB5077 (2)HFB4050 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX009 RBX013 T T- O 0 23 @ 5'-0" T Frame Clearances Horiz. Clearance between members 1(CX007) and 10(CX008): 109'-4 15/16" Vert. Clearance at member 1(CX007): 23'-11 9/16" Vert. Clearance at member 10(CX008): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 N 0 P�0 0 O 0 0 O 0 0 0 0 120'-0" RBX014 RBX015 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 11 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 11 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 11 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME'. ativ133301M384 nmn 18:15:OS a tll Nion of OeSwpe BUIItlIPgs Noah America Ino. Page 127 of 530 Frame Member Schedule Part Mem Width CX007 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX013 4 8.0000 5 8.0000 RBX014 6 8.0000 7 8.0000 RBX015 8 8.0000 9 8.0000 CX008 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick WebThk. Depthl Depth2 Approx.Lgth .5000 .3125 1'-0" 4'-11" 28'-0 5/16" .7500 .2500 3'-11" 2'-10" 20'-4" .6250 .1875 2'-10" 2'-10" .3750 .1875 2'-10" 2'-10" .6250 .1875 2'-10" 3'-4" .6250 .1875 3'-4" 3'-0" .3750 .1875 3'-0" 3'-0" .5000 .1875 3'-0" 3'-0" .5000 .3125 3'-0" 4'-5" .6250 .2500 1'-0" 4'-3" (2)HFB6022 HFB5077 (2)HFB4050 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 RBX009 RBX013 T T- O 0 23 @ 5'-0" T Frame Clearances Horiz. Clearance between members 1(CX007) and 10(CX008): 109'-4 15/16" Vert. Clearance at member 1(CX007): 23'-11 9/16" Vert. Clearance at member 10(CX008): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 N 0 P�0 0 O 0 0 O 0 0 0 0 120'-0" RBX014 RBX015 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 12 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 12 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 12 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME'. ativ133301M384 nmn 18:15:OS a tll Nion of OeSwpe BUIItlIPgs Noah America Ino. Page 128 of 530 Frame Member Schedule Part Mem Width CX005 1 8.0000 RBX009 2 8.0000 3 8.0000 RBX010 4 8.0000 5 8.0000 RBX011 6 8.0000 7 8.0000 RBX012 8 8.0000 9 8.0000 CX006 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick WebThk. Depthl Depth2 Approx.Lgth .5000 .3125 1'-0" 4'-11" 28'-0 5/16" .7500 .2500 3'-11" 2'-10" 20'-4" .6250 .1875 2'-10" 2'-10" .3750 .1875 2'-10" 2'-10" .6250 .1875 2'-10" 3'-4" .6250 .1875 3'-4" 3'-0" .3750 .1875 3'-0" 3'-0" .5000 .1875 3'-0" 3'-0" .5000 .3125 3'-0" 4'-5" .6250 .2500 1'-0" 4'-3" (2)HFB6022 HFB5077 (2)HFB4050 35'-0 1/16" 35'-0 1/16" 19'-2 1/8" 25'-7 11/16" Approx.Weight 2185# 1418# 1934# 1947# 1296# 1810# 120'-0 5/16" 0.2500:12 (2)GFB4093 1 RBX010 T T- 23 @ 5'-0" O 0 O T Frame Clearances Horiz. Clearance between members 1(CX005) and 10(CX006): 109'-4 15/16" Vert. Clearance at member 1(CX005): 23'-11 9/16" Vert. Clearance at member 10(CX006): 20'-11 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 7 N 0 PO 0 O 0 O 0 T-- 0 0 0 120'-0" RBX011 RBX012 (2)GFB5057 ❑2 FRAME CROSS SECTION AT FRAME LINE(S) 13 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 13 (2)GFB5077<S> (2)HFB4027 BL OBolt Connection & Plate Schedule Id Qty Grade A 12 A325 B 4 A325 C 14 A325 D 12 A325 <S> - (2) Washers 26'-4 1/2" Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In 7/8" 3 1/2" 3/4" 4 2 0097380 3/4" 2 1/2" 3/8" 1 1 0097284 3/4" 2 1/2" 5/8" 3 4 0097284 1" 3 1/2" 5/8" 4 2 0097288 (095872) req'd at Flange Brace to Secondary. 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 13 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POP <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. ativ133301M384 nmn 18:15:OS a tll Nion of OeSwpe BUIItlIPgs Noah America Ino. Page 129 of 530 Frame Member Schedule Part Mem Width CX003 1 8.0000 RBX005 2 8.0000 3 8.0000 RBX006 4 8.0000 5 8.0000 RBX007 6 8.0000 7 8.0000 RBX008 8 8.0000 9 8.0000 CX004 10 8.0000 28 -10 1/2 3 3'-10 1/2" 2 2 @ 2'-6 1/8" 1 8 1/2" ❑ Dimension Key Thick WebThk. Depthl Depth2 Approx.Lgth .5000 .3125 1'-0" 4'-10" 28'-0 5/16" .6250 .2500 4'-4" 2'-9" 20'-5" .6250 .1875 2'-9" 2'-9" .3750 .1875 2'-9" 2'-9" .6250 .1875 2'-9" 3'-4" .6250 .1875 3'-4" 2'-7" .5000 .1644 2'-7" 2'-7" .6250 .1875 2'-7" 2'-7" .6250 .2500 2'-7" 4'-4" .5000 .3125 1'-0" 4'-5" (2) HFB6022 HFB5077 (2) HFB4050 35'-0 1/16" 35'-0" 18'-11 15/16" 25'-7 3/4" Approx.Weight 2124# 1375# 1925# 1921# 1265# 1848# 0 m 0) 6 @ 2'-6" (2)GFB5057 120'-0 5/16" 0.2500:12 N N 0 B RBX006 T T- T 18 @ 5'-0" Frame Clearances Horiz. Clearance between members 1(CX003) and 10(CX004): 109'-3 15/16" Vert. Clearance at member 1(CX003): 23'-6 5/8" Vert. Clearance at member 10(CX004): 21'-0 5/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 120'-0" 7 RBX007 RBX008 4 @ 2'-6" 0 FRAME CROSS SECTION AT FRAME LINE(S) 14 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 14 (2)GFB5077 (2)HFB4050 BL 26'-4 1/2" ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In A 12 A325 7/8" 3 1/2" 3/4" 4 2 0097380 B 6 A325 3/4" 2 1/2" 3/8" 1 1 0097284 C 12 A325 3/4" 2 1/2" 5/8" 2 4 0097284 D 8 A325 3/4" 2 1/2" 3/8" 1 2 0097284 E 12 A325 1" 3 1/2" 5/8" 4 2 0097288 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 14 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDER POIX <BUTLER.> e Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWN/CHECK'. PAGE'. VPC FILENAME. acNIM01M384 nmn 18 OS a tll Nion of McSwpe BUIItlIPgs Noah America Ino. Page 130 of 530 Frame Member Schedule Part Mem Width CX001 1 5.0000 RBX016 2-5 5.0000 RBX002 6 5.0000 RBX017 7-9 5.0000 RBX018 10-13 5.0000 CX002 14 5.0000 EPX004 15 6.0000 EPX005 16 6.0000 EPX006 17 6.0000 5 3'-10 1/2" 4 2 @ 2'-6 1/8" 3 3'-6" 2 4'-0" 1 8 1/2" ❑ Dimension Key Thick .1875 .1875 .1345 .1875 .1875 .1875 .2500 .2500 .2500 0 1n L m❑ WebThk. .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 GFB2063 GFB2063 Depthl 1'-2" 1'-3" 1'-3" 1'-3" 1'-3" 11" 1'-0" 1'-0" 11" Depth2 1'-2" 1'-3" 1'-3" 1'-3" 1'-3" 11" 1'-0" 1'-0" 11" Approx.Lgth 26'-9 5/16" 35'-11 9/16" 20'-0 3/8" 30'-0 1/16" 33'-11 13/16" 24'-3 7/8" 26'-2 1/16" 25'-6 9/16" 24'-11 1/16" Approx.Weight Detail Cee Mark No 365# 483# 240# 410# 458# 296# 430# BR25BD JCP053077 420# BR25BD JCP053077 398# BR25BD JCP053067 i 6 @ 2'-6" 120'-0 5/14" 0.2500:12 0 0 PO 0 0 PO w 0 N 18 @ 5'-0" 0 0 0 N Frame Clearances Horiz. Clearance between members 1(CX001) and 14(CX002): 116'-6" Vert. Clearance at member 1(CX001): 26'-9" Vert. Clearance at member 14(CX002): 24'-3 7/8" Vert. Clearance at member 15(EPX004): 26'-2" Vert. Clearance at member 16(EPX005): 25'-6 1/2" Vert. Clearance at member 17(EPX006): 24'-11" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) 0 0 0 0 O 0 0 0 t4 @ 2'-6" 0 N 10 0 O 10 0 O IT r r T T- 7-" C.' II 1 II - i� --rO--r---T---T---L------r--- w w w w - -T- T --7 -- - K� r r - 7w - T T f I� 1- I= 1- 1- x cx001 0 EPX004 BRSX001 RBX002 (2) GFB2050 0 X a M in O (2)GFB2050 a W 7 2)GFB2050 00 X to a - m O -(2)GFB2050 k W - I 01 f 8 ti N (2)GFB2050 o -6-1 U H 30'-0" CL 30'-0" CL 30'-0" CL 30'-0" 120 -0" BL 3 (1)JCP053067 2 (1)JCP053077 1 (1)JCP053077 0 Part Key FRAME CROSS SECTION AT FRAME LINE(S) 15 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 Wall 4, Frame 15 GFB2050 GFB2050 BL ()Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Dia. Length A 4 A325 1/2" 1 1/2" B 6 A325 1/2" 1 1/2" C 8 A325 1/2" 1 1/2" D 8 A325 1/2" 1 1/2" Plate Thick. 3/8" 1/4" 1/4" 1/4" Rows Out 1 1 2 1 3 1 2 2 4 0 rn M Rows PartNo In 49080 49080 49080 49080 1. USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS, SECONDARY CLIP CONNECTIONS, AND FLANGE BRACE CONNECTIONS, UNLESS NOTED OTHERWISE. 2. SLOT REINFORCEMENT PLATES NEED NOT BE LOCATED ON THE SAME SIDE OF THE WEB AS THE HILLSIDE WASHER. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Frame at 15 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa aaoJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP <BUTLER> • Butler Manufacturing vac VERSION. ADVNXT 5.7 JOB K'. DATE 2/6/2023 DRAWNICHECK: PAGE: VPC FILENAME.acIVI M01M384 nmn 18 OS a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 131 of 530 Secondary Mark El E2 E3 E4 P1 P2 P3 P4 P5 P6 P7 Part Schedule Part 11H2911411ADB30 11E2911416ADB30 11H2911411DDB30 11E2911416DDB30 10Z3311415A5B3 10Z3311413A5B3 10Z3311411A5B3 10Z371141555B2 10Z371141355B2 10Z371141655B2 00110ZS3311415B3 OSecondary Bracing Schedule Id Qty Mark No 1 18 PBA0209 2 72 CPBB020708 3 672 CPBB050108(Typ.) 4 32 CPBB020712 5 77 PBA0210 6 59 PBA0503 See SED: BRO9K5, BRO9JG, BRO9RY, BRO9RZ, BRO9JR BRO9JH, BRO9K2 Thick. 0.1130 0.0680 0.1130 0.0680 0.0730 0.0880 0.1130 0.0730 0.0880 0.0680 0.0730 O 1 1'-0" Dimension Key Depth Lap 11 1/2" 11 1/2" 11 1/2" 11 1/2" 10" 10" 10" 10" 10" 10" 10" 0 0 1-1 Spacing 2'-6" 2'-6" 5'-0" 2'-6 1/8" 2'-6 1/8" 5'-0" 3'-10 3'-10 3'-10 3'-10 3'-10 3'-10 3'-10 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" Detail RS12PF, RS12PH, BRO9W2 RS12PA, RSO2T1, RSO2T1, RSO2T1, RSO1U1 RSO1U1 RSO1U1 RSO2T1, BRO9W2 RS12PA, RS12PJ RS12PJ RS11SB, RSO1U1 RSO1U1 RSO1U1 RS11SB, RSO1U1 5 O6 7 O8 ® (10 / TiU ' /, 1 f /, � ! f1 ' 1 ♦ ! f `1 1 f ► 1 ! f..'.,1, ♦ 1 f `1, .-1\ f1.. 1, L.i !Q • L, -1\ E e L:.t\ . A Li ll8 ♦ , i i;;yj �s'' !„ l�.S':.f !u lai aJ • l;,:J lasal • !;. aJ. 1,.i 0 l ,t,,.11 1we12 l ,;,,i i;;;i,;i;•�;' •'% �i;'y;i;•ii �y 0 �..•;, r. �,i I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 :-..','""" 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 w.N• 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 I I I 1 1 1 1 I P, 1 1 Pd I 1 1 I 1 . P --+-P.7 1 1 1 1 I I I I I I I I I I I I I I I I 7 11 I I i +— I I I 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 I I 1 1 I 1 1 1 1 [I I I I I 1 1 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I I I 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I 1 1 I I I I 1 I I 1 I I I I I I I 1 1 I I 1 I I 1 I I 1 1 I I I I I P, 1 1 P� I 1 1 1 1 I 1 1 1 1 P.i I P.� I [1 I 1 I P.g 1 1 I I I I 1 1 I I 1 1 I I 1 1 1 1 I I 1 1 I 1 1 1 1 I I I I 1 1 1 1 1 01 I 1 1 I I I I I I I I I 1 1 1 1 1 1 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 1 1 1 I I 1 1 I I 1 1 I I I I I I I I I 1 1 1 1 I 1 1 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I I I [I I I I I 1 1 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I I I 1 1 1 1 I I I I I I Pg I I I I I P� I I I I I I I I I I I I I I I I I I P I I I I I P4 P1 I i i I � I � � I I � I 1 1 I I I .% 1 1 1 1 1 1 11 1 1 11 1 1 11 1 1 11 1 1 11 1 1 11 1 1 11 1 11 1 1 11 1 1 11 1 1 11 1 1 11 1 1 1 1111 G H1 �;'. •• ��; r, 1; �;; �, I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 I I 1 1 ••,•, �•.':,•;, ;:a;;� '' ' r - %I © 4etti © 4�rt;'i © 4CO © 4ty':3 © • 4di,'5 ' ©l 6,4'';; © • 40N © • 40,'5 ' ©• 4,4'3 © • 40t © • 4dVa• .. %� 29'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 30'-0" 29'-0" BL 420 -0" ROOF SECONDARY PLAN Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 BL ()Part Mark Key 1 001SGA08086 2 001SGA18084 3 001SGA19114 4 001SGA12054 5 002SGA08086 6 002SGA18084 7 002SGA19114 8 002SGA12054 1. UNLESS NOTED, USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS. 2. FLANGE BRACES ARE AN INTEGRAL PART OF THE STABILITY OF THE STRUCTURAL SYSTEM AND MUST BE PROPERLY INSTALLED PRIOR TO ERECTION OF WALL AND ROOF SHEETS. 3. REMOVAL OR ALTERATION OF ANY COMPONENT IS PROHIBITED. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 ROOF SECONDARY PLAN REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOM CDUTLER) Butler Manufacturing vac VERSION. ADVNXT 5.7 JOB i/ DATE 2/6/2023 DRAWN/CHECK: PAGE: VPC FII FNAMF. ativ133301M384 nmn 18:15:08 a tll Nion of BaJeSwpe 6.ings North America Ino. Page 132 of 530 Secondary Mark G1 G2 G3 G4 G5 G6 G7 J1 J2 Part Schedule Part 00108ZS090841700 00208ZS330241500 08Z3302415Q500 08Z35114164400 08Z35114174400 00308ZS330241500 08Z3302413Q500 00108JS0702217 00208JS0702217 0 Thick. 0.0600 0.0730 0.0730 0.0680 0.0600 0.0730 0.0880 0.0600 0.0600 Depth Lap 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 3'-10 3'-10 2'-10 2'-10 3'-10 3'-10 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" Detail WS12A2, WS12A2, WS12A2, BRR052, BRR052, WS12A2, WS12A2, BR10F5, BR10F5, WS20F2, BR10F5, WS01G3, WS01G3 WS01G3 BR10F5, BRR052, WS20B2, WS20B2, BR10F5, BRR052 WS01G3, BRR052 BRR052 BRR052, WS01G3 WS01G3 WS20B8 WS20B8 Y -/ Os l'S G7 G3(Typ.) G5 k' G5(Typ.) G3 O ' K p.) G4 G4 G3 O ' G6 q G2 0,o © O G1 n ph4e / n Gl 10'-9" 1W1B0 30'-0" CL 1W1B1 30'-0" Bracing Part Schedule BL Part Qty Length 05RS3905 1 39'-5" 05RS3900 1 39'-0" 3 3'-10 1/2" 2 3'-6" 1 4'-0" Dimension Key Detail BR01G2 BR01G2 4 GFA106 3 PG1 2 JTG1 1 VCC07003090 ()Part Mark Key CL 120 -0" 1W1B2 30'-0" 1W1B3 CL 30'-0" 10'-9" SECONDARY ELEVATION AT 1 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 1 BL 28'-10 1/2" 1. UNLESS NOTED, USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS. 2. FLANGE BRACES ARE AN INTEGRAL PART OF THE STABILITY OF THE STRUCTURAL SYSTEM AND MUST BE PROPERLY INSTALLED PRIOR TO ERECTION OF WALL AND ROOF SHEETS. 3. REMOVAL OR ALTERATION OF ANY COMPONENT IS PROHIBITED. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Secondary at 1 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP <BUTLER> • Butler Manufacturing vPc VERSION. ADVNXT 5.7 JOBK'. DATE 2/6/2023 DRAWNICHECK: PAGE: VPC FII FNAW. ativ133301M384 nmn 18:15:09 a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 133 of 530 Secondary Mark G10 Gl1 G5 G8 G9 J1 J2 Part Schedule Part 08Z3311416A500 00608ZS331141600 08Z35114174400 00408ZS100541700 00508ZS331141600 00108JS0702217 00208JS0702217 Thick. 0.0680 0.0680 0.0600 0.0600 0.0680 0.0600 0.0600 (14) Depth 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" Lap 3'-10 1/2" 3'-10 1/2" 2'-10 1/2" 3'-10 1/2" Detail WS12A2, WS12A2, BRR052, WS12A2, WS12A2, BR10F5, BR10F5, BRR052, WS01G3 BR10F5, WS01G3 WS20F2, BR10F5 BRR052, WS01G3 WS20B2, WS20B8 WS20B2, WS20B8 BRR052, WS01G3 s�9 s39oS (Typ. ) h -G10 (T )- —G10 G5(Typ.) G5(Typ.) Typ.) G5(Typ.) G5(Typ.) G5(Typ.) G5(Typ.) G5(Typ.) G5(Typ.) Typ.) G5(Typ.) G5(Typ.) - ^ h G9 (R y 4 Gn 0 h 8- CL 1W2B1 29'-0" CL 1W2B2 30'-0" CL 1W2B3 30'-0" CL 1W2B4 30'-0" CL 1W2B5 30'-0" CL 1W2B6 30'-0" CL 1W2B7 30'-0" BL Bracing Part Schedule Part Qty Length 05RS3905 4 39'-5" 4 3'-10 1/2" 3 3'-6" 2 4'-0" 1 1'-0" Dimension Key Detail BR01G2 3 0543333 2 PG1 1 JTG1 ()Part Mark Key CL 420 -0" 1W2B8 30'-0" 1W2B9 30'-0" CL CL 1W2B10 1W2B11 30'-0" 30'-0" CL CL 1W2B12 30'-0" 1W2B13 30'-0" CL CL 1W2B14 29'-0" C SECONDARY ELEVATION AT A Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 2 BL 1. UNLESS NOTED, USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS. 2. FLANGE BRACES ARE AN INTEGRAL PART OF THE STABILITY OF THE STRUCTURAL SYSTEM AND MUST BE PROPERLY INSTALLED PRIOR TO ERECTION OF WALL AND ROOF SHEETS. 3. REMOVAL OR ALTERATION OF ANY COMPONENT IS PROHIBITED. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Secondary at A REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP <BUTLER> • Butler Manufacturing vPc VERSION. ADVNXT 5.7 JOBK'. DATE 2/6/2023 DRAWNICHECK: PAGE: VPC PII FNism ativ13330 nu nmn 18:15:09 a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 134 of 530 Secondary Mark G1 G2 G3 G4 G5 G6 G7 J1 J2 Part Schedule Part 00108ZS090841700 00208ZS330241500 08Z3302415Q500 08Z35114164400 08Z35114174400 00308ZS330241500 08Z3302413Q500 00108JS0702217 00208JS0702217 28'-10 1/2" 0 Y Thick. 0.0600 0.0730 0.0730 0.0680 0.0600 0.0730 0.0880 0.0600 0.0600 Depth Lap 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 8 1/2" 3'-10 3'-10 2'-10 2'-10 3'-10 3'-10 1/2" 1/2" 1/2" 1/2" 1/2" 1/2" Detail WS12A2, WS12A2, WS12A2, BRR052, BRR052, WS12A2, WS12A2, BR10F5, BR10F5, WS20F2, BR10F5, BRR052, WS01G3 WS01G3 BR10F5, WS01G3, WS20B2, WS20B2, BR10F5, BRR052 WS01G3, BRR052 WS01G3 BRR052, WS01G3 BRR052 WS20B8 WS20B8 Y ' I I II I �� \G7 O I OO 4) SS �0S C ' G3 G5(Typ.) G5(Hi G3(Typ.) G3 O G2 .) G4 ^' V ' m G4 0 0 4- Z G6 GP O G1 n G1 10'-9" 1W3B0 30'-0" CL 1W3B1 30'-0" Bracing Part Schedule BL Part Qty Length 05RS3900 1 39'-0" 05RS3905 1 39'-5" 2 3'-6" 1 4'-0" Dimension Key Detail BR01G2 BR01G2 4 GFA106 3 PG1 2 JTG1 1 VCC07003090 O Part Mark Key CL 120 -0" 1W3B2 30'-0" 1W3B3 CL 30'-0" 10'-9" SECONDARY ELEVATION AT 15 Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 3 EL 1. UNLESS NOTED, USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS. 2. FLANGE BRACES ARE AN INTEGRAL PART OF THE STABILITY OF THE STRUCTURAL SYSTEM AND MUST BE PROPERLY INSTALLED PRIOR TO ERECTION OF WALL AND ROOF SHEETS. 3. REMOVAL OR ALTERATION OF ANY COMPONENT IS PROHIBITED. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Secondary at 15 REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION . Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOA <BUTLER> • Butler Manufacturing vPc VERSION. ADVNXT 5.7 JOBK'. DATE 2/6/2023 DRAWN/CHECK: PAGE: VPC FII FNAW: acIAIM01M384 nmn 18:15:09 a A Nion of BAeSwpe DAMiPgs North America Ino. Page 135 of 530 Secondary Part Schedule Mark Part Thick. G10 08Z3311416A500 0.0680 8 G11 00608ZS331141600 0.0680 8 G12 08Z3311415A500 0.0730 8 G13 00708ZS370841400 0.0790 8 G14 00808ZS370841700 0.0600 8 G15 08Z33114163300 0.0680 8 G16 08Z33114173300 0.0600 8 G17 08Z37114165500 0.0680 8 G18 08Z37114175500 0.0600 8 G19 00908ZS220541700 0.0600 8 G20 01008ZS380841600 0.0680 8 G21 01108ZS050541700 0.0600 8 G22 01208ZS050541700 0.0600 8 G23 01308ZS380841500 0.0730 8 G24 01408ZS370841400 0.0790 8 G25 01508ZS370841700 0.0600 8 G4 08Z35114164400 0.0680 8 G5 08Z35114174400 0.0600 8 1/2" G8 00408ZS10054 0 0.06 8 1/2" G9 00508ZS3311 l0 0.0 8d 8 1/2'EiJ 3'-10 1 H1 00308JS200001 0.060 8 1/2" H2 00708JS090001 0.060 8 1/2" J1 00108440702217 0.0600 8 1/2" J2 0 02217-----eTo6e3----8-r/-2"- J3 00 0 0221 GET20793 8 1/2" J4 00 08 0404417 GMG OG0) 0 1/2" J5 00 08 050141+ G]p0. 0603 G5 (f'yp/-21«-- J6 00 0 0221 N_,,, G(4.060) 1 41/Z" h 1W4B1 29'-0" CL CL Depth Lap 1/2" 3'-10 1/2" 3'-10 1/2" 3'-10 1/2" 2'-10 1/2" 2'-10 1/2" 1'-10 1/2" 1'-10 1/2" 3'-10 1/2" 3'-10 1/2" 1/2" 3'-10 1/2" 1/2" 1/2" 1/2" 3'-10 1/2" 1/2" 2'-10 1/2" 1/2" 2'-10 1/2" 1/2" 2'-10 1/2" 2'-10 1/2" 1W4B2 30'-0" CL 30'-0" CL Detail 1/2" WS12A2, 1/2" WS12A2, 1/2" WS12A2, 1/2" WS20F2, 1/2" WS20F2, 1/2" BRR052, 1/2" BRR052, 1/2" BRR052, 1/2" BRR052, BRR052, BRR052, BRR052, WS20F2 WS20F2, BRR052, BRR052, BRR052, BRR052, WS12A WS12 WS20F9 WS20F9 BR10F5 30'-0" BRR052, BR10F5, BRR052, BRR052, BRR052, WSO1G3 WSO1G3 WS01G3 WS01G3 WS01G3, WSO1G3, WSO1G3, WS01G3 BRR052, WS01G3 WS01G3 WS01G3 WS20F2 WS20F2 WS20F2 BRR052, WS01G3 WS01G3, WS20F2 WS01G3, WS20F2 WSO1G3 WSO1G3 WS20F2, B F5 RR052, S6 3 WS20B2, WS20B8 S20B-eB8- 5flfl-"20'-0" CL 30'-0" CL WS01G3 30'-0" 30'-0" CL BL Bracing Part Schedule Part Qty Length 06RS4100 4 41'-0" 4 3'-0" 3 3'-6" 2 4'-0" 1 1'-0" Dimension Key Detail BR01G2 3 TSC1 2 PG1 1 JTG1 ()Part Mark Key 030 1404B8 1W4B9 30'-0" 30'-0" CL CL 420 -0" CL 30'-0" e2 5 p'>G2 4 64 1W4B11 CL r (14) 30'-0" CL G5(Typ.) 1W4B12 30'-0" CL G5(Typ.) G4 1W4B13 G12 G10I G10 G I "-G8 N I 1W4 14 30'-0" 29'-0" �# CL CI SECONDARY ELEVATION AT E Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 4 BL 1. UNLESS NOTED, USE 1/2 X 1 1/2 A325T BOLT (49080) AND NUT (47120) W/O WASHERS. SNUG TIGHTEN BOLTS FOR ALL SECONDARY CONNECTIONS. 2. FLANGE BRACES ARE AN INTEGRAL PART OF THE STABILITY OF THE STRUCTURAL SYSTEM AND MUST BE PROPERLY INSTALLED PRIOR TO ERECTION OF WALL AND ROOF SHEETS. 3. REMOVAL OR ALTERATION OF ANY COMPONENT IS PROHIBITED. THE BUTLER MFG. ENGINEERS SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEERS SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Secondary at E REV: DATE: BY'. DESCRIPTION. BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER LOCATION Waterloo, Iowa PROJECT. Fischels West Parker Building DRAWING SCALE: NTS BUILDERSPOP <BUTLER> • Butler Manufacturing vPc VERSION. ADVNXT 5.7 JOBK'. DATE 2/5/2023 DRAWNICHECK: PAGE: VPC FII FNAW. ativ133301M384 nmn 18:15:09 a tll Pion of McSwpe BUIItlIPgs North America Ino. Page 136 of 530 Covering Schedule Id Qty Start Length #9 105 41'-0 1/4" #10 105 45'-6" #11 105 35'-5 1/2" Oper. Code:13=SQ, NT Oper. Code:10=SQ, NT Oper. Code:11=SQ, SQ Finish:Z=A1Zn Color:AZ=Plain A1Zn Accessory Schedule Qty 7 10 3 Color Beige Cool Shell Gray Beige T1 Qty 105 105 105 Stagger Length 46'-0 1/4" 45'-6" 30'-5 1/2" Type MR24 MR24 MR24 Gage 24 24 24 OP 13 10 11 Color AZ AZ AZ Direction Right to Left Right to Left Right to Left Trim Schedule Id Parts T1 0630043 Color Match Wall Color (14) Details T1 17 T T I7 11 n T T T n 1 1 2 2 1 L 0 0 0 ) 9 0 L -1- r T IT n T T T n Description 3070 Door - Standard Shadowall 3070 Walk Door Trim Detail BL 3070 Door - Standard 420'-0" ROOF COVERING PLAN Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23 1 BL Planograph Schedule Id Details Ti P-080572, P-081236, P-103223, P-104542, P-104714 1. PRE -DRILLING 1/8 DIAMETER HOLES FOR STRUCTURAL FASTENERS MAY BE REQUIRED FOR HEAVY GAGE NESTED ZEE's AND/OR FASTENERS TO STRUCTURAL BEAMS 2. STEEL PANELS ARE AN INTEGRAL PART OF THE STRUCTURAL SYSTEM. REMOVAL OR ALTERATION WITHOUT PRIOR AUTHORIZATION IS PROHIBITED. 3. DUE TO MANUFACTURING LIMITATIONS SHORT PANELS MAY REQUIRE FIELD CUTTING, SEE THE COVERING SCHEDULE FOR CUT LENGTHS. 4. SEE JOB DETAILS FOR COVERING AND TRIM FASTENER SPECIFICATION. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 ROOF COVERING PLAN REV. DATE'. DESCRIPTION: BUILDER: Hauptly Construction Inc. CUSTOMER: LOCATION: Waterloo, Iowa PROJECT: Fischels West Parker Building DRAWING SCALE: NTS BUILDER'S POS: <BUTLER> • Butler Manufacturing VPC VERSION: ADVNXT 5.7 JOB M: DATE 2/6/2023 DRAWN/CHECK: PAGE: VPC FILENAME:.v1222012281 21W2B23 a di Nion of BlueScope Buildings North America Inc. Page 137 of 530 Covering Schedule Id Qty Type #1 40 SHP Oper. Code:1=SQ, SQ Finish:K=Butler-Cote Color:SY=Cool Shell Gray Start Length 26'-6 1/2" N Gage OP 26 1 Fin. Color Increment K SY 3/4" Direction Left to Right n T9 N N (40)111 T1 Trim Schedule Id Parts Ti (8)BG2215, (10)BT12A T2 (4)0620163, (3)SHOCT12 T3 (4.5)0620163, (3)SHOCT12 T4 (6)MRGT2OL, (10)SHCL12, (12)WA10A n Color Match Wall Color Match Wall Color Match Wall Color Cool Shell Gray Details ENB006, GV386, GV443, NV115, NV120 NV118, NV119, NV133, NV134 NV118, NV119, NV133, NV134 KV403, KV404, PV167 Y BL Fastener Schedule Part Description 0097365-112 (T-3) #12-14 x 1 1/4", T-30 Torx Hd w/Washer 0097364-112 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 120' 0" COVERING ELEVATION AT 1 Shape Name = 120 x 420 x 26-6 LS 8 29 HS LRST 1-30-23, Wall = 1 BL Planograph Schedule Id Details Ti P-081180, 9-081505 T2 P-081180, 9-081185 T3 9-081180, 9-081185 T4 P-081167, P-081183, P-GAI 28'-10 1/2" 1. PRE -DRILLING 1/8 DIAMETER HOLES FOR STRUCTURAL FASTENERS MAY BE REQUIRED FOR HEAVY GAGE NESTED ZEE's AND/OR FASTENERS TO STRUCTURAL BEAMS 2. STEEL PANELS ARE AN INTEGRAL PART OF THE STRUCTURAL SYSTEM. REMOVAL OR ALTERATION WITHOUT PRIOR AUTHORIZATION IS PROHIBITED. 3. DUE TO MANUFACTURING LIMITATIONS SHORT PANELS MAY REQUIRE FIELD CUTTING, SEE THE COVERING SCHEDULE FOR CUT LENGTHS. 4. SEE JOB DETAILS FOR COVERING AND TRIM FASTENER SPECIFICATION. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMA PION HEREON, REMAINS IHE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTFN APPROVAL OF BUTLFR MFG. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Covering at 1 DATE BY BUILDER Hauptly Construction Inc. CUSTOMER LOCATION: Waterloo, Iowa PROJECT: Fischels West Parker Building NTS BUIMMIS PCP: (BUTLER> • Butler Manufacturing eC VERSION. ADVNXT 5.7 JOB IN 2/6/2023 DRawarCM K. PAGE NV128, NV130, NV135, NV143, NV664, WCB082, WCB083, WCB085, WCB086, WSR065 216/2623 d: Ia. of SlueScope Buildings: WW1 Amedca Inc Page 138 of 530 Covering Schedule Id Qty Type #2 110 SHP #3 30 SHP Oper. Code:1=SQ, SQ Finish:K=Butler-Cote Color:SY=Cool Shell Gray Color:GT=Cool Gray Stone Start 26'-6 26'-6 F Length 1/4" 1/4" Gage OP 26 1 26 1 Fin. K K Color SY GT T5 Direction Left to Right Left to Right T6 Trim Id T1 T2 T3 T4 T5 T6 T7 T8 Schedule Parts (11)BG2215, (14)BT12A (6)BG2215, (7.5)BT12A CTB2L, CTB2R (4)0620163, (3)SHOCT12 (14)CLE12C, (14)SHCL12, (8)CLE12C, (7.5)SHCL12, 0008738, (2)4CE45, 4CE75, 0008738, (2)4CE45, 4CE75, (7)WGTR25 (4)WGTR25 (3)CP410 (3)CP410 T5 Color Match Wall Color Match Wall Color Match Wall Color Match Wall Color Cool Shell Gray Cool Shell Gray Match Wall Color Match Wall Color ( 55 T 2 ce ce T 2 55 2 I T BL Fastener Schedule Part Description 0097364-112 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 0097364-116 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 420' 0" COVERING ELEVATION AT A Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 2 3 BL Planograph Schedule Id Details T1 P-081180, P-081505 T2 P-081180, P-081505 T3 9-081180, 9-081505 T4 9-081180, 9-081185 T5 P-080082, 9-080089, T6 P-080082, 9-080089, T7 9-105224, 9-105225, T8 9-105224, 9-105225, Details ENB006, GV386, GV443, ENB006, GV386, GV443, ENB006, NV664 NV118, NV119, NV133, NV134 MV274, NV110, NV116, NV131 MV274, NV110, NV116, NV131 KV846 KV846 P-081241, P-105017 P-081241, P-105017 P-105228 P-105228 NV115, NV120 NV115, NV120 1. PRE -DRILLING 1/8 DIAMETER HOLES FOR STRUCTURAL FASTENERS MAY BE REQUIRED FOR HEAVY GAGE NESTED ZEE's AND/OR FASTENERS TO STRUCTURAL BEAMS 2. STEEL PANELS ARE AN INTEGRAL PART OF THE STRUCTURAL SYSTEM. REMOVAL OR ALTERATION WITHOUT PRIOR AUTHORIZATION IS PROHIBITED. 3. DUE TO MANUFACTURING LIMITATIONS SHORT PANELS MAY REQUIRE FIELD CUTTING, SEE THE COVERING SCHEDULE FOR CUT LENGTHS. 4. SEE JOB DETAILS FOR COVERING AND TRIM FASTENER SPECIFICATION. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTFN APPROVAL OF BUTLFR MFG. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Covering at A DATE BY BUILDER Hauptly Construction Inc. CUSTOMER LOCATION: Waterloo, Iowa PROJECT: Fischels West Parker Building NTS BUIMMISPOR (BUTLER> • Butler Manufacturing eC VERSION. ADVNXT 5.7 JOBS 2/6/2023 DRawarCM K. PAGE NV128, NV130, NV135, NV143, NV664, WCB082, WCB083, WCBO85, WCBOB6, WSRO65 NV128, NV130, NV135, NV143, NV664, WCB082, WCB083, WCBO85, WCBOB6, WSRO65 216/2623 d: Ia. of SlueScope Buildings: WW1 Amedca Inc Page 139 of 530 Covering Schedule Id Qty Type #4 40 SHP Oper. Code:1=SQ, SQ Finish:K=Butler-Cote Color:SY=Cool Shell Gray 28'-10 1/2" Start Length 28'-11 3/4" 7 F Gage OP 26 1 Fin. Color Increment K SY -3/4" Direction Left to Right T4 Trim Schedule Id Parts Ti (8)BG2215, (10)BT12A T2 CTB2L, CTB2R T3 (4.5)0620163, (3)SHOCT12 T4 (6)MRGT2OR, (10)SHCL12, (12)WA10A Color Match Wall Color Match Wall Color Match Wall Color Cool Shell Gray Details ENB006, GV386, GV443, NV115, NV120 ENB006, NV664 NV118, NV119, NV133, NV134 KV403, KV404, PV167 28'-10 1/4" 28'-9 1/2" 28'-8 3/4" 28'-7 1/4" 28'-6 1/2" 28'-5 3/4" 28'-3 1/2" 28'-2 3/4" 28'-1 1/4" 28'-0 1/2" 27'-11 3/4" 27'-10 1/4" N (40 T #4 27'-7 1/4" 27'-6 1/2" 27'-5 3/4" 27'-4 1/4" 27'-3 1/2" 27'-2 3/4" 27'-1 1/4" 27'-0 1/2" 26'-11 3/4" 26'-10 1/4" 26'-9 1/2" t T BL Fastener Schedule Part Description 0097365-112 (T-3) #12-14 x 1 1/4", T-30 Torx Hd w/Washer 0097364-112 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 120 0" 2 COVERING ELEVATION AT 15 Shape Name = 120 x 420 x 26-6 LS 8 29 HS LRST 1-30-23, Wall = 3 BL Planograph Schedule Id Details Ti P-081180, 9-081505 T2 P-081180, 9-081505 T3 9-081180, 9-081185 T4 P-081167, P-081183, P-GAI 1. PRE -DRILLING 1/8 DIAMETER HOLES FOR STRUCTURAL FASTENERS MAY BE REQUIRED FOR HEAVY GAGE NESTED ZEE's AND/OR FASTENERS TO STRUCTURAL BEAMS 2. STEEL PANELS ARE AN INTEGRAL PART OF THE STRUCTURAL SYSTEM. REMOVAL OR ALTERATION WITHOUT PRIOR AUTHORIZATION IS PROHIBITED. 3. DUE TO MANUFACTURING LIMITATIONS SHORT PANELS MAY REQUIRE FIELD CUTTING, SEE THE COVERING SCHEDULE FOR CUT LENGTHS. 4. SEE JOB DETAILS FOR COVERING AND TRIM FASTENER SPECIFICATION. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTFN APPROVAL OF BUTLFR MFG. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. B BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23-Covering at 15 DATE BY DESCRIPTION BUILDER Hauptly Construction Inc. CUSTOMER LOCATION: Waterloo, Iowa PROJECT: Fischels West Parker Building DRAWING SCALE' NTS RUIMM'S POP: (BUTLER> • Butler Manufacturing eC VERSION. ADVNXT 5.7 JOB q' 2/6/2023 MANNCMCIIC PAGE NV128, NV130, NV135, NV143, NV664, WCB082, WCB083, WCB085, WCB086, WSR065 WC FILENAME' acIv1212011284 216/2023 Page 140 of 530 Covering Schedule Id Qty Type #5 98 SHP #6 12 SHP #7 12 SHP #8 18 SHP Oper. Code:1=SQ, SQ Oper. Code:2=SQ, SQ Finish:K=Butler-Cote Color:SY=Cool Shell Gray Color:GT=Cool Gray Stone Start Length Gage OP 29'-0 1/4" 26 1 12'-11 3/8" 26 2 29'-0 1/4" 26 1 18'-11 3/8" 26 2 Fin. K K K K Color SY SY GT GT T10 Direction Left to Right Left to Right Left to Right Left to Right T11 Trim Schedule Id Parts T1 DSF12C T2 DFT10, DGS12 T3 (1.5)DSF12C T4 DFT12, DFT10, (2)DGS12 T5 (0.2)BG2215, (0.5)BT12A T6 (0.4)BG2215, (0.5)BT12A T7 (1.3)BG2215, (2)BT12A T8 (8.3)BG2215, (10.5)BT12A T9 CTB2L, CTB2R T10 (13.2)630598, (14)SHCL12, T11 (7.2)630598, (7.5)SHCL12, Color Details Match Wall Color NV568, NV569, WCB024, WCB025 Match Wall Color WCB144 Match Wall Color NV568, NV569, WCB024, WCB025 Match Wall Color WCB144 Match Wall Color ENB006, GV386, GV443, Match Wall Color ENB006, GV386, GV443, Match Wall Color ENB006, GV386, GV443, Match Wall Color ENB006, GV386, GV443, Match Wall Color ENB006, NV664 (2)0630393 Cool Shell Gray ENB004, NV110, NV667, RCB420 (2)0630393 Cool Shell Gray ENB004, NV110, NV667, RCB420 T10 T 9 4 2 T ) ♦i 3 5 L H i(3)1F6/ T4 011 7 T 45 7 ) S .4)34 Id) 4A E 2, 1$ 10)) 4b k2 E .d)48 k; F Id) 4e F N TS 7 T 44 F 2 T 15 8 T B BL 125'-0" t20 0 I- 23'-0" !' �'-9a-46" 1.-44 Fastener Schedule Part Description 0097364-112 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 0097364-116 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 1. PRE -DRILLING 1/6 DIAMETER HOLES FOR STRUCTURAL FASTENERS MAY BE REQUIRED FOR HEAVY GAGE NESTED ZEE's AND/OR FASTENERS TO STRUCTURAL BEAMS 2. STEEL PANELS ARE AN INTEGRAL PART OF THE STRUCTURAL SYSTEM. REMOVAL OR ALTERATION WITHOUT PRIOR AUTHORIZATION IS PROHIBITED. 3. DUE TO MANUFACTURING LIMITATIONS SHORT PANELS MAY REQUIRE FIELD CUTTING, SEE THE COVERING SCHEDULE FOR CUT LENGTHS. 4. SEE JOB DETAILS FOR COVERING AND TRIM FASTENER SPECIFICATION. THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. 420' 0" Oa-1160 ' 0�23'-0"'j' 20' -0" 125 0 COVERING ELEVATION AT E Shape Name = 120 x 420 x 26-6 LS & 29 HS LRST 1-30-23, Wall = 4 THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. B REV DATE Planograph Schedule Id T1 T2 T3 T4 T5 T6 T7 T8 T9 BUTLER MANUFACTURING T10 1540 GENESSEE ST. KANSAS CITY, MO 64102 Tl1 BY 9 EL NV115, NV120 NV128, NV115, NV120 NV128, NV115, NV120 NV128, NV115, NV120 NV128, Details 2-081201, P-081202, 2-081203 P-081202 2-081201, P-081202, 2-081203 P-081202 P-081180, P-081505 P-081180, P-081505 P-081180, P-081505 P-081180, P-081505 -F-081180, P-081505 R 5N20 &P10EIZST 1-30-23-Covering at E 2-080575, 2-080789, 2-081239 BUILDER Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG, ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING, CUSTOMER LOCATION: Waterloo, Iowa PRWIECT. Fischels West Parker Building DRAWING SCALE NTS BUILDER'S POW • Butler Manufacturing VFW VERSION ADVNXT 5.7 DATE 2/6/2023 DRAWN/GRE7 PAGE NV130, NV135, NV130, NV135, NV130, NV135, NV130, NV135, NV143, NV143, NV143, NV143, NV664, WCB082, NV664, WCB082, NV664, WCB082, NV664, WCB082, WCB083, WCB083, WCB083, WCB083, WCB085, WCB086, WCB085, WCB086, WCB085, WCB086, WCB085, WCB086, WSR065 WSR065 WSR065 WSR065 2.20.23 Page 141 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rudy Jones, Community Development Director Community Development Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as July 17, 2023, to review the proposed funding recommendations for the FY2024 Annual Action Plan for CDBG and HOME program funds for the Waterloo/Cedar Falls Consortium set forth by the Community Development Board, and direct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION We request authorization to set the date for a public hearing on July 17, 2023 SUMMARY STATEMENT AND BACKGROUND INFORMATION A 30 day comment period was held June 13, 2023- July 14, 2023. No comments have been received to date NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 142 of 530 ATTACHMENTS 1. Courier Comment Period DA -30 day comment June-july 14.docxnew one.docxupdated june 12 2. FY24 Annual Action Plan Draft 3. PH FY24 CDBG and Home Program Funds Annual Action Plan - 7.17.23 Page 143 of 530 Publish June 12 for a comment period June 13- July 14, 2023 PLEASE SUBMIT 3 AFFIDAVITS AND BILL TO: Community Development Board Carnegie Annex - Suite 202 620 Mulberry Street Waterloo, Iowa 50703 NOTICE OF COMMENT PERIOD CITY OF WATERLOO - COMMUNITY DEVELOPMENT FY2024 ONE-YEAR ACTION PLAN The FY24 One -Year Action Plan will be submitted to the U.S. Department of Housing and Urban Development (HUD) by the City of Waterloo, on or about August 4, 2023. The Community Development Board approved a proposed budget on May 16, 2023 which is posted on our website: City of Waterloo/ Community Development/ Current News. A 30-day public comment period will be held from June 13 — July 14, 2023. Comments will be incorporated into the fmal document submitted to HUD. The Waterloo/Cedar Falls HOME Consortium will allocate the FY24 Home Investment Partnership funds in the amount of $565,333 and prior resources in the amount of $1,955,192. City of Waterloo FY24 HOME funds in the amount $446,541 will be used as such: $305, 228 new construction projects $84,780-CHDO activities including new construction and acquisition/ rehabilitation/resale $56, 533 program administration City of Waterloo prior year's resources in the amount of $1,370,598 will be allocated to the following activities: $106,277 for rehabilitation $109,154 to CHDO activities including new construction and acquisition/rehabilitation/resale $20,000 to deposit assistance (TBRA) $418,284 to first time homebuyer down payment assistance $206,830 to acquisition $441,055 to new construction and $68,998 to program administration City of Cedar Falls FY24 funding in the amount of $118,792 will be allocated to the following activities: $88,792 to CHDO activities including new construction and acquisition/rehabilitation/resale and $30,000 to program administration. City of Cedar Falls prior year's resources in the amount of $584,594 will be allocated to the following activities: $50,000 for housing rehabilitation $378,594 to CHDO activities including new construction, housing rehabilitation and acquisition/rehabilitation/resale and $51,000 for deposit assistance (TBRA) $105,000 to first time homebuyer down payment assistance Community Development Block Grant funds for FY24 in the amount of $1,235,161 and prior year's resources in the amount of $2,398,985 funding will be allocated to the following activities: $423, 129 to housing rehabilitation, $100,000 to emergency repairs, $105,000 to public facilities, Page 144 of 530 $90,000 to public services $95,000 to neighborhood services $175,000 to rehabilitation administration $247,032 to program administration CDBG prior year resources in the amount of $2,398, 985 will be allocated to the following activities: $660,873 to housing rehabilitation $599,777 to demolition and site clearance $230,000 to public facilities $246, 052 to emergency repairs $295,349 to rehabilitation administration and $366, 934 to program administration In the event federal funds are more than estimated, the overage will be applied to Single Family Rehabilitation for both CDBG and HOME. The program year for which the funds are intended begins July 1, 2023. None of the activities will cause displacement of persons or businesses from their present location. In the event such displacement would occur, an Anti -displacement and Relocation Assistance Plan has been developed outlining assistance available. This plan will also be available for public review in the Community Development Office. Comments and/or questions may be directed in writing to Rudy D. Jones, Community Development Director, Community Development Board, Carnegie Annex - Suite 202, 620 Mulberry Street, Waterloo, Iowa 50703, phone 319-291-4429, or by email: anita.merfeld@waterloo-ia.org Page 145 of 530 CITY OF 4J$9TERLO 0 Waterloo/Cedar Falls HOME Consortium PROGRAM YEAR 2023 ANNUAL ACTION PLAN CITY FY2024 Annual Action Plan 1 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 146 of 530 Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The purpose of the Five Year Consolidated Plan is to help the City assess the affordable housing and community development needs and market conditions. The City uses its Strategic Plan and additional data that is gathered through community assessments to determine how federal funds from the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs provided through the U.S. Department of Housing and Urban Development will be invested. The Consolidated Plan is carried out through the Annual Action Plan which provides a concise summary of actions, activities and the specific federal and non-federal resources which will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. This Annual Action Plan will lay out the use of funding for the HUD program year 2023 / City fiscal year 2024. Community Development Block Grant funds (CDBG) must be used to assist low -moderate income individuals and households, low -moderate income areas or address an urgent need. The cities of Waterloo and Cedar Falls have established a consortium under the federal HOME program, which allows contiguous units of local government that would not otherwise qualify for funding to form a consortium to directly participate in the program. The City of Waterloo is the designated lead entity for the Waterloo/Cedar Falls HOME Consortium. HOME funding is used to address specific housing needs such as rehabilitation of owner -occupied housing; assistance to homebuyers; acquisition, rehabilitation, or construction of rental housing; and tenant -based rental assistance. 2. Summarize the objectives and outcomes identified in the Plan The goals and outcomes identified in this Action Plan are taken from the Consolidated Plan which describes how federal funds and other resources will be allocated and what other actions will be taken to address community development and affordable housing needs over the next five years. Activities chosen for the fiscal year support these goals. • To provide decent housing in the community by preserving and providing new affordable housing, reducing barriers to housing, increasing supportive housing for those with special needs, and transitioning homeless persons and families into housing. Annual Action Plan 2 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 147 of 530 • Provide suitable living environments by eliminating slums and blight, create safer and more resilient neighborhoods, integration of low and moderate income residents in both communities with housing opportunities, improve access to public services and facilities, and reinvest in deteriorating neighborhoods. • Expand economic opportunities through more jobs paying self-sufficient wages, homeownership opportunities, improving access to employment, development activities that promote long-term community viability, and the empowerment of low and moderate income persons to achieve self-sufficiency through public services and other means. 3. Evaluation of past performance CDBG funding provided match funding for the Lead Hazard Control Program that provides low -moderate income households with lead hazard remediation. CDBG funding was also used to complete necessary repairs and provide rehabilitation that would not otherwise be provided through the Lead Hazard Control/Healthy Homes Grant. The Emergency Repair Program provided low -moderate income homeowners assistance for repairs affecting the health, safety or well-being of the occupants. Habitat for Humanity Critical Repair Program services to low -moderate income homeowners throughout the city and in the targeted Walnut and Church Row Neighborhoods that were in need of immediate home repairs. Neighborhood Services connected low -moderate income neighborhoods to services and worked as a liaison between the city and neighborhood associations. Public Services agencies such as the Salvation Army provided homeless individuals with emergency shelter and services. The Northeast Iowa Food bank provided food boxes to households facing food insecurity. HOME funds provided direct homebuyer assistance up to $10,000 for low -moderate income first time homebuyers. Iowa Heartland Habitat for Humanity is the designated Community Housing Development Organization (CHDO). Funding provided; resulted in the new construction of a home that was sold to a low -moderate income homebuyer. These programs are designed to meet the highest priority needs. Housing rehabilitation and homeownership are the cities highest priority. 4. Summary of Citizen Participation Process and consultation process Waterloo and Cedar Falls conducted a multi -pronged approach to citizen participation and engagement during the planning of the Five Year Consolidated Plan. An online survey was posted on each city's website for a 20-day period. Social media outlets from both cities, but also each school district, other organizations, and neighborhood groups were used to share the online survey. Paper versions of the same survey were also made available through city offices, but also at local agencies and organizations that provide assistance to low-income households. Those agencies included Operation Threshold, The Northeast Iowa Food Bank, and Eastside Ministerial Alliance. In addition, other opportunities for outreach were utilized to notify the upcoming survey, including the 2018 Waterloo Fall Neighborhood Association Leadership Meeting. Annual Action Plan 3 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 148 of 530 Four focus groups were also organized with stakeholders from the community representing public agencies and private non-profit organizations that serve both communities. For those that were unable to attend, follow up one-on-one interviews and digital surveys utilizing the focus group questionnaires were used for input. Based on the input received from the community, stakeholders, including service providers, non-profit organizations, city departments and staff, the prepared housing market analysis, and the analysis of impediments, a set of priorities were established by the cities for the next five years. The planning process and input were utilized for preparing the Five -Year Consolidated Plan and subsequent Annual Action Plans. The input included a review on identifying city needs and evaluation of existing resources. Additional information provided by focus groups and one-on-one meetings identified additional needs and gaps in services, and provided input in establishing strategies to address both the needs and gaps in services and programs in the community. Additional information, including city regulations and ordinances, and additional data and resources were also utilized for preparing the Consolidated Plan. On November 17, 2022 the public notification process began when agencies were contacted and information regarding our annual application process was posted on the City of Waterloo website. Applications for funding were also available at this time on the city website. On November 29, 2022 a Virtual Informational Forum was held to answer questions regarding the annual funding cycle. The application deadline was December 31, 2022 for the FY24 city funding cycle. The first public hearing for citizen input was held on January 10, 2023. The second public hearing and subcommittee recommendations was held on May 16, 2023. The city then held a public 30-Day Comment Period in the Waterloo Cedar Falls Courier and posted the comment period on the city website. The comment period was June 13, 2023 through July 14, 2023. The third public hearing was held during the City Council meeting on July 17, 2023. 5. Summary of public comments Comments were received during Public Hearings from the following individuals: January 10, 2023: Barb Prather- Northeast Iowa Food Bank, Boys and Girls club staff, Esther Meuer-Valtcheve- Child Care resource and Referral of NE Iowa, Ed Gruenwald- Grin and Grow Day Care, Lisa Wetzel- Northeast Iowa Area Agency on Aging, Carrie O'Connor- Iowa Legal Aid, Grace Fee- The Salvation Army, Paul Huting- Waterloo Leisure Services, Ben Brustkern- Friends of the Family Annual Action Plan 4 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 149 of 530 May 16, 2023: Shannon Bass- Northeast Iowa Food Bank, Ed Gruenwald- Grin and Grow Day Care July 17, 2023: The full comments can be found in the Administrative Section of the Action Plan under Attachment #2. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments were accepted and considered. 7. Summary The City of Waterloo engaged in a variety of public outreach and provided different levels of opportunity for public input from the community in order to prepare an Annual Plan that best reflected the needs of the community. The goals demonstrated in this Annual Action Plan are based on the Five -Year Consolidated Plan. However, public comments and consultation were given great consideration in the final outcome of the PY2023 Annual Action Plan. Over the next year Waterloo will continue to provide housing and community development services through housing programs and through partnerships with a wide variety of community and public service providers. Affordable housing remains our number one goal and we will engage in activities to support and achieve our affordable housing goals. This year additional activities will be undertaken to create additional affordable housing, increase homeownership and provide rehabilitation loans to landlords with low -moderate income tenants. Annual Action Plan 5 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 150 of 530 PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency WATERLOO CDBG Administrator WATERLOO Community Development Department HOPWA Administrator HOME Administrator WATERLOO Community Development Department HOPWA-C Administrator Table 1— Responsible Agencies Narrative The Waterloo Community Development Department is the lead agency for the preparation of the Waterloo/Cedar Falls Consolidated Plan and the HOME grant program. Waterloo and Cedar Falls are part of a HOME Consortium to receive HOME funds to address housing needs in the two communities. Each city is responsible for the administration of their respective CDBG Program. Consolidated Plan Public Contact Information Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Phone- 319-291-4429 Fax- 319-291-4431 Annual Action Plan 6 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 151 of 530 AP-10 Consultation - 91.100, 91.200(b), 91.215(1) 1. Introduction In 2018-2019 during the development of the 2019-2023 Five Year Consolidated Plan is when the main consulting occurred. Four focus groups were organized on December 4, 5, and 6, 2018 with the community development staff from both Waterloo and Cedar Falls to discuss the current needs and gaps in services, actions that would remove barriers, as well as what actions the two communities could take to improve those issues. For those agencies and non -profits that were unable to attend the focus groups, additional one-on-one meetings were held. Additional consultation for the PY23 Annual Action Plan was conducted to meet the changing needs in the community. With the Five Year Consolidated Plan goals in mind Community Development staff consulted with agencies focusing on affordable housing and homelessness. The City of Waterloo consulted with multiple agencies serving the needs of homeless individuals that provided up to date statistics on the homeless population in the area. Public service agencies were consulted to determine the current needs of the community as we continue to move out of the COVID pandemic. Housing developers and realtors were consulted to determine the housing market in the area. The City's Elevate Housing Plan aligns with the goals of the Five Year Consolidated Plan of increasing affordable housing, improving rental housing and creating suitable living environments. The Waterloo Planning and Zoning Department was consulted to help determine the plan of action for the activities that will be conducted through the PY23 Annual Action Plan. Recommendations from the consultation process along with the Five Year Consolidated Plan goals were taken into consideration for the 2023 Annual Action Plan. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). During the Consolidated Plan consultations, Waterloo Community Development staff and City of Cedar Falls staff met with 28 different Cedar Valley organizations. The organizations formed focus groups to talk about housing, healthcare, utilities, homelessness, childcare, transportation and other general need topics. Each agency was able to contribute to the group the services they provide in the community. Waterloo Community Development meets with the Black Hawk County Health Department to discuss rehabilitation services and children with elevated blood lead levels (EBL) monthly. The Community Development staff keeps the Black Hawk County Health Department up to date on programs available to the community. In turn, Black Hawk County Health Department has partnered with Waterloo Community Development to provide lead and Healthy Homes assessments, and outreach for our current grant funding. Annual Action Plan 7 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 152 of 530 The Waterloo Community Development Board holds its monthly board meeting the third Tuesday of every month. During the meeting a service agency is invited to speak to the board and explain the types of services they provide. This provides open discussion on how we can partner our services to be more effective in the community. During the consultation Community Development met with public and subsidized housing agencies, mental health agencies, and other city departments to build a network to assist individuals and families who are at risk of homelessness or chronically homeless; and to address the unmet needs of individuals in the community. Public services activities, HOME TBRA, rehabilitation activities, new construction and down payment assistance are all activities being conducted through Waterloo Community Development to address the unmet needs. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Coordinated Entry, which identifies goals, principles, and identified targeted populations. In addition, the Policy and Procedure identifies the designated lead agency for coordinated entry procedures, provides guidance for assessments, screening, prioritization, and also provides guidance for the evaluation and updating of these procedures. Representatives from agencies, including Community Housing Initiatives, the designated lead agency, which is a member of the LCHB participated in the December 4th focus group and provided detailed information on housing needs for homeless persons as well as those that are at -risk of homelessness, and provided input on housing needs, barriers, and potential solutions. Agencies participating in the coordinated entry process include: The Institute for Community Alliances, acting as the COC lead agency, The Salvation Army, Community Housing Initiatives, Friends of the Family, Black Hawk Grundy Mental Health, The Jesse Cosby Center, People's Community Health Clinic, and the Hawkeye Area Community Action Program. The group meets every Tuesday to discuss the homeless listing and to pull individuals off the coordinated entry list based on the available resources of the participating members. Waterloo Community Development is takes part in the Tuesday group meeting to assess the number of homeless and chronically homeless individuals and families. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS Annual Action Plan 8 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 153 of 530 Waterloo and Cedar Falls currently do not receive ESG funds. The Black Hawk County Local Homeless Coordinating Board (LCHB) is the region's Continuum of Care (Coc) organization, which manages homelessness policies and coordinates entry. The LCHB has extensive membership, with over 50 members and with representation from approximately 40 different agencies, including state and local government agencies, non-profit, faith -based organizations, health clinics, and local businesses. The board meets every two months to coordinate their efforts to respond to housing and service needs of Black Hawk County's homeless population. In addition, the board organizes the annual Point -In -Time survey, which is conducted in January of every year. The LHCB does have a county -wide focus, but the majority of services and needs are met within Waterloo and Cedar Falls. 2. Agencies, groups, organizations and others who participated in the process and consultations Table 2 — Agencies, groups, organizations who participated 1 Agency/Group/Organization WATERLOO HOUSING AUTHORITY Agency/Group/Organization Type PHA What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Market Analysis Lead -based Paint Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Waterloo Housing Authority was consulted through in person and additional zoom meetings. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 9 Page 154 of 530 2 Agency/Group/Organization Black Hawk County Health Department Agency/Group/Organization Type Services -Children Services -Persons with HIV/AIDS Services -Health Health Agency Child Welfare Agency Other government - County What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Lead -based Paint Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Agency was consulted through in person meetings. The Black Hawk County Health Department is a partner in our Lead Based Paint Hazard Control Program. The City works with BHCH for lead poison prevention, State and local lead based paint ordinances. 3 Agency/Group/Organization City of Cedar Falls Agency/Group/Organization Type Housing PHA Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Strategy Market Analysis Economic Development Anti -poverty Strategy Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 10 Page 155 of 530 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Waterloo is in a HOME Consortium with the City of Cedar Falls. Waterloo and Cedar Falls meet regularly by zoom or in person meetings to discuss affordable housing strategies, economic development and homeless strategies. 4 Agency/Group/Organization Iowa Heartland Habitat for Humanity Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held in conjunction with the Cities Elevate Housing Initiative to increase the housing stock and housing programs in the City of Waterloo. Habitat is also the HOME CHDO for the City of Waterloo and Cedar Falls. Habitat also participates in the neighborhood revitalization projects in the Walnut and Church Row neighborhoods. 5 Agency/Group/Organization Northeast Iowa Food Bank Agency/Group/Organization Type Food Pantry What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Virtual meetings were held with the Northeast Iowa Food Bank to discuss the effects of the COVID-19 Pandemic and how it has affected the number of individuals with food insecurity. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 11 Page 156 of 530 6 Agency/Group/Organization The Salvation Army Agency/Group/Organization Type Services - Housing Services -Children Services -Victims of Domestic Violence Services -homeless What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Anti -poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held with The Salvation Army to discuss the current needs of homeless and at risk of homeless individuals and families. The Salvation Army also participates in Coordinated Entry as a service point in our area. The Salvation Army discussed housing barriers and causes of chronic homelessness. 7 Agency/Group/Organization City of Waterloo Planning and Zoning Department Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Economic Development Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person and virtual meetings were held with the Planning and Zoning Department to Plan the strategy areas for the FY23 Annual Action Plan. Slum and Blight and infill housing projects were also discussed. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 12 Page 157 of 530 8 Agency/Group/Organization Community Housing Initiatives Agency/Group/Organization Type Housing Services - Housing Services -homeless What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homelessness Needs - Veterans Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Consultation was held through in person meetings and emails. CHI is a member of the coordinated entry in our area. CHI discussed housing barriers and identified the highest priority needs of homeless individuals. 9 Agency/Group/Organization Cedar Valley Friends of the Family Agency/Group/Organization Type Services - Housing Services -Victims of Domestic Violence Services -Homeless Services - Victims What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Anti -poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held with Friends of the Family. Consultation included addressing the unmet needs of the individuals and families they serve. Discussed mental health and substance abuse being the cause of chronic homelessness in the area. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 13 Page 158 of 530 10 Agency/Group/Organization Black Hawk Grundy Mental Health Agency/Group/Organization Type Services -Health Health Agency What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Virtual meetings were held with Black Hawk -Grundy Mental Health. Discussions on the barriers and causes of homelessness were discussed. 11 Agency/Group/Organization City of Waterloo Human Rights Commission Agency/Group/Organization Type Service -Fair Housing Services - Victims What section of the Plan was addressed by Consultation? Non -Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held to discuss fair housing and impediments to fair housing. 12 Agency/Group/Organization City of Waterloo IT Department/Communications Agency/Group/Organization Type Services - Broadband Internet Service Providers Services - Narrowing the Digital Divide Other government - Local Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 14 Page 159 of 530 What section of the Plan was addressed by Consultation? Economic Development Broadband Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person and virtual meetings were held to discuss the stages of the fiber plan for Waterloo. 13 Agency/Group/Organization People's Community Health Clinic Agency/Group/Organization Type Services -Children Services -Elderly Persons Services -Persons with Disabilities Services -Persons with HIV/AIDS Services -Victims of Domestic Violence Services -Homeless Services -Health Services - Victims Health Agency What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Lead -based Paint Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? A virtual meeting was held to discuss lead paint and health factors in housing. Ongoing effects of the COVID-19 pandemic were also discussed. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 15 Page 160 of 530 14 Agency/Group/Organization Northeast Iowa Regional Board of Realtors Agency/Group/Organization Type Housing Business Leaders What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? An in person meeting was held to discuss the current market and needs Realtors are seeing in our area. 15 Agency/Group/Organization Rosemont Companies Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non -Homeless Special Needs Market Analysis Economic Development Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? In person meetings were held to discuss affordable housing and how to create more affordable housing. 16 Agency/Group/Organization TEAM Real Estate Group Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non -Homeless Special Needs Market Analysis Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 16 Page 161 of 530 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency was consulted through an in person meeting to discuss the market and housing needs of the area. Identify any Agency Types not consulted and provide rationale for not consulting Agencies that were not consulted included agencies that were consulted during the Five Year Consolidated Planning process but were not included in the Goals and Objectives of the Five Year Plan. We limited our consultation to support projects that would be listed in the current FY plan. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Black Hawk County Local Homeless Coordinating Board The City supports efforts to reduce homelessness and improve and coordinate strategies for identifying homeless persons and assisting with efforts to provide housing. The Black Hawk County Local Homeless Coordinating Board participates in a coordinated entry system to bring all housing providers together to faster serve homeless individuals and eliminate service duplication. Table 3 — Other local / regional / federal planning efforts Narrative The consultation process is a way for the City to gauge community need, gaps in services and funding, and discuss obstacles and barriers to healthcare, housing, transportation, employment and other basic needs of the community. Waterloo Community Development takes constant consideration of the ever changing needs in the community when planning the Five Year Consolidated Plan and the Annual Action Plans. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 17 Page 162 of 530 AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting Citizen Participation for Waterloo Community Development consisted of furnishing citizens with information concerning the amount of Community Development Block Grant (CDBG) and HOME funds that were expected to be available for community development and housing activities, and the range of activities that may be undertaken with those funds. Citizens may comment on how they would like to see funding spent or offer ideas for low -moderate income activities or activities for prevention of slum and blight. The City of Waterloo has used social media outlets as a marketing tool in effort to increase citizen participation and make citizens aware of the programs available through the various funding sources. Three separate comment periods and public hearings were held. Community Development also published the "Your Opinion Counts" advertisement in the Waterloo/Cedar Falls Courier newspaper, and on the City website. This campaign requests public input on how citizens would like to see the CDBG and HOME funds utilized. Annual Action Plan 18 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 163 of 530 Citizen Participation Outreach Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 1 Virtual Informational Forum Agencies requesting funding November 29, 2022 Questions regarding the application process were discussed. All questions were answered. Contact information was given to attendees in the event they had additional questions after the meeting. Questions about eligible projects were asked after the meeting. All questions were answered. All comments were accepted. www.cityofwaterlooiowa. com 2 Newspaper Ad Non- targeted/broad community December 6-30, 2022 The advertisement was published in the newspaper and also on the City website. There were no comments or suggestions received from the advertisement. N/A www.wcfcourier.com and www.cityofwaterlooiowa. com Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 19 Page 164 of 530 Sort Ord er Mode of Outrea ch Target of Outre ach Summary of response/attenda nce Summary of comments receiv ed Summary of comme nts not accepted and reasons URL (If applicable) 3 Public Hearing Non- targeted/broad community 12 individuals along with 5 Community Development Staff Members and 5 board members were in attendance. Please see Public Hearing Minutes in Administrative attachment #2. All comments were accepted and considered. www.wcfcourier.com and www.cityofwaterlooiowa. com 4 Public Hearing Non- targeted/broad community May 16, 2023 Please see Public Hearing Minutes in the Administrative attachment #2. All comments were considered www.cityofwaterlooiowa. com 5 Public Comment Period Non - targeted/broad community June 13, 2023 30 day comment period of published in the Waterloo/Cedar Falls Courier www.wcfcourier.com 6 Public Hearing Non- targeted/broad community July 17, 2023 www.wcfcourier.com and www.cityofwaterloo.com Table 4 — Citizen Participation Outreach Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 20 Page 165 of 530 Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The section discusses the resources that will be used to meet the goals of the FY23 Annual Action Plan. The resources may involve partnership opportunities and other private and non-federal public sources they become available. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 1,235,161 26,843 2,372,142 3,634,146 0 CDBG funding includes HUD FY23 annual allocation, program income from emergency loans, and rehabilitation payoffs. Prior year resources are activities that have been cancelled, expired or ongoing activities. Any uncommitted funds will be programed into existing or new activities. Project Cost: $2,549,831, Administration Cost: $613,966, Rehabilitation Administration Cost: $470,349, equals $3,634,146 total available resources. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 21 Page 166 of 530 Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 565,333 25,521 1,929,671 2,520,525 0 HOME funding includes the FY23 annual allocation plus program income from annual loan payments. Prior year resources are funds from cancelled, expired or ongoing activities. These funds will be reprogrammed into existing or new activities. Project Cost: $2,394,994, Administration Cost: $125,531, equals $2,520,525 total available resources. Other public - federal Public Improvements Public Services 183,000 0 0 183,000 0 CDBG-CV funds that have not yet been committed in the amount of $63,000 and $120,000 for the Boys and Girls Club project awaiting HUD approval of the Five Year Consolidated Plan Amendment. Table 2 - Expected Resources — Priority Table Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 22 Page 167 of 530 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Waterloo Community Development is able to partner with agencies who have been funded by state, local and private entities using CDBG and HOME funds to fill project funding gaps. The Boys and Girls Club of the Cedar Valley will use funds from the Black Hawk Gaming Association and Capital Campaign funds paired with CDBG funding to complete phase one of a multi -phase project. CDBG funds are also being used to leverage the Lead Hazard Control Grant. A 10% match requirement is being fulfilled with CDBG funds. Waterloo continues to meet the HOME match requirement by requiring HOME fund sub recipients to provide a 25% match in order to utilize the available funds, including those generated from the City's Community Housing Development Organization (CHDO) Iowa Heartland Habitat for Humanity. CHDO new construction projects satisfy match requirements through business donations, other grants and in -kind donations. The provided matching funds used by sub recipients are non-federal funds. New construction housing projects will meet the match requirement through donated land value, donated site clearance services and tax abatement incentives given by the City. If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Currently Waterloo utilizes publicly owned land that has been obtained through the 657A process for new construction and rehabilitation projects. Property with rehab -able structures will be retained by the City and used for rehabilitation projects that are then sold to low/moderate income families. Through this process we are able to stabilize our affordable housing stock. The city has donated land that has been captured through the 657A process to Habitat for Humanity for the purpose of new construction homes to be sold to low -moderate income families. Waterloo Community Development has formed a partnership with private developers looking to rehabilitate housing that has been acquired through the 657A process. In turn, Waterloo will provide down payment assistance to low -moderate income first time homebuyers. Publicly owned land will also be used for the Waterloo Leisure Services Phase II Edison Park Project located at the corner of Magnolia Pkwy and Bismark Ave. Discussion Leveraging grant funds is beneficial to the community as it allows agencies to complete projects and provide services they wouldn't normally be able to afford. Leveraging CDBG and HOME funds provides a multiplier effect making the dollars go further. The utilization of publically owned Annual Action Plan 23 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 168 of 530 land for affordable housing projects not only leverages the project, it also provides a required match component on HOME funded project. The market value of the land contributed is eligible HOME match. The City of Waterloo is expanding the affordable housing market through the sale of publicly owned land for rehabilitation and new construction of affordable housing. Annual Action Plan 24 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 169 of 530 Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Housing Rehabilitation 2019 2023 Affordable Housing Citywide Local Targeted Neighborhoods Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization CDBG: $1,084,002 HOME: $483,663 Rental units rehabilitated: 7 Household Housing Unit Homeowner Housing Rehabilitated: 20 Household Housing Unit 2 Owner Occupied Emergency Repair 2019 2023 Affordable Housing Citywide Local Targeted Neighborhoods Create and Sustain Affordable Housing CDBG: $346,052 Homeowner Housing Rehabilitated: 18 Household Housing Unit 3 Homeownership 2019 2023 Affordable Housing Citywide Create and Sustain Affordable Housing HOME: $1,633,501 Homeowner Housing Added: 6 Household Housing Unit Direct Financial Assistance to Homebuyers: 20 Households Assisted 4 Deposit Assistance Program 2019 2023 Affordable Housing Homeless Citywide Create and Sustain Affordable Housing HOME: $71,000 Tenant -based rental assistance / Rapid Rehousing: 50 Households Assisted Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 25 Page 170 of 530 Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Neighborhood Services 2019 2023 Non -Housing Community Development Local Targeted Neighborhoods Neighborhood Stabilization CDBG: $95,000 Public service activities other than Low/Moderate Income Housing Benefit: 500 Persons Assisted 6 Acquisition of Real Property 2019 2023 Affordable Housing Local Targeted Neighborhoods Create and Sustain Affordable Housing Neighborhood Stabilization HOME: $206,830 Homeowner Housing Rehabilitated: 4 Household Housing Unit 7 Public Services 2019 2023 Affordable Housing Homeless Non -Homeless Special Needs Non -Housing Community Development Citywide Local Targeted Neighborhoods Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization CDBG: $90,000 Public service activities other than Low/Moderate Income Housing Benefit: 1025 Persons Assisted Homeless Person Overnight Shelter: 40 Persons Assisted 8 Public Facilities and Improvements 2019 2023 Non -Housing Community Development Citywide Local Targeted Neighborhoods Neighborhood Stabilization CDBG: $335,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1000 Persons Assisted 9 Clearance and Demolition 2019 2023 Non -Housing Community Development Citywide Neighborhood Stabilization CDBG: $599,777 Buildings Demolished: 5 Buildings Table 3 — Goals Summary Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 26 Page 171 of 530 Goal Descriptions 1 Goal Name Housing Rehabilitation Goal Description To provide rehabilitation of owner occupied and rental properties. Funds will also be used to rehabilitate properties acquired to be sold to low income homebuyers. This may include single family or multi -unit properties. Rehabilitation will be provided to qualified households to reduce slum and blight and ensure affordable housing remain safe and sanitary. To provide match funds for the Lead Based Paint Hazard Control Program. To provide funding to sub recipients for the purpose of rehabilitation services. 2 Goal Name Owner Occupied Emergency Repair Goal Description To provide assistance to qualified households with repairs to keep homes healthy, safe and sanitary; that are above normal maintenance needs. 3 Goal Name Homeownership Goal Description To provide homeowner assistance to qualified first time homebuyers. Create homeownership through new construction of affordable housing, and down payment assistance. Create homeownership through new construction, and acquisition - rehab -resale of affordable housing through the HOME CHDO. 4 Goal Name Deposit Assistance Program Goal Description To provide security deposits for low -moderate income families to secure housing and prevent homelessness. Utility deposits can also be provided but only when security deposit assistance is received. 5 Goal Name Neighborhood Services Goal Description To provide neighborhood services utilizing education and outreach to assist in making neighborhoods resilient and assist with connecting neighborhood needs with available resources, including non -profits, agencies, and other organizations that are working on improving the quality of life in Waterloo neighborhoods. To provide outreach for various Community Development programs, and work on economic development efforts in low- income neighborhoods. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 27 Page 172 of 530 6 Goal Name Acquisition of Real Property Goal Description To secure properties through acquisition that can be rehabilitated into affordable housing or demolition for remove slum and blight and make way for affordable new construction housing. 7 Goal Name Public Services Goal Description To provide services that assist extremely low, low and moderate -income individuals, including outreach and education services, homeless prevention, shelter services, neighborhood stabilization, work force opportunities, and services that will help create and sustain affordable housing. 8 Goal Name Public Facilities and Improvements Goal Description To provide parks in low income areas and enhance the Cedar Valley Boys and Girls Club by installing an elevator for handicap accessibility and restroom reconstruction that allows for social distancing in response to the COIVD-19 pandemic. 9 Goal Name Clearance and Demolition Goal Description To demolish vacant and dilapidated buildings that will assist with eliminating slum and blight to create infill development sites or convert areas into green spaces. Annual Action Plan 28 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 173 of 530 AP-35 Projects - 91.420, 91.220(d) Introduction The following projects are based on the City's identified priority needs: • Create and Sustain Affordable Housing • Homeless Prevention • Neighborhood Stabilization The City will use CDBG, and HOME funding to support the projects that address priority needs. The majority of the projects are targeted to low- moderate income individuals and households, or neighborhoods in the census tracts with 51% or more low- moderate income households. The City of Waterloo has allocated $4,254,825 for housing related activities. These activities include housing rehabilitation, emergency repairs, homeownership, deposit assistance, acquisition, and clearance and demolition. Public Services was allocated $185,000 for neighborhood services, food insecurity, emergency overnight shelter, and child care programs. Public Facilities and Improvements was allocated $335,000 for the Edison Park Phase II Project and renovations to the Boys and Girls Club. # Project Name 1 FY23 Housing Rehabilitation 2 FY23 Owner Occupied Emergency Repairs 3 FY23 Homeownership 4 FY23 Deposit Assistance 5 FY23 Neighborhood Services 6 FY23 Acquisition of Real Property 7 FY23 Public Services 8 FY23 Public Facilities Improvements 9 FY23 Clearance and Demolition 10 FY23 CDBG General Administration 11 FY23 HOME General Administration 12 FY23 CDBG Rehabilitation Administration Table 4 — Project Information Annual Action Plan 29 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 174 of 530 Describe the reasons for allocation priorities and any obstacles to addressing underserved needs HUD defines areas of racial or ethnic minority concentration as geographical areas where the percentage of minorities or ethnic persons is 10% higher than in the city overall. Waterloo has several census tracts that meet the criteria for areas of racial concentration, which is when a single minority/ethnic group exceeds at least 10% of the group's citywide average, as racial minorities comprised 23.8% of the population. In Waterloo, an area of racial concentration includes the Census tracts where the percentage of minority residents is 33.8% or higher. Those census tracts include 1, 2, 3, 5, 7, 9, 17.01, 17.02, 18, 19, and all those census tracts are included in the Consolidated Urban Revitalization Area (CURA). Census tracts 7, 8, and 11 are considered areas of concentration for Hispanic or Latinos. Census tract 3 shows an area of concentration for Asians, census tract 7 has a concentration of other races, while census tracts 1, 2, 5, 7, 17.01, 17.02, 18, and 19 are shown to be areas of racial concentration for Blacks/African-Americans. According to the 2019 5-year ACS Data census tracts 1 and 3 are targeted areas based on the below average median value of owner -occupied units, median household income, and educational achievement- high school or higher. These census tracts were also targeted due to the above average renter occupied units, vacant units rates, poverty rate, and child poverty rate. Currently the obstacles to addressing underserved is the tight housing market and increasing home prices; making homeownership unachievable for low -moderate income families. To make the home affordable it is taking a larger amount of funding to bridge the gap between the sales price and the affordable price for the family. New construction homes are not affordable to most families as the median income for the City of Waterloo according to the 2020 Census Data was $46,942. Rents are also increasing faster than the average income. Rental programs are also having to spend more resources assisting each family as the rental housing prices climb. As a result the programs are assisting less families. Other obstacles include the processes that are required to acquire vacant and dilapidated properties. This can be a long drawn out process that can take a number of years to complete. By the time the City is able to acquire the properties, they are in such disrepair the cost of rehabilitation is almost doubled. Annual Action Plan 30 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 175 of 530 AP-38 Project Summary Project Summary Information Project Name FY23 Housing Rehabilitation Target Area Citywide Local Targeted Neighborhoods Goals Supported Housing Rehabilitation Needs Addressed Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization Funding CDBG: $1,084,002 HOME: $483,663 Description Rehabilitation of owner occupied and rental properties. Rehabilitate properties acquired to be sold to low-income homebuyers. This may include single family or multi -unit properties. Rehabilitation will be provided to qualified households to reduce slum and blight and ensure affordable housing remain safe and sanitary. Match funds for the Lead Based Paint Hazard Control Program. Provide funding to sub recipients for the purpose of rehabilitation services. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from housing rehabilitation activities is 27. Location Description Rehabilitation projects will be both citywide and local targeted neighborhoods. Planned Activities Housing Rehabilitation Activities Planned Include: • Waterloo Community Development Rehabilitation Program • Iowa Heartland Habitat for Humanity Critical Repair Program • Iowa Heartland Habitat for Humanity CHDO Rehabilitation. • Cedar Falls HOME Rehabilitation Program. 2 Project Name FY23 Owner Occupied Emergency Repairs Target Area Citywide Local Targeted Neighborhoods Annual Action Plan 2023 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 176 of 530 Goals Supported Owner Occupied Emergency Repair Needs Addressed Create and Sustain Affordable Housing Funding CDBG: $346,052 Description Provide assistance with emergency repairs that can help keep housing safe and sanitary that are above normal maintenance needs. Emergency repairs are limited to L/M income qualified homeowners. Assistance may be in the form of a grant or a loan. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activities is 18. Location Description The activity will be available citywide and in local targeted neighborhoods. Planned Activities Planned activities include the Emergency Repair Program. 3 Project Name FY23 Homeownership Target Area Citywide Goals Supported Homeownership Needs Addressed Create and Sustain Affordable Housing Funding HOME: $1,633,501 Description Construction of new affordable housing units with CHDO funds that will be sold to L/M income qualified buyers. $84,780 of the current HOME allocation, $109,154 of prior resources will be set aside for CHDO new construction to be completed in Waterloo. The City of Cedar Falls will provide Habitat for Humanity additional CHDO set -aside to complete 1 new construction homes. $170,000 of prior year resources will be set aside for CHDO new construction. Direct homebuyer assistance will be provided to approximately 20 families in the cities of Waterloo and Cedar Falls. Community Development also plans to build 4 new construction home through a partnership with an affordable home builder. Target Date 6/30/2024 Annual Action Plan 2023 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 177 of 530 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activities is 26 Location Description New construction homes will be built in the 200-300 blocks of Gable St. Cedar Falls new construction project is located at 2925 Sands Ave. Habitat For Humanity will be building homes in the northern section of the Church Row neighborhood in the Park, Wellington W. 3rd and W.4th areas. Direct homebuyer assistance will be citywide. Planned Activities Homeownership Activities Planned Include: • Waterloo CHDO New Construction • Cedar Falls CHDO New Construction • Waterloo Direct Homebuyer Assistance • Cedar Falls Direct Homebuyer Assistance • Waterloo New Construction Projects 4 Project Name FY23 Deposit Assistance Target Area Citywide Goals Supported Deposit Assistance Program Needs Addressed Create and Sustain Affordable Housing Funding HOME: $71,000 Description Provide security deposit assistance to extremely low- and low-income qualified households to help with affordable housing efforts. Units receiving Deposit Assistance must pass an HQS inspection. Utility Assistance may be provided in conjunction with Security Deposit Assistance. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activities is 50. Location Description The location of the activity is citywide for both Waterloo and Cedar Falls. Annual Action Plan 2023 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 178 of 530 Planned Activities Security Deposit Assistance Planned Activities Include: • Waterloo Security Deposit Program • Cedar Falls Security Deposit Program 5 Project Name FY23 Neighborhood Services Target Area Local Targeted Neighborhoods Goals Supported Neighborhood Services Needs Addressed Neighborhood Stabilization Funding CDBG: $95,000 Description Provides neighborhood services utilizing education and outreach to assist in making neighborhoods resilient and assist with connecting neighborhood needs with available resources, including non -profits, agencies, and other organizations working on improving the quality of life in Waterloo's neighborhoods. Also provide outreach for the various Community Development programs. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activity is 500. Location Description The location of the activity is our local targeted neighborhoods. Planned Activities Neighborhood Services Planned Activities Include: • Neighborhood Services 6 Project Name FY23 Acquisition of Real Property Target Area Local Targeted Neighborhoods Goals Supported Acquisition of Real Property Needs Addressed Create and Sustain Affordable Housing Neighborhood Stabilization Funding HOME: $206,830 Description Acquisition will be used for costs to acquire property for the purpose of rehabilitation and to rehabilitate properties for use or resale for residential purposes. Target Date 6/30/2024 Annual Action Plan 2023 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 179 of 530 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activity is 4. Location Description The location of the proposed activity will take place in both Waterloo and Cedar Falls. Waterloo activities will be in the Ricker and Gable St. area and also citywide. Cedar Falls activities will be conducted in Northern area of Cedar Falls. Planned Activities Acquisition Planned Activities Include: • Acquisition 7 Project Name FY23 Public Services Target Area Citywide Local Targeted Neighborhoods Goals Supported Public Services Needs Addressed Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization Funding CDBG: $90,000 Description Services provides to low -moderate income individuals and seniors. Public Services that will be funded will provide homelessness prevention, overnight shelter, food services for families that are currently facing food insecurity, and childcare services. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activities is 1065. Location Description The location the activities will take place: The Salvation Army- 89 Franklin St. Waterloo, Iowa 50703, 603 S. Hackett Rd. Waterloo, Iowa 50701 The Northeast Iowa Food Bank- 1605 Lafayette St. Waterloo, Iowa 50703 Grin and Grow Daycare- 608 W. 4th St. Waterloo, Iowa 50702 Annual Action Plan 2023 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 180 of 530 Planned Activities Public Service Planned Activities Include: • The Salvation Army Shelter • The Northeast Iowa Food Bank • Grin and Grow Daycare 8 Project Name FY23 Public Facilities Improvements Target Area Citywide Local Targeted Neighborhoods Goals Supported Public Facilities and Improvements Needs Addressed Neighborhood Stabilization Funding CDBG: $335,000 Description This funding will provide much needed capital improvements to public facilities. Funding will also provide parks in a low -moderate income area. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activities is 1000. Location Description The locations of the proposed activities are: Boys and Girls Club of the Cedar Valley- 515 Lime St. Waterloo, Iowa 50703 Edison Park Project- public held land on the corner of Bismark Ave. and Magnolia Pkwy. Sullivan Park Project- E. 4th St. Planned Activities Public Facilities Planned Activities Include: • Boys and Girls Club of the Cedar Valley • Waterloo Leisure Service- Edison Park • Waterloo Leisure Services- Sullivan Park 9 Project Name FY23 Clearance and Demolition Target Area Local Targeted Neighborhoods Goals Supported Clearance and Demolition Annual Action Plan 2023 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 181 of 530 Needs Addressed Neighborhood Stabilization Funding CDBG: $599,777 Description Demolish vacant and dilapidated buildings that will assist with eliminating slum and blight and creating infill development sites or the conversion to those areas into green spaces. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities The estimated number of families that will benefit from the proposed activity is 0. Location Description The location of the activities include: • St. Mary's Villa and School- E. 4th and Parker St. • Other locations as determined by need. Planned Activities Clearance and Demolition Activities Planned Include: • Clearance and Demolition 10 Project Name FY23 CDBG General Administration Target Area Citywide Local Targeted Neighborhoods Goals Supported Housing Rehabilitation Owner Occupied Emergency Repair Needs Addressed Create and Sustain Affordable Housing Homelessness Prevention Neighborhood Stabilization Funding CDBG: $613,966 Description Administration of CDBG Programs. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities N/A Annual Action Plan 2023 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 182 of 530 Location Description General Administration for Waterloo Community Development is located at: • Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Planned Activities Administration of CDBG Programs. 11 Project Name FY23 HOME General Administration Target Area Citywide Local Targeted Neighborhoods Goals Supported Housing Rehabilitation Homeownership Deposit Assistance Program Acquisition of Real Property Needs Addressed Create and Sustain Affordable Housing Neighborhood Stabilization Funding HOME: $125,531 Description Administration of the HOME Programs. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description HOME Administration for Waterloo Community Development is located at: • Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Planned Activities Administration of the HOME Programs. 12 Project Name FY23 CDBG Rehabilitation Administration Target Area Citywide Local Targeted Neighborhoods Goals Supported Housing Rehabilitation Owner Occupied Emergency Repair Needs Addressed Create and Sustain Affordable Housing Neighborhood Stabilization Annual Action Plan 2023 38 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 183 of 530 Funding CDBG: $470,349 Description Administration of the Housing Rehabilitation and Owner -Occupied Emergency Repair Programs. Target Date 6/30/2024 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Rehabilitation Administration for Waterloo Community Development is located at: • Waterloo Community Development 620 Mulberry St. Ste. 202 Waterloo, IA 50703 Planned Activities Administration of the Housing Rehabilitation and Owner Occupied Emergency Repair Programs. Annual Action Plan 39 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 184 of 530 AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Priority areas that will be targeted with funds are areas of low-income census tracts and areas of racial concentration. While these areas are located throughout Waterloo, the majority are located within the Consolidated Urban Revitalization Area (CURA) and Waterloo will continue to concentrate specific activities within the boundary area. The CURA encompasses the majority of census tracts with low income populations, areas of racial concentration, and housing with high lead risk, but there are census tracts beyond the CURA so it will be important to ensure those LMI areas also receive assistance. Additionally, the community survey identified three general areas and neighborhoods that had the highest priority which included the East Side, specifically areas along East 4th, Ricker and Gable street area. Walnut neighborhood, and the Church Row neighborhoods are additional priority areas. All of the above neighborhoods are located within the CURA and in census tracks with concentrations of LMI populations, are areas with racial concentrations, and have also been identified as areas with high lead risk by the Iowa Department of Health. Community Development is partnering with local agencies and non -profits to work on a neighborhood level to target affordable housing, including rehabilitation and new construction efforts and other efforts to reduce slum and blight, and the above areas will be considered areas of priority. Due to the number of census tracts that area identified as LMI areas in Waterloo, if opportunities arise in other LMI neighborhoods for new partnerships, they will also be considered. Geographic Distribution Target Area Percentage of Funds NEIGHBORHOOD REVITALIZATION STRATEGY AREA Citywide 50 Local Targeted Neighborhoods 50 Table 5 - Geographic Distribution Rationale for the priorities for allocating investments geographically The rationale for our target areas is HUD defines areas of racial or ethnic minority concentration as geographical areas where the percentage of minorities or ethnic persons is 10% higher than in the city overall. Waterloo has several census tracts that meet the criteria for areas of racial concentration, which is when a single minority/ethnic group exceeds at least 10% of the group's citywide average, as racial minorities comprised 23.8% of the population. In Waterloo, an area of racial concentration includes the Census tracts where the percentage of minority residents is 33.8% or higher. Those census tracts include 1, 2, 3, 5, 7, 9, 17.01, 17.02, 18, 19, and all those census tracts are included in the Consolidated Urban Annual Action Plan 40 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 185 of 530 Revitalization Area (CURA). Census tracts 7, 8, and 11 are considered areas of concentration for Hispanic or Latinos. Census tract 3 shows an area of concentration for Asians, census tract 7 has a concentration of other races, while census tracts 1, 2, 5, 7, 17.01, 17.02, 18, and 19 are shown to be areas of racial concentration for Blacks/African-Americans. According to the 2019 ACS 5-year data census tracts 1 and 3 have both been recognized as having below average median value of owner -occupied homes, median household income, and educational achievement of high school or higher . These areas are above average in poverty rate, child poverty rate, and renter occupied units. Discussion The housing rehabilitation and emergency repair programs continue to be significant programs in helping low-income residents remain in their homes as well as the construction of new single family homes through the assistance of a community housing development organization. Approximately 50% of the Waterloo households are considered low income and assisting with home repairs and the rehabilitation of their property can ensure they can remain safely in their homes and ensure future affordable housing stock is in safe and sanitary condition. Additional efforts, including neighborhood clean ups, infrastructure improvements, and other efforts to reduce slum and blight can also help improve the existing housing stock and neighborhoods. There are also continued efforts to assist with the construction of new single family homes in existing vacant infill lots, which will help boost the number of new affordable housing options. Annual Action Plan 41 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 186 of 530 Affordable Housing AP-55 Affordable Housing - 91.420, 91.220(g) Introduction The City of Waterloo will continue to focus its efforts in supporting the development and rehabilitation of affordable housing. Affordable housing continues to be a high priority in Waterloo and efforts will encompass a variety of the proposed activities to ensure there is quality affordable housing available in Waterloo. The activities will include support for a community housing development organization for the development of new affordable housing construction. Other major efforts will be the continued efforts towards the rehabilitation of existing single family homes to make them safe and sanitary, remove lead - based hazards, and will help reduce slum blight with those improvements, and ensure homeowners can continue to reside in their homes. The City of Waterloo has initiated the Elevate Housing Plan to redevelop, rehabilitate and improve 800 homes in Waterloo in eight years. The purpose of the plan is to increase homeownership, affordable housing, property improvement, and decrease problem rental properties in Waterloo. The goals will be achieved by increasing access to capital for those who struggle to obtain it, streamlining processes and applications, and developing a master housing plan to improve the city's neighborhoods. One Year Goals for the Number of Households to be Supported Homeless 40 Non -Homeless 1,525 Special -Needs 0 Total 1,565 Table 6 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 50 The Production of New Units 6 Rehab of Existing Units 45 Acquisition of Existing Units 4 Total 105 Table 7 - One Year Goals for Affordable Housing by Support Type Annual Action Plan 42 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 187 of 530 Discussion The one year goal is to provide 105 households with affordable housing. 1,565 households will be supported through Public Services such as the Northeast Iowa Food Bank and Grin and Grow Daycare. 40 households will be supported through homeless services provided by The Salvation Army. • Housing Rehabilitation will be provided in conjunction with the Lead Based Paint Hazard Control Program, Iowa Heartland Habitat for Humanity, The Emergency Repair Program, Rental Rehabilitation Loan Program, and rehabilitation to homes that have been acquired for the purpose of acquisition, rehab, resale- 45 Units. • Acquisition of vacant and dilapidated properties to be rehabilitated and resold as affordable units, and direct homebuyer assistance- 24 Units. • New Construction units through the CHDO Iowa Heartland Habitat for Humanity, and private developers- 6 Units. • Rental Assistance through security deposit assistance programs initiated through the City and Operation Threshold- 50 Units All activities listed above meet the definition of affordable housing in the HOME regulations at 24 C.F.R 92.252 for rental housing and 24 C.F.R. 92.254 for homeownership. The City of Waterloo follows a HUD approved Resale/Recapture Policy for affordable housing units that can be found in the Administrative Attachments of the Annual Action Plan. The housing rehabilitation and emergency repair programs continue to be significant programs in helping low-income residents remain in their homes. Approximately 50% of the Waterloo households are considered low income, by providing assistance with home repairs and rehabilitating properties ensures families will have decent, safe and sanitary living conditions. Additional efforts, including neighborhood clean ups, infrastructure improvements, and other efforts to reduce slum and blight can also help improve the existing housing stock and neighborhoods. There are also continued efforts to assist with the construction of new single family homes in existing vacant infill lots, which will help boost the number of new affordable housing options. The Ricker Street Project, Walnut and Church Row Projects all aim to preserve the affordable housing stock and stabilize neighborhoods to foster healthy living environments. Annual Action Plan 43 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 188 of 530 AP-60 Public Housing - 91.420, 91.220(h) Introduction The Waterloo Housing Authority owns and manages a public housing facility known as Ridgeway Towers as well as operating a Section 8 Housing Choice Voucher Program. The public housing units are located at 225 W. Ridgeway Ave in Waterloo and are open to seniors and disabled individuals. The building currently has an elderly designation of 62 and older, however may rent to individuals 55 if they do not have anyone over 62 on the waiting list. Ridgeway Towers is a three story 50 unit building with handicap accessibility. The City of Cedar Falls currently has no public housing. Actions planned during the next year to address the needs to public housing In -person quarterly resident meetings will be held to share information with the residents and answer questions and/or concerns. Since the pandemic began in 2020, in -person meetings were paused for the safety of the elderly residents. During this time we have been sending quarterly mailings to all of our tenants. Multi -year projects are set to begin including kitchen remodels and a community room remodel. The remodel includes items such as replacing cabinet doors, countertops and sinks in all of the units. Backsplashes will be installed as well as flooring in units that have not had flooring replacement within the past 5 years. Actions to encourage public housing residents to become more involved in management and participate in homeownership Actions to encourage public housing residents to become more involved in management and participate in homeownership include having tenant representation on the Waterloo Housing Authority Board of Directors. During the upcoming fiscal year, plans are being made to resume the quarterly meetings with residents to encourage suggestions for improvements to the building both physical and policy. The public housing facility is currently designated 62 and older, therefore, residents are not interested in homeownership. In fact, in many cases, residents have sold their home to move into Ridgeway Towers. Annual Action Plan 44 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 189 of 530 If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Waterloo Housing Authority is designated a high performer. The Cedar Falls Housing Authority is not in a troubled status. Discussion Ridgeway Towers was constructed in 1976, and although Capital Funds are received to maintain the building, the facility is in need of additional funds to keep the property in a good working condition and make the apartments more appealing to perspective residents. As costs continue to rise the cost of everything from cleaning supplies, to PTAC filters, to toilet fill valves have increased making day-to-day operations a struggle. In addition the Housing Authority currently pays all utilities for the residents. There have been dramatic increases across the board on all utilities. This adding to the cost burden of the buildings operations. Annual Action Plan 45 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 190 of 530 AP-65 Homeless and Other Special Needs Activities - 91.420, 91.220(i) Introduction Currently the Cities of Waterloo and Cedar Falls do not receive direct funding such as ESG for homeless. Homelessness does remain one of our top priorities. Funding has been allocated to the Salvation Army Homeless Shelter to address homelessness directly. Homelessness prevention is also a strategy of the City of Waterloo. Funding is provided to public service agencies for services such as food and security deposit assistance so available resources can be used for rent and utilities. We continue to include homelessness for our partners that need Certification of Consistency with the Consolidated Plan. This allows the city to address homeless needs through other agencies that receive other federal, state and local funding. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The jurisdiction's one year goals for reducing homelessness include providing funding to the Salvation Army Homeless Shelter to cover operating and staffing costs. Waterloo Community Development will continue to be engaged with the Homeless Coordinating Board to ensure homeless individuals are provided shelter and services to secure permanent housing. The City will begin its consultation process for the American Rescue Plan that will address homeless individuals and families as a qualified population. The LHCB conducts the annual Point -In -Time survey and the results are shared with the Institute of Community Alliance. Many of the organizations are also focused on providing assistance to those persons and households currently experiencing homelessness. The organizations provide the following services: counseling, legal assistance, case management, life skill training, financial literacy courses, access to basic everyday resources including food, victim advocacy, and mental health related activities. These activities help assist low income persons and households to become more self-sufficient. The City of Cedar Falls will address, and attempt to end, homelessness in the community through the CDBG, HOME, and Housing Choice Vouchers programs. With regard to actions, the City will award repair and rehabilitation work on both owner and renter occupied units, as well as provide agency funding to LMI Clientele agencies that address homelessness. Annual Action Plan 46 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 191 of 530 Addressing the emergency shelter and transitional housing needs of homeless persons The Salvation Army operates two emergency shelters in Waterloo. The shelters include an 18-bed facility for single men, and there is separate 32-bed facility for women and children. Catholic Worker House provides 22 beds for both men and women in their facility. Children under the age of 18 in need of temporary housing are placed in the county's youth shelter, a non -secured facility that provides short term care. The youth shelter primarily serves victims of physical or sexual abuse, children whose family are experiencing a crisis, children awaiting foster care or group home placement, and children referred directly from a psychiatric unit. Several facilities in Waterloo provide transitional housing for homeless individuals and families. House of Hope, a privately funded organization, provides 10 units with 24 beds and currently has a waitlist for families in need of assistance. Additionally, the program will begin to provide transitional housing to up to 5 women who are transitioning out of foster care, in order to provide a stop gap and reduce homelessness in the population. Cedar Valley Friends of the Family provides two programs offering a total of 63 beds, with 46 beds for families, and 17 beds for adults only. Their programs are targeted to domestic violence survivors. Community Housing Initiatives offers permanent supportive housing and operates a 13-bed facility, with one family unit with two beds, and 11 adult only -beds. The City of Cedar Falls addresses homelessness and special needs in the following ways. First, the City funds agencies where expenses relate to operating homeless shelters (Salvation Army in prior years). Second, the City also funds agencies such that they may offer specific training and education that may affect a household's needs, by hopefully offering resources regarding financial management, abuse, and family relationships, and credit counseling. Third, the City has offered CDBG funding for at- home healthcare, outpatient mental health services, and substance abuse counseling/treatment. Fourth, the City is funding several agencies that are providing rent or mortgage assistance, the need for which originates with the COVID-19 pandemic. Finally, the City, using its CDBG and CDBG CARES funds, hopes to address hunger and nutritional needs by funding the regional food bank pantry. As is generally expected, resident needs outpace the amount of funding the City can offer the agencies through the CDBG program alone. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of Waterloo will continue to support the Black Hawk County Local Homeless Coordinating Board and other agencies that provide support to homeless services and that are focused on reducing chronic homelessness. The activities will include assisting with increasing the capacity of existing shelters, including providing new permanent housing beds for those that are chronically homeless. Additionally, it Annual Action Plan 47 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 192 of 530 will be equally important to support agencies that provide services that help the chronically ill transition out of homelessness. The Salvation Army has a plan to complete an exit packet with each resident. Completing the exit packet is not always successful as residents often refuse or disappear from the shelter. The exit packet is a planning guide for residents and outlines obstacles they may face and provides resources to deal with those obstacle. The City of Cedar Falls has, and will, award funds to several agencies that provide services to persons seeking to transition to permanent housing and independent living situations. Through annual Entitlement funds awarded to the City, a significant amount the City's funding has been provided or pledged to provide education, financial counseling, food, substance abuse treatment, healthcare, transitional sheltering, and family services. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The Black Hawk County Homeless Coordinating Board has established discharge policies to protect populations, especially those that are vulnerable to homelessness, based on policies that were implemented by the State of Iowa. The Black Hawk County Homeless Coordinating Board adopted the FY 2018 Black Hawk/Grundy/Tama Coordinated Service Region Policies and Procedures Manual for Coordinated Entry as part of the Balance of State Continuum of Care (BoS CoC) and their guiding principles include the adoption of statewide standards, providing client choice regarding program participation, promote client -centered practices, prioritize the most vulnerable, collaboration between the CoC and other agencies and key partners, provide accurate data, utilize performance -driven decision making, having a housing first focus by providing permanent supportive housing to those experiencing chronic homelessness, and ensuring transparency of the process. The City of Cedar Falls has award funds to several agencies that provide services to persons seeking to transition from publicly funded institutions and systems of care. Through annual Entitlement funds awarded to the City, a significant amount the City's funding has been provided or pledged to provide education, financial counseling, food, substance abuse treatment, healthcare, transitional sheltering, and family services. Said services are intended to be offered to residents of the community publicly. Annual Action Plan 48 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 193 of 530 Discussion Due to the continued needs and the growing population that is at high risk for becoming homeless, it is important to continue to support agencies and organizations that help high risk individuals and households to become more self-sufficient and to have access to services. The continued reduction of CDBG and HOME funds place a strain in the amount of funds that can be dedicated to the homeless population. It is not only necessary to provide shelter, but to construct a plan and provide counseling services that address the reasons the individual or family became homeless or the reasons they are experiencing chronic homelessness. Annual Action Plan 49 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 194 of 530 AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction The main housing barrier identified was the growing mismatch between real income and housing costs. Additional issues included the difficulty for large families and people with disabilities to access affordable housing, the growing disparity between white and minority household income, unemployment, and homeownership rates. The activities proposed are targeted towards improving existing housing stock and targeting areas with greater disparities to help reduce the identified gaps. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment Actions planned by the City of Waterloo to remove barriers and allow growth of affordable housing include: Continue to hold monthly Housing Task Force Meetings. The Housing Task Force has updated rental ordinances that will increase fines that landlords would receive for properties with multiple failed rental inspections. The City will implement an additional rental inspector to address the deteriorating rental housing stock in the City. After adopting a rental inspection that mirrors that Minimum Housing Quality Standards inspection, all rental units will be required to pass the inspection to receive a rental permit. Waterloo Community Development will continue to work with The Salvation Army, our local homeless shelter, to discuss barriers that current clients and clients with chronic homelessness are facing. Continue to work with private investors that are working to acquire property from the City's 657A seized properties list to be turned into affordable housing units. Continue to provide rehabilitation and emergency repair assistance to low -moderate income households to preserve the affordable housing stock. The City of Cedar Falls takes action to ameliorate negative effects of public policy on housing affordability. Also, the City may wish to explore public -private -nonprofit partnerships in the development of affordable housing. Nonprofit developers can build mixed income housing and attract additional resources/financing that private developers cannot, when it comes to creating new affordable housing. Said housing may be marketed at workforce housing as opposed to being labeled affordable. Nevertheless, the City does recognize the effect that their housing market, along with high materials prices and supply chain issues caused by the pandemic are having on the price of housing, which may affect whether or not people can afford to live in the community. The City's Comprehensive Plan identifies future use including areas that may be developed at higher densities, which may help address the availability of affordable housing. Specifically, the plan identifies the following areas that may be suitable for higher density development: along University Avenue, west of Hudson Road; immediately east of the University of Northern Iowa; and intermixed with uses in the Main Street area, between 1st Street and 7th Street. The codes, specifically zoning, building, and other Annual Action Plan 50 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 195 of 530 regulatory ordinances that the City has adopted are designed and drafted to treat properties and people uniformly and fairly. The City has completed a community visioning plan for the Downtown and College Hill areas. The community involvement with each plan pointed to a need for housing options. The City adopted a new downtown zoning code in November 2021 that will enable various housing types and provide housing flexibility and affordability. Building permit fees are based upon the value of the improvements made to properties in an attempt to create fairness. The City adopted a complete Housing Needs Assessment in May 2023 that analyzes existing housing conditions, market, and data, as well as includes need projections, and makes housing -specific recommendations. Discussion The activities proposed will help alleviate barriers to affordable housing. While 50% of the Waterloo households are low-income, there are also disparities with income, unemployment, and homeownership. The activities proposed will target neighborhoods that are both LMI areas and areas of racial concentration, helping push resources in areas of high need and target the population experiencing the greatest need. Additional assistance, such as the down payment assistance, new construction, and acquisition with rehabilitation and resale opportunities will also support homeownership opportunities, as well as rehabilitation and emergency repairs, which will help current homeowners remain in their homes. Annual Action Plan 51 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 196 of 530 AP-85 Other Actions - 91.420, 91.220(k) Introduction The City of Waterloo proposed to undertake several actions in order to address several goals outlined in the Strategic Plan. • Address affordable housing needs • Eliminating slum and blight to provide a suitable living environment • Expand economic opportunities • Neighborhood Stabilization Actions planned to address obstacles to meeting underserved needs Actions planned to address obstacles to meet underserved needs includes: • Holding regular meetings with public service agencies to identify the gaps in services and funding needs. • Work with Neighborhood Services Coordinator to provide outreach to low income neighborhoods to connect residents with available resources. • Continue to participate in the Housing Task Force meetings to discuss housing related issues and provide solutions to those issues. • Continue to evaluate program policies and procedures, city codes and ordinances as needed for improvements and updates. Actions planned to foster and maintain affordable housing There are several actions being proposed to help foster and maintain affordable housing. • Provide support to proposed new construction of affordable housing • Acquire property that can be rehabilitated or used for new construction, or any resale of property that can be used to house low income households. • Continue to provide funding for single family owner occupied housing development by collaborating with a Community Housing Development Organization. • Provide citywide rehabilitation for owner occupied and rental housing, to help preserve and stabilize existing affordable housing stock • Provide citywide emergency repair for owner occupied homes in order to ensure the existing Annual Action Plan 52 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 197 of 530 housing is maintained and preserved • Work to help reduce slum and blight in neighborhoods in order to improve property value and improve lending opportunities for infill development • Provide homebuyer assistance to bridge the gap of rising housing costs and homebuyer affordability. Actions planned to reduce lead -based paint hazards The rehabilitation program requires that each participating property is evaluated for lead -based paint hazards. Any rental rehabilitation properties that also receive assistance will be evaluated for lead based hazards. Currently the City of Waterloo is a recipient of Lead -Based Hazards grant from HUD and is partnering with the Black Hawk County Health Department to perform lead paint assessments and clearance testing on those properties. Required inspections will be completed by a certified Lead Risk Assessor and any identified lead paint hazards will be corrected by a certified Lead Safe Renovator. The grant is currently in its last year of a three and a half year grant cycle. The goal is to make 105 homes lead safe by the end of the grant cycle. Actions planned to reduce the number of poverty -level families The following strategies will help assist households living in poverty and reduce the number of households living in poverty: • Provide funding support to organizations and agencies that provide needed services, such as food, child care services, and other services that target low income persons and households. • Provide funding support to agencies and organizations that assist residents with special needs. • Continue to assist low income households with rehabilitation and emergency repair programs. • Provide down payment assistance to support homeownership and the accumulation of equity within the community. • Support infrastructure improvements in low income neighborhoods to increase property values and also bring economic developments into those areas. • Economic development programs to support skill and job training in order to improve the employability of those in the community living in poverty. • Address lead -paint based hazards, which impact the development grown of young children and their future employment and earning capabilities. • Support child and youth service activities to help provide mentoring and support for future Annual Action Plan 53 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 198 of 530 growth, and assist families so they can secure employment. Actions planned to develop institutional structure The proposed housing and community development activities will be carried out in cooperation with local government agencies, non-profit organizations, service providers, private industry, and public institutions. The support of the public, private, and non-profit organizations are important, and collaboration with the various organizations is an important component to the institutional approach of meeting the identified needs identified in the plan. Waterloo Community Development Board, the Waterloo Housing Authority, and the Black Hawk County Local Homeless Coordinating Board will continue to work in partnership to help reduce any potential service delivery gap between public and non-profit organizations. There are many agencies that provide a wide variety of services locally, including homeless prevention, reduction of poverty, affordable housing efforts, neighborhood revitalization, youth services, and many others. Actions planned to enhance coordination between public and private housing and social service agencies Each year, as part of the annual planning process, local agencies and organizations are invited to submit proposals for CDBG and HOME eligible activities. Many of these organizations participate in informational meetings, public hearings, and are engaged in the process. Waterloo Community Development works closely with many of the agencies and non -profits and participates in regular meetings with many of the different organizations in order to continue improving coordination. There have also been efforts for continued outreach and education on the available programs and opportunities that are offered. There is also an increased effort of participation with new organizations and entities to ensure awareness of the level of assistance. Discussion All of the actions taken in the Annual Action Plan are designated to support affordable housing, reduce lead based paint hazards, and reduce the number of families living in poverty and coordinate services between public and private housing and public service agencies. Annual Action Plan 54 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 199 of 530 Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(I)(1,2,4) Introduction The following is a description of the program specific requirements under the Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME). Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 55 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 200 of 530 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(I)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: At this time there are no additional investments outside of those identified in Section 92.205 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The recapture provision will include an affordability period based on the amount of HOME funds used for that purpose as follows: • Up to $14,999: 5 years • $15,000 - $40,000: 10 years • Greater than $40,000: 15 years The City of Waterloo will reduce the amount of direct HOME subsidy for recapture on a pro rata basis for the time the homebuyer has owned and occupied the housing measured against the affordability period. The resulting ratio, is used to determine how much of the direct HOME subsidy will be recaptured. The pro rata amount recaptured, divide the number of years the homebuyer occupied the home by the period of affordability and multiply the resulting figure by the total amount of direct HOME subsidy originally provided to the homebuyer. This summarizes the resale/recapture provision. The full provision can be viewed in the Administrative attachments of the Annual Plan. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: The same recapture provisions are used as listed above. Sub recipients and the Community Housing Development Organization (CHDO) will use the City's resale and recapture provisions. The full recapture provision may be found in the administration section of the Annual Action Plan in the attachments. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City does not intend to refinance existing debt using HOME funds. Annual Action Plan 56 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 201 of 530 This Annual Plan provides funding for HOME activities including: • Direct Assistance to Homebuyers • Owner Occupied Single Family Rehabilitation • New Construction • Security Deposit Assistance • Acquisition No additional activities are included that are not identified as eligible activities in 92.205 All activities require a lien on the property or a restrictive covenant for the sale of a HOME assisted unit. Annual Action Plan 57 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 202 of 530 Resale/Recapture provisions (24 CFR 92.254(a)(5)) The City of Waterloo has elected to adopt the following recapture provisions when HOME funds (including program income) are used for affordable housing assistance. Recapture guidelines are used for any homebuyer activity where the client receives direct financial assistance (down payment assistance). Recapture may only be used when there is direct assistance to the buyer. Resale is not used by the City. However, if the client did not receive direct financial assistance, the resale provision would apply and the City's policy will be revised. U.S. Department of Housing and Urban Development must approve any changes made to the City's policy. Recapture Provision A recapture provision of the HOME regulations pursuant to CFR Part 24 92.254 (a)(5)(ii) will be used when HOME funded assistance is provided for down payment assistance for people at income levels of 80% or less of Waterloo's median income. The homebuyer must reside in the home as the principal residence for the duration of the period of affordability. Should the homebuyer need to transfer the property (either voluntarily or involuntarily) during the affordability period, it must follow these recapture provisions. The homebuyer may resell the property on the open market to any willing buyer during the affordability period. The property is subject to this provision for an affordability period based on the amount of direct financial assistance of HOME funds to the buyer (down payment, closing costs and any write down of the purchase price from fair market value to an affordable price) as indicated in the following chart. Up to $14,999- 5 years $15,000-$40,000- 10 years Greater than $40,000- 15 years The client will sign and the City will record a mortgage in second position to the bank mortgage stating the principal residency requirement throughout the affordability period. The client will also sign a HOME Agreement with the City referencing property value, the amount of direct financial assistance provided, the recapture provisions, certification of principal residence and the property standards. The mortgage document includes the affordability period, the principal residency requirement and the recapture provision for the assistance. The City of Waterloo will reduce the amount of direct HOME subsidy for recapture on a percentage - based reduction for the time the homebuyer has owned and occupied the house measured against the affordability period if the housing unit is sold during the affordability period. For example, with a five year affordability period, the recapture amount will be reduced by one fifth for each year of occupancy. The resulting ratio is used to determine how much of the direct HOME subsidy the City will recapture. The amount recaptured cannot exceed what is available from net proceeds. To determine the amount forgiven, divide the number of full years the homebuyer occupied the home by the period of Annual Action Plan 58 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 203 of 530 affordability and multiply the resulting figure by the total amount of direct HOME subsidy originally provided to the homebuyer. If there are insufficient net proceeds available at sale to recapture the full pro rata amount due, the homebuyer and City will share net proceeds equally (50-50 split). Net proceeds are defined as the sales price minus principal loan repayment (other than HOME funds) and any closing costs. Under no circumstances will the City recapture more than the available net proceeds. Example 1: Appraised Value of the Property at Acquisition: $125,000 HOME Investment (Forgivable loan for down payment assistance): $5,000 Homebuyer investment -(additional down payment, closing costs): $2,000 Original bank mortgage: $120,000; balance of $118,000 The house is being sold for $130,000 in year 3 of the affordability period. Forgivable loan is in year 3 of 5. This means 2/5ths or 40% of the loan has been forgiven for the two full years of occupancy. Therefore, 60% of the down payment assistance is recaptured: $5000 x 60%= $3,000 Net proceeds= Sales price -primary loan repayment -closing costs ($130,000-$118,000-$2000= $10,000). Since the net proceeds are sufficient to repay the City, the City recaptures the full $3000. Upon receipt, the city considers the forgivable loan fully paid and releases the mortgage. Example 2: Consider the same transaction with the following changes: Selling price= $120,000 Original bank mortgage balance= $118,000 Net proceeds= $120,000-$118,000-$2,000(closing costs) =$0. Since there are no net proceeds, the client does not pay back any of the down payment assistance and the loan is satisfied. Example 3: Selling price of $121,000: Annual Action Plan 59 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 204 of 530 Net proceeds = $121,000-118,000-$2000=$1,000. Since the net proceeds are insufficient to recapture the full amount of the $3000, the City and the owner share net proceeds equally and each receives $500. The terms of this recapture provision will be used through execution of a mortgage, promissory note and HOME written Agreement between the homebuyer and the City which specifies the period of affordability and the occupancy and recapture requirements. The mortgage is recorded in second position to the primary loan. If the owner transfers title to the property either voluntary or involuntary, the owner must repay the balance of the forgivable HOME loan to the City following the recapture guidelines stated previously. If the owner rents or vacates the unit during the affordability period, or sells the home without the City receiving recaptured funds due at time of sale the owner would be in non-compliance, and the City reserves the right to hold the owner accountable for the full amount of the HOME funds provided to that housing unit. This is based on the total amount of HOME funds invested, including both development funds and direct financial assistance to the buyer minus any principal HOME loan repayments. The repayment is not subject to any reductions that might be otherwise applicable under a recapture provision such as forgiveness for term of occupancy or repayment to owner first. The City will monitor compliance with the principal place of residency requirement throughout the affordability period. The owner will be mailed a letter requesting a copy of the homeowner's insurance policy declaration page and a copy of a utility bill. If the owner is not in compliance, the guidelines stated previously will be followed. Resale Provision Not applicable at this time. If no direct financial assistance is provided to the client, the City will revise its policy to use the resale provision. U.S. Department of Housing and Urban Development must approve any changes made to the City's policy. Updated 8-16-2018 J:\Angie-F\Policies and Procedures\resale-recapture to HUD 8-16-18.docx Annual Action Plan 60 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 205 of 530 Administrative Attachment #2 Community Development 1st Public Hearing Meeting Minutes January 10, 2023 I. Call to order Cody Leistikow called to order the 1st Public Hearing for the FY24 Annual Action Plan of the Community Development Board via zoom at 5:00 p.m. on Tuesday, January 10, 2023. Leistikow asked for an approval of the agenda for the public hearing for January 10, 2023. It was moved by Rucker and seconded by Hansen to approve the agenda. Motion carried. II. Attendance: Present: Chairperson Cody Leistikow, Zach Hansen Angela Weekley, Cam Campbell and Jessica Rucker Members Absent: Tina Hummel Also Present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator; Stephanie Shavers, Neighborhood Services Coordinator; Pam Mast, Intake Specialist; Barb Prather, Northeast Iowa Food Bank; Susan Entriken, Northeast Iowa Food Bank; Sarah, Boleyn, Child Care Resource and Referral of NE Iowa; Esther Meuer-Valtchev, Child Care Resource and Referral of NE Iowa; Lisa Wetzel, Northeast Iowa Area Agency on Aging; Ben Brustkern and Will Bird, Friends of the Family; Carrie O'Connor, Iowa Legal Aid, Grace Fee, Salvation Army; Paul Huting, Leisure Services; Shannon Bass, Northeast Iowa Food Bank, Ed Gruenwald, Grin and Grow Child Care III. Motion to Receive and File Affidavit Secretary Name IV. Motion to Open the Public Hearing Leistikow asked for a motion to open the public hearing. Hansen made a motion to open the public hearing and Rucker seconded that motion. Motion Carried. Barb Prather, Director of the Northeast Iowa Food Bank discussed funding, she stated that because SNAP benefits were cut they saw a dramatic increase in need. The need has increased 60% from FY20 to FY23. She mentioned that during the Thanksgiving holiday week, they served 500 more families than the previous year. The Food Bank has a definite need for Annual Action Plan 61 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 206 of 530 the FY24 funds. Shannon Bass reiterated that the cost of living has increased as well as the cost of doing business, so Northeast Iowa Food Bank definitely can use the funds. Boys and Girls Club staff had a prior commitment but they assured Community Development staff that they would be at the 2nd public hearing in February. Esther Meuer-Valtchev, Child Care Resource and Referral of NE Iowa discussed the need of funds for their nonprofit organization. This is the first time their organization has applied for these funds and they are looking at a retention of 10 home child care providers and the recruitment of ten additional home care providers. The Child Care Resource Center services are free services, these services include parent referral services, community services, consultation and training services. Ed Gruenwald, Grin and Grow Child Care talked about the expansion of the preschool program from 3 days to 5 days per week which they have partially funded through Cedar Valley Preschool Program. Grin and Grow currently supports 100 families with over 40,000 hours of childcare at a reduced cost. Lisa Wetzel, Northeast Iowa Area Agency on Aging discussed the two programs that they are seeking funding for FY24. Currently, both of these programs are funded through CARES Act funding. The Home Modification program is primarily ramps and bathroom modifications, depending on the cost, they estimate they will do 5-6 different projects with the funding they are requesting. NEI3A also has an Iowa Cafe Program, this program works with locally owned restaurants who provide meals to seniors in Waterloo. Currently, they are providing 167 meals monthly to 50 different seniors. Carrie O'Connor, Iowa Legal Aid a statewide organization works with low income and senior residents. The funding they are requesting will be used for the Waterloo Housing Stability program which includes having an intake person at the courthouse three days a week prior to eviction hearings. This eviction diversion project includes outreach and helps resolve housing related legal issues. The program also works with landlords to attempt to resolve issues and works to reach an agreement between the landlord and tenants. Grace Fee, Salvation Army requested funds for utility costs for the three shelters that their non- profit operates. Salvation Army has seen a 40% increase in homelessness since 2020. Inflation has also increased the cost of the utilities at each of the shelters. Paul Huting, Leisure Services, requested funds for the Sullivan Park Project, an ADFA accessible swing set, as well as the Phase II of the Edison School Park Project which includes a Annual Action Plan 62 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 207 of 530 half court basketball court as well as walkways. Community Development funded the first phase of the Edison school project in FY23. Ben Brustkern, Friends of the Family is seeking funding for their rapid rehousing program which includes paying rent and utilities and providing case management for a 9-12 month window for 17 units. This program allows the individuals to move from homeless to self- sufficiency. Friends of the Family partners with Legal Aid and Salvation Army currently. Currently there are 60 families who are experiencing homelessness and are waiting for housing, this number is down from 120 previously. Fordyce recommended to Brustkern to keep this application as this sounds like it would fit in with the HOME- ARP funding that will be available after March. V. Motion to Close the Public Hearing Leistikow asked for a motion to close the public hearing. Campbell made a motion to close the public hearing and Hansen seconded that motion. Motion Carried. VI. Motion to publish initial subcommittee recommendations on February 5, 2023 before the 2nd Public hearing which is February 21, 2023. Leistikow asked for a motion to publish the initial subcommittee recommendations on February 5, 2023 before the second public hearing on February 21, 2023.Hansen made the motion to publish the recommendations and Rucker seconded that motion. Motion carried. VII. Motion to Adjourn Leistikow asked for a motion to adjourn. It was moved by Campbell and seconded by Hansen to adjourn the meeting. Motion carried. Meeting Adjourned. Minutes submitted by: Minutes approved by: Board Annual Action Plan 63 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 208 of 530 Administrative Attachment #2 Community Development 2nd Public Hearing Meeting Minutes May 16, 2023 VII. Call to order Cody Leistikow called to order the 2nd Public Hearing for the FY24 Annual Action Plan of the Community Development Board via zoom at 5:00 p.m. on Tuesday, May 16, 2023. Leistikow asked for an approval of the agenda for the public hearing for May 16, 2023. It was moved by Hummel and seconded by Rucker to approve the agenda. Motion carried. VIII. Attendance: Present: Chairperson Cody Leistikow, Tina Hummel, Cam Campbell and Jessica Rucker Members Absent: Angela Weekley Also Present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator; Shannon Bass, Northeast Iowa Food Bank, Ed Gruenwald, Grin and Grow Child Care; Rob Nichols, Councilperson III. Motion to Receive and File Affidavit Secretary Name IV. Motion to Open the Public Hearing Leistikow asked for a motion to open the public hearing. Campbell made a motion to open the public hearing and Hummel seconded that motion. Motion Carried. Shannon Bass, Northeast Iowa Food Bank thanked the board for funding as need is always there. Shannon Bass reiterated that the cost of living has increased as well as the cost of doing business, so Northeast Iowa Food Bank definitely can use the funds. Ed Gruenwald, Grin and Grow Child Care thanked the board for the additional funding for expansion of the preschool program from 3 days to 5 days per week which they have partially funded through Cedar Valley Preschool Program. This funding will help 5 single moms with child care needs. Grin and Grow currently supports 100 families with over 40,000 hours of childcare at a reduced cost. IX. Motion to Close the Public Hearing Annual Action Plan 64 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 209 of 530 Leistikow asked for a motion to close the public hearing. Hummel made a motion to close the public hearing and Rucker seconded that motion. Motion Carried. X. Motion to authorize the publication of the 30 day comment period from May 22, 2023-June 21, 2023 and submit recommendations to the City Council for a public hearing on July 17, 2023. Leistikow asked for a motion to authorize publication of the 30-day comment period from May 22- June 21, 2023.Campbell made the motion to publish the 30 day comment period and Hummel seconded that motion. Motion carried. VII. Motion to Adjourn Leistikow asked for a motion to adjourn. It was moved by Hummel and seconded by Campbell to adjourn the meeting. Motion carried. Meeting Adjourned. Minutes submitted by: Minutes approved by: Board Annual Action Plan 65 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 210 of 530 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 17th day of July, 2023, at 5:30 p.m., in the Harold E. Getty Council Chambers in the City Hall in the City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, to review the proposed funding recommendations for the FY2024 Annual Action Plan for CDBG and HOME program funds for the Waterloo/Cedar Falls Consortium set forth by the Community Development Board. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 3rd day of July, 2023. Kelley Felchle City Clerk Page 211 of 530 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department July 3, 2023 AGENDA ITEM TITLE Resolution approving an amendment to the conflict waiver with Ahlers and Cooney, P.C., for a cooperation agreement for the Waterloo Telecommunications Utility Board and the City of Waterloo for the FTTP and City backbone project, and authorizing the Board Chair and Board Secretary to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Executed conflict waiver (02224062x7F7E1) Page 212 of 530 2. Amendment to conflict waiver backbone and FTTP agreements 6 28 23 (02224300x7F7E1) Page 213 of 530 AHLERS COONEY ATTORNEYS Quentin Hart Mayor City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 January 26, 2023 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristine Stone 515.246.0314 kstone@ahlerslaw.com Andrew Van Fleet Board Chair Waterloo Communications Utility Board 715 Mulberry Street Waterloo, Iowa 50703 RE: 28E for FTTP and City backbone project Dear Mr. Hart and Mr. Van Fleet: This waiver letter confirms that our Firm has been asked to represent the City of Waterloo with respect to the preparation of a 28E Agreement between the City of Waterloo and the Waterloo Communications Utility Board related to the bidding and construction of the Fiber - to -the -Premises (FTTP) and City Backbone Project. It is our understanding that this Project will be bid in early 2023, and construction will last through 2026. We will be asked to assist with the drafting of a 28E Agreement outlining each party's responsibilities and obligations as it relates to the FTTP and City Backbone Project. As you know, our Firm has existing client relationships with the City of Waterloo and the Waterloo Communications Utility Board. Given the proposed concurrent representation of the Parties, we cannot undertake a representation where we will advocate or negotiate for one party against the other. However, our ethical rules allow us to undertake representation of both parties to a transaction provided that we can competently and diligently represent each client, and each client provided informed consent in writing to the representation. We believe that we can competently and diligently represent both the City of Waterloo and the Waterloo Communications Utility Board in the limited role of memorializing a 28E Agreement as determined by the Parties. The City of Waterloo and the Waterloo Communications Utility Board must determine the terms to include in the Agreement (between you) and then provide such terms to us to include in the Agreement. In our limited role as the scrivener, the more details you work out between you and provide to us, the better. In the course of drafting we may identify categories of essential terms you have not addressed, in which case we will suggest that both parties coordinate and let us know what specific terms you mutually agree on for each such category. We may also include stock or customary terms in the draft we provide with no intent of favoring either party over the other. Any such terms may be rejected or modified by either of you and, as with all terms in the Agreement, are subject to mutual agreement between you and can be revised by you. Through the proposed limited joint WISHARD & BAILY - 1888; GUERNSEY & BAILY- 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. -1990 Page 214 of 530 January 26, 2023 Page 2 representation, we can assist you in documenting the Agreement you reach on an amicable and mutually advantageous basis. In the event there are actual disagreements of substance or content between the Parties, we will decline to advise either party with respect to such issue. Should an issue arise for which the Parties cannot reach agreement on your own, we would need to withdraw from further representation of both Parties with respect to the Agreement. Such withdrawal would not, however, impact our on -going representation of the City of Waterloo or the Waterloo Communications Utility Board on all other matters. In the course of the joint representation of the Parties, we will not have communications with one party relevant to the Agreement that are confidential from the other. For matters relevant to this limited joint representation, we have a legal and ethical duty to share with both of you the information we receive and the comments that we give. In other words, your conversations with us with respect to the Agreement are not privileged as between the two of you and could not be claimed as privileged should any dispute arise between you. If you want independent advice concerning the terms of the Agreement, or if you wish to be able to discuss matters in complete privacy, you will need to seek such advice from alternate counsel. In deciding whether or not to consent to the joint representation, the Parties should consider how our limited representation as described above could or may affect them. For example, clients that are asked to consent to conflicts should consider whether there is any material risk that their attorney will be less diligent on their behalf due to the conflict. Similarly, clients should consider whether there is any material risk that their confidential information or other proprietary matters will be used adversely to them due to the conflict. We do not believe that our obligations of loyalty and confidentiality to any party will impair our ability to represent the Parties in this matter in the limited manner described herein, but of course you may ask us any questions you may have regarding the contents of this letter and/or seek the independent advice of a lawyer outside of our Firm regarding the contents of this letter. Please respond to this request by either signing and returning this letter or informing us that you decline to approve and consent to this joint representation. We will only be able to represent the Parties in this matter if both Parties are in agreement regarding this limited representation. Sincerely, AHLERS & COONEY, P.C. By Kria-tCs4e'Sto-vtei Kristine Stone Page 215 of 530 January 26, 2023 Page 3 The City Council of the City of Waterloo hereby waives and consents to any actual, potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.'s representation of the Waterloo Communications Utility Board and the City of Waterloo regarding the 28E Agreement for the FTTP Project. Dated this 20th day of February , 2023. City Council of the City of Waterloo: By: Quer itz 9-Uri Mayor Page 216 of 530 January 26, 2023 Page 4 The Waterloo Communications Utility Board hereby waives and consents to any actual, potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.'s representation of the Waterloo Communications Utility Board and the City of Waterloo regarding the 28E Agreement for the FTTP Project. Dated this 22nd day of February , 2023. Board of Trustees of the Waterloo Communications Utility: By: cr Board Chair Page 217 of 530 AHLERS COONEY ATTORNEYS Quentin Hart Mayor City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 June 28, 2023 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristine Stone 515.246.0314 kstone@ahlerslaw.com Andrew Van Fleet Board Chair Waterloo Communications Utility Board 715 Mulberry Street Waterloo, Iowa 50703 RE: Amendment to conflict waiver for cooperation agreement for FTTP and City backbone project Dear Mayor Hart and Mr. Van Fleet: This letter is being sent to amend the prior conflict waiver authorizing our Firm to prepare an Agreement between the City of Waterloo and the Waterloo Communications Utility Board related to the bidding and construction of the Fiber -to -the -Premises (FTTP) and City Backbone Project. Additional cooperation, sharing, and/or joint use agreements related to the backbone and the FTTP network are required between the City and Utility and this amendment confirms your agreement to our Firm's joint representation of the Parties in these matters. The terms and conditions of this amendment are the same as the terms and conditions identified within our January 26, 2023 letter. The specific agreements which this amendment covers include, but are not limited to, the following: 1. Agreement for Maintenance and Fuel. 2. Agreement(s) for sharing personnel, equipment, vehicles, facilities and benefits. 3. Joint use agreement (backbone). 4. Any other agreements between the City of Waterloo and the Waterloo Communications Utility Board related to the use of City employees, facilities, equipment, services, financing, or other matters relating to the design, construction, operation and/or financing of the Waterloo Communications Utility or the City Backbone. Please respond to this request by either signing and returning this letter or informing us that you decline to approve and consent to this joint representation. We will only be able to represent the Parties in the above -referenced matter if both Parties are in agreement regarding this limited representation. WISHARD & BAILY - 1888; GUERNSEY & BAILY- 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. -1990 Page 218 of 530 June 26, 2023 Page 2 Sincerely, AHLERS & COONEY, P.C. By Kri4tttry e/ Sto-v e Kristine Stone By ,Seeuevr `I, 71 Steven M. Nadel 02212998-1 \ 11310-157 Page 219 of 530 June 26, 2023 Page 3 The City Council of the City of Waterloo hereby waives and consents to any actual, potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.'s representation of the Waterloo Communications Utility Board and the City of Waterloo regarding Agreements between the City and the Utility related to the Communications Utility and/or the City Backbone. Dated this day of , 2023. City Council of the City of Waterloo: By: Mayor Page 220 of 530 June 26, 2023 Page 4 The Waterloo Communications Utility Board hereby waives and consents to any actual, potential, or perceived conflict of interest associated with Ahlers & Cooney, P.C.'s representation of the Waterloo Communications Utility Board and the City of Waterloo regarding Agreements between the City and the Utility related to the Communications Utility and/or the City Backbone. Dated this day of , 2023. Board of Trustees of the Waterloo Communications Utility: By: Board Chair Page 221 of 530 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Keith Kaspari, Director of Aviation Airport Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution accepting a Federal Aviation Administration Grant No: 3-19-0094-0056 in the amount of $1,936,017.00, for the Phase 2 Pavement Reconstruction of Taxiway Alpha West at the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said documents. RECOMMENDED COUNCIL ACTION Approve of the above request from Staff. SUMMARY STATEMENT AND BACKGROUND INFORMATION This project will provide for the pavement transition and reconstruction of Taxiway Alpha West - with a transition from asphalt to concrete and the transition from 50-feet wide to 35-feet wide. This project also includes new energy efficient taxiway edge lighting, elevated guidance signage and new pavement markings. NEIGHBORHOOD IMPACT This project, scheduled for the Spring / Summer of CY-2024, should be approximately 120-calendar days in duration (weather permitting), whereby during this time, Runway 18/36 will require periods of closure. DATA, ANALYSIS, AND STRATEGIES N/A IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Staff will follow the Construction Safety and Phasing Plan (CSPP) for this project, and will continue to keep airfield tenants aware of its progress during pre -construction and timely construction -update meetings. COMMUNITY ENGAGEMENT METHODS See above. SOURCE OF EXPENDITURES The funds for this project, will be derived via FAA Grant No: 56 as noted above, which includes annual Airport Improvement Program (AIP) funds, along with some funds from the Bipartisan Infrastructure Legislation, or BIL funds - Phase 2. Page 222 of 530 For this Phase 2 part of the project, a local Sponsor match of $215,114 will be required. This Sponsor Match will be derived via the Finance Department's FY-2024 Bonding Program, but will be reimbursed through a future FAA Passenger Facility Charge Application which is in DRAFT format today, and whereby Staff is seeking approval of this PFC application at the June 28th meeting of the Airport Board. Once approved, Staff will place this on a future Council Agenda for approval. ALTERNATIVE ACTION There were no alternative uses identified for the use of these funds. LEGAL DESCRIPTION N/A ATTACHMENTS 1. ALO 056 Grant Application FINAL Page 223 of 530 OMB Number. 4040-0004 Expiration Date: 1113012025 Application for Federal Assistance SF-424 *1. Type of Submission: ❑ Preapplication ❑X Application ❑ Changed/Corrected Application *2. Type of Application * If Revision, select appropriate letter(s): * Other (Specify) X New ❑ Continuation ❑ Revision *3. Date Received: 4. Applicant Identifier: -056 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City of Waterloo, IA *b. Employer/Taxpayer Identification Number (EINTTIN): 42-6005333 *c. UEI: D571YPMNW8E5 d. Address: *Street 1: 2790 Livingston Lane Street 2: *City: Waterloo County/Parish: *State: Province: IA *Country: USA: United States *Zip / Postal Code 50703-9678 e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. *First Name: Keith Middle Name: *Last Name: Kaspari Suffix: Title: Director of Aviation Organizational Affiliation: *Telephone Number: 319-291-4483 Fax Number: (319) 291-4250 *Email: keith.kaspari@waterloo-ia.org Page 224 of 530 Application for Federal Assistance SF-424 *9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Pick an applicant type Type of Applicant 3: Select Applicant Type: Pick an applicant type *Other (Specify) *10. Name of Federal Agency: Federal Aviation Administration 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program *12. Funding Opportunity Number: N/A *Title: N/A 13. Competition Identification Number: N/A Title: N/A 14. Areas Affected by Project (Cities, Counties, States, etc.): Waterloo, Black Hawk County, IA *15. Descriptive Title of Applicant's Project: Reconstruction of Taxiway A West Attach supporting documents as specified in agency instructions. Page 225 of 530 Application for Federal Assistance SF-424 16. Congressional Districts Of: *a. Applicant: 1st *b. Program/Project: 1st Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: *a. Start Date: 10/17/2022 *b. End Date: 12/31/2024 18. Estimated Funding ($): *a. Federal $ 1,936,017 *b. Applicant $ 215,114 . State $ 0 *d. Local $ 0 *e. Other *f. Program Income *g. TOTAL $ 2,151,131 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on . • © b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. *20. Is the Applicant Delinquent On Any Federal Debt? ❑ Yes ❑X No If "Yes", explain: 21. herein with me X ** agency *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ** I AGREE The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or specific instructions. Authorized Representative: Prefix: Mr. *First Name: Keith Middle Name: *Last Name: Kaspari Suffix: *Title: Director of Aviation *Telephone Number: 319-291-4483 Fax Number: 319-291-4250 * Email: keith.kaspari@waterloo-ia.org *Signature of Authorized Representative: `� *Date Signed: c,�` Page 226 of 530 011 U.S. Department of Transportation 1111 Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 6/30/2023 Application for Federal Assistance (Development and Equipment Projects) PART II — PROJECT APPROVAL INFORMATION Part II - SECTION A The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form. Item 1. Does Sponsor in the System for Award Management maintain an active registration X Yes ❑ No (www.SAM.gov)? Item 2. Can Sponsor commence the work identified in the application in the fiscal the year is the is is later? X Yes ❑ No ❑ N/A grant made or within six months after grant made, whichever Item 3. Are there any foreseeable events that would delay completion of the project? If yes, ❑ Yes X No ❑ N/A provide attachment to this form that lists the events. Item 4. Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of ❑ Yes X No ❑ N/A mitigating measures to this application and identify the name and date of the environmental document(s). Item 5. Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please ❑ Yes X No ❑ N/A identify other funding sources by checking all applicable boxes. ❑ The project is included in an approved PFC application. If included in an approved PFC application, does the application only address AIP matching share? ❑ Yes ❑ No ❑ The project is included in another Federal Assistance program. Its CFDA number is below. Item 6. Will the Federal include Sponsor indirect described in requested assistance costs as Yes X No ❑ N/A 2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals? If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply: ❑ De Minimis rate of 10% as permitted by 2 CFR § 200.414. ❑ Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII). Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs. FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 7 Page 227 of 530 OMB CONTROL. NUMBER: 2120-0569 OMB EXPIRATION DATE: 6/30/2023 PART II - SECTION B Certification Regarding Lobbying The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached. The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form. The Authorized Representative certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form-L.L L, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 7 Page 228 of 530 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 6/30/2023 PART II — SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The Waterloo Airport Board has acquired easements or by fee title all property within the exiting runway protection zones. The City of Waterloo has passed a tall structure zoning ordinance and land use zoning ordinances to protect and control the aerial approaches and the adjacent property use at the Waterloo Regional Airport. 2. Defaults — The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None. 3. Possible Disabilities — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows: None. 4. Consistency with Local Plans — The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Yes. 5. Consideration of Local Interest — It has given fair consideration to the interest of communities in or near where the project may be located. Yes. 6. Consultation with Users — In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)). Yes. 7. Public Hearings — In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. N/A 8. Air and Water Quality Standards — In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. N/A FAA Form 5100-100 (8120) SUPERSEDES PREVIOUS EDITION Page 3 of 7 Page 229 of 530 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 6/3012023 PART II — SECTION C (Continued) 9. Exclusive Rights — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None. 10. Land — (a) The sponsor holds the fallowing property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit A. [1] Work on this project will be completed within Airport Owned Parcel Numbers 13, 16 and 17. Airport Property Map and Title Opinion were submitted and approved under the Airport Master Plan 3-19-0094-033 (Approved December 2013). The Exhibit A Property Map dated December 11, 2013 is incorporated herein by reference. The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1) None. (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] None. State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 4 of 7 Page 230 of 530 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 6/30/2023 PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 1. Assistance Listing Number: 2. Functional or Other Breakout: 20.106 Airport Improvement Program SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Latest Approved Amount (Use only for revisions) Adjustment + or (-) Amount (Use only for revisions) Total Amount Required 1. Administration expense $ 2,000 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 185,875 5. Other Architectural engineering fees 6. Project inspection fees 240,800 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 1,722,457 12. Equipment 13. Miscellaneous 14. Subtotal (Lines 1 through 13) $ 2,151,131 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 2,151,131 17. Less: Ineligible Exclusions (Section C, line 23 g.) 18. Subtotal (Lines 16 through 17) $ 2,151,131 19. Federal Share requested of Line 18 1,936,017 20. Grantee share 215,114 21. Other shares 22. TOTAL PROJECT (Lines 19, 20 & 21) $ 2,151,131 FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 5 of 7 Page 231 of 530 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 6/30/2023 SECTION C — EXCLUSIONS 23. Classification (Description of non -participating work) Amount Ineligible for Participation a. b. c. d. e. f. g. Total SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 24. Grantee Share — Fund Categories Amount a. Securities b. Mortgages c. Appropriations (by Applicant) d. Bonds e. Tax Levies f. Non -Cash g. Other (Explain): PFC Match 215,114 h. TOTAL - Grantee share $ 215,114 25. Other Shares Amount a. State b. Other c. TOTAL - Other Shares 26. TOTAL NON-FEDERAL FINANCING $ 215,114 SECTION E — REMARKS (Attach sheets if additional space is required) The following documents are incorporated by reference: Exhibit A dated December 11,2013 and Plans & Specifications (as issued for bid, sealed) dated: March 3, 2023. FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 6 of 7 Page 232 of 530 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 6/30/2023 PART IV — PROGRAM NARRATIVE (Suggested Format) PROJECT: Reconstruction of Taxiway A West AIRPORT: Waterloo Regional Airport (ALO) 1. Objective: This project will reconstruct Taxiway A West from Runway 18-36 to Taxiway B at the Terminal Apron including guidance signs, markings, and drainage. 2. Benefits Anticipated: Reconstruction of the Taxiway A West pavement will replace a section of deteriorated pavement, improving safety. 3. Approach: (See approved Scope of Work in Final Application) The project has been competitively bid and the lowest responsive responsible bidders will be considered for execution of a contract for construction. The work is anticipated to be completed in 2023 and the closeout grant in 2024. 4. Geographic Location: The project is located within the property limits of the Waterloo Regional Airport located in Waterloo, Black Hawk County, Iowa. 5. If Applicable, Provide Additional Information: 6. Sponsor's Representative: (include address & telephone number) Mr. Keith D. Kaspari, Director of Aviation, 2790 Livingston Lane, Waterloo, Iowa 50703 (319) 291-4483 FAA Form 5100.100 (8/20) SUPERSEDES PREVIOUS EDITION Page 7 of 7 Page 233 of 530 ATTACHMENT A Project Costs Summary for Grant Applications 053 and 056 (format similar to FAA Form 5100-100 Part 111, Section B) 1. Administrative Expenses (estimated) 1. General/Misc Expenses 2. General/Misc Expenses 3. tbd Subtotal 4. Architectural/Engineering Basic Fees 1. Design, Bidding - Reconstruct Taxiway A West 2. Design, Bidding - Rehab 12/30 and Taxiways 3. tbd 6. Project Inspection Fees 1. CACO - Reconstruct Taxiway A West 2. CACO - Rehab 12/30 and Taxiways 3. tbd Subtotal Subtotal 11. Construction and Project Improvement Costs 1. Reconstruct Taxiway A West 2. Bid Alt 1 (Remove pavement west of 18/36) 3. Rehab 12/30 and Taxiways 4. tbd Subtotal 14. Subtotal AIP Grant 053 BIL Grant 056 Runway 12/30 Taxiway A West Taxiway A West Total Ineligible Eligible Eligible AIP Eligible AIP Eligible BIL AIG $ 4,000.00 $ - $ 4,000.00 $ 2,000.00 $ - $ 2,000.00 $ - $ - $ - $ - $ - $ $ - $ - $ - $ - $ - $ $ 4,000.00 $ - $ 4,000.00 I $ 2,000.00 $ - I $ 2,000.00 Total Ineligible Eligible Eligible AIP Eligible AIP Eligible BIL AIG $ 227,400.00 $ - $ 227,400.00 $ - $ 94,825.37 $ 132,574.63 $ 106,600.00 $ - $ 106,600.00 $ 53,300.00 $ - $ 53,300.00 $ - $ - $ - $ - $ - $ $ 334,000.00 $ - $ 334,000.00 I $ 53,300.00 $ 94,825.37 I $ 185,874.63 Total Ineligible Eligible Eligible AIP Eligible AIP Eligible BIL AIG $ 353,000.00 $ - $ 353,000.00 $ - $ 147,200.33 $ 205,799.67 $ 70,000.00 $ - $ 70,000.00 $ 35,000.00 $ - $ 35,000.00 $ - $ - $ - $ - $ - $ $ 423,000.00 $ - $ 423,000.00 I $ 35,000.00 $ 147,200.33 I $ 240,799.67 Total Ineligible Eligible Eligible AIP Eligible AIP Eligible BIL AIG $ 2,488,523.75 $ - $ 2,488,523.75 $ - $ 1,037,709.68 $ 1,450,814.07 $ - $ - $ - $ - $ - $ $ 543,285.00 $ - $ 543,285.00 $ 271,642.50 $ - $ 271,642.50 $ - $ - $ - $ - $ - $ $ 3,031,808.75 $ - $ 3,031,808.75 I $ 271,642.50 $ 1,037,709.68 I $ 1,722,456.57 Total Ineligible Eligible Eligible AIP Eligible AIP Eligible BIL AIG $ - $ 3,792,808.75 $ 361,942.50 $ 1,279,735.37 $ 2,151,130.88 Eligible Participation Rate FAA Share FAA Available Proration for Grant Description Sponsor Match FAA Share Total Proration for 053 and 056 $ 1,641,677.87 $ 2,151,130.88 90% 90% $ 1,477,510.00 $ 1,936,017.00 $ 1,477,510.00 $ 1,936,017.00 90.00% 10.00% $ 164,167.87 $ 215,113.88 $ 1,477,510.00 $ 1,936,017.00 $ 1,641,677.87 $ 2,151,130.88 41.70% I 58.30% Page 234 of 530 wbU.S. Department of Transportation OMB CONTROL NUMBER: 2120-0559 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Construction Project Final Acceptance Airport Improvement Program Sponsor Certification Sponsor: City of Waterloo, IA Airport: Waterloo Regional Airport Project Number: 3-19-0094-056 Description of Work: Reconstruction of Taxiway A West from Runway 18-36 to Taxiway B Application 49 USC § 47105(d), authorizes the Secretary to require me certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program. General standards for final acceptance and close out of federally funded construction projects are in 2 CFR § 200.343 — Closeout and supplemented by FAA Order 5100.38. The sponsor must determine that project costs are accurate and proper in accordance with specific requirements of the grant agreement and contract documents. Certification Statements Except for certification statements below marked not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgment and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based an the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The personnel engaged in project administration, engineering supervision, project inspection, and acceptance testing were or will be determined to be qualified and competent to perform the work (Grant Assurance). ❑X Yes n No ❑ NIA 2. Construction records, including daily logs, were or will be kept by the resident engineer/construction inspector that fully document contractor's performance in complying with: a. Technical standards (Advisory Circular (AC) 150/5370-12); b. Contract requirements (2 CFR part 200 and FAA Order 5100.38); and c. Construction safety and phasing plan measures (AC 150/5370-2). ❑i�Yes ❑No ❑NIA 3. All acceptance tests specified in the project specifications were or will be performed and documented. (AC 150/5370-12). lA Yes ❑ No ❑ NIA FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION page 1 of 3 Page 235 of 530 4. Sponsor has taken or will take appropriate corrective action for any test result outside of allowable tolerances (AC 150/5370-12). 0 Yes n No n N/A 5. Pay reduction factors required by the specifications were applied or will be applied in computing final payments with a summary made available to the FAA (AC 150/5370-10). n Yes n No n N/A 6. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA) of the following occurrences: a. Violations of any federal requirements set forth or included by reference in the contract documents (2 CFR part 200); b. Disputes or complaints concerning federal labor standards (29 CFR part 5); and c. Violations of or complaints addressing conformance with Equal Employment Opportunity or Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 49 CFR part 26). 0 Yes ❑ No ❑ NIA 7. Weekly payroll records and statements of compliance were or will be submitted by the prime contractor and reviewed by the sponsor for conformance with federal labor and civil rights requirements as required by FAA and U.S. Department of Labor (29 CFR Part 5). Q Yes ❑ No ❑ NIA 8. Payments to the contractor were or will be made in conformance with federal requirements and contract provisions using sponsor internal controls that include: a. Retaining source documentation of payments and verifying contractor billing statements against actual performance (2 CFR § 200.302 and FAA Order 5100.38); b. Prompt payment of subcontractors for satisfactory performance of work (49 CFR § 26.29); c. Release of applicable retainage upon satisfactory performance of work (49 CFR § 26.29); and d. Verification that payments to DBEs represent work the DBE performed by carrying out a commercially useful function (49 CFR §26.55). E Yes ❑ No ❑ N/A 9. A final project inspection was or will be conducted with representatives of the sponsor and the contractor present that ensure: a. Physical completion of project work in conformance with approved plans and specifications (Order 5100.38); b. Necessary actions to correct punch list items identified during final inspection are complete (Order 5100.38); and c. Preparation of a record of final inspection and distribution to parties to the contract (Order 5100.38); ❑X Yes ❑ No ❑ NIA 10. The project was or will be accomplished without material deviations, changes, or modifications from approved plans and specifications, except as approved by the FAA (Order 5100.38). Yes ❑ No El NIA FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION page 2 of 3 Page 236 of 530 11. The construction of all buildings have complied or will comply with the seismic construction requirements of 49 CFR § 41.120. ❑ Yes ❑ No ❑i� NIA 12. For development projects, sponsor has taken or will take the following close-out actions: a. Submit to the FAA a final test and quality assurance report summarizing acceptance test results, as applicable (Grant Condition); b. Complete all environmental requirements as established within the project environmental determination (Oder 5100.38); and c. Prepare and retain as -built plans (Order 5100.38). ❑X Yes ❑ No ❑ N/A 13. Sponsor has revised or will revise their airport layout plan (ALP) that reflects improvements made and has submitted or will submit an updated ALP to the FAA no later than 90 days from the period of performance end date. (49 USC § 47107 and Order 5100.38). n Yes n No n N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 04 day of May , 2023 Name of Sponsor: City of Waterloo, IA Name of Sponsor's Authorized Official: Keith Kspari Title of Sponsor's Authorized Official: Di Signature of Sponsor's Authorized Official: f Aviaj on declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-129 (8/20) SUPERSEDES PREVIOUS EDITION page 3 of 3 Page 237 of 530 lOil U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 `/ Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Drug -Free Workplace Airport Improvement Program Sponsor Certification Sponsor: City of Waterloo, IA Airport: Waterloo Regional Airport Project Number: 3-19-0094-056 Description of Work: Reconstruction of Taxiway A West from Runway 18-36 to Taxiway B Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug -free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). x❑ Yes ❑ No ❑ NIA 2. An ongoing drug -free awareness program (2 CFR § 182.215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. ❑x Yes ❑ No ❑ NIA FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 Page 238 of 530 3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182.210). p Yes ❑ No ❑ NIA 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. EYes No ❑N/A 5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). ❑x Yes ❑ No ❑ NIA 6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. ❑x Yes ❑ No ❑ NIA 7. A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). p Yes ❑ No ❑ NIA Site(s) of performance of work (2 CFR § 182.230): Location 1 Name of Location: Waterloo Regional Airport Address: 2790 Livingston Lane, Waterloo, lowa 50703 Location 2 (if applicable) Name of Location: Address: Location 3 (if applicable) Name of Location: Address: FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Page 239 of 530 Attach documentation clarifying any above item marked with a "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 04 day of May , 2023 Name of Sponsor: City of Waterloo, IA Name of Sponsor's Authorized Official: Keith Kaspari Title of Sponsor's Authorized Official: Direct of Aviati Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-130 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 Page 240 of 530 011 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 lr♦I Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Equipment and Construction Contracts Airport Improvement Sponsor Certification Sponsor: City of Waterloo, IA Airport: Waterloo Regional Airport Project Number: 3-19-0094-056 Description of Work: Reconstruction of Taxiway A West from Runway 18-36 to Taxiway B Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General procurement standards for equipment and construction contracts within Federal grant programs are described in 2 CFR §§ 200.317-200.326. Labor and Civil Rights Standards applicable to the AlP are established by the Department of Labor (www.doigov) AIP Grant Assurance C.1—General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders, policies, guidelines and requirements for assistance under the AIP. Sponsors may use state and local procedures provided the procurement conforms to these federal standards. This certification applies to all equipment and construction projects. Equipment projects may or may not employ laborers and mechanics that qualify the project as a "covered contract" under requirements established by the Department of Labor requirements. Sponsor shall provide appropriate responses to the certification statements that reflect the character of the project regardless of whether the contract is for a construction project or an equipment project. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A written code or standard of conduct is or will be in effect prior to commencement of the project that governs the performance of the sponsor's officers, employees, or agents in soliciting, awarding and administering procurement contracts (2 CFR § 200,318). Yes ❑ No ❑ NIA FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 4 Page 241 of 530 2. For all contracts, qualified and competent personnel are or will be engaged to perform contract administration, engineering supervision, construction inspection, and testing (Grant Assurance C.17). p Yes ❑ No ❑ NIA 3. Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file with the FAA have included or will include clauses required by Title VI of the Civil Rights Act and 49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts. x3Yes No ❑N/A 4. Sponsors required to have a DBE program on file with the FAA have implemented or will implement monitoring and enforcement measures that: a. Ensure work committed to Disadvantaged Business Enterprises at contract award is actually performed by the named DBEs (49 CFR § 26.37(b)); b. Include written certification that the sponsor has reviewed contract records and has monitored work sites for performance by DBE firms (49 CFR § 26.37(b)); and c. Provides for a running tally of payments made to DBE firms and a means for comparing actual attainments (i.e. payments) to original commitments (49 CFR § 26.37(c)). LIYes No ❑N/A 5. Sponsor procurement actions using the competitive sealed bid method (2 CFR § 200.320(c)). was or will be: a. Publicly advertised, allowing a sufficient response time to solicit an adequate number of interested contractors or vendors; b. Prepared to include a complete, adequate and realistic specification that defines the items or services in sufficient detail to allow prospective bidders to respond; c. Publicly opened at a time and place prescribed in the invitation for bids; and d. Prepared in a manner that result in a firm fixed price contract award to the lowest responsive and responsible bidder. i] Yes ❑ No ❑ NIA 6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR § 200.320(d)), Sponsor has requested or will request FAA approval prior to proceeding with a competitive proposal procurement by submitting to the FAA the following: a. Written justification that supports use of competitive proposal method in lieu of the preferred sealed bid procurement method; b. Plan for publicizing and soliciting an adequate number of qualified sources; and c. Listing of evaluation factors along with relative importance of the factors. ID Yes ❑ No ❑ NIA 7. For construction and equipment installation projects, the bid solicitation includes or will include the current federal wage rate schedule(s) for the appropriate type of work classifications (2 CFR Part 200, Appendix II). p Yes ❑ No ❑ NIA FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 4 Page 242 of 530 8. Concurrence was or will be obtained from the Federal Aviation Administration (FAA) prior to contract award under any of the following circumstances (Order 5100.38D): a. Only one qualified person/firm submits a responsive bid; b. Award is to be made to other than the lowest responsible bidder; and c. Life cycle costing is a factor in selecting the lowest responsive bidder. x❑ Yes ❑ No ❑ NIA 9. All construction and equipment installation contracts contain or will contain provisions for: a. Access to Records (§ 200.336) b. Buy American Preferences (Title 49 U.S.C. § 50101) c. Civil Rights - General Provisions and Title VI Assurances( 41 CFR part 60) d. Federal Fair Labor Standards (29 U.S.C. § 201, et seq) e. Occupational Safety and Health Act requirements (20 CFR part 1920) f. Seismic Safety — building construction (49 CFR part 41) g. State Energy Conservation Requirements - as applicable(2 CFR part 200, Appendix II) h. U.S. Trade Restriction (49 CFR part 30) i. Veterans Preference (49 USC § 47112(c)) p Yes ❑ No ❑ NIA 10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the provisions established by: a. Davis -Bacon and Related Acts (29 CFR part 5) b. Copeland "Anti -Kickback" Act (29 CFR parts 3 and 5) l] Yes ❑ No ❑ NIA 11. All construction and equipment installation contracts exceeding $3,000 contain or will contain a contract provision that discourages distracted driving (E.O. 13513). Yes ❑ No ❑ NIA 12. All contracts exceeding $10,000 contain or will contain the following provisions as applicable: a Construction and equipment installation projects -Applicable clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity; b. Construction and equipment installation - Contract Clause prohibiting segregated facilities in accordance with 41 CFR part 60-1.8; c. Requirement to maximize use of products containing recovered materials in accordance with 2 CFR § 200,322 and 40 CFR part 247; and d. Provisions that address termination for cause and termination for convenience (2 CFR Part 200, Appendix II). l] Yes ❑ No ❑ NIA FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 4 Page 243 of 530 13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e.g. checking the System for Award Management) that ensure contracts and subcontracts are not awarded to individuals or firms suspended, debarred, or excluded from participating in federally assisted projects (2 CFR parts 180 and 1200). p Yes ❑ No ❑ NIA 14. Contracts exceeding the simplified acquisition threshold (currently $250,000) include or will include provisions, as applicable, that address the following: a. Construction and equipment installation contracts - a bid guarantee of 5%, a performance bond of 100%, and a payment bond of 100% (2 CFR § 200.325); b. Construction and equipment installation contracts - requirements of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708, Sections 103 and 107); c. Restrictions on Lobbying and Influencing (2 CFR part 200, Appendix II); d. Conditions specifying administrative, contractual and legal remedies for instances where contractor of vendor violate or breach the terms and conditions of the contract (2 CFR §200, Appendix II); and e. All Contracts - Applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 7401-7671q), Section 508 of the Clean Water Act (33 USC 1251-1387, and Executive Order 11738. x❑Yes No ❑N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 04 day of May , 2023 Name of Sponsor: City of Waterloo, IA Name of Sponsor's Authorized Official: Ke h Kaspari Title of Sponsor's Authorized Official: Direct° Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-131 (8/20) SUPERSEDES PREVIOUS EDITION Page 4 of 4 Page 244 of 530 lU.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 id Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Project Plans and Specifications Airport Improvement Program Sponsor Certification Sponsor: City of Waterloo, IA Airport: Waterloo Regional Airport Project Number: 3-19-0094-056 Description of Work: Reconstruction of Taxiway A West from Runway 18-36 to Taxiway B Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Labor (www.dol.gov/). AIP Grant Assurance C.1---General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under AIP. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The plans and specifications were or will be prepared in accordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth in the advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly approved by the Federal Aviation Administration (FAA) (14 USC § 47105). ID Yes ❑ No ❑ NIA 2. Specifications incorporate or will incorporate a clear and accurate description of the technical requirement for the material or product that does not contain limiting or proprietary features that unduly restrict competition (2 CFR §200.319). p Yes ❑ No ❑ NIA FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 Page 245 of 530 3. The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA (14 USC § 47107). x❑Yes No ❑NIA 4. Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications (FAA Order 5100.38, par. 3-43). ❑x Yes ❑ No ❑ NIA 5. The specification does not use or will not use "brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100.38, Table U-5). El Yes ❑ No ❑ NIA 6. The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR §200.319(b) and FAA Order 5100.38, Table U-5). I] Yes ❑ No ❑ NIA 7. The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR §319(d)). ❑x Yes ❑ No ❑ NIA 8. Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)). ❑X Yes ❑ No ❑ NIA 9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 5100.38, par. 3-57). ▪ Yes ❑ No ❑ NIA 10. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). O Yes No ❑N/A 11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR § 41.120. (FAA Order 5100.38d, par. 3-92) ❑ Yes No LIN/A 12. The project specification include or will include process control and acceptance tests required for the project by as per the applicable standard: a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10. E1Yes ❑ No ❑ NIA FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Page 246 of 530 b. Snow Removal Equipment as contained in AC 15015220-20. ['Yes ❑ No ❑x NIA c. Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. ❑ Yes ❑ No ❑x NIA 13. For construction activities within or near aircraft operational areas(AOA): a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming to Advisory Circular 150/5370-2. b. Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100.38, Par. 5-29). ❑x Yes ❑ No ❑ NIA 14. The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1) and FAA Order 5100.38d, par. 3-100). ❑x Yes ❑ No ❑ NIA Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 04 day of May , 2023 . Name of Sponsor: City of Waterloo, IA Name of Sponsor's Authorized Official: Keith Kaspa Title of Sponsor's Authorized Official: Director Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-132 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 Page 247 of 530 N1 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 `/ Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Selection of Consultants Airport Improvement Program Sponsor Certification Sponsor: City of Waterloo, IA Airport: Waterloo Regional Airport Project Number: 3-19-0094-056 Description of Work: Reconstruction of Taxiway A West from Runway 18-36 to Taxiway B Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)). Yes ❑ No ❑ NIA 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.319). ❑x Yes ❑ No ❑ NIA 3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request -for - qualifications (RFQ) from competing for the advertised services (2 CFR § 200.319). ❑x Yes ❑No ❑N/A FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 3 Page 248 of 530 4. The advertisement describes or will describe specific project statements -of -work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319). ❑x Yes ❑ No ❑ NIA 5. Sponsor has publicized or will publicize a RFQ that: a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)). I] Yes ❑ No ❑ NIA 6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)). El Yes ❑ No ❑ NIA 7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR §180.300). ❑x Yes ❑ No ❑ NIA 8. A/E services covering multiple projects: Sponsor has agreed to or will agree to: a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 150/5100-14); and b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14). ❑x Yes ❑ No ❑ NIA 9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323). I] Yes ❑ No ❑ NIA 10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). p Yes ❑ No ❑ NIA 11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)). 0 Yes ❑ No ❑ NIA 12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II) 1 I Yes ❑ No ❑ NIA FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Page 249 of 530 13. For contracts that apply a time -and -material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish: a. Justification that there is no other suitable contract method for the services (2 CFR §200.318(j)); b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.318(j)); and c. A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.318(j)). ❑x Yes ❑ No ❑ NIA 14. Sponsor is not using or will not use the prohibited cost -plus -percentage -of -cost (CPPC) contract method. (2 CFR § 200.323(d)). p Yes ❑ No ❑ NIA Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification 1 certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this 04 day of May , 2023 Name of Sponsor: City of Waterloo, IA Name of Sponsor's Authorized Official: Keith KaN ari Title of Sponsor's Authorized Official: Director of A Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-134 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 3 Page 250 of 530 t7 U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 om/ Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification Sponsor: City of Waterloo, IA Airport: Waterloo Regional Airport Project Number: 3-19-0094-056 Description of Work: Reconstruction of Taxiway A West from Runway 18-36 to Taxiway 13 Application Title 2 CFR § 200.112 and § 1201.112 address Federal Aviation Administration (FAA) requirements for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy on conflict of interest. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: a) The employee, officer or agent, b) Any member of his immediate family, c) His or her partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes" represents sponsor or sub -recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial or unsolicited gifts are of nominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. Certification Statements 1. The sponsor or sub -recipient maintains a written standards of conduct governing conflict of interest and the performance of their employees engaged in the award and administration of contracts (2 CFR § 200.318(c)). To the extent permitted by state or local law or regulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by contractors or their agents. ❑x Yes ❑ No FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 2 Page 251 of 530 2. The sponsors or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub -agreements (2 CFR § 200.318(c)). I] Yes ❑ No 3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict of interest (2 CFR § 1200.112). D Yes ❑ No Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked "no" is correct and complete. Executed on this 04 day of May , 2023 Name of Sponsor: City of Waterloo, IA Name of Sponsor's Authorized Official: Keith Kaspari Title of Sponsor's Authorized Official: Director of Aviat on Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-135 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 2 Page 252 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department July 3, 2023 AGENDA ITEM TITLE Resolution approving award of the 2023 Equipment and Services RFP to ePlus Technology, Inc., of Herndon, Virginia, and authorizing the Mayor and City Clerk to execute necessary documents. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. ePlus Response - City of Waterloo Fiber Internet Network Equipment RFP 2. Waterloo - Letter of Recommendation for 2023 Equipment and Services Request for Proposal Page 253 of 530 City of Waterloo Fiber Internet Network Equipment and Services RFP June 1, 2023 Nick Perry Senior Account Executive 13595 Dulles Technology Drive, Herndon, VA 20171 Phone: 906-282-3372 Email: nick.perry@eplus.com Page 254 of 530 e June 1, 2023 City of Waterloo Thank you for offering ePlus Technology, inc. ("ePlus") the opportunity to respond to your RFP for Fiber Internet Network Equipment and Services. We have reviewed the City of Waterloo's stated goals and requirements contained in your RFP. We are confident that our solution provides a proven approach — combining appropriate practices, technology, and intellectual capital to meet and exceed your process improvement and cost savings objectives. The following response and attachments will clearly demonstrate how ePlus will assist you in achieving your goals. Our proposal contains all the supporting information you should need. ePlus is submitting its proposal on the understanding and with the expectation that the City of Waterloo and ePlus Technology, inc. will have the opportunity to work together to enter into a mutually acceptable contract for the products and services described in an agreed upon statement of work. The experience that ePlus will demonstrate throughout the process will highlight how our strengths and expertise can be applied to your organization to generate positive business results. We look forward to the opportunity in the very near future to personally present our solution. Thank you for your consideration. Sincerely, Z7dfrt Don McLaughlin Senior Vice President ePlus • 13595 Dulles Technology Drive• Herndon, VA 20171 • v: 703.984.8400 • f: 703.984.8600 • www.eplus.com Page 255 of 530 e' Fiber Internet Network Equipment and Services RFP Table of Contents Executive Summary 2 ePlus Company Information 3 Section 3 — Form & Content of Proposals 8 Exhibits: Exhibit A - Point by Point Response Exhibit B - Proposal Materials and Pricing Attachments: Attachment 1- Waterloo Fiber ISP Network Design Diagrams Attachment 2 — Datasheets Attachment 3 - CCI_SYSTEMS,_INC._Advanced_Service_Provider_Architecture_Specialized_5_30_2023 Attachment 4 - CCI_SYSTEMS,_INC._Master_Service_Provider_Technology_Specialized_5_30_2023 Attachment 5- Cisco Partner Program Auth Letter_ePlus_5.26.23 Attachment B.1 - Waterloo Fiber - Professional Services Proposal COPYRIGHT AND TRADEMARKS OneSource, OneSource Procurement, Content+, and Manage+ are the trademarks of ePlus. OneSource, Procurement, Content+, and Manage+ software products are copyrighted and all rights reserved by ePlus. The style and format of this proposal is copyrighted and all rights reserved by ePlus. All other company and product names are the trademarks or registered trademarks of their respective companies. © 2000 — 2022 ePlus 13595 Dulles Technology Drive Herndon, VA 20171 703.984.8400 All rights reserved. ePlus as a Reseller ePlus is fully committed to holding the discount structure contained in our bid response for the life of the contract but is subject to future potential manufacturer changes in overall pricing models to its resellers. ePlus would require the opportunity to amend its committed discount in order to maintain an equivalent level of margin to be able to continue the supply. ePlus will provide the documentation to support manufacturer modification that supports a change any pricing structure. It is possible that changes can also occur in other manufacturer terms such as changes in warranty terms that are outside of ePlus' control and we reserve the right to modify this schedule from time to time to accommodate these potential changes by providing written notice. If changes of this nature are not something for which you would consider an exception, ePlus would merely require the opportunity to vacate the particular award(s) effected by the manufacturer's changes which are outside of our control. PROPOSAL VALIDITY PERIOD This proposal is valid for ninety (90) days from the date of submission (June 1, 2023). Page 1 Page 256 of 530 e' Fiber Internet Network Equipment and Services RFP Executive Summary ePlus in partnership with Cisco, Calix, A10, NetScout, Efficient IP, Fortinet, & OpenGear is pleased to submit this response to Magellan and Waterloo Fiber. Our proposal includes all the necessary networking components to complete our "ISP Starter Kit". Along with all the awards and accreditations starting on Page 6, ePlus is one of six VAR's in the United States to hold a Cisco Master Specialization: Service Provider. This is a significant accreditation and shows our level of expertise with Cisco and more specifically in the Service Provider industry. Purpose and Promise As we have done with regional internet service providers throughout the United States, ePlus looks forward to providing one of the world's most advanced high-speed, resilient, and secure communications infrastructures. Our experience working with many regional service provider networks provides us a deep understanding of the unique blend of high-performance, security, cost containment, and operational simplicity requirements. ePlus is uniquely positioned to offer this high -scale solution that draws on years of industry experience in not only assisting other broadband operators, but also running our own previously owned broadband network (Astrea). Astrea's network includes fiber -to -the -home, cable access, IP transport, and data services throughout Wisconsin and the Upper Peninsula of Michigan. EPlus understands network needs from content acquisition to service delivery and all the necessary components in between to provide a resilient, scalable, and future -proofed network architecture that includes voice, video, data, and business services. By partnering with ePlus, any service provider can pull from this experience to plan and build out a network architecture with a long-term vision to support residents and businesses. Page 2 Page 257 of 530 e' Fiber Internet Network Equipment and Services RFP ePlus Company Information ePlus drives organizations forward with sustainable technology solutions and services that provide more depth, more breadth, and more perspective. We consult with customers to assess their technology and business needs and advise them on the most effective IT strategy and approach for their organization. We then design, implement, and optimize the cloud, security, data center, networking, collaboration, and emerging solutions to enable that strategy. We back those efforts with local support, long-term service, and flexible financing and consumption models, all with the end result of helping customers thrive in the digital economy and multi -cloud world, drive better business outcomes, and stay ahead of the innovation curve. ePlus Technology, inc. is a wholly -owned subsidiary of ePlus inc., which has more than 1,500 associates serving a diverse set of customers in the U.S., UK, Europe, and Asia-Pac. The Company is headquartered at 13595 Dulles Technology Drive, Herndon, VA, 20171, USA. For more information, visit www.eplus.com, call 888-482-1122, or email info@eplus.com. Financial Overview Founded in 1990, ePlus inc. (NASDAQ NGS: PLUS) is a public company with annual adjusted gross billings of $2.6B* and shareholders equity of $660.7M as of its most recent fiscal year ending March 31, 2022. Our full financial statements of quarterly and annual audited financials can be viewed at http://www.eplus.com/investors/financial- reporting/annual-reports or www.sec.gov. Locations National Headquarters ePlus Technology, inc. 13595 Dulles Technology Drive Herndon, VA 20171 Phone: 703-984-8400 Fax: 703-984-8600 www.eplus.com List of all ePlus Locations/Offices Partnerships and Expertise PLUS Nasdaq Listed Our customers benefit from our deep collaborative partnerships with leading technology providers, enabling us to create solutions that connect the dots between IT investments and business outcomes so technology means more, and does more, for them. ePlus maintains deep partnerships with top manufacturers, including Arista, AWS, Check Point, Cisco, Dell Technologies, F5, Fortinet, Gigamon, HP, HPE, Intel, Juniper Networks, Lenovo, Microsoft, NetApp, Nutanix, Nvidia, Palo Alto Networks, Pure Storage, Rubrik, Splunk, and VMware—many who look to us for their own technology needs. ePlus. Where Technology Means More.® Page 3 Page 258 of 530 e' ePlus Awards and Accreditations Awards 2022 Fiber Internet Network Equipment and Services RFP Cisco Social Impact Partner of the Year Award for the Americas CRN° 2022 Solution Provider 500 CRN° 2022 Managed Service Provider (MSP) 500 Elite 150 CRN° 2022 Tech Elite 250 Dell Technologies North America Channel Services Delivery Excellence Partner of the Year Dell Technologies Server Excellence Partner of the Year Gigamon Americas Partner of the Year Juniper 2022 Icon Award Pure Storage Customer Advocacy Partner of the Year 2021 Cisco Social Impact Partner of the Year Award for the Americas CRN° 2021 Solution Provider 500 list CRN° 2021 Managed Service Provider (MSP) 500 Elite 150 CRN° 2021 Tech Elite 250 Comparably 2021: Best Sales Team, Best Places to Work in Greater Washington DC Area, Best CEO for Women 2020 CRN° 2020 Solution Provider 500 list CRN° 2020 Managed Service Provider (MSP) 500 Elite 150 CRN° Tech Elite 250 Checkpoint Americas Cloud Partner of the Year Cisco Americas Technology Excellence Partner of the Year: Data Center Cisco Software Partner of the Year, East Region Cisco Commercial Partner of the Year, East Region Comparably 2020: • Best CEO • Best Work -Life Balance • Best CEO for Women Equinix Americas New Partner of the Year Juniper Networks Americas National Partner of the Year Juniper Networks Security Partner of the Year NetApp Public Sector Innovation Award NetApp Cloud First Partner of the Year NetAppFlash Growth Partner of the Year Vertiv 2020 SLED Partner of the Year Elaine Marion, Public Company CFO of the Year • 2020 Greater Washington Technology CFO Awards by NVTC Accreditations AICPA SSAE Type 2 SOC 1 OneSource Family of Software Products AICPA SSAE Type 2 SOC 1 Managed Services Center 2022 Partner of the Year Awards ouuo7,m�gi�, I HECHANNELCOE CRN. TECH ELITE 250 2022 I I THECNANNELCO.. THECHANNELCO. CRN. CRN. SOLUTION PROVIDER 500 2022 Cisco I'ar.ner xinrr to G, Award Winncr9 R ",% Best:reams CFI 6RFdIFR WRfHIN610N ROHN0106,1 AWARDS Page 4 Page 259 of 530 e' AICPA SSAE Type 2 SOC 1 AICPA SSAE Type 2 SOC 2 HIPAA and HITECH IS09001 QMS PCI DSS Fiber Internet Network Equipment and Services RFP Service Desk Cloud Hosted Services Cloud Hosted Services Warehouse Operations Managed Services Center Advanced Authorizations and Staff Certifications Strategic alliances with the industry's leading manufacturers keep ePlus engineers and sales professionals at the forefront of technology, enabling them to deliver industry -leading solutions to our clients. With an extensive roster of staff certifications, we also hold the following partnership designations: Amazon Web Services + Advanced Consulting Partner + Public Sector Partner + Solution Provider Partner + Immersion Day Partner + AWS Marketplace CPPO Partner + Storage Competency + Windows on EC2 Delivery Partner Check Point + 4 Star Partner + ASCP(EMS) Certified + Harmony Specialization Cisco: Gold Level Partner aws Dell Technologies: Titanium CheckTWARE �Point Master Specializations + Master Data Center and Hybrid Cloud Specialization + Master Collaboration Specialization + Master Networking Specialization + Master Security Specialization Advanced Specializations + Advanced Collaboration Architecture Specialization + Advanced Customer Experience Specialization + Advanced Data Center Architecture Specialization + Advanced Unified Contact Center Enterprise Specialization + Advanced SP Architecture Specialization + Advanced Security Architecture Specialization + Cisco Webex Calling with Calling Plan + Cisco Hyperflex Specialization + Cisco IoT Specialization + Cisco Webex Contact Center Specialization cISCo Partner Gold Certified Solution Provider D4 .LTechno]ogic; Portfolio and Solution Competencies: + Core Client + Server + Storage + Networking + Data Protection Fortinet F::ERTII1ET Expert Partner Level + SD -WAN Specialization + Cloud Business Model Certified + Integration Business Model Certified HP Inc. Amplify Partner Program Power Partner Hewlett Packard Enterprise Platinum Level Partner AI.'PLIFY Hybrid IT (Server/Storage) + HPE Partner Ready: Solution Provider — Platinum Partner + HPE Partner Ready: Services Partner — Gold Edge (Aruba/Networking) + HPE Partner Ready for Networking: Solution Provider — Platinum Partner + Silver Peak Partner Edge Program: Platinum Partner Intel + Intel Partner Alliance Program: Titanium Partner $OC Page 5 Page 260 of 530 e+ Juniper Networks Elite Partner Microsoft Gold Level Partner + Cloud Solutions Provider + Gold Application Integration + Gold Data Center + Gold Cloud Platform + Gold Cloud Productivity + Gold Windows and Devices NetApp Solution Specializations + FlexPod Specialized Implementation Services Certified + E-Series + HCI + ONTAP JuniPpc iiMicrosoft ff NetApp Star Partner Integration Services Certified + E-Series + ONTAP + ONTAP SAN NetApp Keystone Sell -with Professional Services Certified + ONTAP SAN Support Services Certified Additional Key Vendors Fiber Internet Network Equipment and Services RFP NUTANIX Pioneer Level Partner NVIDIA Accelerated Partner Palo Alto NUTANI MIDI& paloalto® Diamond Innovator Partner Level SASE Specialization Partner Pure Storage Elite Partner Service Delivery Partner (Managed Service Provider) VMware Ci PURESTORAGE vmwara Principal Partner + Data Center Master Services Competency + Networking Master Services Competency + VMware Cloud on AWS Master Services Competency + Data Center Virtualization Transform Networking and Security + Empower Digital Workspace Cloud Management and Automation + Cloud Provider + Cloud Native ARISTA COMMVAULT CROWDSTRIKE /wnetsl<ope NUTANI.•• . okta Gigamon' Lenovo proofpoint Qumulo splunk> :tenable T HALES vARonis veeAm Page F Page 261 of 530 e' The ePlus Difference Fiber Internet Network Equipment and Services RFP ePlus goes above and beyond to deliver the insightful strategies and innovative solutions our customers need to elevate their business. We bring deep expertise that spans the entire IT lifecycle and every critical discipline along with an unwavering commitment to the customer experience, enabling organizations to navigate challenging situations and achieve consistent results, faster. Positioned squarely at the forefront of today's most transformative technologies, ePlus helps organizations imagine, implement, and achieve more from technology. CLOUD - Create customized roadmaps, then design, implement, service, and support organizations on their journey to adopt private, hybrid, and public cloud services. ePlus helps customers address today's multi -cloud requirements surrounding security, compliance, cost optimization, visibility, and connectivity by helping them build and manage a cloud -enabled enterprise foundation. Cap SECURITY - Deliver custom cybersecurity programs built upon strong culture and integrated technology, aimed at defining and mitigating business risk, identifying business challenges and creating safer environments to achieve positive business outcomes. gDATA CENTER — Design and support all data center needs, including compute, virtualization, hyper converged, storage, and back up and disaster recovery solutions. VNETWORKING - Fully support automation and modernization of the network by optimizing access, connectivity, and security across on -premise, cloud, and hybrid environments, including multi- cloud/SDN, mobility/wireless, SD -WAN, and service provider networking. COLLABORATION — Foster effective communication —within internal teams and with customers — through voice and video calling, real-time messaging and meetings, video conferencing, and contact center solutions deployed on -premise or in the cloud. SA, SERVICES - Apply a unique outcomes -focused perspective to help organizations strategize for more agility, architect for better outcomes, accelerate for faster ROI, and optimize for greater resiliency —guiding them to a more modern, secure digital business. MI I FINANCING AND CONSUMPTION MODELS - Enable technology acquisitions with cost predictability and contract flexibility. Accelerate transformations by aligning costs with demand using custom consumption programs. Page 7 Page 262 of 530 e' Fiber Internet Network Equipment and Services RFP Section 3 — Form & Content of Proposals 3.2 Submission of Proposals The Seller shall submit an electronic copy of their proposal on a flash drive that includes: • an executive summary of the Proposed Solution. ePlus Response — Acknowledged & comply. Please see the executive summary section of this response. a diagram of the Proposed Solution showing the components, connectivity, and link speeds ePlus Response — Please see Attachment 1 - Waterloo Fiber-ISP Network Design Diagrams. proposed rack elevations showing equipment power connections and breaker requirements ePlus Response - Please see Attachment 1 - Waterloo Fiber-ISP Network Design Diagrams. a completed copy of Exhibit A - Point by Point Response ePlus Response - Acknowledged & comply. Please see the completed Exhibit A. a completed copy of Exhibit B — Proposal Materials and Pricing ePlus Response - Acknowledged & comply. Please see the completed Exhibit B and supporting Attachment B.1 - Waterloo Fiber - Professional Services Proposal. any other pertinent documentation such as data sheets, diagrams, and training catalogs. ePlus Response — Please see Attachment 2 — Datasheets. references and contact information ePlus Response - See below customer references. A digital copy of the proposal shall be included with the submission in the most appropriate format of each item including MS Word, MS Excel, MS Visio, and/or Adobe Acrobat formats. All Exhibits required in the submission shall be completed and submitted in the format they were provided in the RFP. Sellers are required to submit electronic copies on a flash drive. Sellers submitting incomplete or materially deficient proposals may be disqualified. ePlus Response — Acknowledge & Comply. 3.3 References and Contact Information The Owner requires sufficient corporate, financial, and reference information to adequately assess the qualifications of the Seller to sell, install, and support the Proposed Solution. The reference information will be used by the Owner to differentiate between Sellers with similar Proposed Solutions, and shall be provided in a separate document including the following information: Corporate Information The Seller shall provide an overview of their corporate structure. The overview should address the following specific items: • Name, address, and contact information of the Company and representative. ePlus Response — Nick Perry Senior Account Executive 13595 Dulles Technology Drive, Herndon, VA 20171 Phone: 906-282-3372 Page 8 Page 263 of 530 e' Fiber Internet Network Equipment and Services RFP Email: nick.perry@eplus.com • Company History and Formation ePlus Response — Please see the ePlus Company Information section of this response. Ownership (Public or Privately Held) ePlus Response — Founded in 1990, ePlus inc. (NASDAQ NGS: PLUS) is a publicly traded company. Number of Employees ePlus Response —1500+ employees. Organizational chart of the management and implementation teams for the project ePlus Response - Organization Chart C, O download help Jason Maki Leon Mathew Sr Solutions Sr Frotesslonal Architect Svcs Mpr O —® Randy Rooney PracDce Director 0 Benjamin Bartsch se r onsultam Casey Halm., SrEngineer - E%MPT Chrls Oelke SrEnglneer- EXMPT Christopher Wilkins Lead Terrhniral Curtis Frame Engmeer Curt Wanner. SrEngineer - EXMPT George Pornd Engineer Jackie Politowi, S1 Project Manager l Q. Search... 111111 urrurrur 1111111111111 rrr 111111111111 Jeremyardrey Sr Consultant Bent Schroeder Engineer A detailed history of all mergers or acquisitions (if applicable). ePlus Response - CCI Systems business unit NSG was acquired by ePlus on May 15t, 2023. Press release link below- https://eplus.com/about-us/press-releases/details/2023/05/01/eplus-acquires-cci-systems-network- solutions-group Seller's financial condition and supporting documentation (ie. audited annual reports, etc.) ePlus Response — ePlus has an annual adjusted gross billings of $2.6B* and shareholders equity of $660.7M as of its most recent fiscal year ending March 31, 2022. Our full financial statements of quarterly and annual audited financials can be viewed at http://www.eplus.com/investors/financial- reporting/annual-reports or www.sec.gov. Implementation Experience WF will operate in a competitive marketplace with experienced incumbent CSP's, therefore the Seller's experience implementing and supporting CSP networks will be crucial to the successful launch and ongoing operation of WF. To this end, the Seller shall provide a brief summary of their experience implementing and supporting carrier -class networks for CSP customers. The summary should address the following specific experience: Implementations of municipal and/or commercial CSP networks Implementations of similar network architectures List of certifications relative to the Proposed Solution held by the implementation team Page 9 Page 264 of 530 e' Fiber Internet Network Equipment and Services RFP List of partner certifications relative to the Proposed Solution held by the Seller ePlus Response - ePlus and previously CCI Systems business unit NSG has procured, implemented, and deployed many service provider networks in the US over the last 5 years. We have experience with traditional telcos, long -haul transport networks, utilities and municipalities, all in the state of Iowa. Customers like CFU, ImOn, City of Pella, City of Decorah, and Indianola MU are a few examples. We currently hold Cisco Master Specialization: Service Provider and were awarded A10's Partner of the Year along with Top Performing Technical Rep of the year. CCI Systems was awarded Calix Partner of the Year in 2021. The rest of the list of certifications/authorizations is listed above in this document. Sellers with specialization in the proposed equipment manufacturers' service provider architecture are preferred. Copies of formal manufacturer -conferred certifications including the certification name, description, requirements, and date of award/renewal should be provided in the Seller's response. ePlus Response — Please see: Attachment 3 CCI_SYSTEMS,_INC._Advanced_Service_Provider_Architecture_Specialized_5_30_2023, Attachment 4 - CCI_SYSTEMS,_INC._Master_Service_Provider_Technology_Specialized_5_30_2023, & Attachment 5- Cisco Partner Program Auth Letter_ePlus_5.26.23. The Seller shall submit a list of three (3) CSP references who have deployed similar architectures within the last five (5) years. The reference information shall include the company name with dates of implementation along with the name, address, and phone number of the individual(s) that may be contacted at the company. Seller shall omit all homogenous enterprise IT deployments (i.e., private corporate -centric networks) from their response and references. ePlus Response - Chris Pinkerton 573-380-6421 VP of Network Engineering Vexus Fiber 1/1/22-ongoing. We have completed 10 new network turnups with 4+ left to complete. Each network turnup was set up to operate as its own SP. Tracy Carollo 573-368-1123 CTO Ozark Fiber 3/23/23-ongoing. This project is near completion and should be completed by June 5tn Bob Winsel 573-822-1999 COO Rails Technologies 1/1/2019- 7/1/2022 We have helped turn up their entire network since inception. 3.4 Payment Methods 3.4.1 Termination, Litigation, Debarment. The Seller must provide the following information for the past five (5) years ePlus Response — None. 3.4.2 Has the Seller had a contract for goods and/or services terminated for any reason? If so, provide full details regarding the termination. ePlus Response — No. Page 10 Page 265 of 530 e' Fiber Internet Network Equipment and Services RFP 3.4.3 Describe any damages or penalties assessed against or dispute resolution settlements entered into by Seller under any existing or past contracts for goods and/or services. Provide full details regarding the circumstances, including dollar amount of damages, penalties and settlement payments. ePlus Response — None. 3.4.4 Describe any order, judgment or decree of any Federal or State authority barring, suspending or otherwise limiting the right of the Seller to engage in any business, practice or activity. ePlus Response — None. 3.4.5 A list and summary of all litigation or threatened litigation, administrative or regulatory proceedings, or similar matters to which the Seller or its officers have been a party. ePlus Response - Information about pending litigation is confidential and highly sensitive. ePlus maintains a combination of commercial, captive and insurance vehicles that we believe is adequate to satisfy any likely judgment or settlement. We do not believe any litigation that may be pending against ePlus will materially affect our ability to effectively perform the services contemplated by your request for proposal. 3.4.6 Any irregularities discovered in any of the accounts maintained by the Seller on behalf of others. Describe the circumstances and disposition of the irregularities. ePlus Response — None. 3.4.7 Failure to disclose these matters may result in rejection of the Proposal or termination of any subsequent Contract. The above disclosures are a continuing requirement of the Seller. Seller shall provide written notification to the Owner of any such matter commencing or occurring after submission of a Proposal, and with respect to the successful Seller, following execution of the Contract. ePlus Response — Acknowledged. 3.4.8 Seller agrees to submit monthly invoices and accept payment in the form of check or ACH. ePlus Response — Acknowledged. 3.5 Acceptance of Terms and Conditions By submitting a Proposal, Seller acknowledges its acceptance of the terms and conditions of the RFP and the General Terms and Conditions without change except as otherwise expressly stated in its Proposal. If the Seller takes exception to a provision, it must identify it by page and section number, state the reason for the exception, and set forth in its Proposal the specific RFP or General Terms and Conditions language it proposes to include in place of the provision. If Seller's exceptions or responses materially alter the RFP, or if the Seller submits its own terms and conditions or otherwise fails to follow the process described herein, the Owner may reject the Proposal, in its sole discretion. ePlus Response — Seller agrees in principle with many of the terms and conditions contained in the RFP terms and conditions. ePlus is submitting its response on the understanding and with the expectation that the Owner and ePlus will have the opportunity to work together to create a mutually acceptable contract, supplementing the terms and conditions in the RFP as appropriate. Specifically, ePlus' capacity in this bid is solely as a reseller and we are required to pass through certain terms and conditions from the manufacturer as well as any software / end user licenses. ePlus also takes exception to the following: § 7.4 Termination and Adjustment. Add the following language to the end of the paragraph: Notwithstanding the foregoing, Owner shall pay Seller the purchase price for all non -cancellable orders for equipment, software, support and other products that Seller placed prior to termination. For any Page 11 Page 266 of 530 e' Fiber Internet Network Equipment and Services RFP cancellable orders for equipment, software, support and other products, the Owner shall reimburse Seller for any cancellation fees incurred by Seller. 3.6 Firm Proposal Terms The Seller shall guarantee in writing the goods and/or services offered in the Proposal are currently available and that all Proposal terms, including price, will remain firm for the number days indicated on the RFP cover sheet 90 days following the deadline for submitting Proposals. ePlus Response — Acknowledged. Not all goods and/or services offered in the Proposal are currently available. Lead times for the goods and/or services offered are provided in Exhibit B. 3.7 Proposal Shall Include Only Generally Available Equipment and Software ePlus Response — Compliant. a. All Seller supplied programs and software must be field operational before the date the proposal is submitted. ePlus Response — Acknowledged. b) Demonstrations must utilize the proposed equipment, programs or software precisely as proposed. ePlus Response — Acknowledged. c) Unless otherwise specified in the specifications, all items on which a Seller submits a proposal must be new, of the latest model or manufacture, and be at least equal in quality to that specified in the bidding documents. ePlus Response — Compliant. 3.8 Seller Required to Identify Patented Items, and Copyrighted Text, Information, Data, or Software Included in Its Proposal; Seller Required to Include with Its Proposal any Licenses that Owner Will be Expected to Execute. ePlus Response — Compliant. All Patented Items, and Copyright Text, Information, Data or Software are identified and described in Attachment 2 — Datasheets. Sellers shall identify any patented equipment, processes, materials, or hardware, or any copyrighted text, information, data, or software that it proposes to supply as part of the goods or services it is required to provide under the RFP. Every Seller shall likewise identify the licensing agent for the patented or copyrighted items, and shall provide with its proposal a copy of any licensing or user agreement that the Owner will be expected to execute for the use of patented equipment, processes, materials, or hardware, or copyrighted text, information, data, or software included in a proposal, as well as the anticipated cost to the Owner, if any, for use under a license or agreement. The Seller to whom the contract is awarded warrants that the intellectual property rights of third parties (e.g. copyright, trademark, or patent) will not be violated by the Seller's or the Owner's use of any equipment, process or service provided in response to the RFP. ePlus Response - Acknowledged. Notwithstanding anything to the contrary, as Seller has no control over the manufacturing of the equipment/products ("Products") sold herein, it cannot and does not indemnify the Owner for claims arising out of Products, including, but not limited to, claims by third parties that Products infringe any patent, copyright, trademark or trade secret. Seller shall pass through any rights to indemnification that it receives from the manufacturer to the Owner. Page 12 Page 267 of 530 Fiber Internet Network Equipment and Services RFP Non-GAAP Financial Information Year Ended March 31, 1TM Ended June 30, Technologysegment net sales [1] Costs incurred related to sales of third -party maintenance, software assurance and subscirption/SaaS licenses, and servi Adjusted gross billings 2022 2021 2020 2019 2018 2022 2021 $ 1,733,036 $ 1,507,954 $ 1,530,138 $ 1,329,520 $ 1,372,765 $ 1,781,463 $ 1,567,088 887,578 755,911 697,747 589,475 526,920 908,087 783,390 $ 2,620,614 $ 2,263,865 $ 2,227,885 $ 1,918,995 $ 1,899,685 $ 2,689,550 $ 2,350,478 Net earnings Provision for income taxes Depreciation and amortization [2] Share based compensation Acquisition and integration expense Interest and financing costs [3] Other(income) expense [4] Adjusted EBITDA Adjusted EBITDA margin $ 105,600 $ 74,397 $ 69,082 $ 63,192 $ 55,122 $ 104,421 $ 80,555 41,284 32,509 26,877 23,038 28,769 40,918 33,831 14,646 13,951 14,156 11,824 9,921 13,930 14,361 7,114 7,167 7,954 7,244 6,464 7,152 6,995 - 271 1,676 1,813 2,150 - 242 928 521 294 - - 907 415 432 (571) (680) (6,696) 348 2,708 (596) $ 170,004 $ 128,245 $ 119,359 $ 100,415 $ 102,774 $ 170,036 $ 135,803 9.3% 8.2% 7.5% 7.3% 7.2% 9.1% 8.3% [1] Amounts for fiscal year209 have been adjusted to reflect the adoption of Accounting Standards Codification Topic 606, Revenue from Contracts with Customers. [2] Amount excludes depreciation related to the financing segment. [3] Amount excludes interest on notes payable from our financing segment. [4] Other income, interest income, and foreign currencytransaction gains and losses. Page 1? Page 268 of 530 Magellan An ENTRUST Solutions Group Company Project Title: City of Waterloo 2023 Equipment and Services Request for Proposal Memo Title: Recommendation for Award of Proposal On May 4, 2023, the City of Waterloo solicited notice for proposals from qualified value-added resellers to provide network hardware, software, and installation services to implement the Waterloo Fiber Communication Service Provider network. The objective was to contract with qualified and experienced firm(s) to supply, configure, install, and test the necessary components to create the high-speed FTTP (Fiber -to -the- Premise) XGS-PON (10 Gigabit Symmetrical -Passive Optical Network) communications Network (the Project) within the City's defined Service Area and prepare it to deliver fiber -to -the -user services. Two Proposals were received and opened on June 1, 2023, from: 1. KGPCo 2. ePlus Technology Inc. After careful review and evaluation by the Magellan/ENTrust Team, Magellan/ENTrust recommends an award of the proposal from ePlus Technology Inc., as the highest evaluated and most qualified firm. Based on their Proposal and experience ePlus Technology Inc. is the most qualified firm to undertake the Waterloo Fiber Communication Service Provider network implementation in support of the needs of the City of Waterloo. Items of Consideration: ePlus Technology Inc.'s network services group (formerly CCI Systems) has procured, implemented, and deployed many services provider networks in the US over the last 5 years. They have experience with traditional telcos, long -haul transport networks, and utilities and municipalities in the state of Iowa including Cedar Falls Utilities, ImOn, Pella Fiber, the City of Decorah, and Indianola Municipal Utility Fiber as examples. www.MAGELLANBROADBAND.com 1 Page 269 of 530 Magellan -41*-- An ENTRUST Solutions Group Company Magellan/ENTrust has previous first-hand experience with ePlus Technology Inc.'s network services group (formerly CCI Systems) in past municipal network implementation projects. They have proven themselves very capable of deploying complex FTTP networks on time and within budget. Attachment A: ePlus Response - City of Waterloo Fiber Internet Network Equipment RFP If you have any further questions or need more information, please contact us. Thank you for your attention to this matter. www.MAGELLANBROADBAND.com 2 Page 270 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Finance Department July 3, 2023 AGENDA ITEM TITLE Resolution approving the request to seek proposals for a comprehensive downtown parking study. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Parking Study RFP 07 2023 2. Attachment A - Parking Study 2008 Page 271 of 530 City of Waterloo Request for Proposal Consultant Services —Comprehensive Downtown Parking Study CITY OF tJ t4TERLOO IOWA Community of Opportunity RFP Deadline: August 7, 2023 at 4:00 PM Page 272 of 530 Overview The City of Waterloo, Iowa, seeks the services of firms or individuals engaged in professional parking and transportation consulting and/or management to undertake a comprehensive downtown parking study. The study will include: • A parking system that contributes to a positive image of the City; • A full review of existing conditions including an inventory of available spaces (municipality -owned areas for on -street and off-street parking), inventory of meters, and meter conditions; • Demand for and the supply of parking to include both on -street and off-street parking; • Outreach to stakeholders and the public including credible information that can be communicated to the public and stakeholders after outreach has happened; • Data collection and analysis including length of stay and survey creation for parking experience; • A realistic plan for more effective use of parking and better management of the downtown parking system by reviewing the City's current management approach and making recommendations for improvements as well as suggested strategies for managing parking in the future with consideration of nearby municipal policies; • A parking system that supports livability and economic development in Downtown, including provisions for bicycle parking; • Review of the City's fee structure to determine appropriateness for market with recommendations on fees for parking and citations; • A parking system that deploys the latest technology to improve the user experience while sustaining realistic revenue goals (i.e. credit card and phone payment systems, etc.); Background The City of Waterloo, Iowa, is considering changing parking rates and removing the legacy meters and installing multi -space meters and other payment options. The current parking meters are APM-E single space and APM-2x double space purchased in 2009. The meters are past their end of life and many of them are no longer supported by the manufacturer. None of the meters accept credit cards or bills as a form of payment. The meters do malfunction regularly and require constant maintenance to keep operational. Meter rates have not been increased since 2010. The ticket citation rate is $10 for an expired meter. Main Street Waterloo created a parking taskforce and asked the City to consider the feasibility of allowing 2 hours of free on -street parking and a fee of $4 per hour after 2 hours. The City seeks an analysis of the parking system fee structure, current inventory of on -street and off-street parking, and utilization of parking including length of stay during hours of enforcement. RFP — Parking Study — City of Waterloo Page 2 of 10 Page 273 of 530 Current parking information for parking ramps, parking meters, parking lots, and parking rates can be found here: https://www.cityofwaterlooiowa.com/government/city clerks/parking enforcement.php There was a parking study completed in April 2021 by University of Iowa students and one in 2008. We are seeking a new study to be completed as COVID-19 could have play a role in skewed results from the one completed in 2021. These studies can be found at: 2021 - https://iisc.uiowa.edu/projects/downtown-waterloo-parking-study and 2008 — Attachment A. Project Study Area The paid parking areas in downtown Waterloo are as follows: • 4th Street Between Washington St. and Mulberry St. • 3rd St. between Washington St. and Lafayette St. • W 2nd St. 200 block • The Old Courier Parking Lot located at the corner of W 4th St and Commercial St • The 500 and 600 blocks of Mulberry St. • The 500 and 600 blocks of Lafayette St. • The 500 and 600 blocks of Sycamore St. • The Library parking lot located at the corner of Commercial St. and W 3rd St. • Parking Ramps located at: o E Park Ave. Ramp on E Park Ave. between Sycamore St. and Mulberry St. o Courier Ramp between the Cedar River and Sycamore St. o Commercial St. Ramp between Cedar St. and Commercial St. on the corner of W 5th St. • Commercial St. between W 6th St. to W 3rd St. • E 5th St., Washington St., and Mulberry St. • Jefferson St. between W 6th St. and Highway 63 Collaborative Partners The City of Waterloo, Iowa, and Main Street Waterloo have been working together to improve Downtown parking in Waterloo. This has included creating a task force for input from many of the businesses downtown as well as Experience Waterloo. Scope of Services A final scope of work will be developed by the City and the selected consultant (t"e "Consultant"). The items outlined below are the City's minimum expectations. • Project Coordination: The Consultant shall coordinate with the Finance Department regarding schedule of the study. RFP — Parking Study — City of Waterloo Page 3 of 10 Page 274 of 530 • Existing Conditions: The Consultant shall complete a comprehensive review and analysis of the parking system including location, type, rates, hours of operation, use restrictions and adequacy of public parking availability. Create a data collection plan to gather field observations and assist in data collection. The Consultant will also create an inventory of the current parking availability and meter conditions. The Consultant shall provide occupancy and turnover data. • Community Outreach: The Consultant shall facilitate one community meeting and one stakeholder meeting that is targeted to downtown businesses. The Consultant shall also develop and conduct a community survey on the downtown parking system. The City is open to additional strategies and approaches to enhance community engagement at the recommendation of the Consultant. The community survey would also be available to the City for future parking survey purposes. • Identify and Evaluate Parking Recommendations: The Consultant shall review anticipated development and transportation infrastructure changes. They shall evaluate the appropriateness and adequacy of the parking supply, zone structure, and pricing strategy for the next 5-10 years. The Consultant shall make recommendations for land use/zoning parking standards as well as pricing structure strategies for the downtown parking. Evaluate and recommend a parking wayfinding system. • Implementation Plan and Budget: Develop an implementation matrix which outlines recommended actions, estimated time frames, costs and responsible parties. Specifically identify and highlight those actions considered `quick fixes' and 'easy wins.' This implementation plan shall have pros and cons analysis for short, medium, and long-term implementation timeframes. Where capital investments are part of the recommendation, those investment costs should be included. • Report: The Consultant shall prepare a draft report for review prior to finalizing the report. • Presentation to Governing Board: The Consultant shall prepare and present the final report to the City Council upon completion. Deliverables The Consultant shall collect data and present it in a graphical and spreadsheet format. A map/inventory of downtown parking shall be developed with GIS shapefiles to ArcGIS standards illustrating current parking spaces in the study area including location of handicap spaces, drop-off/loading spaces, 15-minute Grab-N-Go spaces, public vs. private status and time regulations of public parking spaces. The survey of utilization and use patterns shall be tabulated and illustrated with graphics. Consultant shall develop a Comprehensive Parking Study report, summarizing study findings and recommendations. The Consultant will provide two (2) copies of the final report -- one unbound hard copy and one digital copy in a commonly accessible format. All work products associated with the project, preliminary or final, paper and/or electronic format, shall be the property of the City of Waterloo, Iowa. RFP — Parking Study — City of Waterloo Page 4 of 10 Page 275 of 530 Instructions to Proposers 1. Pre -Proposal Conference: None 2. Examination of Proposal Documents a. The submission of a proposal shall be deemed a representation and certification by the Proposer that they: i. Have carefully read and fully understand the information that was provided by the City to serve as the basis for the submission of this proposal. ii. Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted. iii. Represent that all information contained in the proposal is true and correct. iv. Did not, in any way, collude, conspire, or agree, directly or indirectly with any person, firm, corporation or other Proposer in regard to the amount, terms or conditions of this proposal. v. Acknowledge that the City has the right to make any inquire it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the City permission to make these inquiries, and provide any and all related documentation in a timely manner. 3. No request for modification of the proposal shall be considered after its submission on grounds that Proposer was not fully informed of any fact or condition. 4. Any questions by the Proposer regarding this RFP must be put into writing and received by the City no later than 5:00 PM on July 24, 2023. Correspondence shall be addressed to: Bridgett Wood Bridgett.Wood@Waterloo-IA.org The City shall not be responsible for nor be bound by an oral instructions, interpretations, or explanations issued by the City or its representatives. Responses from the City to questions by any Proposer will be communicated in writing to all recipients of this RFP. Questions received after the date and time stated above will not be accepted or responded. RFP — Parking Study — City of Waterloo Page 5 of 10 Page 276 of 530 5. Any addenda issued by the City shall be in writing, shall become a part of this RFP, and shall be acknowledged and responded to by Proposer. 6. Proposals should be submitted in electronic format. Printed copies are optional. All proposals shall be submitted to: Bridgett Wood City of Waterloo 715 Mulberry St Waterloo, IA 50703 Email: Bridgett.Wood@Waterloo-IA.org Proposals must be delivered no later than 2:00 PM on August 7, 2023. All proposals received after that time will not be accepted. The Proposer shall submit its proposal via email as a PDF attachment with the email subject line: Comprehensive Downtown Parking Study. Verification of receipt of proposal is the responsibility of the submitting firm or individual. 7. A Proposer may withdraw its proposal at any time before the expiration of the time for submittal of proposals as provided in the RFP by delivering a written request for withdrawal signed by, or on behalf of, the Proposer. Rights of the City of Waterloo, Iowa This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submittal of proposals or in anticipation of a contract. The City reserves the right to: • Make the selection based on its sole discretion; • Seek clarification on any proposal submitted; • Select the consultant that is best able to address the project purpose; • Reject any and all proposals; • Issue subsequent Requests for Proposals; • Postpone opening proposals for its own convenience; • Remedy errors in the Request for Proposals process; • Approve or disapprove the use of a particular sub -consultants; • Negotiate with any, all or none of the Proposers regarding project scope; • Accept other than the lowest cost offer; • Waive informalities and irregularities in the Proposals if such waiver does not substantially change the Proposal or provide a competitive advantage to any Proposer; and/or RFP — Parking Study — City of Waterloo Page 6 of 10 Page 277 of 530 • Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City. An agreement shall not be binding or valid with the City unless and until it is approved by the City Council and executed by the authorized representatives of the City and of the Proposer. RFP Timeline The City intends to select a firm or individual within 30 days following the submission deadline. The City may, at its own discretion, conduct interviews and other evaluations of some, all, or none of the applicants prior to selection. The City will select the firm that best meets the needs of the City. RFP and Implementation Schedule (Tentative): Council Approval for Sending the Request for Proposal July 3, 2023 Public Release of Request for Proposal July 5, 2023 Questions from Proposer July 24, 2023 by 5:00 PM Deadline for Proposal Submittals August 7, 2023 by 2:00 PM Interview (if required) August 8-16, 2023 Selection of Firm with Council Approval August 21, 2023 Notification of Selection August 22, 2023 Final Products Due to City February 7, 2024 Presentation to City Council February 19, 2024 Recommendations from Parking Task Force for Implementation March 4, 2024 Information to be Submitted These guidelines govern the format and content of the proposal. The intent of the RFP is to encourage responses that clearly communicate the Proposer's understanding of the City's requirements and the firm's ability to meet those requirements. In addition to the items included within this RFP, the proposal should include the following information reference by letter for ease of identification: A. Details of the firm or individual's experience and qualifications, including any unique qualifications of the firm. B. Examples of projects with similar scope for similar -sized jurisdictions, including reference contacts. C. Resumes and other relevant information specific to the project team. a. Identify the project lead and the estimated approximate percentage of time the City can expect to interact with each team member. RFP — Parking Study — City of Waterloo Page 7 of 10 Page 278 of 530 b. Provide inks to presentations to governing bodies by the project lead and the project team. D. Provide details on the approach to the project study incorporating: a. Historical information provided on the City's website: https://www.cityofwaterlooiowa.com/government/city clerks/parking enfor cement.php b. Other information to support evaluation of the RFP response per the Evaluation Criteria section below. E. Provide a project schedule in a Gantt chart format. a. The first day shall be the notice to proceed date as noted as Day 1 on the schedule. b. Include all milestones. c. Clearly identify critical path elements. d. Include recommendations for formal progress reports to staff, the City's Finance Department, and to the City Council. F. Provide your firm's rate sheet that would apply to this project. a. Including a detailed budget for each part of the study and scope G. Additional supporting documentation at the Proposer's discretion. Evaluation Criteria Award of Contract shall be made to the most responsible and responsive proposal from a Proposer whose proposal offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Proposer based on an "all or none" proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. Financial terms will not be the sole determining factor in the award. To determine the award the City will use a proposal evaluation method that will enable the City to award a Contract to the Proposer offering services and experience that represents the best overall value to the City. A Selection Committee consisting of representatives from City Staff and Main Street Waterloo's parking task force, will apply the following evaluation criteria: Evaluation Criteria Weight Max. Points Points* Weight Understanding of the Project Goals (Scope -of - Work) 5 5 25 Technical Approach to the Project 3 5 15 RFP — Parking Study — City of Waterloo Page 8 of 10 Page 279 of 530 Qualifications/Experience of Proposed Staff 3 5 15 Cost Proposal 4 5 20 Outreach and engagement plan. 3 5 15 Overall Quality of the RFP Submittal 2 5 10 Total 100 Equal opportunity — the selection of a consultant shall be made without regard to race, color, sex, age, religion, national origin, political affiliation or other protected characteristic. The City of Waterloo, Iowa, is an Equal Opportunity Employer and encourages proposals from qualified minority and women -owned businesses. Insurance Requirements Proof of insurance as follows: 1. Errors and omissions insurance - $1,000,000 per occurrence. 2. General liability insurance - $1,000,000 per occurrence for bodily injury and property damage. At a minimum, coverage for premises, operations, products and completed operations shall be included. 3. Automobile liability insurance with either a combined limit of at least $1,000,000 per occurrence for bodily injury and property damage without sub - limits or split limits of at least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the performance of work by the contractor or its employees. 4. Workers compensation and employer's liability insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the contractor's employees carrying out their work. 5. General liability insurance and automobile liability insurance shall name "The City of Waterloo, Iowa, its elected officials, officers and employees" as additional insureds. 6. Proof of insurance shall be provided to City upon request within two (2) business days after receiving the notice to proceed. Public Nature of Proposal Material Responses to this RFP become the exclusive property of the City of Waterloo, Iowa. At such time as the City awards a contract, all proposals received in response to this RFP become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or RFP — Parking Study — City of Waterloo Page 9 of 10 Page 280 of 530 "Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary." Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" shall be regarded as non -responsive. Collusion By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and made in the interest of or on behalf of any person named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal. Disqualification Factors, such as, but not limited to, any of the following, may disqualify a proposal without further consideration: • Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms or conditions of this proposal; • Any attempt to improperly influence any member of the evaluation team; • Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City; • Evidence of incorrect information submitted as part of the proposal; • Evidence of Proposer's inability to successfully complete the responsibilities and obligations of the proposal; and • Proposer's default under any previous agreement with the City. Non -Conforming Proposal A proposal shall be prepared and submitted in accordance with the provision of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non -acceptance of the proposal, at the sole discretion of the City. Gratuities No person shall offer, give or agree to give any City, Main Street Waterloo or Experience Waterloo employees any gratuity, discount, or offer of employment in connection with the award of contract by the City. No City, Main Street Waterloo or Experience Waterloo employee shall solicit, demand, accept, or agree to accept from any person or entity a gratuity, discount, or offer of employment in connection with a City contract. RFP — Parking Study — City of Waterloo Page 10 of 10 Page 281 of 530 City of Waterloo Iowa Downtown Parking Study Final Report February, 2008 migniN Rich and s, Inc. "• ParkingConsultantsasultants Planers RICH www.richassoc.com • �.TIS Page 282 of 530 Parking Committee Honorable Tim Hurley Mayor, City of Waterloo Sandie Greco City of Waterloo Traffic Operations Department Mohammad Elahi City of Waterloo Traffic Operations Department Reggie Schmitt City of Waterloo Councilman Nancy Eckert City of Waterloo Clerk's Office Noel Anderson City of Waterloo Planning Department Don Temeyer City of Waterloo Planning & Zoning Department Eric Thorson City of Waterloo Engineering Terry Poe Buschkamp Main Street Executive Director David Deeds Downtown Developer Page 283 of 530 Table of Contents Section One: Parking Study Overview introduction 1-1 Parking Study Approach 1 -2 Map: Study Area 1-3 Scope of Services 1 -4 Figure 1: Interrelationship of Parking Study Methodologies 1 -4 Section Two: Parking Analysis Methodology Methodologies 2-1 Study Assessment 2-1 Parking Inventory 2-2 Table 2A: Parking Summary 2-2 Map: Parking Supply 2-3 Turnover and Occupancy Study 2-4 Map: Turnover and Occupancy (11 :00 a.m. to 1:00 pill.) 2-8 Operations and Enforcement 2-10 Table 2B: Number of Parking Violations 2-10 Parking Demand Calculation 2-1 1 Table 2C: Parking Demand Analysis 2-1 2 Map: Surplus - Deficit (current) 2-1 3 Map: Surplus - Deficit (10 years) 2-14 Map: Potential Changes 2-15 Page 284 of 530 Section Three: Recommendations Parking Operations 3-1 Best Practices for Parking Management and Enforcement and Recommendations Parking Enterprise Fund 3-3 Parking Management 3-3 Tools for Parking Management 1 . Handheld Technology for Enforcement: 3-4 2. Parking Permits 3-5 1 On -Street Parking Meters 3-6 4. Off -Street Parking 3-8 5. Pro Forma Analysis 3-10 6. Signs and Marketing 3-1 1 Section Four: Future Parking Development Future Developments 4-1 Waterloo Planning Concept Plans 4-2 thru 4-6 Parking Development Timeline 4-7 Waterloo Parking Action Plan 4-8 Page 285 of 530 Section One Parking Study Overview Page 286 of 530 City of Waterloo - Downtown Parking Study Section One Introduction The Waterloo parking study presents a comprehensive examination of parking needs in downtown Waterloo, The study analyzes parking from theperspective of how many parking stalls were needed to serve each Individual business in Waterloo, This amount of parking was derived using field research, models from Rich and Associates archives and from resources such as the Institute of Transportation Engineers and the Urban Land Institute, Background research, fieldwork and a review of previous documents and planning reports were also undertaken, The following documents were provided to Rlch and Associates, Inc., by Waterloo for use as resource material and to develop an understanding of the community's development goals and objectives: • • • • • • • Waterloo Downtown Redevelopment, Master Plan Update, August 18, 2003 Highway 63 Corridor Plan, Waterloo Iowa, October 2004 Downtown Waterloo Mdrket Study, December 2005 Parking Task Force Minutes, Research and Findings Parking Survey for Downtown Waterloo Results River Loop EXPO Site Plan Waterloo Center for the Arts and US Bank Parking Lot Layout Fieldwork for the study included a multi -day turnover and occupancy study by Rlch and Associates staff. The turnover and occupancy study Involved an examination of parking area occupancies and vehicle movements on a typical business day and a busy evening. This was undertaken to gain an understanding of the way Waterloo's parking was operating and the way individuals were using it. An analysis of the overall parking operation management and equipment was also undertaken to look for areas where potential improvements could be made, In general, Rich and Associates recommended that parking enforcement be enhanced, parting pricing be Increased and new technology in parking equipment be employed, Other suggested improvements included the gradual transition to multi -space meters for on -street parking locations, re -arranging of some of the long- term and short-term parking and the change from leased stalls to a comprehensive parking permit program. Rich and Associates, Inc. RICH Parking Consultants- Planners www.richassoc.com Overall there are a few pocket areas In Waterloo with small shortage of parking and other areas with large surpluses, However, the proposed and potential future changes will bring a general shortfall of parking. Currently the Arts Center and Young Arena need more parking to support evening activity venues. The Arts Center in particular cannot achieve its full potential without additional parking, Currently Mere is an expansion underway which will increase the static and performing arts space within the Waterloo Arts Center. Additionally, the Dan Gable Museum recently opened and there are plans to develop an outdoor market and public space on the two blocks surrounded by Commercial Street, Bluff Street, 3'd Street and Park Avenue. Ptvafe development within the community is also evident with the refurbishing of commercial buildings throughout the downtown and the re -development of commercial space, such as the Quality Inn on 51h Street. The eclectic nature of Waterloo's downtown area and the wealth of architecturally significant buildings increase the desirability of the downtown from an economic development perspective. Natural growth and changing personal tastes may lead Waterloo towards increased downtown living and towards increased restaurant, retail and commercial activity found in active downtowns, Currently, the parking shortfall is limited to select locations and events and overall is not large enough to consider adding new parking in to the downtown area, However, future options for new parking, including the possibility of new structured parking were Identified. Current plans to provide additional on -street parking along the Park Avenue Corridor are also important steps for the community, Consideration is being given to narrowing the roadway to two drive lanes with a combination of angle and parallel parking. Rich and Associates recommends pursuing additional on -street parking opportunities along Park Avenue Other options include the transition from dedicated `leased stalls' to permit parking and transient parking, In general, the on -street and surface lots in the downtown should be used for transient parking needs, On -street should be a short -duration for customers and visitors and off-street should be longer -duration for employees, customers and visitors who need longer duration parking. Permit parking should occur in the City's parking structures Page 287 of 530 Section One City of Waterloo - Downtown Parking Study Parking Study Approach Background This study, prepared for the Clty of Waterloo serves to examine the Downtown's existing parking system from both a qualitative and quantitative standpoint, The City of Waterloo contracted Rlch and Associates to prepare a paring planning study which would inventory and review the existing parking and make recommendations regarding the development of potential future parking. A number of issues were examined Including operations, management, equipment, enforcement, current parking demand, development scenarios, and future parking needs, For this study, Rich and Associates Initiated the process with a field study, meetings and interviews, Data collected as background material was analyzed using proven methods that involve statistical analysis and past experience, The study drew on standards developed by the Institute of Transportation Engineers (ITE) and the Urban Land Institute (UU), which were modified according to the survey results from Waterloo in order to suit the unique circumstances present in the Downtown. Considerations for this study Included a variety of projects and opportunities in the downtown, Including the expansion of the Arts Center, Young Arena and Tech Works. Study Area The study area, as determined by the City of Waterloo is illustrated in Map #1, "City of Waterloo - Study Area Map The overall study area Is divided by the Cedar River forming two parts to the downtown area, the East Side and West Side as they are known locally, Rich and Associates evaluated the parking conditions, parking supply and parking activity in the roughly 38-block study area, The Waterloo study area consisted of a mix of land uses including retail, restaurants and bars, light industry, office buildings, government buildings, Arts Center, arena, clubs and Blackhawk County Courts, Waterloo is experiencing interest In re -development of existing buildings, including residential development. Rich and Associates, Inc. Parking Consultants - Planners www.richassoc.com RICH Page 288 of 530 City of Waterloo - Downtown Parking Study Rich and Associates, Inc. RICH Parking Consultants - Planners www. richassoc. corn Section One PARKING STUDY FOR THE CITY OF WATERLOO WATERLOO IOWA . — RICH nr 1 DWG 1TRE STUDY AREA Lr a0 OBLOCK i as o 5711Pf AREA MUNPARY BA!. I2Jb* Mk. BA. Slic FIw t swe. x..s Page 289 of 530 Section One City of Waterloo - Downtown Parking Study Scope of Services The scope of services performed by Rich and Associates for the City of Waterloo are listed below. Services included the fieldwork that was conducted in order to develop recommendations to Improve parking. The fieldwork Included the following: • A cornplete Inventory of all public and private parking spaces, • Turnover and occupancy studies to evaluate the utilization of the on -street and off-street parking within the core of the study area. • A block -by -block Inventory of land use type for the Downtown study area was completed. [A portion of the information, in terms of building area, was based on maps, aeriai photos and data provided by the City of Waterloo]. • Feedback from stakeholder meetings and survey information compiled from business owners and employees. • Existing enforcement policies and procedures were reviewed along with the staffing and routing of enforcement personnel. • Identification of possible area of parking expansion/improvement. Figure 1: Interrelationship of Parking Study Melhodologles PARKING SUPPLY LAND USE Determined by conducting on -street and off-street inventories TURNOVER Sr OCCUPANCY STUDY Determined by conducting a building inventory for each Mock COMPARISON OF SURPLUS & DEFICIT PARKING BY BLOCK Reveals spatial distribution of parking er,:anon, Multiplied by parking generation factor rates PARKING DEMAND (Current & Future) ---Data Gathering Techniques & Survey Results — —Yanking Demand Analysis — Rich and Associates, Inc. Parking Consultants - Planners www. richassoc.com RICH Page 290 of 530 Section Two Parking Analysis Methodology Page 291 of 530 City of Waterloo - Downtown Parking Study Section Two Parking Analysis Methodology Methodologies Analyses were performed to determine the current and future parking demands and needs for the study area. The data collected and compiled by Rich and Associates to calculate the parking demand included; • An Inventory of the study areas on and off-street parking supplies. • Turnover and occupancy studies for public and private on and off-street parking areas, • Block -by -block analysis of the square footage and use of each building in the study area, The Parking Demand and Zone Analysis sections of the report contain two levels of parking analyses to determine the number of parking stalls needed. First is a mathematical or hypothetical model of parking demand based on the building gross floor area, Buildings were observed to determine what uses were present on each floor and parking demand generation ratios determined to best suit the downtown area (urban setting) in Waterloo, The mathematical model multiplies a parking demand generation ratio by the floor area of each floor to derive the number of stalls demanded. The second is a turnover and occupancy analysis of field data (or filet observations) used to calibrate the mathematical model and help to establish actual parking needed, Figure 1 from Section One "Interrelationship of Parking Study Methodologles° graphically illustrates how the various parking methodologies are employed to evaluate Waterloo's parking system, Section Two offers an assessment of the results of the on -street and off-street parking space inventories and the on - street and off-street turnover and occupancy studies. The results of the studies, surveys and Inventories are used in conjunction to establish and calibrate the Waterloo parking analysis Parking Inventory Rich and Associates, Inc. • Parking Consultants - Planners www-richassoc.com Study Assessment This section of the report is an assessment of how the existing parking is operating and how much new parking may be required based on current and anticipated future developments, The analysis used turnover and occupancy data, parking and building inventories, downtown business owners surveys, previous study work and Rich and Associates experience with parking to refine and determine the report's analysis. Rich and Associates reviewed proposed and potential developments with City Staff, various downtown developers and stakeholders. Several developments were discussed that would potentially impact future parking demand, Including the Entertainment District, Tech Works, Business Park and Center for the Arts expansion. These development concepts were consldered wlth respect to parking and potential new future parking locations. Future parking demand was in part accounted for by the assumption of vacant space re -occupancy at a rate of 40% in five years and 80% in ten years. The study process consisted of a two-part analysis. The first part of the analysis included the net parking demand based on a building Inventory and parking generation factors per 1,000 square feet of gross floor space. This demand was netted from the available supply and the resulting surplus or deficit revealed on a block -by -block basis. The second part of the analysis involved comparing the parking surplus and deficit patterns to the turnover and occupancy data. This comparison offered a benchmark, by which the surplus and deficit data was calibrated. A point to consider regarding the parking supply and demand is that motorists in general perceive off-street stalls with occupancies greater than 85% to be at capacity, depending on the overall capacity. The greater the capacity, the less this perception is valid. When this occurs, motorists will begin to re -circulate to seek more parking, adding to downtown traffic congestion and the driver's perception that there is no parking available in the downtown. Page 292 of 530 Section Two City of Waterloo - Downtown Parking Study Within the boundaries of bath study areas there were approximately 5,040 parking stalls. The parking inventory was broken out by block and parking type. In cases where parking stalls were not marked, the number of parking stalls were estimated. Table 2A summarizes the existing parking in the primary study area in downtown Waterloo. Of the total 5,329 parking stalls, 910 (17%) were an -street, 2,828 (53%) were off-street public stalls, and 1,591 (30%) were private off-street stalls, Table 2B summarizes the existing parking in the secondary study area of Waterloo. Of the total 5,329 parking stalls in the study area, 3,738 (70%) are public parking stalls and 1,591 (30%) were private parking stalls. Based an Rich and Associates' experience we have found, that to successfully manage municipal parking it is desirable for the municipality to have control of at least 50% of the parking supply. This allows the municipality to effectively manage the parking in terms of allocation, changing demand, market pricing, and allows the parking to be enforced with greater efficiency. In Waterloo's case, the City controls 70% of the available parking. Thls is an excellent position to be in for any City in order to accommodate new development and achieve the overall goals and visions for the City, including promoting the use of transportation alternatives. Table 2A - Parking Summary On —Street Public 014firecl Peblic 0NSlrest Private Perking Supply Elie* NM 10 hr 4hr 2hr Lz Res 12 min 20052 OM 10min 11cp 10 hr 2hr 4hr Free Res 30 min Deck 2hr Rep Res Ncp 1 10 1❑ 30 108 136 2 6 9 125 0 143 3 13 13 26 4 2 13 1 101 1 118 6 19 5 1 157 11 3 166 6 21 18 149 c 194 7 10 34 3 BB 1 146 3 8 25 299 3 71 411 9 20 9 11 77 3 120 10 39 5 49 1 45 139 11 10 22 3 4 41 1 81 12 29 3 4 105 2 144 13 8 34 1 4 296 7 22 370 14 1 42 1 3 55 102 15 11 16 5 1 40 17 2 97 16 25 5 2 72 154 17 3 24 3 256 22 309 16 13 4 91 5 113 19 8 8 86 36 5 145 23 14 5 6 25 21 15 40 2 57 22 7 1 1 365 374 23 9 1 59 2 39 110 24 114 4 82 3 203 25 7 3 2 12 26 14 2 1 24 2 43 27 2 23 80 $138 28 15 51 5 65 1 70 1 212 29 48 4 9 61 30 23 8 88 3 117 31 _ 6 14 1 51 13 1 44 130 32 13 28 41 33 14 1 1 55 71 34 8 22 1 70 101 35 8 5 3 10 36 60 36 10 1 46 67 37 141 2 143 38 259 2N9 Sum 32 204 98 506 21 5 4 5 3 22 195 59 8 931 177 1218 0 41 1563 28 5329 Rich and Associates, Inc. ■r1 Parking Consultants - Planners www.nchassoc.com RICH Page 293 of 530 City of Waterloo - Downtown Parking Study Section Two PARKING STUDY FOR THE CITY OF WATERLOO WATERLOO , pWA RICH ' owamis PARKING SUPPLY LEWD o ELG t EfUmPd2Y %A. we Rich and Associates, Inc. Parking Consultants - Planners RICH www.richassoc.corn Page 294 of 530 Section Two City of Waterloo - Downtown Parking Study Turnover and Occupancy Study A turnover and occupancy study was undertaken in the downtown study area over the course of a typical business day The overall study area was split at the Cedar River to allow for a more comprehensive examination of the East and West downtown areas. Each area was examined on a different day, First, a turnover study was undertaken to determine how long the parking stalls were being used and then occupancy counts were taken to observe the utilization of the parking. Turnover Is an indicator of how often a parking stall is being used by different vehicles throughout the course of the day. Turnover is relevant to time periods when parking Is being enforced and is most important to short-term customer and visitor parking. Occupancy is an Important aspect of parking because it helps us to understand the dynamic of how parking demand fluctuates thought the day. Likewise, the occupancy can be used to Illustrate how parking demand is impacted by events in the downtown area. Definitions The following are definitions used for the turnover and occupancy analysis: • Arnover - Turnover is the number of vehicles that occupied a parking space in o particular period. For example, if a parking lot has 100 spaces and during the course of the day 250 different vehicles occupied the lot, then the turnover is two and a half times (2.5). • 0y- the length of time a parking space Is occupied by a vehicle. • YI r7- A circuit refers to the two-hour time period between observances of anyone particular parking space, For the turnover and occupancy study, a defined route was developed for each survey vehicle. One circuit of the route took approximately 2 hours to complete and each space was observed once during that circuit, • slack & - A number was assigned to each block within the study area Each block is then referenced by its block number and by a letter (A B, C or D). The letter refers to the cardinal face of the block; with (A) being the north face, (B) the east face, (C) the south face and (D) the west face. Therefore, a block designated as 1 A would refer to the north face of block 1 Turnover and Occupancy Analysis • The East side analysis was undertaken on January 24, 2007 and covered public and private parking in and around Waterloo's downtown core (blocks 1 through 20), The West side analysts was undertaken on January 23, 2307, covering the same types of parking as the East side study, The West side study included blocks 21 through 38. This typical business day was selected to look at turnover and to see how employee parking utilization was Impacting the parking operations. • Turnover was recorded from 9:00 AM, until 5 00 P,M. License plate numbers were recorded every two hours of all vehicles in public parking stalls, both on -street and off-street, to observe the turnover rate occurring in the downtown, Rich and Associates, Inc. Parking Consultants - Planners www.richassoc.com RICH Page 295 of 530 City of Waterloo - Downtown Parking Study West Downtown OCCUPANCY FIELD WORK Dale. 1/232007 BLOCK/ FACE for Ste11s 99Oct 0:00 am to 1t'.00 ern %pee 11:00 unto 1,00pm %Occ. 1',0000n to 3.00pm 46Oen 3'00pm to 5.00pm Under 6wy12 lit 289 20% 55 22% 60 116% 53 11% 31 34D 2 hr. metered 9 ❑% 0 0% 0 056 0 0% 9 290 2 hr. metered 13 62% 8 31% 4 23% 3 15% 2 29A Lae cling ace 0 25% 1 25% 1 50% 2 0% 0 216 2 hr. melared 13 31% 4 77% 10 31% 4 8956 9 310 2hr_ metered 12 4246 5 50% 0 33% 4 75% 9 348 16g0n0Z[ne 1 160% 1 100% 1 0% 0 0% 9 34 Private RA 15 69% 9 70% 11 60% 9 67% 10 270 2hr. metered 8 25% 2 3015 3 13% 1 36% 3 27A 2hr me1Me6 9 44% 4 44% 4 0% 0 096 9 27 Pdvale Lot 25 46% 12 40% 10 24% 0 8% 2 26 0464me46st 19 95% 18 5416 16 53% 10 16% 3 28 IC051 Lesserlcl 15 04% 22 30% 25 34% 22 11% 7 28 metered Lo 56 7155 12 21% 12 16% 10 18% 10 26 1690West Bonk 8 Be% 7 39% 7 75% 0 0% ❑ 25 Community Nell 23 70% 18 52% 12 74% 17 0% 0 20 Currenuney Nall 20 25% 5 45% 9 95% 19 046 3 26A 2hr, metered 4 25% 1 50% 2 2555 1 50% 2 30A 2 hr, metered 11 4541 5 36% 4 45% 5 64% 7 30A Loadingzme 1 0% 0 0% 0 n% 0 0% 0 31A 4 hr metered 0 1795 1 17% 1 30% 2 17% 1 31A Loading20de 1 0% 0 0% 0 0% 0 200% 2 31 Pnvale 12 50% 7 33% 4 33% 4 17% 2 31 Pmrele 11 45% 5 6496 7 55% 6 64% 7 31 Mlleed 101 55 13% 7 22% 12 16% 9 18,5 10 31 Leasedlol 65 045 0 0% 0 056 0 0% 0 31C 2' 0, reelered 4 50% 2 50% 2 25% 1 25% 1 31C Laadin P Zile 1 0% 0 100% 1 10046 1 045 0 36C 2hr_ metered 12 0% 0 0% 1 0% 0 42% 5 29C 2hr. metered 11 55% 6 3556 1 9% 1 3645 4 201C 2 hr. metered 6 08, 0 0% 6 1756 1 0% 0 27 Prrvele ld 13 0% 0 0% 0 6285 9 62% 9 27C 2 hr. metered 8 055 0 0% 0 056 0 12% 1 30A 10 nr Meters 1? 17% 2 17% 2 25% 3 17% 2 3613 1 hr 8 113% 9 989e 3 100% 8 25% 2 39B 10 nr Haters 5 ID% 2 20% 1 46% 2 0% 0 36 P1Va1e Resler 14 05% 12 71% 10 93% 13 2455 4 36 Operedon Threshold 11 5545 6 95% 5 45% 5 9% 1 33A Leading Zone 2 0% 0 0% 0 0% 0 5046 1 35A Om51 Melerad 5 0% 0 0% 0 0% 0 0% 0 35 (14.te 24 33% 15 58% 14 5054 14 17% 4 35 Melered lot 3 6% 0 0% 0 044 0 0% 0 Rich and Associates, Inc. �� Parking Consultants - Planners RICH w.0w rlchassoc.corn Section Two West Downtown OCCUPANCY FIELD WORK BLOCK/ FACE Dal Stella %Oa_ 9A00 am to 15,00 ern %pee_ 1100 emto 1:00 pm %item_ L06pm10 3060 Om %Oeo- 300pm4o 5:001)91 35 Trus1 Mari 35 9% 3 14% 5 6% 2 0% 0 24 Private Res 101 4 75% 3 103% 4 160% 4 25% 1 34A 2 hr_ metered 9 22% 2 44% 4 33% a se* 5 34A Loatn02ane 1 100% 1 0% 0 0% 0 0% 0 34A subwayld 6 50% 3 133% 8 83% 5 133% 6 33A 2hr. metered 0 13% 1 13% 1 25% 2 63% 5 33A Lowing Zone 1 6% 0 0% 0 100% 1 0% 0 33A Alley 10 50% 5 30% 3 53% 8 5050 5 32A 2hr. metered 12 33% 4 33% 4 1755 2 57% 0 32 Stoner's Lot 20 4a% 8 25% 5 40% 6 2044 4 33 1079499 Co lel 33 7686 26 79% 26 01% 20 21% 7 330 2hr. metered 0 3B% 3 75% 6 75% 6 08% 7 330 Lording Zane 1 10046 1 100% 1 0% 0 0% 0 300 10 Ten xtalEs 3 32% 1 13346 4 32% 1 33% 1 220__ _ 10 mms0elb 3 0% 0 0% 0 33% 1 33% 1 210 2hr. metered 8 046 0 13% 1 0% 0 13% 1 310 2 hr. metered 10 36% 3 4016 4 40% 4 40% 4 310 Loading78de 1 0% Cr 0% 6 10046 1 0% 0 310 Srnlph Bar 17 35% 11 53% 0 41% 7 0% 0 320 Lcedm92cne 2 046 0 0% 0 50% 1 0% 0 320 2hr. metered 4 10046 4 75% 3 75% 3 56% 2 320 Europe Mkl 8 50% 4 50% 4 50% 4 2554 2 3512 Loading Zane 1 0% 0 0% 0 0% 0 0% 0 350 1401 6 5056 3 044 0 33% 2 0% 0 260 2hr. metered 7 14% 1 ❑% 0 19% 1 29% 2 269 2 M. metered 65 5% 3 2% 1 6% 4 5% 3 24 US Bank Lot 52 93% 78 63% 52 66% 54 2% 2 36 Library 25 55% 22 10094 25 92% 23 60% 15 21 Wells Fargo 42 36% 16 4856 20 52% 22 50% 21 21C 2hr. metered 3 63% 5 50% 4 50% 4 G3% 5 22 West F11h SOeet Ramp 365 06% 357 95% 145 67% 31a bow 145 22C 2hr. metered 8 50% 4 50% 4 50% 4 38% 3 22C Laa400 Zane 1 100% 1 t00% 1 100% 1 0% 0 23 2hr. meters Cliy La1 62 47% 29 55% 36 53% 33 24% 15 21 Private Id. 14 71% 10 86% 12 04% 9 64% 6 23C 011.51 Metered 10 11056 0 60,55 6 70% 7 40% 4 26C pn 9l Metered it 36% 4 02% 9 62% 9 02% 9 25C 10 tc_metered 7 66% 6 71064 5 56% 6 100% 7 25C Landing Zone 1 0% 0 300% 3 3% 0 096 0 74 6116 Corder 114 71% 81 7616 87 18% 21 7% 8 _ 37 ycun97vena 143 39% 55 36% 52 55% 79 42% 60 T03ls'. 2070 55041 1032 49% 1021 45% 930 25% 519 Page 296 of 530 Section Two City of Waterloo - Downtown Parking Study Kant Downtown OCCUPANCY FIELDWORK Dale. 12272007 OLOCIM FACE Deadipion ao1 Mills %Occ. 1:09 am to 11,00 am %Oen. 1100emle 100Fm %Om 1:00 pm lc 3A0 Pm %Oen 900p13 to 5:00pm 69 On St 14 10059 13 108% 14 63% 11 7726 10 6 40 rnn noun 132 83% 109 94% 124 79% 104 90% 119 03 On 912hr 7 0% 0 14% 1 i4% 1 29% 2 60 On Star 12 42% 5 5914 6 42% 5 17% 2 613 Lca5Fng2one 1 0% 0 016 0 0% 0 0% 0 15❑ 2hr_meiere a 50% 4 2596 2 0% 0 25% 2 150 4hr meters 3 33% 1 0% 0 0% 0 0% 3 100 2M T 0% 0 096 0 0% 0 0% 0 160 Lm0ng Zane 2 056 0 0% 0 096 0 50% 1 16 Spokes al lot 41 59% 23 6256 25 75% 30 65% 27 10 5711115412 26 4096 12 6249 16 42% 11 54% 14 1800 On 512 r 3 0% 0 3256 096 0 0% 0 6C On5110hr 0 10014> 4 8856 7 100% a 10056 8 77 0451 14 71% 10 93% 13 79% 11 37% 9 7 Lai 93 78% 65 0470 70 83% 05 7556 62 7 Law Fan 18 56% 9 5096 8 Be% 14 55% 5 BC 0n512hr 5 6% 0 60% 3 20% 1 80% 4 8C 4hr 9 22% 2 2256 2 93% 3 5616 5 9C O1512hr 11 966. 1 36% 4 9% 1 1816 2 9G n omeler 2 100% 2 100% 2 509E 1 60% 5 9C 10 Iv 5 0% 0 20% 1 4086 2 4059 2 10C On St 10hr 16 016 0 6% 0 012 0 6% 1 10 Cily Lc4 50 0% 0 252 1 252 1 0% 2 11D Lol 23 9% 2 9% 2 1399 3 13% 3 114 Clly Lot 19 64% 16 74% 14 74% 14 100% 19 12 Ilrao GLol 31 4596 14 52% 16 4559 14 5246 16 134 On 61 17 41% 7 47% 8 35% 6 4746 0 134 Lns4lna Zone 1 6^% 0 0% 0 100% 1 0^% 0 144 0n 61 6 09,6 0 50% 3 5096 3 67% 4 144 Lo941nq Zone 1 0% 0 0% 0 0% 0 0% 0 14A Lot 55 6796 37 55% 30 45% 25 7519 39 14A 0581 2 57% 4 71% 5 5756 4 5756 4 1526 On 61 11 100% 11 100% 11 91% 10 0414 7 5C On SI 13 7710 10 62% a 62% 8 3856 5 4C On 51 9 0596 8 7614 7 56% 5 5014 5 4C Loe4ng209, 1 100% 1 100% 1 0% 0 100% 1 3C On 91 13 3156 4 3169 4 4070 6 15% 2 2C On514hr 9 0% 0 0% 0 0% 0 0% 0 50 On9116hr 10 056 0 0% 0 052 0 0% 0 1 Elks Lel 108 2% 2 7% 8 2% 2 2% 2 10A On 8110h9 6 0% 0 0% 0 0% 0 0% 0 100 on 6110hr 10 -040 0 0% 0 0% 0 0% 9 ID Pri93t4 15 0% 0 7% 1 0% 0 0% 0 5A On 9 n hr 9 2% 0 0% 0 096 0 015 0 3 P69sle 20 596 1 9% 0 0% 0 0% 9 84 2 09 5ele+s 11 0% 0% 0% 0% 8A 1705160Lot 9 100% a 133% 12 111% 10 67% . 6 74 On Sl 12 58% 10 62% 10 03% 10 58% - 7 BA en 31 6 8393- 5 5716 4 37% 4 33% ' 2 A6 0169 a 33% 2 17% 1 0% 0 0% 0 East Downtown OCCUPANCY FIELDWORK NLULK! FACE Desmpeon a91 S13119 %Occ. 9:00 mob 11:00am %Oce. 11:20 am to 1:000t0 %Oce, 1:00 panto 2:05301 %Oee. 0000rn to 5:00ern 4 Restaurant 5 20% 1 4099 2 2056 1 0% 0 4 Law Flrm 20 5056 12 5596 11 10016 2D 6014 16 79 On 5I 10 20% 3 20% 2 90% 9 10+% 1 149 On 01 11 45% 5 36% 4 27% 3 34% 7 14% Loading Zone 1 0% 0 0% 0 100% 1 0% 0 179 On Bt 4 0% 0 2595 1 046 0 25% 1 17 AIIey Lot 5 60% 3 60% 3 60% 3 60% 4 17 Ea se side Perking Fee. 256 54% 139 4396 109 51% 131 4996 125 17 1%ledo.Ind 17 24% 4 18% 3 24% 4 24% 4 170 On St 6 3691 3 10056 0 0% 6 13% 1 140 On St 10 80% 8 70% 7 7056 7 50% 8 7D On St 9 67% 6 100% 9 87% 6 89% 8 410 4 Oaks Lot 40 4356 17 3896 15 393% 15 25% 10 4O 70010 EMIT Cil 24 13% 3 6% 2 13% 3 13% 3 313 On SI4 Mr 13 0% 0 23% 3 0% 1 e% 1 69 On 3I 10 50% 8 90% 9 90% 9 90% 7 139 0n St 11 55% 6 64% 7 1354 8 5534 6 16 East Pk Lel 98 46% 45 37% 36 46% 45 65% 83 6713 East Pal, Avenue 612 20% 125 13% 60 20% 120 20% 120 26 On st 10hr 6 33% 2 33% 2 33% 2 17156 1 96 Oa St 101e 10 50% 5 89% 6 5055 5 40% 4 129 on 5110hr 11 73% 8 7396 8 82% 0 55% 6 199 On 9110hr 8 13% 1 1340 1 25% 2 2556 19 Oily Perri! 51 69% 35 65% 33 55% 28 55% 28 19 Ceder River 37 45% 15 45% 17 55% 22 59% 22 20A On 612hr 9 11% 1 22% 3 22% 2 33% 3 20 PO Log 25 28% 7 28% 7 13% 4 096 0 18A M 07 L2 1 0% 9 1099 1 10010 1 200% 2 18A M 51 13 54% 7 67% 5 7716 10 85% 11 17A On 52 15 4756 7 57% 13 72% 11 73% 11 17A L000m02O1a 1 0% 0 10096 1 0% 0 0% 0 16A Sere Oa Pet 23 100% 23 9199 21 10992 23 87% 20 164 Loosing Zone 1 0% 0 0% 0 0% 0 C% 0 164 On St 10hr 13 105% 13 6296 12 10096 13 38% 5 150 On 984 la 15 27% 4 37% 4 26% 3 2796 4 14C On Bt 14 64% 9 6596 12 7196 10 5756 8 140 LwdingZwa 2 50% 1 1D0% 2 105% 2 0% 0 13C On 51 14 43% 6 5010 7 57% 6 8496 9 13C Lce01n0 Zone 1 100% 1 096 0 096 0 0% 0 12C On R 10hr 13 08% 17 79% 15 39% 17 e9% 17 12 OWeSI 45 98519 44 64% 35 93% 42 71% 32 11 C 10 hr male% 17 12% 2 5356 0 41% 7 6% 1 2428 41% 1002 40% 975 4146 1065 4156 999 Rich and Associates, Inc. Parking Consultants - Planners www.richassoc.com A\ alMsalh ramaniz RICH Page 297 of 530 City of Waterloo - Downtown Parking Study Section Two The general occupancy trend for both the East and West side combined illustrates that, as a whom, the parking in Waterloo Is currently underutilized, The peak desirable occupancy Is 85%, based on the perception of drivers In general, drivers perceive occupancies of 85% or greater to be capacity. In Waterloo, the overall occupancy is lower than 85%, However, there are areas with higher occupancies indcoting that there are some blocks with parking shortages that occur at certain times of the day. The observed occupancy map illustrates that even though there are areas with underutilizatlon there are also areas where the parking is very full. The occupancy map shows where sample occupancies were taken during the fieldwork and helps develop a relatlonshlp with the mathematical parking demand model and supports the conclusions drawn that there are same pocket areas with parking shortfalls, even if the entire area shows a surplus of parking, The long-term versus short term graph illustrates how the occupancy of these two types of parking vary. The short-term parking peaks mid -day, which would be expected as individuals come into the downtown area to eat lunch or shop. The long-term parking peaks in the morning, which correlates with how typical business parking demand fluctuates. Businesses need most of their policing In the morning as workers arrive, As the day wears on, individuals leave and the parking demand slowly diminishes Rich and Associates, Inc. RiH Parking Consultants - Planners www.richassoc.com 60% 50% 40% B 30% 20.0 0a0 60% 700 60% t50% 0 0 40.0 39% 20% 10% 9.6 Long -Term verris short -Terre 44% 39 % s_00em is 11:0o am 11:bo am to 1,,00 pm 1:00 pm le 1p0 pm Time m bey General Occupancy Trend 3.00 pm la 5:o0pm 1444 34 9:00 am to 11:00 am 11:00 am to 1,00 pm 1:00 pm to 3:00 pm Circuit Time 3:00 pm ta5:00pm — short-Tenn Parking — Long-Term Parldng — Overall OcoJpor oy —Maximum Desirable Page 298 of 530 Section Two City of Waterloo - Downtown Parking Study PARKING STUDY FOR THE CITY OF WATERLOO WATERLOO , IOWA RICH + - ova. mt.e TURNOVER AND OCCUPANCY (11,00 am. to W0 prn) LEGEND ® BALK =mama 511 AREA gwrroARY EIRAMITA SW Mlb 43) w x.s Rich and Associates, Inc. Parking Consultants - Planners www.richassoc.com RICH Page 299 of 530 City of Waterloo - Downtown Parking Study The on -street versus off-street packing graph presents an interesting disconnect, as typical downtowns usually experience higher on -street parking occupancies than off-street This situation may be a result of the small amount of retail in the downtown core and a higher corresponding amount of commercial or office space. Finally, the public versus private graph offers insight into how the private parking areas experience higher occupancies than the public parking areas. This may in part be explained buy the leased parking stall arrangement that the City practices These leased stalls become in effect, unavailable to other public users during the day (and perceptually In the evening), When the individual leasing the stall is not present the stall remains empty, lowering the occupancy rates for the parking system. A second observation Important here is that the City has an abundance of long- term parking opportunities. The only short-term parking readily available to the downtown is the on -street parking. In order to support commercial activity in the downtown, there needs to be a good supply of short-term parking that is readily available, All on -street parking adjacent to commercial businesses needs to be short-term iRes ne.Rich and Associates, Inc. Parking Consultants - PLanners RACP www.richassoc.cam 56% 45% 40% 35% y 30% 25% a 20% 15/ 10% 5,5 0% Section Two On -Street Versus OH -Street Sat 42 55 33% 33% Ao.5 10% 0% 8[1:10 am to 11:00 am 11,00 am to 100 pm 110 pm to 3.00 pm 3D0 pm to 5:00pm Time of Day Public Versus Private — ON Street Parking - on -Street Parking 2% WOO am to 11310 um 11,00amtu 1.,00 pm 1:OOpmtc aa0 pm Tale of Dew 3,00 pm to 5.00pr - Private Parking - Public Perking Page 300 of 530 Section Two City of Waterloo - Downtown Parking Study Operations and Enforcement The parking operations in Waterloo are overseen departmentally within the city. The City Clerk issues parking permits. The Traffic Operations and Parking Maintenance Department oversees the enforcement, maintenance and collections using parking enforcement/maintenance officers and booth attendants. The District Courts collect all fees from parking fines, and parking meter and permit revenues go into the Clty's General Fund, There is currently two enforcement/maintenance persons working at parking enforcement, maintenance, collections and general duties pertaining to the entire parking system, Enforcement generally runs from 9:00 AM, to 5:00 P.M five days a week and is undertaken from vehicles and on -foot. Rich and Associates generally recommends that one Individual enforcement officer can monitor between 600 and 800 parking stalls during a shift. As Waterloo has over 3,400 public parking stalls (Including city reserved stalls) to monitor, there should be a minimum of 4 enforcement positions per shift. Additionally, Rich and Associates recommends that enforcement persons be dedicated solely to enforcement; use routine routing and circuits or beats followed regularly throughout the day. Maintenance, collections and other general duties should be handled by dedicated staff responsible for that duty alone Table 2 is a breakdown of how long individuals were parked for in the on - street locations. The table summaries how song individuals parked at the two-hour meters in each of the study areas (East Downtown area and West Downtown area). Ail of the parking violations occurring during the Rich and Associates turnover and occupancy study between the hours of 9:00 A.M, and 5:00 P.M. on January 23 and 24 respectively During the turnover and occupancy study there were 188 parking meter violations observed in the East Downtown area. Per the Parking Enforcement records for that day, 8 tickets were issued, Similarly, in the West downtown area 74 violations were observed and 25 tickets were issued The number of tickets issued versus The number of violations observed is a goad Indicator that the use of additional staff, routing and computerized infraction tracking would aid in achieving consistent and higher levels of enforcement. Table 2B Number of Parking Violations East Downtown Area Turnover Summary - January 24, 2007 Parking Turnover Summary (by type) 1 On -Street Parking 2hr parking Vehicles that remained less than 2 hours 486 (72%) Vehicles that remained between 2 and 4 hours 122 (18%) Vehicles that remained between 4 and 6 hours 45 (7%) Vehicles that remained between 6 and 8 hours 21 (3%) Total number of vehicles analyzed 674 Violations Observed 188 Parking Tickets Issued 8 West Downtown Area Turnover Summary - January 23, 2007 Parking Turnover Summary (by type) On -Street Parking 2hr parking Vehicles that remained less than 2 hours 367 (83%) Vehic€es that remained between 2 and 4 hours 58 (13%) Vehicles that remained between 4 and 6 hours 16 (4%) Vehicles that remained between 6 and 8 hours 0 (0%) Total number of vehicles analyzed 441 Violations Observed 74 Parking Tickets Issued 25 Rich and Associates, Inc. Parking Consuttants - Planners www.richassoc.com RICH Page 301 of 530 City of Waterloo - Downtown Parking Study Section Two Parking Demand Calculation The parking study methodologies developed by Rlch and Associates are effective and accurate tools for quantifying current and future parking characteristics unique to Waterloo's downtown, The methodology involves computer modeling of parking demand based on land use and parking generation factors, Specifically, an inventory of buildings and their uses Is compiled and a parking generation factor is assigned to each land use category. Table 2C identifies the specific parking demand generation ratios used to calculate parking demand for each block. These ratios are assigned according to the type of use present in the buildings and were determined by Rich and Associates based on experience with similar communities to Waterloo and from the Turnover and Occupancy data. The demand factors for each land use type include an estimate for employees and patrons to that particular land use. The overall effect is that each type of downtown visitor, whether an employee, business owner, resident, or commuter is accounted for in the demand model for Waterloo. Once parking demand has been calculated for both current and future conditions, a comparison with the existing supply of parking is mode. The resulting figures are parking surplus or deficit figures for each block. The survey method of establishing parking generation ratios customizes the parking generation model specifically to the study area The ratios are used in conjunction with information from the Institute of Transportation Engineers (ITE) and the Urban Land Institute (ULI). These. two sources are the generally accepted standards for parking generation. Rich and Associates uses its' experience and the Waterloo survey results to modify or customize the parking generation ratios specifically to the Downtown study area, Column 1 and 2 on Table 2C represents the parking generation factors used for this analysis. Rich and Associates, Inc. Parking Consultants - Planners RICH www.richassoc.com Once a parking generation model is developed that illustrates the surpluses and deficits of parking numerically and graphically, we then compare the model with actual field observations, specifically the turnover and occupancy counts, The comparison serves as a test of the demand model and allows Rich and Associates staff to make further revisions or adjustments where necessary to ensure accuracy, as well as to fully understand the overall parking dynamic in the downtown area. Assumption 1: it was assumed that parking demand per block was dependent on the gross floor area contained In the block. Parking demand computed for one block was not affected by the amount of gross floor area available on surrounding blocks, Therefore, a block with surplus parking supply is not used to offset shortfalls on adjacent blocks. Assumption 2: The parking demand calculations were derived under the assumption that currently occupied properties would remain occupied at existing, or higher than existing levels, into the future. Assumption 3: Parking demand is not affected by parking availability, use, location and price. The parking demand table illustrates the parking stall surplus or deficit by block. Whlie there Is an overall surplus shown, the highlighted blocks demonstrate where there are parking shortfall occurring. Some blocks are served by adjacent block parking supplies (Le, the Elk's Lodge on Block 2 has a large surface lot on Block 1 j. Since the numerical analysis treats each block as an island, a drawing of the patterns of parking surpluses and deficits aids In comprehending the relafionshIps between blocks. Page 302 of 530 Section Two City of Waterloo - Downtown Parking Study Table 2C Parking Demand Analysis A R e 11 E F G H 1 1 K L M 61 0 P Q R 5 T U V W X Bieck ice Retail COm. Med. Mix Library Serv. Bar Theater/ Rest Res. Gov, corm, Hotel Museum F,B(1) Light DemandVacant Demantl Future Syr. 10 yr. Center Arena Induelry (current) Adlust Peak Peak Evening 0.15 1,90 731 0,70 1.02 4.19 0.95 14.00 0,29 9.00 1.75 0.78 2.60 6.72 100 7.38 075 0.50 102 Daytime 285 2,35 2.10 2,90 2.47 2,61 1.40 2.00 0.03 6.00 0.68 290 720 8.64 1.00 0.30 0_75 o_50 2.47 Demand Demand 12.750 37 000gowm :,3.0000000000ootooall0000N�0000eo 37 37 2 2,400 32,300 15 15 15 3 0 0 0 4 29,100 1,200 15 100 100 100 5 30,240 88 88 88 6 95.200 276 276 276 7 38,918 19,300 5,441 12 12.200 10,900 235 246 256 6 16,160 3,100 12,576 2,556 4,560 5 5,000 116 121 126 9 3,300 24,430 64,125 58 58 58 10 16 7,740 20 20 20 11 5,280 8,610 20 20 20 12 50,010 76.500 200 200 200 13 194,808 3,588 39,606 566 600 644 14 149,625 4,935 90,618 439 528 618 16 (2) 67,349 67,349 246 246 246 16 3,823 2 47,829 48 48 48 17 3,120 5,741 2 605 5 5,15a 43.098 2625 19.754 93 112 132 18 25,000 7,060 99 155 156 156 19 85 58 58 68 20 6,960 5 5 5 21 18,600 53 53 63 22 59,904 4,406 178 176 178 23 6,400 48.800 68,136 5,738 192 192 192 24 49,500 1,210 177 187 187 25 40,870 31 31 31 26 63,252 165 165 165 27 1,680 1,543 3,620 75 9,74E 76 75 75 28 26,721 76 76 76 29 51,815 109 109 109 30 11,600 13,900 '...-ti:t 9,020 255 284 273 31 3.604 14,745 784 3.945 ... 6.800 21,594 112 133 154 32 4,012 8,698 .1 15.734 10.436 42 52 62 33 2,616 8,411 2,250 23039 45,642 51 96 141 34 8,273 12,881 1,680 4,648 13,581 28,316 97 125 153 35 21,702 16 36 56 36 26,588 1,224 77 77 77 37 29E5 90 90 90 38 0 0 0 Bum 723,269 30,425 51,816 3,588 132,463 53,252 4,928 20,401 4,195 18,449 400 229,175 39,074 296 9,746 103,225 424,848 16,973 280,856 4,569 744 4,877 5,174 persons units r00m6 stalls stalls 9511a 5)61s (11 FB- Fratemal Order and Banquet (2) County budding Is-ted as gwanemnl, j it portion as industrial to am:amt for a Imam ratio. Rich and Associates, Inc, Parking Consultants - Planners www.richassoc.com RICH Page 303 of 530 City of Waterloo - Downtown Parking Study Section Two PARKING STUDY FOR THE CITY OF WATERLOO WATERLOO , IOWA — RICH' .^ DWQ m E SURPLUS - DEFICIT (CURRENT) ® MOCK -100 + -99 - -I COW o-99 +100 +AIE(6-0,07 cww<en epic Rich and Associates, Inc. r� Parking Consultants - Planners RICH www richassoc.con Page 304 of 530 Section Two City of Waterloo - Downtown Parking Study PARKING STUDY FOR THE CITY OF WATERLOO WATERLOO , IOWA RICH M DWG. TITIB SURPLUS - DERCIY (1D YEARS) MIRO O9LOLK N Will -100 4 -99 - -I 11M, 0 - 99 .100 FILL IIt SW. xre Rich and Associates, Inc. Parking Consultants - Planners www.richassoc.com RICH Page 305 of 530 City of Waterloo - Downtown Parking Study Section Two 2' 51KEET A6ANNONMENT FUTURE PARKING LOCATION NEW (ANGH ON -STREET PARKING O'PORTUNITY MAIN ENTRANCE TO PQU4NTQl N AREA (NOTE: RITE A WOULD RE ELIM INA`W0 IF PRO OSEP EXPANSION OF YOUR ARENA TAKER 'LACE) Rich and Associates, Inc. Parking Consultants - Planners RICH www richassoc.con WEST NEW (ANGLE) ON -STREET PARKING OPPORTUNITIES EAST am NEVI. METER LOTS PAY e 'DISPLAY OR MULTI- SPACE UP TO 4 HOURS POSSIBLE NEPA PARKINS STRUCTURE LOCATIONS PARKING STUDY FOR THE CITY OF WATERLOO WATEFROO IOWA — &T RICH ., •,._.-., DWO. t11LB POTENTIAL CHANGES BLOCK Yxn NTS Page 306 of 530 Section Three Recommendations Page 307 of 530 City of Waterloo - Downtown Parking Study Section Three Findings Parking Operations Parking operations in Waterloo are divided between the City Clerk's Office and the Trafflc Department, The City Clerk's Office is responsible for the issuance and sale of parking permits and the collection of parking fines. In addition, the Clerk's office makes recommendations an parking rates and fines to City Council and is responsible for the accounting of parking revenue from meters, The Traffic Department is responsible for the parking enforcement officers (PEOs), maintenance of the parking (on and off-street), meter maintenance, and parking and revenue control equipment maintenance. Parking enforce is done using handwritten tickets and they are on foot patrols. There are three PEOs and two are assigned from 6:00 A.M, to 2:00 P M. and one is assigned from 9,00 A.M, to 5:00 P,M, The PEOs provide not only parking enforcement of the on and off-street parking, but they also provide a sense of security in the parking areas, Current parking fines are shown below. Parking fine revenue currently goes directly to the City`s general fund, Parked over line / 0 (Aj 00 if not paid within 10 ays) Overtime parking* $10.00 ($15.00 if not paid within 10 cloys) Handicapped Violation $100.00 * Was increased from $5,00 to $10,00 in 2003 •..ft.% Rich and Associates, Inc. Parking Consultants - Planners RICH www.richassoc.com Page 308 of 530 Section Three City of Waterloo - Downtown Parking Study There appears to be a lack of communication between departments with respect to Information that affects parking enforcement and parking planning in general. PEOs do not know for instance which vehicles have a valid permit and which vehicles have unpaid fines. There are approximately 830 meters In current use. It has been reported that up to 100 meters have been removed due to vandalism and there are no spare parts readily available to fix those meters The East Park Avenue Ramp has meters on the top level and the West Fifth/Conway Ramp Is controlled by a card reader and ticket in/cashier out system. The card reader system has not worked properly for some time and in general the parking equipment hos exceeded its useful life Parking rotes are shown below and are different based on the meter type (length of stay). 12 minutes $.05 30 minutes 15Tninutes • --- $.05 • 7-5-minutes-- On-Strut Parking Lots .30 minutes $ : J 6o minutes $, b ! 0 hp7.� m� � i4ouza; ��,G titer As- /.(o •.�/ Park Avenue Ramp 6 inutesrr2Cs 1 Permits I) c t $30.00 to $50,00 depending on location parked • It appears that there is not a central system of parking management and that parking is not operated as an enterprise fund. The revenue from the latest fiscal year (2006) was Monthly Parking in Lots $64,836.35 Monthly Parking in Ramps $275,418.35 Meter Revenue $107,141 .80 Ramp Regular $17,860.06 Meter Fines $58,295.00 Total $523,551.56 Rich and Associates, Inc. Parking Consultants - Planners =-". www.richassoc.com RICH Page 309 of 530 City of Waterloo - Downtown Parking Study Section Three Best Practices for Parking Management and Enforcement and Recommendations Rich and Associates has reviewed over 100 municipal parking operations in the past ten years and we have developed a list of Best Practices far municipal parking as It relates to parking management and enforcement. The best practices need to be looked at in light of the size of the community, the amount of parking that Is controlled by the municipality and the type of revenue control equipment used. Parking Fund In successful municipal parking operations, they have been set up as a separate fund. This means that all revenue and expenses attributable to parking are reported separately. By doing this, parking can be seen as a piece of the infrastructure that is paid for by user fees. Additionally, there is a greater sense that the dollars produced In the downtown core stay in the downtown core for parking and potentially other improvements, This does not mean that there are not transfers from the parking enterprise fund to the cilys general fund, nor does it mean that the courts do not get part of the fine revenue, It does mean that parking is expected to stand on its own which includes setting aside funds for repair and replacement and for capital improvements such as new parking lots or ramps Rich and Associates recommends that the parking operation In Waterloo be set up as an enterprise fund. Ideally, all parking revenue would go to the parking operation including fine revenue and all expenses attributable to parking would be charged against that revenue. Another option is to say that the general fund would still receive what they currently get from parking (minus expenses for city services and staff time) but that the parking fund receives any incremental increase In revenue due fo increased parking or fine rates, better enforcement and better tracking of the operations •� Rich and Associates, Inc. Parking Consultants - Planners R1C33 www.richassoc.com Parking Management Best practice for municipal parking Is to have one person responsible for the oversight of parking. This does rot eliminate other departments or staff from an active Involvement: it simply means that there Is one person whose job responsibility is to oversee parking. As an example, parking in Cedar Rapids Is under Five Seasons Transportation. The director of Five Seasons Transportation Is ultimately responsible, but there is a parking manager who is responsible for the day to day operations including the enforcement, This system has worked quite well as evidenced by their success. In Waterloo, Rich and Associates recommends that all parking management be put under the Traffic Operations and Parking Maintenance. Thls would include the preparation of budgets for all parking related services as well as projection of revenues, Page 310 of 530 Section Three City of Waterloo - Downtown Parking Study Tools for Parkina Management In communities where parking Is successfully run, the parking operations, including enforcement has become computerized. In fhe office, parking statistics are compiled and stored. The data is used not only to accurate account for revenue but to report broken meters, identify where maintenance Issues are, keep an accurate record on permit parkers as well as doing the invoicing. Depending on the types of meters and enforcement tools used, Information on utilization, money collected, tickets written, etc , can be sent wirelessly to a central computer or downloaded from hand held units. Rich and Associates recommends that the City proceed with acquiring a parking management system. This would Include software to process parking statistics; receive data on permit porkers and the permits that are valid and enforcement functions. A more detailed explanation of these tools Is provided. 1. Handheld Technology for Enforcement: Rich and Associates recommend that Waterloo purchase and begin the use of handheld ticket to enforce parking. The handheld units increase efficiency by storing the license plate numbers of vehicles, thus negating the need to chalk tires. This will allow enforcement to occur during inclement weather, whereas marking tires with chalk cannot be done In the rain or snow because the chalk gets washed away and does not mark on a wet tire. Handhelds units can also store Information such as stolen vehicles, warrants, previous offenders, shuffling of vehicles, and unpaid tickets, When the vehicles license plate gets put into the handheld, the plate gets run through a database and if It Is an offender the handheld responds with the appropriate information If a vehicle needs to get boated or towed because of multiple tickets unpaid the 'information will come up on the screen of the handheld This helps make the entire parking system more efficient. With the purchase of the handheld ticket writers there also needs to be a server or central computer purchased, A home base needs to be set up where the handhelds can be downloaded and updated daily with pertinent information regarding parking violations and information from the PEOs, Cast: $5,000 for each handheld ticket writer (four are recommended), $20,000 for software (one time charge), and about $3,000 for the charger and docking station Cost for central computer is about $4,500. Total estimated cost Is $47,500, Benefit: Consistent enforcement targeted towards discouraging improper parking while minimizing the negative impact on downtown customers and visitors Action Time: to be determined Responsibility: City Issue Addressed: Discourages improper parking activity such es repeat or multiple offenses, shuffling by employees improperly parking on -street Increases turnover of most the important parking in the downtown area. Customer/visitor friendly efforts such as courtesy tickets are consistent with the downtown goals, Casio IT-3000 EZT sg Rich and Associates, Inc. Parking Consultants -Planners www.richassoc.com RICH Page 311 of 530 City of Waterloo - Downtown Parking Study Section Three 2. Parking Permits: Currently permits are purchased through the City Cleric's office and this should remain as Is. Rich and Associates recommends that the City track and monitor the sale of parking permits so that the number of permits sold for a particular parking location are recorded and so that the parker is registered. Additionally, the City should track who purchases the parking permits for which vehicle using the permit software and a comprehensive application form. The form would ask for the parkers name, home and business address, phone numbers, vehicle type(s), and [[tense plate number(s) of those vehicles, Additionally, the application should list the rules and what penalties are possible If they park where they are not supposed to or do not pay on a timely basis. Cost: Cost for the forms will vary, but the software can be developed tor $3,000 to $5,000 Benefit: Provides the Clty with an electronic record of permit porkers and this information should be downloaded into the enforcement handhelds for use with the proposed revenue and control system for the lots and parking ramps Action Time: to be determined Responsibility: City , Rich and Associates, Inc. Parking Consultants - Planners RICH www.richassoc.COrn City of Waterloo APPLICATION FOR VEHICLE BE WPM CORRECT 715 Mulberry Street PARKING PERMIT Waterton, lave I C..9R PLATENOMER M. NIMEL 'FAR •i STICY.ER 110. =R'.a r.r'rn uaf AIMART. V E S w N l C E O 0 E Phone 0 Signature PAYMENT ENCLOSED pi, N A ©Seniors please roads box M E a A eq 0 p R 5 a YEWCLESTI0<FR MUST BE FERMWB0TL AFFIXED TO TFE FIGHT IOLIER FROMPoRTON OF CLEW AND 6Nye1.0EHal0. LATE FEE „_ 50': 0, LL EE :N AP COED 6ECANNING Oh IN57gUCTIONS ON 9ACl( Perking hang tag must be dlsptaynd before May 1st. Failure to pprrenneyh et21 sticker [o lower rlynt tmnr windshield may be subject fa gearl kng hang penalty. Flours to pno day display Wang leg may be settler! In Naked and penalty. JIIIJE 15TH Page 312 of 530 Section Three City of Waterloo - Downtown Parking Study 3. On -Street Parking Meters The City needs to purchase new meters for the on street parking In the downtown. There were several options considered such as individual meters, multi -space meters and pay -and -display machines: A. Multi -space meters requires each on -street stall to be numbered and the parker would go to a central location on a block face, enter their stall number and then the appropriate amount of money for the time they want to stay, The multi -space meter can accept coins, dollar bills, credit cards, bank debit cards and smart cards. In fact, payment can be made by cell phone as welt. This gives the users the ability to pay by means other than coins which can be cumbersome. In addition, the City can sell validated cards to merchants that they in turn can give to customers to provide free parking. The multi space meter can be wirelessly connected and can be centrally programmed to change incremental rates or the length of stays. For example, there could be a weekday rate and a weekend rate, and then even a different night- time rate, The machines can also be powered by solar panels and battery, ryc/rb S,ogce Metsr From an enforcement standpoint, the enforcement officer simply needs to go to the multi -space meter and see which spaces have paid time and which ones do not. Depending on the machine, this can be a printout or can actually be seen on the multi -space meter itself. There is one manufacturer that has handheld for ticket writing that will also download the information from the multi -space meter to the handheld, The officer can then walk to the spaces that do not have time paid for to then issue a ticket The systems have gotten so sophisticated that there are multi -space meters that with the installation of cameras in each space can literally take the picture of a vehicle that has a violation, This type of system is very expensive however and probably not appropriate for Waterloo. The positives of the multi -space meter is that it can accept a wide range of payment options, It can give a receipt which a stand-alone meter can not, and there is just one machine to collect money from and repair rather than many individual meters. The problems with the multi -space meter are: it is technology that users may not feel comfortable using, once someone parks they need to walk to the central location on the block face to pay (and they have to remember their space number), and finally if the machine has mechanical issues all the spaces on that block are then unable to use the machine, B. Pay and display machines are also centralized on a block face and the parker simply puts in the amount of money for the amount of time they want to stay and then they receive a receipt /hot they then put in the front dash of their vehicle. As with the multl-space meter, the pay -by -space machine can accept coins, dollar bills, credit, bank debit and smart cards. The positives of the pay and display are; It Is a system that Is simple and lower cost than the multi -space meter and each space does not need to be numbered. The pay -by -space machines can be networked similar to the multi -space meters and can be solar powered. The problems with the pay -by -space is that the parker must walk to the pay - by -space machine that is centrally located on the block face and then walk back to their vehicle to put the receipt on their dash and then proceed to their destination, Also, the enforcement officer must go by each vehicle to check the dash board for the receipt, Weather may make it hard to see the receipt, someone putting the receipt on the dash improperly, or forgetting to put the receipt on the dash are all issues that affect enforcement. Rich and Associates, Inc. Parking Consultants - Planners www.richassoc.com RICH Page 313 of 530 City of Waterloo - Downtown Parking Study Section Three C. Individual meters are currently used in Waterloo, New technology for individual meters can provide many options, Payment can be made by coin, credit card, smart card or cell phone at most types of single meters, while at some of the high -end meters dollar bills and debit cards can also be used, Additionally, individual meters can now be networked and wirelessly communicate with a central location, This allows for the communication of data from the meter like the status, amount of money collected and utilization data, Based on an analysis of the different options for on -street parking revenue control, Rich and Associates recommends that the City purchase individual electronic meters for on -street parking. The meters can accept coins, tokens and value or smart cards (chip cards nat mag-stripe) which could be sold to merchants. The value cards could be distributed to customers by businesses to give patrons free parking on there next visit. The meters would be electronic which will allow rates and time parameters to be more easily changed. Though the reporting of Income and use by each meter can be downloaded by a handheld which will assist in the revenue analysis and accountability, the City currently has a wireless network in place In the downtown and thus the meters could have wireless communication with a computer In the Traffic Department. This was not included in the budget below, This cost does not Include a wireless network for the meters back to the Traffic Department or the ability to use chip cards (value cords or pay -by -cell phone, These are options that need to be discussed with the City and then included in the specifications for the equipment to be prepared by Rich and Associates. ie Rich and Associates,om Inc. Parking Consultants - Planners R CI H www.richassoc.com Cost: The cost for each meter is estimated to be $500.00 at this time which includes Installation, collection carts, handheld for programming and downloading of information, software, training on the maintenance and spare parts, A budget for the replacement of the on -street meters is $414,000.00. Benefit: Provides new electronic meters that can be programmed with a handheld and eventually by wireless connection Action Time: to be determined Responsibility: City Page 314 of 530 Section Three City of Waterloo - Downtown Parking Study 4. Off Sheet Parking Rich and Associates reviewed the options for parking access and revenue control equipment for the parking lots and the West Fifth/Conway Parking For the surface parking lots the options were; the individual meters, multi - space meter, pay -by -space meter and ticket/card in and cashier or non cashiered exit and card reader exit, We ruled out the ticket/card system for the surface lots due to their smaller capacities versus the capital and potential long term operating costs of this system. That left single meters, multi -space meters or pay -by -space machines. The pros and cons for each type of equipment for the lots are similar to those for the on -street analysis. The pay -by -space, while lower in cost, requires the parker to walk to the machine, pay and then go back to their vehicle and then continue on with their trip. This Is considered inconvenient. The single space meters are appropriate for this application, but the multi -space meter would allow the parker to use multiple methods of payment, allow the City to have different rate schedules, offer validations and to monitor the activity of the lot through the wireless connection. Rich and Associates recommends that the City install pay by space machines in the off-street lots on block 7 (assumed two machines), block 35 (assumed one machine), and the roof top of the East Parking Structure assumed two machines). For the West Fifth/Conway Parking Ramp, Rich and Associates looked at options to the ticket/card. reader/cashier system that is currently used there. First, we looked at the current condition of the equipment and found that It is in very bad condition, especially the card reader system. Additionally, it has exceeded its useful life. Based on these observations, we determined that the equipment needed to be replaced. We reviewed several options for equipment in this parking structure; the current system of ticket/card and cashier, ticket/card and cashelrless, multl-space meters and individual meters, Replacing the current system would Involve new ticket dispensers, gates, card readers, fee computer and software. This system would run much like the current system is supposed to run, The pros to this is that it's a typical system that most parkers are familiar with, the system can use validations, there is little enforcement needed, and there is a person (generally) at the exit to address problems. The cons to this system are the capital costs and operating costs. A variant of this system is to have it cashierless by using pay -on -foot machines. A visitor would pull a ticket and then when they left pay at a central location before they went back to their vehicle, They would then insert their ticket into a validator which would verify that they had paid and that they met the grace period from the time they paid at the pay -on -foot machine to the time they got to the exit. Another option Is to go to a pay -in -lane machine that would process the ticket at the exit similar to the pay -on -foot. In either case this system reduces operating costs but the capital costs may be higher than the cashier system. The cons to this system is that it's technology that many people may not feel comfortable with and as such if they forget to prepay or have an issue at the exit there is no one in a booth to assist them. They use an intercom to communicate back to a person who either must walk them through the problem or remotely let them out for free. The other options are individual meters or multi -space meters. The single space meters would require that each space be metered, A permit parker would be allowed to park at a meter without paying. The meters would have to be enforced, which would require the enforcement officer to check each vehicle that was parked at a meter that was expired to see if displayed a valid permit. In addition, each meter would need to be maintained and collected, Rich and Associates, inc. Parking Consurtants - Planners www.richasscc.com R4cH Page 315 of 530 City of Waterloo - Downtown Parking Study The multi -space meter is preferable, They can be strategically located In the parking structure and would operate similar to the off-street lot multi -space meters discussed above, In this case, the enforcement officer would have to pull a report and then check for vehicles parked In spaces that did not have time paid for. If there is a vehicle in a space with no time they could put 1n the license number into their handheld and check. If that vehicle was a permit parker. Rich and Associates' recommendation is to eliminate the parking control equipment in the West Fifth/Conway Parking Ramp and the cashier operation and go with the multi -space meter system (assumed four). For the multi -space meters to work, each stall must be numbered and the machine(s) need to be conveniently located with appropriate slgnage instructing the parker how to pay and where to go The pay by space machine will accept coins, bllis, credit cards, bank deblt cards and value cards The machines should be networked, The parking enforcement officer will pull a report from any of the multi -space meters and then drive around ramp to determine If the vehicle parked is in a space that has been paid for or is it a permit parker, Meter location sign e Rich and Associates, Inc. Parking Consultants- Planners RICH www.richassoc.com Section Three Cost: For a total of nine multi -space meters proposed with an estimated cost of $30,000 with options for credit card, solar where applicable, networked and wirelessly connected for a total of $270,000, Slgnage including numbering each space approximately 840,000, Benefit: Reduced operation costs, different methods of payment Action Time: to be determined Responsibility: City 11 0 it i.".- I 'ird It Examples of multi space meter machines. Page 316 of 530 Section Three 5, Pro Forma The following is a potential pro forma analysis that demonstrates how the equipment may be paid for through annual budgeting by the City and user fees. The pro forma details the potential revenues and The suggested "Repair and Replacement Fund" on an annualized basis. Expenses will vary depending on the equipment selected by the City. City of Waterloo - Downtown Parking Study Old Rates: $0 05 15 minutes New Rates: $0.10 $0.25 75 minutes $0.50 70 HoGrr;pters 0,7-Street $010 $025 60 minutes 150 minutes 70 HocrrJtters Lots $0.25 150 minutes Rarkrhg A l ehue 7xrn?p rqd L evel $.25 60 minutes 15 minutes 75 minutes $0.25 60 minutes $0.25 60 minutes No Charge FY 2006 FY 2007 FY 2008* FY 2009 FY 2010 FY 2011 " FY 2012 FY 2013 FY 2014** FY 2015 FY 2016 FY 2017** FY 2018 FY 2019 FY 2020"* REVENUE Monthly Parking Lots $64,836 $66,457 $71,441 $76,425 $76,425 $87,889 $87,889 $87,889 $101,073 $101,073 $101,073 $116,234 $116,234 $116,234 $133,669 Meter Revenue $107,142 $109,821 $142,767 $175,713 $175,713 $210,855 $210,855 $210,855 $253,027 $253,027 $253,027 $303,632 $303,632 $303,632 $364,358 Ramp Regular $17,860 $18,307 $23,798 $29,290 $29,290 $35,148 $35,148 $35,148 $42,178 $42 178 $42,178 $50,614 $50,614 $50,614 $60,737 Monthly Ramps $275,418 $282,303 $303,476 $324,649 $324,649 $373,346 $373,346 $373,346 $429,348 $429,348 $429,348 $493,750 $493,750 $493,750 $567,813 Meter Fines(1) $58,295 $59,752 $71,703 $77,678 $77,678 $65,446 $85,446 $85,446 $93,990 $93,990 $93,990 $103,390 5103,390 $103,390 $113,728 TOTAL REVENUE $523,551 $536,640 $613,185 $683,756 $663,756 $792,685 $792,685 $792,685 $919,616 $919,616 $919,616 $1,067,619 $1,087,619 $1,067,619 $1,240,305 EXPENSES TOTAL EXPENSES $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 REPAIR/REPLACEMENT SINK FUND (2) $66,030 $66,030 $66,030 $66,030 $66,030 $66,030 $66,030 $66,030 $66,030 $66,030 $66,030 $66,030 " Assumes rate increase occurs mid year "* Rate increase years (1) Assumes the use of handholds which should increase fines written (2) Repair and Replacement is a sinking fund for the repair of the parking ramps and the eventual replacement of parking access and revenue control equipment Rich and Associates, Inc. Parking Consultants - Planners r www.richassoc.com R1c- Page 317 of 530 City of Waterloo - Downtown Parking Study Section Three 6. Signs and Marketing Rich and Associates recommends that the City of Waterloo undertake a comprehensive sign program for both vehicles and pedestrians. the following five types of parking signs are fundamental to a good parking system. Introduction: Introduction parking signage alerts drivers approaching the downtown of the locations of the publicly owned, off-slreet parking lots. Thls type of signage is distinctive in color and size, and it can be characterized by unique logos The signs display the names of the off-street parking lots and the names of their streets. The signs are located on the street, and are mounted on poles of standard heights. Directional: Directional -parking signage is distinct in color, size and logo and directs drivers to off-street parking areas. The signs are mounted on poles at standard heights, on the streets, Location: Parking location signage complements the directional parking signage. The signs have arrows pointing to the off- street lots, The signs are mounted on pales at standard heights and located on -street. Identification: Identification signage is placed at the entry of each parking lot, The name of the parking area is identified and the type of parking available at the parking area is listed on the slgnage. The identification signage is distinctive in color and size, and It is located on a pole at a lower height. Way Finding: Way finding signs are placed at the points of pedestrian entry/exit to parking lots and structures. The sign is a map illustrating the downtown area that points out the various shops or attractions that can be found. These types of signs are placed at locations easily found by a pedestrian and are intended to help that person orient themselves to the downtown area such that They can locate their destination and then be able to return to where they parked. f, Rich and Associates, inc. • Parking Consultants - Planners �. CH www.richassoc.com Introduction Location Sian Direction Page 318 of 530 Section Three City of Waterloo - Downtown Parking Study The general qualities of good signage include the following aspects: • Use of common logos and colors. • Placement at or near eye level. • Use of reflective, durable material. • All five types used in conjunction to guide motorist and pedestrian activity. • All entrances to the downtown need to have introduction signage. • All parking areas need to have identification signage. • All routes through the downtown need to have directional and location signage. • All pedestrian routes to and from major customer/visitor parking areas need to have way finding signs. • The identification signs located at parking areas need to convey parking rates, hours of operation, maximum durations, and validation availability. Design Specific Criteria Recommendations: • In general, sign lettering should be 4 inches in height. Smaller lettering may be difficult to see and cause traffic slow -downs as drivers read signs before entering a parking area. • Depending on the location for the signs, some may need State Department of Transportation approval before installation. The City Engineering Department will need to be consulted on specific locations that fall under State control and the various regulations that may need to be met. • Logos and sign colors can be customized to suit the communities desired design criteria. The important element is to be sure that signs can be read easily by being a distinctive color that stands out from background colors of adjacent buildings. • The signs colors and logos need to be consistent for ease of understanding and quick visual reference by drivers. • Sign programs are usually best undertaken at a City-wide level and include all the City's signs. The comprehensive nature of a large scale sign program helps ensure that all forms of way -finding signs (vehicular and pedestrian) are taken into account. • Vehicular way -finding needs to be laid out initially in a coordinated fashion to determine what the preferred entry points to the community should be. Often directed traffic flow is a more efficient option that allows the community to take advantage of planned vehicle routes and entry points. A key 'rule of thumb' is that fewer, well thought out and well placed signs are far better than too many signs scattered randomly throughout a community. • Vehicular way -finding should include direction arrows to key destination places such as theaters, museums, shopping districts, etc., used in conjunction with the parking direction signs to allow a driver to quickly orient them selves to their destination and best parking options. Arrows should always be oriented to indicate forward, left or right movement. Reverse arrows or arrows indicating that a destination has been passed should be avoided to reduce confusion. Wayfinding Rich and Associates, Inc. 1 Parking Consultants - Planners www.richassoc.com € 1c1-r Page 319 of 530 City of Waterloo - Downtown Parking Study Section Three Identification Sign WALNUT STREET & WASHINGTON This Identification sign has 4" text lellerIng. The parking symbol or Identlfcat€on logo Is approximately 26 Inches In height, Rich and Associates, Inc. Parking Consultants - Planners RICH www.richassoc,com Marketing is one of the most important aspects of a successful parking system. Marketing should be used every time there is a change to the parking system and should be directed towards downtown employers, employees and customers/visitors. It is very important to help encourage downtown employees to park in the long-term parking areas to preserve the on -street parking for customers and visitors. Additionally, an individual's perception of Waterloo is greatly enhanced if they know ahead of time where that can park. Materials can include direct mailings, brochures, maps, kiosks, on-line web pages or articles in magazines. Information contained in the marketing material should include location, up -coming changes, regulations, fine payment options and any other information relating to the parking system. Signs are a useful way to market parking. Catchy phrases that designate long term lots can be used to let customers/visitors know where to park. Banners can be used to identify parking areas according to color schemes, letting customers/visitors know where they parked. Page 320 of 530 Section Four Future Parking Development Page 321 of 530 City of Waterloo - Downtown Parking Study Section Four Future Developments Waterloo has undertaken extensive planning for new development to occur within the downtown core, The following diagrams illustrate where new development will be occurring. While parking throughout the downtown area is relative to current needs, the North West area near the Arts Center and Young Arena are currently short of parking during events at these venues. This issue will be further exacerbated as new developments occur within the New Economy District, Sports and Recreation Zone, Arts Zone and the Economic Expansion Zone, The best option for Waterloo at this point is to land bank or hold onto land in anticipation of future structured parking expansion, Rich and Associates believes that the existing parking lot Immediately in front of the Arts Center is one of the best opportunities for a parking structure. This site is adequately sized for structure layout and is central to a number of demand generators. Drawbacks to this site include the fact that it will need to have architectural detailing adequate to suite its location on a prominent property, However, the location is well suited to service a number of potential uses and development scenarios, Additionally, event parking for Young Arena and Arts Center wit present revenue generating potential that will aid in paying for the new structure. Other potential sites include the parking area in front of Young Arena However this site is somewhat landlocked by the pedestrian barriers of First Street and Mullen Avenue. Other potential sites within this demand area could be considered, but will require property acquisition, adaptive re -use and/or the demolition of buildings, 1 Rich and Associates, Inc. RICH Parking Consultants -Planners ' www.richassoc.com 5160,000,000 S140,000,000 $120 000,000 5100,000,000 580,000,000 S60,000.6110 540,000.000 $20 000,000 so Development & Growth Projection for Downtown Waterloo .00 / i 2009 2010 2011 2012 2019 2014 2015 Timeline Source: City of Waterloo. Plaratng Deportment, tall 2007 Downtown Waterloo PreliminaryTlF Prgeclions ICamululivei Page 322 of 530 Section Four City of Waterloo - Downtown Parking Study MaP Legend Iw,glIMvMKr1410,..,Apt Asia (aMellmml [heel I Am /lKlr ® Hon nai q' Lane ® ipallYEW mItl.in /ow A9ixedu.e MAD CIAM,I IlAwfeanl © riertaimnervipincTl sex Economy Uiltnll %Linn ,illnl f,n, mrn.xl /ono — — ll r.ermA >r Downtown Business Districts `�.wl.r�er+a.or Mudiu t i rn V ael aI. h k, NINNY 11` - I1- -i , It Amon , Rich and Associates, Inc. Parking Consultants- Planners www.lichassoc. com RICH Page 323 of 530 City of Waterloo - Downtown Parking Study Section Four REDEVF,T OPMENT CONCEPT Downtown Waterloo, Iowa r%�,a —� op4 �I'❑❑ate❑4� spa,; o % oQ o4 p ❑ ❑ o E1 / I ri ii d p � 1 0.- , oa9 ❑ arm flc1 Eamm o la 0i, Delp , .o oo° 4� �� 11 J Q °o �Qoio0 Q,c l�f )ram vrt .Mao Legend 11 Foisting Building - Proposed Building ▪ Redevelopment Site ▪ Parking and Multi -use Pedeseian Connection 4 Vi a Connection Entry Femme CC/one f I. 2007 Rich and Associates, Inc. RICH Parking Consultants - Planners www.richassoc.com Page 324 of 530 Section Four City of Waterloo - Downtown Parking Study IU DEVNIA)Pur.NT CONCEPT 1.NEW ECONOMY OEVNICT • n.r,wo,li • 13.Ii3,k Pith 1111,111•M •• L•r6.Y.1411.• ..w. kd '.1• 44 •I k. I.n.• tiwtyq•,1• S, oTSJREEluliknoN ZONE • MMrica • Spau • Hap4ahty I.M. NaErnMtrr Tgry • EltiWap Bipo • EMMtE1nnlre homing Rich and Associates, Inc. Parking Consultants - Planners � RICH www. richassoc. corn Page 325 of 530 City of Waterloo - Downtown Parking Study Section Four CEDAR VALLEY Tech Rich and Associates, Inc. RICH Parking Consultants - Planners www.richassoc.com The fu,ure In grog TII IIIIIIII LOCKARD DEVELOPMENT IIIII IIIII IIIII : Page 326 of 530 Section Four City of Waterloo - Downtown Parking Study TechWork, Commercial St. Exhibit Grounds {Arts Mall Overflow Parking) . 6�. _F....,, k Hnte l Convention >w�,��= Center Young Arena Cedar Valley Arts Mall l Lbw)' Cedar River Park Ave. Commercial Street Corridor Downtown Master Pion Update Winer 100 Iowa Rich and Associates, Inc. Parking Consultants - Planners www.richassoc.com RICH Page 327 of 530 City of Waterloo - Downtown Parking Study Section Four Parking Development Timeline Parking development in the Waterloo will need to be coordinated with demand to ensure that as development occurs the City will have the ability to decide when to start a new parking structure, Deciding when to initiate a parking structure wit depend on financial constraints and parking demand. Current plans for development in Waterloo may dictate the need for a structure at some point and land banking needs to be part of the long-range planning for providing parking. Rich and Associates, Inc. mai Parking Consultants - Planners www.richassoc.com New Parking Threshold Calculation Worksheet Part A: Determining Floor Area Total Built Gross Floor Area For Entire Waterloo: (+) Proposed New Gross Floor Area: (=) Total Existing and Proposed New Gross Floor Area: Part B: Determining Parking Need Total Existing and Proposed New Gross Floor Area: (X) 2.5 Parking Stalls Per 1,000 Square Feet Or O.0025 (_) Total Parking Stalls Demanded: (-) Existing Off -Street Parking (=) New Parking Demanded: Part C: Decision Guide New Parking Demanded (X) 85%: (=) Minimum New Parking Needed: (If) Minimum New Parking Needed Is:) Optimal Capacity of Next New Parking Structure Then: Initiate Project (Or) Minimum New Parking Needed Is: Optimal Capacity of Next New Parking Structure Then: Delay Initiation Until The Above Condition Is Met Page 328 of 530 Section Four City of Waterloo - Downtown Parking Study Waterloo Parking Action Plan Step #1 — Assign overall parking management responsibility to Traffic Operations. • Traffic Operations oversees remaining recommendation implementation strategy and coordinates with other City departments on parking improvement efforts. Step #2 — Establish parking as a self -funding unit. • Utilize parking revenue to offset expenses; specifically, base annual budgeting and improvement program on revenues. Step #3 — Select operating equipment (with Rick Rich). • Identify the preferred parking equipment types based on operating parameters, complete a specification package for bidding. Step #4 — Initiate a marketing program to advise public of pending parking system changes. • Draw on downtown associations as partner resources in this effort. Plan on on- going media efforts. Step #5 — Revise parking rates. • Increase parking rates per report, rates should reflect market and be reviewed every three years. Step #6 — Update parking signs. • New policies regarding parking enforcement, new equipment and parking rate revisions will require new parking signs. Revise signs accordingly. Step #7 — Add parking enforcement staff and new equipment. • Per the report, add dedicated enforcement staff and implement new technology to aid in parking enforcement. Step #8 — Monitor parking utilization and development activity. • Make adjustments to the parking system accordingly. Rich and Associates, Inc. Parking Consultants - Planners www.richassoc.com RICH Page 329 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department AGENDA ITEM TITLE MEETING DATE July 3, 2023 Motion to accept and place on file the arbitrage results reflecting that no payment is due to the Internal Revenue Service for the General Obligation Bonds Series 2018A. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION We received positive information in that the City does not owe any arbitrage rebate or penalty to the Internal Revenue Service for these issues. The tax-exempt status of the issues is maintained, therefore protecting the City from potential liability from any bondholders. Internal Revenue Service regulations require that the City make periodic determinations that no arbitrage rebate or penalty is owed to the Internal Revenue Service when tax-exempt bonds are issued. This testing is required at each 5-year interval that bond proceeds are unspent and also once the proceeds are completely spent. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 330 of 530 ATTACHMENTS 1. 2018A AROpinion5.31.23 Page 331 of 530 BERENS-TATE CONSULTING GROUP SPECIALIZING IN TAX-EXEMPT BOND SERVICES June 14, 2023 Kim Bahr City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Kim: Enclosed is the arbitrage rebate report for the $10,505,000 General Obligation Bonds, Series 2018A. The report is through May 31, 2023, the five-year installment date, and shows that no yield reduction payment is required and there were no positive arbitrage rebate earnings. Therefore, no payment is due and no filing with the Internal Revenue Service is necessary. No further computations are necessary as long as the Bond Fund is operated as described in the Tax Exemption Certificate and no additional gross proceeds arise. Please feel free to call me with any questions or comments. Sincerely, a.) Bk"-a- Chris D. Berens Enclosure 10050 REGENCY CIRCLE / SUITE 110 OMAHA, NEBRASKA 68114 • (402) 391-6188 • FAX (402) 391-9037 • WWW.BERENSTATF'a \I 332 of 530 BERENS-TATE CONSULTING GROUP SPECIALIZING IN TAX-EXEMPT BOND SERVICES June 14, 2023 Kim Bahr City of Waterloo 715 Mulberry Street Waterloo, IA 50703 RE: City of Waterloo Black Hawk County, Iowa $10,505,000 General Obligation Bonds Series 2018A Dear Ms. Bahr: The City of Waterloo ("City") has requested that we prepare certain computations related to the above bonds ("Bonds") from June 19, 2018, the issue date of the Bonds, through May 31, 2023, ("Computation Period"). The scope of our engagement consisted of preparing computations to determine the rebate amount for the Bonds for the Computation Period under Section 148(f) of the Internal Revenue Code (as amended, and Final Regulations promulgated thereunder) and this report is not to be used for any other purpose. In order to prepare these computations, the City provided us with certain closing documents for the Bonds, bond proceeds and withdrawal detail, and investment information. The attached exhibits were prepared using the aforementioned information, as described in the Summary of Computational and Source Information. In our opinion, the computations contained in the attached exhibits that were prepared using the information provided, are mathematically accurate. In the attached exhibits, the computations reflect for the Computation Period that no yield reduction payment is required and there were no positive arbitrage rebate earnings. Therefore, no payment is due and no filing with the Internal Revenue Service is necessary. No further computations are necessary as long as the Bond Fund is operated as described in the Tax Exemption Certificate and no additional gross proceeds arise. We have no obligation to update this report because of events occurring, or information coming to our attention, subsequent to the date of this report. Very truly yours, BERENS-TATE CONSULTING GROUP e,C, 0 &iz Chris D. Berens 10050 REGENCY CIRCLE / SUITE 110 OMAHA, NEBRASKA 68114 • (402) 391-6188 • FAX (402) 391-9037 • WWW.BERENSTATF'a \I 333 of 530 CITY OF WATERLOO ARBITRAGE REBATE REPORT TABLE OF CONTENTS EXHIBIT Summary of Computational and Source Information A Arbitrage Rebate Report (Summary) B Future Value Report (Detail Calculation) C Notes to the Report D Page 334 of 530 EXHIBIT A CITY OF WATERLOO SUMMARY OF COMPUTATIONAL AND SOURCE INFORMATION COMPUTATIONAL INFORMATION 1. The issue date of the Bonds is June 19, 2018. 2. Computation of the bond yield and future values are based upon a 30-day month, 360- day year, and semiannual compounding. 3. The initial offering price of the Bonds is $10,673,895.95 ($10,505,000 par plus $168,895.95 original issue premium). 4. For cash flow and yield computation purposes, all payments and receipts are assumed to be paid or received, respectively, as shown in the attached schedules. SOURCE INFORMATION The information used to complete the rebate calculation was obtained from the following sources: BOND DETAIL Issue date Amounts and payment dates of principal and interest Initial offering price Deposit and withdrawal of bond proceeds INVESTMENTS SOURCE IRS Form 8038-G Official Statement IRS Form 8038-G Statements provided by the City Detail of all investment transactions Statements provided by the City Page 335 of 530 EXHIBIT B City of Waterloo, Black Hawk County, Iowa $10,505,000 General Obligation Bonds Series 2018A Arbitrage Rebate Report Computation Date Yield on Issue Payment Date Amount Paid Cumulative Arbitrage FV Payments Rebate Amount 05/31/2023 2.70305200% ($225,921.72) $0.00 ($225,921.72) Page 336 of 530 EXHIBIT C City of Waterloo, Black Hawk County, Iowa $10,505,000 General Obligation Bonds Series 2018A Future Value Report As of May 31, 2023 Computation Receipt Future Values @ 2.70305200% Cumulative Arbitrage Investment Yield Project Fund $0.00 ($216,369.95) ($216,369.95) 1.37625008% 211 cashflows Computation Credit 0.00 (9,551.77) (9,551.77) 5 cashflows Total $0.00 ($225,921.72) ($225,921.72) Date Project Fund Computation Credit Periods 06/19/2018 ($7,021,446.83) 9.90000000 07/16/2018 37,270.10 9.75000000 07/30/2018 2,477.84 9.66666667 07/31/2018 (15.00) 9.66666667 08/06/2018 23,223.00 9.63888889 08/31/2018 (6,375.21) 9.50000000 09/24/2018 463,414.12 9.37222222 10/22/2018 54,841.70 9.21666667 10/26/2018 20,894.00 9.19444444 11/05/2018 17,890.77 9.14444444 11/13/2018 20,000.00 9.10000000 12/03/2018 1,919.00 8.98888889 12/31/2018 27,740.95 8.83333333 01/14/2019 61,081.02 8.76111111 01/22/2019 10,333.12 8.71666667 01/28/2019 3,051.04 8.68333333 01/31/2019 11,217.38 8.66666667 02/04/2019 4,954.14 8.65000000 02/11/2019 70,000.00 8.61111111 02/18/2019 19,568.17 8.57222222 02/25/2019 4,303.00 8.53333333 03/04/2019 1,906.90 8.48333333 03/11/2019 5,775.64 8.44444444 03/18/2019 4,957.94 8.40555556 Page 337 of 530 EXHIBIT C Date Project Fund Computation Credit Periods 03/25/2019 30,837.93 8.36666667 04/01/2019 34,594.25 8.33333333 04/08/2019 17,481.66 8.29444444 04/30/2019 (4,239.40) 8.16666667 05/06/2019 52,311.86 8.13888889 05/13/2019 30,389.15 8.10000000 05/20/2019 21,290.53 8.06111111 05/28/2019 45,166.68 8.01666667 06/03/2019 17,029.26 7.98888889 06/10/2019 89,707.15 7.95000000 06/17/2019 34,274.32 7.91111111 06/24/2019 65,747.51 7.87222222 06/30/2019 21,209.15 7.83333333 07/01/2019 2,118.00 7.83333333 07/08/2019 29,533.79 7.79444444 07/15/2019 51,398.48 7.75555556 07/22/2019 94,924.70 7.71666667 07/31/2019 5,802.60 7.66666667 07/31/2019 (0.33) 7.66666667 08/05/2019 22,273.76 7.64444444 08/12/2019 92,750.46 7.60555556 08/19/2019 54,298.33 7.56666667 08/26/2019 80,696.54 7.52777778 08/31/2019 (10,153.40) 7.50000000 09/03/2019 12,574.36 7.48888889 09/09/2019 19,397.27 7.45555556 09/16/2019 96,896.02 7.41666667 09/23/2019 46,285.24 7.37777778 09/30/2019 4,896.93 7.33333333 10/07/2019 187,994.85 7.30000000 10/14/2019 11,794.84 7.26111111 10/21/2019 58,090.35 7.22222222 10/28/2019 44,236.84 7.18333333 10/31/2019 12,864.31 7.16666667 11/04/2019 4,314.15 7.15000000 11/12/2019 16,530.90 7.10555556 11/18/2019 42,458.20 7.07222222 11/25/2019 1,169.23 7.03333333 11/30/2019 1,497.03 7.00000000 12/02/2019 33,760.27 6.99444444 12/09/2019 40,228.97 6.95555556 12/16/2019 31,617.58 6.91666667 Page 338 of 530 EXHIBIT C Date Project Fund Computation Credit Periods 12/30/2019 23,797.41 6.83333333 12/31/2019 (74.50) 6.83333333 12/31/2019 (27,806.74) 6.83333333 01/06/2020 23,274.85 6.80555556 01/13/2020 3,267.07 6.76666667 01/21/2020 8,835.89 6.72222222 01/27/2020 18,693.64 6.68888889 01/31/2020 6,627.12 6.66666667 02/04/2020 16,090.40 6.65000000 02/10/2020 221,794.72 6.61666667 02/17/2020 85,087.66 6.57777778 02/24/2020 11,686.55 6.53888889 02/28/2020 (77,199.24) 6.51666667 03/02/2020 16,288.21 6.49444444 03/09/2020 14,423.12 6.45555556 03/16/2020 7,749.50 6.41666667 03/23/2020 10,457.88 6.37777778 04/06/2020 17,202.31 6.30555556 04/13/2020 56,085.58 6.26666667 04/20/2020 40,048.20 6.22777778 04/27/2020 5,837.84 6.18888889 04/30/2020 (7,990.25) 6.16666667 05/04/2020 8,288.80 6.15000000 05/11/2020 7,296.09 6.11111111 05/18/2020 29,209.44 6.07222222 05/26/2020 45,459.54 6.02777778 06/01/2020 41,635.35 6.00000000 06/08/2020 89,343.81 5.96111111 06/15/2020 1,738.80 5.92222222 06/22/2020 32,792.66 5.88333333 06/29/2020 25,999.51 5.84444444 06/30/2020 4,032.91 5.83333333 07/13/2020 33,590.24 5.76666667 07/20/2020 13,657.91 5.72777778 07/27/2020 4,536.01 5.68888889 07/29/2020 1,487.50 5.67777778 08/03/2020 44,407.18 5.65555556 08/11/2020 8,617.60 5.61111111 08/17/2020 17,190.26 5.57777778 08/24/2020 238,379.34 5.53888889 08/31/2020 850.00 5.50000000 09/08/2020 68,127.94 5.46111111 Page 339 of 530 EXHIBIT C Date Project Fund Computation Credit Periods 09/14/2020 462,264.12 5.42777778 09/21/2020 (133,171.47) 5.38888889 09/28/2020 66,921.83 5.35000000 09/30/2020 (54,854.92) 5.33333333 10/05/2020 1,857.85 5.31111111 10/19/2020 371,318.61 5.23333333 10/26/2020 34,356.78 5.19444444 10/26/2020 353,951.43 5.19444444 10/31/2020 (31,463.19) 5.16666667 11/02/2020 7,526.88 5.16111111 11/09/2020 211,170.40 5.12222222 11/16/2020 32,938.00 5.08333333 11/23/2020 83,643.25 5.04444444 12/07/2020 33,439.52 4.96666667 12/14/2020 33,250.00 4.92777778 12/21/2020 52,410.60 4.88888889 12/31/2020 (1,922.00) 4.83333333 01/04/2021 235,344.01 4.81666667 01/11/2021 6,778.00 4.77777778 01/19/2021 12,484.90 4.73333333 01/26/2021 2,856.11 4.69444444 02/01/2021 28,920.82 4.66666667 02/15/2021 31,720.33 4.58888889 02/22/2021 5,920.48 4.55000000 03/08/2021 16,707.22 4.46111111 03/15/2021 14,267.62 4.42222222 03/22/2021 500.00 4.38333333 03/29/2021 16,745.01 4.34444444 04/05/2021 20,496.09 4.31111111 04/12/2021 4,090.71 4.27222222 04/19/2021 50,093.84 4.23333333 04/26/2021 14,654.17 4.19444444 04/30/2021 4,668.63 4.16666667 05/03/2021 17,660.50 4.15555556 05/10/2021 20,339.50 4.11666667 05/17/2021 76,852.19 4.07777778 05/24/2021 15,985.90 4.03888889 05/31/2021 (4,668.63) 4.00000000 06/01/2021 2,883.25 4.00000000 06/07/2021 56,901.58 3.96666667 06/14/2021 227.14 3.92777778 06/21/2021 3,889.10 3.88888889 Page 340 of 530 EXHIBIT C Date Project Fund Computation Credit Periods 06/28/2021 59,806.14 3.85000000 07/06/2021 2,470.45 3.80555556 07/12/2021 15,348.18 3.77222222 07/19/2021 712.50 3.73333333 08/02/2021 10,546.90 3.66111111 08/09/2021 28,435.38 3.62222222 08/23/2021 34,551.69 3.54444444 08/31/2021 2,313.20 3.50000000 09/07/2021 49,164.37 3.46666667 09/13/2021 24,623.00 3.43333333 09/20/2021 21,906.82 3.39444444 09/27/2021 10,707.35 3.35555556 10/04/2021 59,525.46 3.31666667 10/11/2021 32,375.00 3.27777778 10/18/2021 502.50 3.23888889 10/25/2021 1,800.00 3.20000000 11/01/2021 29,222.61 3.16666667 11/08/2021 6,850.82 3.12777778 11/15/2021 48,677.61 3.08888889 11/22/2021 27,364.45 3.05000000 12/06/2021 12,292.05 2.97222222 12/13/2021 64,476.05 2.93333333 12/20/2021 28,079.69 2.89444444 01/03/2022 520.50 2.82222222 01/18/2022 32,412.50 2.73888889 01/31/2022 (2,250.00) 2.66666667 02/21/2022 2,825.43 2.55555556 04/25/2022 18,618.03 2.20000000 05/31/2022 55,866.91 2.00000000 06/06/2022 8,199.89 1.97222222 06/13/2022 221,325.80 1.93333333 06/20/2022 52,476.85 1.89444444 06/27/2022 24,898.44 1.85555556 07/11/2022 99,733.89 1.77777778 07/25/2022 10,886.88 1.70000000 08/01/2022 34,420.08 1.66666667 08/08/2022 106,241.44 1.62777778 08/15/2022 1,500.00 1.58888889 08/22/2022 2,953.33 1.55000000 08/29/2022 8,824.64 1.51111111 09/06/2022 6,737.96 1.47222222 09/12/2022 3,145.00 1.43888889 Page 341 of 530 EXHIBIT C Date Project Fund Computation Credit Periods 09/19/2022 15,052.36 1.40000000 09/26/2022 435.69 1.36111111 10/03/2022 877.80 1.32222222 10/10/2022 357.99 1.28333333 10/17/2022 61,210.90 1.24444444 10/24/2022 7,107.45 1.20555556 11/07/2022 5,572.64 1.13333333 11/21/2022 643.64 1.05555556 12/12/2022 8,009.83 0.93888889 12/19/2022 6,322.80 0.90000000 01/03/2023 100.81 0.82222222 01/09/2023 2,177.22 0.78888889 01/17/2023 127.98 0.74444444 01/30/2023 2,688.27 0.66666667 02/06/2023 2,984.15 0.63888889 02/20/2023 1,585.12 0.56111111 03/13/2023 35,797.62 0.43333333 03/20/2023 234.70 0.39444444 03/31/2023 36,898.45 0.33333333 05/31/2019 ($1,730.00) 8.00000000 05/31/2020 (1,760.00) 6.00000000 05/31/2021 (1,780.00) 4.00000000 05/31/2022 (1,830.00) 2.00000000 05/31/2023 (1,960.00) 0.00000000 $205,082.59 ($9,060.00) Page 342 of 530 EXHIBIT D CITY OF WATERLOO NOTES TO THE REPORT 1. The bond year end may be chosen by the City, but must fall within 365 days of the bond delivery date. We used May 31 st as the bond year end. 2. No provision has been made in this report for any debt service fund. Under Section 1.148- (3)(k) of the Treasury Regulations, a "bona fide debt service fund" for bonds issued after June 30,1993, is not subject to rebate if the average annual debt service on the corresponding bonds is less than $2,500,000. It appears this provision applies to the Bonds. 3. Purchase and sale prices of all investments are assumed to be at fair market value, exclusive of administrative or similar expenses, and representative of an arm's length transaction which did not artificially reduce the rebate amount for the Bonds. We did not analyze the investment purchases or sales to determine if they were completed at fair market value. In addition, we have undertaken no responsibility to review the tax exempt status of interest on the Bonds. 4. Bond proceeds of $2,406 were designated for costs of issuance on the Bonds. We assumed these funds earned less than the yield on the Bonds. Therefore, we have not included them in the calculation. 5. 2018A Bond proceeds of $3,521,301 were used to current refund the $9,165,000 General Obligation Bonds, Series 2010A (Taxable Build America Bonds). Proceeds from the 2018A Bonds were used to redeem the outstanding 2010A Bonds on June 25, 2018. It is our understanding that funds related to the 2010A Bonds have been spent. Therefore, there were no transferred proceeds related to the refunding. The 2018A Bond proceeds used for the redemption have met the requirements of the six- month spending exception as described in Section 148(f) of the Internal Revenue Code (as amended and Final Regulations promulgated thereunder). Therefore, we have not included them in the calculation. Page 343 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department July 3, 2023 AGENDA ITEM TITLE Motion to approve, receive and keep on file, amendments made to the Constitution and By -Laws of the Memorial Hall Commission. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Updated Constitution and By -Laws (board approved 5.24.23) Page 344 of 530 CONSTITUTION and BY-LAWS Memorial Hall Commission Veterans Memorial Ha11/Soldiers and Sailors Park CONSTITUTION Article I — Name Section 1. The name of this administration shall be: "Memorial Hall Commission" as set forth in 1993 Code of Ordinances of the City of Waterloo, Iowa, Section 2, 195.5 of Division 5, of Article VII, Chapter 2: Ordinance No. 4236 adopted by the city council on July 23, 1997, creating the Memorial Hall Commission. Ordinance No. 4265 adopted by the city council on November 3, 1997, increasing the members from five to eleven. Ordinance No. 4266 adopted by the city council on November 17, 1997, creating terms of offices. Ordinance No. 5672 adopted by the city council on November 21, 2022, repealing and enacting in lieu thereof a new Chapter 11, Memorial Hall Commission, Title 2, Boards and Commissions. Article II — Object Section 1. The object of this Commission shall be: to unite and promote fellowship among Veterans, Civic, and Patriotic organizations advancing the interests and the betterment of the property and contents located at 655 Memorial Court 1915 Courbat Court, Waterloo, Iowa; devoted to improve, restore, preserve, enhance, and maintain the building and park, monuments, documents, portraits, and relics; in order to perpetuate the memory and achievements of United States military personnel who distinguished themselves by their services and sacrifices while with our Country's National Defense; to encourage historical research and extend educational services in relation to Wars and defending American freedom; to celebrate the anniversaries of prominent events of our Country's Wars and Conflicts; to foster in loyal appreciation true American patriotism; and at all times to uphold and maintain the Constitution and the laws of the United States of America. Wage Page 345 of 530 Wage Page 346 of 530 Article III -- Organization Section 1. This Commission shall consist of: (a) American Legion #730, (b) American Legion #138, (c), AMVETS at large, (d) Disabled American Veterans #11, (e) Veterans of Foreign Wars # 1623, (f) Military Order of the Purple Heart #86, (g), Sons of the Union Veterans Civil War at large, (h) The - Retired Officers Association Military Officers Association of America, and-(i) cx officio City Representatives, (j) Rolling Thunder Iowa Chapter 1, (ki) UAW 838 Veterans Committee, (1), (mk) Cedar Valley Civil War Roundtable, and no more than two (2) members at large. (a) Primary and alternate members of commissioner's status shall be authorized to be, member, sons or auxiliary (clarifying Article IV Section 1 paragraph (a); eligible representatives and Article V Section 1 of the bylaws). Section 2. Any honorably discharged military person, Gold Star Mother, or concerned citizen, shall qualify to become a candidate for the Memorial Hall Commission provided he/she is a member in good standing with the organization he/she is representing and/or a proponent of veteran's affairs. Section 3. Each organization identified shall elect be authorized two (2) representatives --one (1) delegate and one (1) alternate to serve a three (3) year term on the Memorial Hall Commission. Due notice of such elected representatives must be submitted to the City Clerk's office not later than September 30 of that year. (In accordance with Chapter 11 Section 2-11-2 (paragraph B) Waterloo City Code) Section 4. Any representative may succeed himself/herself if properly elected authorized by their organization provided the tenure conforms to the City Code of Ordinances, regarding Boards and Commissions. Section 5. No representative shall be appointed to serve on this Commission without recommendation bythe approval of the Mayor and approved by the City Council. Section 6. Each organization identified, shall be placed into a group described by the term expiration dates when the Commission is first instituted. One group to serve one year, one group to serve two years, serve for three years. Article IV — Membership Section 1. Types of Membership shall be as follows: Para. (a) ACTIVE -Membership of this Commission shall be composed of only eligible representatives from each organization or members at large as defined in Article III, Sections 1, 2, 3, 4, and 5. The Mayor of the City of Waterloo or an appointed designee shall be an ex officio a non -voting member of the Commission. Para. (b) ASSOCIATE -Any individual who is or may become a member to any of the organizations identified in Article III, Section 1, and all servicemen and women who are presently on active duty in any 31Page Page 347 of 530 branch of the United States Military shall be eligible for Associate Membership and shall be entitled to all privileges except those of voting and holding office. Para. (c) ALLIED SUPPORT GROUP -Any individual currently serving as and limited to hereafter as; Mayor, City Council Member, Community Development, Police Chief, Administrative Director, City Clerk, Fire Chief, Executive Director of Grout Museum, Waterloo Museum of Art, Executive Director of Main Street Waterloo and High School Junior ROTC shall be eligible for Allied Membership and shall be entitled to all privileges of membership except those of voting and holding office. subordinate unit attached to any of the organizations identified in Article III, Section 1 or any individual whose disposition is favorable to the Commission, shall be eligible for Social Membership and shall be entitled to all privileges of membership except those of voting and holding office. Section 2. All Memberships shall conform to the requirements as set forth in this Constitution and By- laws. Section 3. All Membership Dues or any other types of fee shall be established by the Commission. Article V -- Principal Office: Scope of Activities Section 1. The principal office of this Commission shall be located at 715 Mulberry Street, Waterloo, Commission shall not be confined to that place1915 Courbat Court. Activities of the Commission shall not be confined to that location. Article VI — Administration Section 1. The administrative affairs of this Commission shall be vested only in the eligible representatives present and voting when the Commission is in session. Each organization represented shall have the right to cast one (1) vote on each matter submitted to a vote at any Memorial Hall Commission meeting. Section 2. The officers of this Commission shall consist of a General Chairperson, a Vice Chairperson, a - Secretary, and a Treasurerand Secretary/Treasurer. Article VII — Amendments 4IPage Page 348 of 530 This Constitution may be amended at any Memorial Hall Commission meeting by a vote of two thirds of the representatives present and eligible to vote, provided that any such amendment is read at two (2) meetings and that all delegates and alternates were notified of the proposed change prior to each of the two (2) meetings. 5'Page Page 349 of 530 Article VIII This Constitution and By-laws shall not become in full force and effect until approved by the City Council and signed by the Mayor. Wage Page 350 of 530 1'Page Page 351 of 530 BY-LAWS Article I — Organization Section 1. This Commission shall be known as 'Memorial Hall Commission," and affirms its allegiance to its Constitution, By-laws and rules, mandates and regulations promulgated pursuant theretoOperating Procedures. Section 2. The creation and continuance of Veterans Memorial Hall shall be as a monument to the men and women who have honorably served with any United States military forces. Section 3. The building and grounds shall serve as: (a) a meeting site for veteran's associations and patriotic societies; (b) a site for Memorial Day observances and other patriotic ceremonies; (c) a museum to display photographs and patriotic memorabilia; and (d) a site for city business affairs and veteran social activities. Article II -- Officers Section 1. Para 1: The Commission shall elect annually a General Chairperson, Vice Chairperson, Secretary, and a Treasurerand a Secretary/Treasurer. Para 2: The General Chairperson, with the approval of the Commission, shall appoint Commission Committees, with the exception of the Nominating Committee, which shall be elected by the Commission. Para 3: Such other officers committees as may be necessary to operate the Commission may be appointed by the General Chairperson, with the approval of the Commission. Para 4: A "Commission Officer Report" shall be submitted to the City Mayor's office within five (5) days after the installation of newly elected officers or in the event of any subsequent change in the Commission officers during the membership year. Section 2. Para 1: The General Chairperson shall be the presiding officer and in his/her absence, the duty will fall to the next highest officer in line of succession who is present. He/she shall maintain order and dispatch such business as may legally come before him/her. Shall They shall perform all other duties that may reasonably be assumed to be incidental including those set forth in this Constitution and By-laws and such other duties as may be lawfully delegated to him/her by the Commission. Para 2: The Vice Chairperson shall perform the duties of the General Chairperson in the event of his/her absence. If the General Chairperson should die, resign, or be removed, the same order of authority would 21Page Page 352 of 530 be in effect until a new General Chairperson is elected. He/she shall be the Membership Chairperson and as such is responsible to confirm all types of memberships and campaign to increase all memberships as set forth in the Constitution and By-laws. Para 3: The Secretary is responsible for keeping the Commission records and conducting the Commission's correspondence. He/she must keep detailed records of the Commission's meetings and business affairs. All motions considered by the Commission should be recorded along with the names of the delegates or alternates who make, second, or speak on motions. At each commission meeting, he/she should read all correspondence received between meetings and see that all matters which require action by the Commission are properly disposed of and should answer all correspondence promptly and file copies of responses with the commission records. Para 4: The Treasurer and City ClerkCity Clerk/CFO shall keep an accurate record of all monies received and disbursed. All monies received shall be deposited in the form of an individual "City of Waterloo Escrow Account" that must be established in a financial institution insured by an agency of the Federal Government. He/she shall make a report on Commission finances at each meeting and records shall be open to the Commission when a request is made in writing through the General Chairperson or Mayor's office. He/she shall also be a member on the Financc/Fundraising Committee and a written report given to the Commission each month. The commission Secretary/Treasurer shall ensure monies were distributed to the correct fund account, administered by Commission vote motion. Any discrepancy is to be reconciled by Secretary/Treasurer. He/she shall also be a member of the Finance/Fundraising Committee. Section 3. Para 1: Upon election or appointments, and installation of the successor to any such Commission office, all Commission property in his or her predecessor's possession shall be surrendered to the newly installed officer. Article III — Qualifications Section 1. Any individual who is a delegate or alternate of this Commission shall be eligible to any elective or appointive office in this Commission, unless otherwise provided in this Constitution and By- laws. Section 2. Any individual may not hold more than one (1) elected position. Section 3. Any officer of this Commission may succeed themselves if properly elected. Article IV -- Tenure of Office Section 1. Officers shall be nominated each year during the October meeting and again immediately prior to the November election meeting. Elected officers shall be installed not later than December 1 of that 3IPage Page 353 of 530 year and shall serve in that office for one (1) year or otherwise defined in tins the Constitution and By- laws. Section 2. Unexcused absence of any elected officer from three (3) consecutive meetings shall be cause for removal by the Commission. Article V -- Membership Section 1. No applicant shall be denied membership if he or she meets the eligibility requirements as set forth in this Constitution and By-laws. Article VI -- Committees Section 1. There will be four (4) Committees: Building and Grounds, Operations, Finance/Fundraising, and Education/Historical. Section 2. Committees shall consist of not less than three (3) members with one (1) to be a individuals, one of which is a voting member of the Commission. Section 3. In the event a Committee fails to make a recommendation upon any matter referred to within a reasonable time or in emergencies, the City may act upon such matter without receiving approval of the Commission. Section 4. Committees may include, with commission approval, a member who is not a commissioner. Article VII --Meetings Section 1. Commission meeting dates,s are scheduled for the fourth Wednesday of each month, except December. Alternate dates on approval of the Commission, time; and place shall be determined by the desires of the Commission as necessary. Section 2. Special meetings of the Commission may be called by the General Chairperson or the Mayor whenever they may deem it necessary. Section 3. A quorum shall consist of five (5) voting members. Section 4. Minutes of the meetings shall be kept and available for inspection. Article VIII Required Ceremonies 4IPage Page 354 of 530 Section 1. At least once a year there shall be observed a special Memorial Day Ceremony in accordance to the Waterloo Memorial Board By-laws_ Section 2. Veterans Day Ceremony November 111' 5'Page Page 355 of 530 Article IX -- Miscellaneous Section 1. Para 1: These By-laws may be amended at any Commission meeting by a vote of two-thirds of the representatives present and eligible to vote, provided that any such amendment is read at two (2) meetings and that all Commission delegates and alternates were notified of the proposed change prior to each of the two (2) meetings. Para 2: The Charter of this Commission shall be displayed at Veterans Memorial Hall in a frame and a copy of its Constitution and By-laws shall be properly affixed to its back, a copy kept at City Hall, and also in the Commission's file. Para 3: No part of the net earnings, property or assets of this Commission shall inure to the benefit of any organization, private person, or any member, officer, or director. Article X -- Parliamentary Authority Section 1. Roberts Rules of Order, newly revised, shall govern in all cases not specifically covered by this Commission's Constitution and By-laws. APPROVED: ATTEST: Craig White, Chair Randy Miller, Vice Chair Memorial Hall Commission CERTIFIED: Quentin Hart, Mayor City of Waterloo Marcia Courbat, Secretary/Treasurer Wage Page 356 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department July 3, 2023 AGENDA ITEM TITLE Motion to receive and file Leisure Services Commission Board minutes of May 9, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board Minutes 5-9-2023 Page 357 of 530 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, May 9, 2023 300 Jefferson Street The meeting was held in the Cedar Valley SportsPlex Multipurpose Room at 300 Jefferson Street. The meeting was called to order at 7:30am. Present: Council Liaison Dave Boesen, Jessica Rucker, Ellen Vanderloo, Tom Christensen, Bob Bamsey, Tim Moses (arrived at 7:44 Tom Powers Staff: Paul Huting, Chris Dolan, Travis Nichols, Bob Etringer, Todd Derifield, JB Bolger, Maria Kuiper Absent: Allison Richter Tom Christensen called for approval of the agenda. Motion by Tom Powers to approve the agenda, second by Bob Bamsey. Ayes: All Nays: None Tom Christensen called for motion for the approval of the April 11, 2023 meeting minutes. Bob Bamsey motioned to approve meeting minutes, second by Tom Powers. Ayes: All Nays: None Tom Christensen called for approval of the bills. Questions were answered. Motion to approve April bills by Bob Bamsey, second by Ellen Vanderloo. Ayes: All Nays: None CLOVERDALE PARK LEASE Our 3-year lease from Black Hawk County for Cloverdale Park will expire on June 20, 2023. We have developed and maintained this 4 acre park since 1977. This is a popular neighborhood park site. Motion by Bob Bamsey to recommend approval of the lease to City Council, second by Ellen Vanderloo. Ayes ALL Nays None TRANSFORMING GATES AND BYRNES PARKS PROJECT UPDATE Paul Huting provided an update on the project. He shared a letter he sent to funders. STAFF UPDATES Forestry — Todd Derifield On Thursday, May 4, we successfully distributed 242 trees to Waterloo Citizens as part of the Plant Waterloo program. Thanks goes out to the Young Family Foundation for sponsoring the event and to Ellen Vanderloo for her help at the distribution. The Highland Neighborhood planting has been postponed to Friday, May 12, due to utility locating issues. All 48 plots of the Highland Park Gardens have been allocated. Many ethnicities from across the city are represented at the gardens including Congolese, Burmese, Marshallese, and Hispanic. The Blue Bells are blooming in the Katoski Greenbelt right now and if you haven't seen this before you need to witness it. Best area to view the Blue Bells is south of Ranchero road along the Katoski Greenbelt trails. Sports and SportsPlex — Bob Etringer Byrnes Pool The Byrnes pool season is quickly approaching. May 15-21: staff will be cleaning pool/facilities Week of May 22: fill Byrnes pool June 3: Byrnes opens to public June 5: Swim lesson programming starts July 23: Byrnes last day Page 358 of 530 Joel Shepard partially filled Byrnes Pool last Wednesday 5/3 and marked the water line. It held water overnight. He left the water in thru Thursday 5/4, just to be sure. That tear we welded up must have been part of the problem last year. The pumps did start and run on 5/3. He didn't run them only a minute or so, just to test. I won't be able to check the pool piping for leaks till pool is full. Sports Optimist Baseball and Softball began Monday 5/8. 460 players which make 48 teams in 2nd_8th Golf Academies. Spring Soccer is ending. USSSA is done in May. SportsPlex May 22nd is the Iowa State Tailgate Tour. It is 5:30-7:30 at the SportsPlex, Program begins at 6:30. May 23-24 Boys State Tennis at Byrnes Park Tennis Center May 26-27 Girls State Tennis at Byrnes Park Tennis Center SportPlex hosted 3 post proms this season. Construction — Travis Nichols The construction crew has switched over to the summer fulltime garbage route that is run 5 days a week. Restroom cleaning and inspections are full bore as all restrooms are opening including 90% of drinking fountains. Staff continue to do park inspections on Mondays and Fridays and use those inspections to generate work and maintenance repairs on park facilities. The Gates Park Project's bid opening is this Thursday at 1 pm and the public hearing for the project is Monday May 15th. The City engineers have completed the design for the Greenbelt Phase II Project and will be going out to bid shortly. We have broken ground on the Edison Park and have shelter footings installed and will grub out soil this week for playground. The playground will be installed May 17 and 18 if weather permits. Golf and Downtown Area — JB Bolger Golf rounds report was distributed. Golf courses are looking positive with daily play and sale of tickets. We are in discussion with the USDA on contracts to help mitigate crows, geese and pigeons. Hotel Motel funds are available to help fund this contract. On Thursday there is a meeting for the punch list for the 4th street pedestrian bridge river lights project. Taylor Mork is the new superintendent at the Iry Warren Golf course. He started in January. Young Arena — Chris Dolan Waterloo Black Hawks season ended Sunday April 30. They were defeated in the second round of the playoffs by Lincoln in a best of three series. The Waterloo Black Hawks attendance total for the season was 79,320 for 33 games including playoffs. The per game average was 2,403. Preventative maintenance and improvements are being coordinated for the ammonia ice system, Munters Dehumidification system, Evaporative condenser. The Leisure Services beverage agreement with Pepsi will conclude on August 31. Leisure staff is working with the city attorney to prepare request for proposal. Page 359 of 530 The next regular Leisure Services Commission Meeting will be held Tuesday, June 13, 2023. Motion made by Ellen Vanderloo to adjourn the meeting, second by Tim Moses. Tom Christensen adjourned the meeting at 8:25am. Jessica Rucker, Secretary uli3hfl. Date Page 360 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department July 3, 2023 AGENDA ITEM TITLE Motion to receive and file Leisure Services Commission Board minutes of May 26, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board Minutes 5-26-2023 special session Page 361 of 530 MINUTES WATERLOO LEISURE SERVICES COMMISSION *SPECIAL SESSION* FRIDAY, May 26, 2024 300 Jefferson Street The meeting was held by ZOOM. The meeting was called to order at 7:30am. Present: Council Liaison Dave Boesen, Allison Richter, Ellen Vanderloo, Tom Christensen, Jessica Rucker, Bob Bamsey, Tim Moses, Tom Powers Staff: Paul Huting, Travis Nichols, Bob Etringer, Todd Derifield, Chris Dolan JB Bolger Absent: Tom Christensen called for approval of the agenda. Motion by Tom Powers to approve the agenda, second by Ellen Vanderloo. Ayes: All Nays: None RECOMMENDATION ON CONTRACT AWARD FOR GATES PARK IMPROVEMENT PROJECT Bids were opened on May 11. The public Hearing and Bid reading was held at the May 15 City Council Meeting. Bid tabulation was distributed and bids were reviewed by staff and consultants. Paul Huting presented new information concerning funding for this project. After discussion, Tom Christensen made a motion to forward the following recommendation which supersedes the Commissions' recommendation of May 23, 2023. The Leisure Services Commission pass a motion to forward a recommendation that City Council accept the low responsible bid for the Gates Park Improvements Project from Woodruff Construction of Waterloo, Iowa as follows: Division I $ 8,731,000.00 Alternate I $ 631,172. 82 Total $ 9,362,172.82 With the understanding that we will collaborate with the Contractor for significant value - engineered savings while still constructing all major elements of the project. Second by Tom Powers. Ayes: all Nayes: none Motion made by Jessica Rucker to adjourn the meeting, second by Tom Powers. Tom Christensen adjourned the meeting at 7:39am. Jessica Rucker, Secretary Date Page 362 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department July 3, 2023 AGENDA ITEM TITLE Motion to receive and file Leisure Services Commission Board minutes of May 23, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board Minutes 5-23-2023 special session Page 363 of 530 MINUTES WATERLOO LEISURE SERVICES COMMISSION *SPECIAL SESSION* TUESDAY, May 23, 2024 300 Jefferson Street The meeting was held in the Cedar Valley SportsPlex Multipurpose Room at 300 Jefferson Street. The meeting was called to order at 9:00am. Present: Council Liaison Dave Boesen, Allison Richter, Ellen Vanderloo, Tom Christensen, Bob Bamsey, Tim Moses, Tom Powers Staff: Paul Huting, Travis Nichols, Bob Etringer, Todd Derifield, JB Bolger Absent: Jessica Rucker, Chris Dolan Tom Christensen called for approval of the agenda. Motion by Tom Powers to approve the agenda, second by Bob Bamsey. Ayes: All Nays: None RECOMMENDATION ON CONTRACT AWARD FOR GATES PARK IMPROVEMENT PROJECT Bids were opened on May 11. The public Hearing and Bid reading was held at the May 15 City Council Meeting. Bid tabulation was distributed and bids were reviewed by staff and consultants. After much discussion, Bob Bamsey made a motion to reject all bids for the FY2023 Gates Park Improvement Project. Second by Tim Moses. Ayes: all Nayes: none Motion made by Bob Bamsey to adjourn the meeting, second by Allison Richter. Tom Christensen adjourned the meeting at 9:33am. una U(k_- Jessica Rucker, Secretary ket ki4111 to Page 364 of 530 Board Information for Special Meeting on Contract Recommendation for Gates Park Improvements 1. Bids were opened on May 11 and the low bid from Woodruff Construction approximately 20% over estimate, approximately $1.7 million more than estimated. ($9.36 million with South Gates and $8.73 million without South Gates). 2. The total Gates Improvement project cost with current low bid would be $12.1 million with South Gates and $11.6 million without South Gates (with equipment purchases, design costs, and other miscellaneous Gates Park expenses totaling $2.7 million). Available funds are insufficient to cover these costs and those of a new pool at Byrnes. 3. Legal staff has recommended against awarding low bid with the intent of implementing large change orders to reduce overall project cost (would substantially change project scope). 4. Staff recommendations: 1) Reject all current bids. 2) Redesign buildings and other components (those that came in substantially over estimate) to substantially decrease costs. 3) Add multiple alternates to allow project elements to be removed from the contract as needed to meet budget. Byrnes Pool design is still underway and similar measures are being taken with those project building specifications to help hold the overall costs down with an option to renovate the existing bathhouse building vs. new construction. Recommended formal action: Motion to Recommend that City Council reject all bids for the FY2023 Gates Park Improvements Project Page 365 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department July 3, 2023 AGENDA ITEM TITLE Sherman Wise Board/Commission: Experience Waterloo, Expiration Date: July 3, 2026 (Renewal) RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board & Commission Application - Sherman Wise Page 366 of 530 RECEIVE) APR 3 0 2014 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: Uy j 2(1/ 1�4 I, )he',rm on VJ Se 1. \'J ake rl(oo eC\("#� , request to be appointed to (state preference): 2. Home Phone: (3I )1A3O - 700 Cell Phone: SC11%lWork Phone: (3V1) 505 , 2 I33 Home Address 9111 `\J Por-ke.r Si- Zipcode 50705 Employer Pc e rn ter Stc ( -(' 1, r. Title A C c oUn-t t\A onc ler- Employer Address 2 09 i- Inive,vr', Av.. Zipcode 50701 How long have you resided in Waterloo? 33 years List current membership in organizations and offices held: Mr.tuber o-C {\lE BBC.. I am available for meetings: E 1A.M. WP.M. 'Noon G/E'yenings I am available to serve on a Board/Commission the entire year: CYYes 0 No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: S f )riti'e ex-1 cn tied c nce Ire ur-<<1cr f__;k4),11c4 0.11A %or (kaIn -�� �r1� •\A •C11VC%CSC. Ift( ..Clti ��,te�r���. N � bie� �.� �11�fa 1#ICG�i -1-1-1(kt i 1ooe. r'�'ly ccxnr ,u,r:►-tNI NIA\�1nnk f� coo r--\\i tick cor tk. L6_1 cx-rocfh Additional information and comments that may not be evident from information already on this form: 1 - Woo\cl lac (-An k'lonoir -b `ervp bo-kxck References (include phone numbers): Kt -A? t r" 'r Y►k\\ ('31 (l } Li 33- 12- 2.b (t.0 c 111 !rl 5-l« -4 ('dig) 501 -Colo ��1�c y� c�oi�l,����► (3i9) 26i6 - 015-7 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate train g sessions. This application will remain valid and on file f one calendar year from a ove date. /e3/54 ' Is f / 4,cm Lio w e (& i a_oics V- 6,t 1 to k.6 Signature (. Lk. hp � om e IveU�' 3'i��- nature � -t��,.��,�r�,��� gyp,, RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 7"�—' n aa�2/20„ FAX 291-4286; EMAIL: mavor@waterloo-ia.orq; PHONE 291-4301 y „21,, d 1.0/a47/7 ,d 3y; � � /�/moo !�%a/r2 elgpi)4 d 4 5fte 4efm ; ueV-P L4,13003 Page 367 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department July 3, 2023 AGENDA ITEM TITLE Tom Powers Board/Commission: Experience Waterloo, Expiration Date: July 3, 2026 (Renewal) RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board & Commission Application - Tom Powers Page 368 of 530 CITY OF WATERLOO, IOWA RECEIVED JUN 12 2020 BOARDS & COMMISSIONS APPLICATION Date: i / -/� a z� /, i 7)e --3 (Name) p 1. 4-, /- V ' F r / P / �.,l��t�r /d 2. Home Phone: ?l '2-3 d 1LYe7Phone: / 2 .Je, % /i . 3 Work Phone: Email Address /c) /v1 vt u�'3, /de1 /rY" ()2 i /, ( Home Address i' a n,,�y„' 11 Zip Code S� 7 t) f Employer 'PK ��-(..5-//,%rit. 4i'f'/r4)0,1- /I 1'-iiTitle 0/4-- Employer Address , r Zip Code --t-6 'D How long have you resided in Waterloo?S 7 yrs Email address:/O ss?,c• fS ' toe? 1 f/6 {' 7—,c�.,.f ,C_�, List current membership in organizations and offices held: , / � /- /- 5 , f2/sue% a ,-• f 6 G16149/ /, ) 64:3-/r/ U cc // dam C C?iys fl lv// —'r� , request to be appointed to (state preference): I am available for meetings: E M. M. [JN&,n Evenings I am available to serve on a Board/Commission the entire year: ()Yes QNo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: 1 / / /�4 L-ae l U1:''X o 1ti 141° ' (4 o ;/e/,: , +� �� ,/ re ry / Jr Lt✓<Y i t �°•'Ifit`.' '�- ertf% G n /,r'fcr G,4 •YJ[�e/fd. e Y G /( rvd,w-�S f L r*- tPj !-� (loci e0/li ' . /P1. I i' v ty I: 0S t — v 6: he4 C_ o L.? 12.,1a / i i / < Additional information and comments that may not be evident from information already on this form: !,�✓ 4/ V / e' j r f !-/ j/�Y ✓ i 6' yr t +G 1,0041. k lb") \A /' 1 vo e v v l 01 / w gy p, r a41 /i i d- u. es r Cs te j, a References (include phone numbers): ` ,1 c2 n fYv t• Pt 3% </ 397 - �r Gf //:y 1 / rG, "3/7 ' - ?/ 3s17:44f,s //cfi.// '/�I-� �7G7 1t, 773 .55 S ' understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. Thisjpplication will remain valid and on file for one calendar year from above date. Signature / r(iff/ Submit Application Here or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA Rav02/2012020 50703 FAX 291-4286; EMAIL: mayorAwaterloo-ia.orq; PHONE 291-4301 R pp+ a 40 .C-2r--ku114eirn; , 1100P-- Page 369 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department July 3, 2023 AGENDA ITEM TITLE Motion approving appointment of Bridgett Wood to the position of Finance Director in the Finance Department, effective July 4, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. DIRECTOR OF FINANCE 6.8.2023 Page 370 of 530 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Director of Finance Department: Finance Reports To: Mayor Work Location: Finance Employment Status: /1 Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time n Temporary Part Time from to ❑ Regular 7-Month n Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ❑ Yes ® No ® Internal Posting Only Bargaining Position: ❑ Yes ® No ❑ Internal Posting and External Advertising Bargaining Group: Non -bargaining Position: ® Yes ❑ No ************************************************************************************************* Complete the following if the requisition is to fill a vacancy: ® New Position or ® Replacement Position for: Position replacement for Michelle Weidner (Specify name and title of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 9/ 1 /2022 Date of final payout: 9/23/2022 Anticipated start date: 7/1/2023 No. of hours/week: 40 Work schedule: M-F, meetings as needed Justification of need for position: The CFO position was not filled when MW left the city. Bridgett was brought on as a Finance Manager with the expectation the structure of the department would be re-evaluated later. What are the likely consequences if the position is not filled? The Finance department needs a leadership position but still have some oversight from the Mayor. APPROVALS Annual salary requirements: $120,00 Hourly Rate: $57.69 Benefits: regular FT benefits (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: 2 e th'i %/or 06/12/2023 11:58 AM EDT Que,ths 1itr 06/12/2023 11:58 AM EDT Submitting Department Head Date Mayoy'/ ` i Date 6/4B 06/12/2023 12.39 PM EDT Chief Financial Officer 2F7 �s Date ' Human Resourc8s Director 06/15/2023 05:30 PM EDT Human Resources Committee Chairperson Date Created 6/30/2017 Page 371 of 530 PERSONNEL REQUISITION The following questions are provided as guidelines to assist you in developing your rational for the position of Director of Finance in the Finance Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Plans, organizes and directs all municipal fiscal activities including financial investments, Citywide budget development, accounts receivable and payable, accounting purchasing, billings and collections. Direct planning organizations and maintenance of central accounting systems including pre -audit, posting of expenditures, accounting controls, data processing reporting, investment policies and procedures, bond and other indebtedness issuance and control. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? These responsibilities cannot be given to other employees. The depth and knowledge required for this position requires years of experience in a leadership position with proper education. (3) How is the work of this position being accomplished now? The work of the finance director is being done by the finance manager. (4) Are the filled positions in your department currently being utilized to their maximum potential? The positions are being used to their full potential. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position will provide leadership and move into the functional aspects of the finance director. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Page 372 of 530 There will be cost savings by changing the CFO to finance director and promoting within to finance manager. There will be significant savings and restructuring of the department. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? N/A (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The position has changed from resembling a city manager to just Finance Director. This position no longer moves in so many personal areas in departments but just financial oversight. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. The direct leadership in the department and the way in which financial institutions deal with our city. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? We will promote a staff person (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? We researched in the past and there were no firms that would be able to help with the day to day activities and supervision necessary. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Top 2 positions Page 373 of 530 (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Plans, organizes and directs all municipal fiscal activities including financial investments, Citywide budget development, accounts receivable and payable, accounting purchasing, billings and collections. Direct planning organizations and maintenance of central accounting systems including pre -audit, posting of expenditures, accounting controls, data processing reporting, investment policies and procedures, bond and other indebtedness issuance and control. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 374 of 530 CITY OF o ' TERLOO Conn unity of Opportunity DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT FINANCE $120,000 NON-EXEMPT EXCLUDED NON -BARGAINING GENERAL STATEMENT OF DUTIES Professional, administrative position responsible for coordinating fiscal activities for the City as a whole and the administrative, operational, financial and personnel activities of the Finance Department guided by the Accounting principles of the GASB. The work is performed under the general direction of the Mayor but considerable leeway is granted for the exercise of independence judgement and initiative. Supervises and coordinates the work of several professional staff. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Plans, organizes and directs all municipal fiscal activities including financial investments, Citywide budget development, accounts receivable and payable, accounting, purchasing, oversee payroll processes, billings and collections. 2. Directs planning, organization and maintenance of central accounting systems including pre - audit, posting of expenditures, accounting controls, data processing reporting, investment policies and procedures, bond and other indebtedness issuance and control. 3. Plans and directs the compilation of various statistical, accounting, finance, monthly expenditure and revenue reports for all City departments, State and Federal government bond writing agencies, bond consultants, actuaries and investment firms. 4. Develops annual citywide budget documents and recommendations and short and long-term budget objectives in conjunction with department heads, Mayor and City Council. Engages in an ongoing analysis and evaluation of all aspects of the financial status of the City. 5. Reviews proposed ordinances and resolutions relating to City financial matters such as investment policies and procedures. 6. Advises and consults with Mayor, City Council, and department heads on the financial condition of the City and legislative concerns. Page 375 of 530 7. Directs receipt deposits and investments of all City monies within established investment policies and procedures and applicable State laws. 8. Oversees City purchasing system 9. Meets with individuals, community and civic groups and other government agencies regarding municipal finance, budget and property tax issues. 10. Attends meetings such as City Council, budget review and staff meetings. 11. Summarizes information orally and in writing from reports, meetings and articles. 12. Prepares statistical tabulations, charts and graphs to illustrate financial planning objectives and fiscal situation; conducts research and analyzes complex financial and tax issues. 13. Answers questions from elected officials, the media, other department heads, State and Federal agencies and members of the general public regarding City financial matters; speaks to community groups and businesses regarding complex financial issues affecting the City. 14. Supervises, directs, disciplines, and reviews work of Finance staff; interviews, selects and evaluates staff. 15. Compiles reports, performs data entry and completes forms on personal computer using the applicable software. 16. Works independently and with others with limited supervision. 17. Attends work regularly at the designated place and time. 18. Performs all work duties and activities in accordance with City and Finance Department policies, procedures and safety rules. 19. Performs related work as assigned by the Mayor. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Extensive knowledge of municipal bonding, cash management and investment programs, billing systems financial reporting and governmental accounting procedures. 2. Extensive knowledge of the principles, methods and practices of municipal finance and accounting. 3. Knowledge of the methods and techniques of preparing a fiscal year budget according to Generally Accepted Accounting Principles and State required reporting formats. 4. Ability to coordinate, direct and review the programs and activities of department personnel in the delivery of a variety of City services and programs; ability to make independent decisions, to develop rules, policies, regulations and programs for the Finance Department and to interview, select and evaluate staff. 5. Personal computer skills and ability to learn related software applications, enter and retrieve information on a computer, develop computer -generated reports and update records. 6. Ability to analyze and interpret data and review materials on a variety of complex financial and property tax matters. 7. Ability to establish and maintain liaison with Federal, State and other government subdivisions, businesses, civic and citizen groups. 8. Ability to review complex operating and financial statements and administrative reports. 9. Ability to keep accurate and thorough records. 10. Ability to speak to community groups and businesses on complex financial issues. 11. Ability to respond to questions from State and Federal government agency representatives, the media, other department heads, elected officials and the general public tactfully and in a clear, concise and easily understandable manner. Page 376 of 530 12. Ability to communicate effectively both orally and in writing and maintain working relationships with other City employees, elected officials, Federal, State and other government subdivisions and agencies. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic, and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's Degree in business administration, finance, accounting, public administration or related area. Prefer MBA or CPA. 2. At least 3 years progressively more responsible public sector experience including supervisory experience in financial administration or closely related area; prefer municipal finance experience in a City/County of similar size. 3. Knowledge of computer technology and related financial software applications. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 4. Must have Iowa Driver's license and good driving record based on the City of Waterloo insurability criteria. ESSENTIAL PHYSCIAL ABILITIES The following physical abilities are required with or without accommodation. 1. Speech and hearing that permits the employee to communicate effectively with other employees, elected officials, Federal, State and other government subdivisions and agencies in person or by telephone. 2. Personal mobility that permits the employee to operate a passenger vehicle safely, attend meetings both in and out of town and physically move from one City department or facility to another. 3. Vision and manual dexterity that permit the employee to operate a personal computer, handle files and perform other administrative responsibilities. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. WORK SCHEDULE Generally, 8:00 a.m. to 5:00 p.m. Monday through Friday with one -hour unpaid lunch. Must also be available outside these hours for department or City activities or meetings that require the attendance of the Director of Finance including Council Meetings, budget review meetings and staff meetings. Will have to make out -of -State trips a few times each year. DIRECTOR OF FINANCE MARCH 2023 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 377 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Julie Dawson, Housing Authority Director Housing Authority Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Motion approving appointment of Pamela Patrou to the position of Part -Time Receptionist in the Housing Authority Department, effective July 6, 2023. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This is not a civil service position. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Federal HUD Grant administrative fees budgeted for FYE2024. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. JOB DESC PART-TIME RECEPTIONIST 2. PERSONNEL REQUISITION QUESTIONS PART-TIME RECEPTION - 2023 Page 378 of 530 3. PERSONNEL REQUISITION REGULAR PART-TIME RECEPT Page 379 of 530 CITY OF WATERLOO PART-TIME RECEPTIONIST - HOUSING AUTHORITY Part time 20 hours per week $15.00 per hour IPERS only GENERAL STATEMENT OF DUTIES Working under the general direction of the Housing Authority Bookkeeper/Administrative Assistant, serves as the first point of contact for visitors to the Housing Authority Office. Work is performed with limited supervision. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Greets the public and answers incoming phone calls, providing information based on knowledge of Housing Authority programs, policies, regulations and procedures or directs inquiry to appropriate person. 2. Uses Microsoft Word and Excel or other applicable software. 3. Handles incoming and outgoing correspondence and routes department mail. 4. Prepares necessary packets for appointments, prepares mailings, posts housing assistance payments to register, files tenant files as needed. 6. Communicates with and maintains effective working relationships with supervisors, coworkers, tenants, landlords and the public. 7. Makes decisions in accordance with department policies and established regulations. 8. Works independently and with others with minimum supervision. 9. Performs data entry and completes applications for housing assistance on computer using application software. 10. Attends work regularly at the designated place and time. 11. Performs all work duties and activities in accordance with OSHA, City and Housing Authority policies, procedures and safety rules. 12. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of standard office practices and procedures. 2. Knowledge of office equipment including personal computer and basic computer programs. 3. Knowledge of and ability to use Microsoft Word, Excel and other specialized software applications appropriate to assigned duties and responsibilities, enter and retrieve information and update records on computer. 4. Ability to answer questions and provide information to tenants, landlords and the public in person and over the phone in a clear, concise and easily understandable manner 5. Ability to keep accurate and thorough records. 6. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. Page 380 of 530 7. Ability to maintain confidentiality regarding sensitive information. ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/GED and some experience in general clerical work. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Speech and hearing that permits the employee to communicate effectively with other employees and the public in person or by telephone. 2. Sufficient vision and manual dexterity that permits the employee to operate a personal computer and other standard office equipment, handle files and perform other support responsibilities. 3. Sufficient personal mobility that permits the employee to move from one work area to another. WORK SCHEDULE Flexible schedule between the hours of 8:00 a.m. — 5:00 p.m. Monday thru Friday. Will work no more than 20 hours per week. Page 381 of 530 PERSONNEL REQUISITION Part -Time Receptionist The following questions are provided as guidelines to assist you in developing your rational for the position of Part -Time Receptionist in the Housing Authority Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Answering the phone and transferring to the appropriate person, answering general questions regarding the housing assistance we provide, as well as other community resources. Greeting clients/landlords, etc. at the front desk and assisting them with copies, etc., or letting others know they have appointments. Making packets for reexamination appointments and briefings. Posting monthly payments in register book after they are processed. Entering paper applications into housing software. Other clerical duties as needed, including large mailings and filing. (2) Can the job responsibilities of this position be assigned to other employees within the department? No. If no, why not? The current full-time Bookkeeper/Administrative Assistant has many other job duties which require some uninterrupted time, so that errors are avoided. They include weekly payment vouchers, housing assistance payments, payroll, voucher management system reports, the monthly account summary for Ridgeway Towers, and pulling applicants off of the waiting list for final eligibility. She also serves as the "office manager" and is responsible for ordering all supplies and printing orders. Housing Coordinators in the office can fill in during lunch breaks, etc., however, they are also have many other duties and cannot complete the above responsibilities in addition to their current workload. (3) How is the work of this position being accomplished now? We are behind on entering applications, and the Director is processing the voucher management system reports, and the account summary. Although we had a temporary -part time person funded through the CARES Act and leftover funds from a previously vacant Housing Coordinator position, we have been struggling since June 30, 2022 to complete all of these required duties. We do hire a temp for days when our full-time receptionist is on vacation and when she has back-to-back waiting list appointments for several days in a row (every other month). (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a Page 382 of 530 regular position)? In 2021, when we hired our temporary receptionist through July 31, 2022, we had hoped to be able to hire another AARP employee, or have enough funds for the regular part-time position. Unfortunately, we were unable to accomplish either so we have been making due as explained in question #3. As our funding levels from HUD have continued to increase, we now have funding available for the permanent part-time position. As our office continues to have increased reporting requirements, higher mandatory leasing levels, and increased numbers of special purpose vouchers, it is necessary for the Housing Authority to hire someone for this position. In the future, hours may need to be increase, or may even consider another full-time position. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Will not need to hire temporary services in almost all cases. (7) (8) (9) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? We have not been paying overtime as we are not allowed to do so. In order for the bookkeeper/admin assistant to keep up with all of her other responsibilities, we need this position. Otherwise the Director has to assist with bookkeeping and waiting list responsibilities in order to make sure things are completed. How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Five years ago the Housing Authority was only authorized 1056 vouchers. Most of the time, we were leased between 980 and 990. We are now authorized 1106 vouchers (including 3 new voucher programs — VASH, FYI and EHV), and are generally leased between 1000 and 1030. Staffing has not changed since the late 1990s. If this position is not filled, what affect will it have on your department? As stated above, the Director continues to complete financial tasks that are supposed to be the responsibility of the full-time Bookkeeper/Administrative Assistance. Housing Coordinators must help out with receptionist responsibilities, at a detriment to their own work. What work will not get done? Paper waiting list applications have not been entered into the system since August of 2022. What costs will you incur? Temporary assistance when Jenny is out of the office and has waiting list appointments. Please be as specific as possible. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Receptionist duties are handled by a temp. Page 383 of 530 Payment vouchers, housing assistance payments, and another financial duties are handled by the Director. (11) Is it possible that the City could outsource this position to an outside agency? No. It takes someone with special skills to handle the pace of our office, as well as many difficult tenants, landlords, etc. that call and/or come in. If so, what savings, if any, would the City realize as a result of this change? N/A (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? At this point, I believe it to be just as important as the Bookkeeper/Administrative Assistant position, because it enables her to be able to complete her assigned duties. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? The Housing Authority's homeownership programs including Voucher Homeownership and Down Payment Assistance encourage new property tax payers in our community. The more taxpayers... the lower our levy rate. Also, as housing is essential to quality of life, and is the foundation for families, having decent, safe and sanitary housing is important to reducing crime and making Waterloo a safe place to live. This position is crucial to providing these services to the citizens of Waterloo. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 384 of 530 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ❑ To fill a vacancy n Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ************************************************************************************************** Position Title: Part -Time Receptionist Department: Housing Authority Reports To: Julie Dawson, Director Work Location: Carnegie Annex Employment Status: ❑ Regular Full Time ❑ Temporary Full Time from ® Regular Part Time ❑ Temporary Part Time from ❑ Regular 7-Month ❑ Intern/Co-op Student from Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: Non -bargaining Position: to to to Recommended Recruitment Sources: ® Yes (not sure)❑ No n Internal Posting Only n Yes ® No n Internal Posting and External Advertising ® Yes ❑ No ************************************************************************************************* Complete the following if the requisition is to fill a vacancy: ® New Position or ❑ Replacement Position for: (Specify name and title of former incumbent) If replacement, former incumbent: ❑ Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: Date of final payout: Anticipated start date:07/01/23 No. of hours/week: 20 Work schedule: Mon thru Fri (4-5 hours each day, will vary) Justification of need for position: The Housing Authority is in great need of someone to answer phones and assist walk-ins due to the extremely busy nature of our office. In order for the full-time Bookkeeper/ Administrative Assistant to complete her tasks efficiently and without error, she needs to have uninterrupted time to do so. The only way that this is possible is with the addition of someone to help with the receptionist duties. What are the likely consequences if the position is not filled? Reports will not be submitted on time, and will most likely contain errors. Voucher issuance delayed from waiting list. HUD may reduce funding if incorrect information is reported. APPROVALS Annual salary requirements: $15,600 Hourly Rate: $15.00 Benefits: IPERs, any other required for part-time (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes n No If no, how will position be funded?_ Approved subject to the following conditions: Submitting Department Head Date Mayor Date Chief Financial Officer Date Human Resources Director Date Human Resources Committee Chairperson Date Created 6/30/2017 Page 385 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Martin Petersen, City Attorney City Attorney Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Motion approving appointment of Shannon Steimel from the current Civil Service List to the position of Clerk II in the Code Enforcement Department, effective July 4, 2023. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION $23.92/hour plus $1.00 extra following probationary period. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Certified List 2. CLERK II DESCRIPTION 15 Page 386 of 530 Page 387 of 530 CITY OF %VfATERLOO March 17, 2023 IOWA Community of Opportunity TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4303 L. Fax: (319) 291-4569 CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Clerk II for the City of Waterloo. This list shall be used to fill any vacancy in the Clerk II classification from May 19, 2023 — May 19, 2024. Respectfully submitted, Bee 4wd Dr. Bev Smith CERTIFIED LIST Andrea Lynn Yesenia Carrillo Cristian Garcia Rincon Admira Saric Jill McQuillan Shellie Crisman Eldina Musedinovic Shannon Steimel Melissa McNeal Trisha Ambrose 05/19/2023 06.45 PM EDT Date Dr. Robert Welch Date 05/19/2023 111aronne Kurt0 th0Ch 07:49 PM EDT Marianne Kurtnebach Date CLERK II DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT CLERK' OFFICE/ POLICE/ ENGINEERING/WASTE MGMT NON-EXEMPT INCLUDED TEAMSTERS LOCAL #238 GENERAL STATEMENT OF DUTIES Staff support position responsible for performing a variety of difficult clerical tasks within one of the above departments requiring the use of independent judgement. The work is performed under the general direction of a department head or designee. May direct the work of lower level clerical or temporary employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Performs data entry, types correspondence, reports and statistical data. 2. Collects and compiles manually and through computerized system. statistical data the use of a 3. Greets the public and answers incoming department phone calls as needed and provides information based on knowledge of department and City policies, regulations and procedures or directs call to proper person. 4. Performs minor bookkeeping and financial record keeping. 5. Collects fees and revenues, prepares receipts and maintains records of revenue/expense transactions. 6. May schedule and assign tasks to subordinate clerks and review their work for accuracy. 7. May prepare and input payroll data and other financial information. 8. May perform accounts receivable, accounts payable or banking functions. 8. Operates personal computer, typewriter, calculator, fax machine and other general office equipment. 9. May interpret technical data, review materials on a variety of projects and present facts and findings clearly and concisely to a supervisor, coworkers, City officials and the public. 10. May prepare written reports, complete forms and keep files up-to-date. 11. Communicates with the public, City officials and coworkers by telephone and in person. 12. Works under strict time constraints and stressful conditions. 13. Works independently and with others with limited supervision. 14. Attends work regularly at the designated place and time. 15. Performs all work duties and activities in accordance with City, depatliuent and OSHA policies, procedures and safety rules. 16. Performs other duties as assigned by a supervisor or designee. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of Microsoft Office software, in particular Word and Excel (testing of skills will be done). 2. Thorough knowledge of clerical functions, office procedures, terminology and equipment including personal computer. 3. Ability to type fifty (50) words per minute net of errors (verification of typing speed Page 389 of 530 required). 4. Ability to perform general office services, learn specialized computer software, develop computer -generated reports and keep accurate, thorough and updated records. 5. Ability to collect, analyze and present data from computerized reports in organized and understandable form. 6. Ability to answer questions and provide information to the public in person and over the telephone in a clear, concise and easily understandable manner. 7. Ability to write legibly, prioritize work, produce a quality work product within strict time lines and handle multiple tasks. 8. Ability to work independently and with others with minimum supervision and to direct the work of other employees. 9. Ability to exercise independent judgment and to make decisions based on department policies, City ordinances and established regulations. 10. Ability to establish and maintain effective working relationships with supervisors, coworkers and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED with minimum one year business clerical, secretarial, bookkeeping or other closely related experience in an office setting; prefer additional education beyond high school in business clerical, accounting or closely related field. OR Any equivalent combination of experience and education that provides the knowledge, skills and abilities necessary to perform the work. 2. Skilled in use of personal computer and Microsoft Office software (verification of skills through testing arranged by the City of Waterloo Human Resources Office). ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to communicate effectively with supervisors, other employees and the public in person or by telephone. 2. Sufficient vision and manual dexterity that permits the employee to operate a personal computer and other standard office equipment, handle files, perform customer service duties and other clerical responsibilities. 3. Sufficient personal mobility that permits the employee to move from one work area to another. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including a review of past employers and references. 2. Required to submit to and pass Civil Service written and oral examinations, as specified in job notice. 3. If position is filled as a promotional appointment, any regular employee who meets the minimum qualifications is eligible to apply for the position. WORK SCHEDULE Generally 8:00 a.m. to 5:00 p.m. Monday through Friday with one hour unpaid lunch, although hours may vary depending on depai tment, with earliest starting time 7:00 a.m. The City of Waterloo reserves the right to change these hours within the guidelines of the Teamsters contract. Occasional overtime. CLERK II DESCRIPTION 15 July 2015 Page 390 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Communication from the Fire Department on the notice of the conclusion of employment of Ben Lowe, Paramedic, effective 6/9/2023 with recommendation of approval of payout of $5,766.28 for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. LOWE PAYOUT 7.3.2023 Page 391 of 530 Page 392 of 530 To: City Council Members Re: Notice of Severance Department Waterloo Fire Rescue Job Title/Classification Today's Date: 6/2 02023 Effective Date: 6/9/2023 Employment Date: 1/2/2018 This is to report that the employment of Ben Lowe with the City of Waterloo has been severed by reason of: Retired Disability Related U No El Yes kJ Resigned Fl Termination Li Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comrnents: 52.60 48.00 28 43 28.43 $ 1,495.28 $ 1,364.45 36.00 28.43 (x) 25% $ 255.83 10.00 28.43 284.26 91.25 28.43 $ 2,593.87 -8,00 28.43 (227.41) 28.43 Total Payment 5,766,28 Approved by Human Resources Date/ — Date U ii 2,3 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Council Agenda Date: 71 (LI 7 Accruals LiStatus t..19 Page 393 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department July 3, 2023 AGENDA ITEM TITLE Liquor Licenses a. Broadway Liquor, 821 Broadway St., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/10/2024. b. Casey's General Store #2867, 2424 Ranchero Rd., Class E Alcohol w/Sunday Sales, Renewal - Exp: 6/14/2024. c. Highway 63 Diner, 3030 Marnie Rd., Class C Alcohol w/Sunday Sales, Renewal - Exp: 6/29/2024. d. Kwik Star #715, 1636 W. 4th St., Class B Alcohol w/Sunday Sales, New - Exp: 7/29/2024. e. Light House Lounge, 1307 W. 5th St., Class C Alcohol w/Sunday Sales, Renewal - Exp: 6/28/2024. f. Metro Mart #1, 3201 W. 4th St., Class B Alcohol w/Sunday Sales, New - Exp: 6/30/2024. g. Placita, 321 W. 4th St., Class B Alcohol w/Sunday Sales, New - Exp: 6/13/2024. h. West 5th Mart, 919 W. 5th St., Class E Alcohol w/Sunday Sales, New - Exp: 6/18/2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 394 of 530 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 395 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department July 3, 2023 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BONDS FOR COUNCIL APPROVAL_7.3.23docx Page 396 of 530 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL July 3, 2023 2255027 BAKER ENTERPRISES, INC. CLERMONT, IA 7901145615 EBB FLOW CO. DBA USTDW WALFORD, IA IA 590430 HOFFMAN & HOFFMAN TRENCHING, INC. CEDAR FALLS, IA IA5870525 JACOB DEVRIES CEDAR FALLS, IA B150025598 MICHAEL SCHILLER WATERLOO, IA BX0032117 P&G PROPERTY SERVICE, LLC WAVERLY, IA 55-207712 QUALITY CONCRETE CONSTRUCTION, INC. WATERLOO, IA 66699945 REDWOOD REAL ESTATE RESERVES LLC WATERLOO, IA DBA REDWOOD CONSTRUCTION IA5194532 ROGERS CONCRETE CONSTRUCTION, INC. ANAMOSA, IA IA5457413 WNADGL, LLC CEDAR FALLS, IA Page 397 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Request by NADROJ Reality, LLC, for a Site Plan Amendment to allow for construction of multiple contractor suites totaling 57,600 square feet plus a 40 foot x 60 foot 2,400 square foot covered loading dock in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to construct new contractor suites in the Waterloo Air and Rail Park. NEIGHBORHOOD IMPACT The request to construct the contractor suites would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other proposed industrial development in the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was being held by the Planning, Programing and Zoning Commission on June 13, 2023, and notices sent to property owners with 250 feet with the Planning, Programming, and Zoning Commission recommending approval 6-0. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 398 of 530 Lot 1 of Waterloo Air and Rail Park 1st Addition. ATTACHMENTS 1. Council Packet Page 399 of 530 June 13, 2023 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: Request by NADROJ Reality, LLC for a Site Plan Amendment to allow for construction of multiple contractor suites totaling 57,600 square feet plus a 40'X60' 2,400 square foot covered loading dock in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive. NADROJ Reality, LLC, 1715 West 1st Street, Cedar Falls, Iowa The applicant is requesting to construct new contractor suites in the Waterloo Air and Rail Park. The request to construct the contractor suites would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other proposed industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Warp Drive which is classified as a Local street and Leversee Road, which is classified as a Collector. There are no trails or sidewalks in the immediate project area. The area in question has been zoned "M-2,P" Planned Industrial District since June 7, 2010, when the land was rezoned from "A-1" Agricultural District. Surrounding land uses and their zoning designations are as follows: North — New industrial development, vacant land and Waterloo Regional Airport, zoned "M-2,P" Planned Industrial District. South — New industrial development, vacant Land, zoned "M- 2,P" Planned Industrial District. East — New industrial development, vacant Land and Waterloo Regional Airport, zoned "M-2,P" Planned Industrial District. West — Residential and vacant land in the City of Cedar Falls. No screening is required in relation to this request. It will be necessary that a SWPPP plan and storm water detention plan be submitted to the Engineering Department for review and approval. The proposed request would not appear SPA-N and E of 2510 Leversee Road Page 1 of 6 Page 400 of 530 March 14, 2023 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. The surrounding area currently has several industrial projects being constructed otherwise is vacant land to the north, south and east adjacent to the Waterloo Regional Airport. The homes to the west in the City of Cedar Falls were built between the 1930's and 1980's. None of the property is located in the 100-year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0166F, dated July 18, 2011. No schools are located within the vicinity of the site. Big Woods Lake recreation area is located 1/2 mile to the west of the site. There are no parks in the immediate vicinity. UTILITIES: WATER, There is a 12" water line located along the east side of SANITARY SEWER, Leversee Road, a 12" Sanitary Sewer line located underneath STORM SEWER, ETC. the east side of Leversee Road. There is a 12" Sanitary Sewer Line, 15" Storm Sewer, 8" Water Line, and Drain Tiles located in Warp Drive. L SPA -NE of 2510 Leversee Road Page 2 of 6 Page 401 of 530 March 14, 2023 Picture 1: Looking southeast from the corner of Leversee Road and Warp Drive toward the property in question. Picture 2: Looking south from Warp Drive. SPA -NE of 2510 Leversee Road Page 3 of 6 Page 402 of 530 March 14, 2023 Picture 3: Looking north from Warp Drive at recently approved Magnum Trucking site. Picture 4: Looking south from current east end of Warp Drive at new building recently constructed. SPA -NE of 2510 Leversee Road Page 4 of 6 Page 403 of 530 March 14, 2023 RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE STAFF RECOMMENDATION: The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting a site plan amendment to construct contractor suites in Waterloo Air and Rail Park. The west side of the site will include two 60' X 180' 10,800 square foot buildings connected with a covered loading dock. The east side of the complex will include 4 connected buildings, including a 100' X 120' 12,000 square foot building, two 40' X 60' 2,400 square foot buildings, and a 120' X 160' 19,200 square foot building for a total of 57,600 square feet. All of the buildings will have streel siding with multiple roll up doors. There will be a single driveway off of Warp Drive that will serve all the buildings along with a service drive to the west that will serve the two westerly buildings and the covered loading dock. Parking requirements are one space for each two hundred fifty feet square feet of office space and one space for every two persons employed on the maximum shift on the premises and will need to meet the requirement at the time of building permit review. The site plan currently shows 38 parking spaces. The area of the Site Plan Amendment had previously been approved by Ordinance 5493 on May 20, 2019, for a truck wash facility however, that project was not able to begin construction. The applicants are not planning to subdivide the property. During Tech Review, Engineering noted that they would need a drainage plan. The Fire department noted that they may need a turnaround on the south side of the property, that if the building is over 30 feet tall it will need aerial access, and the Fire Department and Building will need more details of the interiors of the buildings and occupants to determine if sprinklers and/or fire walls to be required. Therefore, staff recommends that the request by NADROJ Reality, LLC for a Site Plan Amendment to allow for construction of multiple contractor suites totaling 57,600 square feet plus a 40'X60' 2400 square foot covered loading dock in the "M-2,P" Planned Industrial District located at the southeast corner of Leversee Road and Warp Drive be approved for the following reasons: SPA -NE of 2510 Leversee Road Page 5 of 6 Page 404 of 530 March 14, 2023 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would appear not appear to have a negative impact on traffic conditions in the area, as this will be another addition to the industrial park. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks, etc. SPA -NE of 2510 Leversee Road Page 6 of 6 Page 405 of 530 City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 1 I 1...............; t.._.._ Southeast corner of Leversee Drive and Warp Drive Site Plan Amendment to "M-2,P" NADROJ Reality, LLC PQgc anF of S'(l City of Waterloo Planning, Programming and Zoning Commission June 13, 2023 Recently Approved Magnum Trucking SE corner of Leversee Road on Warp Drive Site Plan Amendment to "M-2,P" NADROJ Reality, LLC f7..,... AA7 ..F v0l1 FO G G G G G G G G (9oOq) '1 0 TI 0 z G G G G w 12"SAN X-12"SAN — w w X—, 2Warp Drive AN (60' R. O. W — X-1rg/\N — 11 -n 0 T 0 '1 0 m 0 • 011 0 '1 0 900.0' SANITARY SEWER EASEMENT z zZ 63.2' zz 10.0' OFF EX. GAS MAIN x D z 0 O • // / / ///// /////// / 18.5' - FO J/ X-12"SAN — w — X-12"SAN X-12'SAN w w J op i— z 03 WC ,, X-12' SAN X-12"SAN — V SAN M m ILI = W 0 in z z - FO FO • _ 30.0' w w -12 JAN A-12 SAN-- A-IC JA A —IL JAN A - IL JAN x- X t2 SAP W 12 JAN A —IL SAP — X-24"ST — — — X-24"ST — — — X-24"ST — F• — X-24"ST — — — X-24"ST — • - X-24"ST — X-24"ST — — — X-24"ST — — — FO PROPERTY INFORMATION: LOT 1 OF WATERLOO AIR AND RAIL PARK 1ST ADDITION ////////////////////// ZONING: / / M-2,P : PLANNED INDUSTRIAL DISTRICT / / ALL REQUIRED SETBACKS SHALL BE DETERMINED THROUGH / / PLAN REVIEW 4.0' / / / LAND USE: / By\gyp\NG / 1p0.X120 / TOTAL SITE AREA = 4.74 ACRES / EXISTING IMPERVIOUS AREA = 0.00 ACRES / / TOTAL IMPERVIOUS AREA = 2.97 ACRES / / SITE IS 62.7% IMPERVIOUS / / / / //////////////// / / / / / 40, X 60 / gyp\NG/ / c/ / / / / / 110.6' 1 18.5' f LOT 1 474 A S89°21'20"W 409.82' / / / / / / / cooNG / / / / //// / / / / / LOT c 3 44 A S89°21'16"W 300.03' NORTH 1-0 V) 0 a) U J t >— J W (1) >— W 0_ L 0 30' 60' (238006) • ••• • ••••.• • g • • go. . •&• . • - • f ' - :04r: • '-*.Z‹. • -46 - row Page 409 of 530 \ ` \ Page 410 of 530 „Ny\ N , 1 A lktN-v-*--v' ,------ / ', \ \ 4 hofk_y_t. \ x\m\ f kA \,/ 61s/ i v ,s.. 1 / e ' I 1 N /1"\ \ i / A \/ i s e .. / A , v N8 .,14 "s/ "PFILW-- 1 li V mill i / A ix,„,,,_ .. At ..f; \.. 4 1\, O ./ A ‘\, q,, ,1 $1' 1 / •1 4 , V ' ‘‘ /1 i / .J..y (-1--,, 2,-1/4., , tii\k\"/ 7 c _,,, :;,-- \TV ITA A/ / A \ Page 411 of 530 Page 412 of 530 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-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 — Business Name if Applicable (please print): f IA )?- o 1 ReAL1 1 144 Address: Ill 'c 1.) 1lb'r. St-9-0-1" Phone: (31‘) V6,3'9'1441 Fax:(31i0 2.66- 808 City: d tom- FAAJA State: rA '� Zip: 50 (.13 Email: STiPI4) a weiviki1U s . et, M b. Status of applicant: (a) Owner (b) Other_ )( (CHECK ONE): If other explain: DCAI o.2cr c. Property owner's name if different than above (please print): t✓;+.( a 1nilm4e6o° Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of site plan to be amended .111t ,cSc Z or'. 6' J_e,'J See. -* W os) 1,0 rt.. b. Legal description of property or portion to be amended: UJ.b'2'RLOo AV, MD RAIL. pp4.K 1ST APUT'Cr-oN3 c. Dimensions of proposed site plan amendment: ,00 . 4+ In .to x Soo •04 X 4o°I • �0 d. Area of proposed site plan amendment: LoT e. Current zoning: 1V\-2,e p £ Reason(s) for site plan amendment and proposed use(s) of property: PC,Qc1Ff'LU -� O' )eIO{D 1-114- g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): L{ go.,0 v►.1r - �, - (oa K Ig0 X la f-/00K12.4X*9.F1' I-1.0XE6bic �" 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 nonrefundable. 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. Signa of Applif, t Date Signature of Owner Pligte413 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE FY23 Sidewalk Infill, Ramp and Trail - Zone 3, Cont. No. 1079. RECOMMENDED COUNCIL ACTION MEETING DATE July 3, 2023 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. FY 2024 Sidewalk Infill, Sidewalk Ramp & Trail Repair Program - Zone 3_6.22.23 Page 414 of 530 FY 2024 Sidewalk Infi11, Sidewalk Ramp & Trail Repair Program - Zone 3 Bid Tab: June 22, 2023 Engineer's Estimate: Base Bid: $277,679.84 Alternate: $44,532.20 Total Base Bid & Alternate: $322,212.04 Bidder Bid Security Bid Amount Total Bid Div I $42,553.15 Total Bid Div 2: $89,058.86 Total Bid Div 3: $9,894.83 Brock Even Construction, LLC Total Bid Div 4: $29,113.60 Jesup, IA Total Bid Div 1 Alternate: $27,694.61 Total Bid Div 1,2,3 & 4: $170,620.44 Total Bid Div 1 Alternate: $27,694.61 Total Bid Div I $54,666.61 Total Bid Div 2: $85,915.70 Total Bid Div 3: $16,520.19 Midwest Concrete, Inc. Total Bid Div 4: $38,510.11 Peosta, IA Total Bid Div.1 Alternate: $35,452.64 Total Bid Div 1,2,3 & 4: $195,912.64 Total Bid Div 1 Alternate: $231,065.26 Page 415 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Manager Finance Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution approving the amendment to the current Consolidated Public Safety Communications 28E Agreement and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 28E Agreement All signed 2020 2. Amendment to Consolidated Public Safety Communications 28E for FY2024 Page 416 of 530 Page 417 of 530 CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS 28E AGREEMENT ARTICLES of 28E AGREEMENT made and entered into this / day of OG4-0 15c� 2020, by and between the parties, Black Hawk County, hereafter referred to as "County"; the City of Waterloo, hereafter referred to as "Waterloo"; the City of Cedar Falls, hereafter referred to as "Cedar Falls"; the City of Evansdale, hereafter referred to as "Evansdale'; the City of Hudson, hereafter referred to as "Hudson"; the City of La Porte City, hereafter referred to as "La Porte"; the City of Dunkerton, hereafter referred to as "Dunkerton"; and the City of Gilbertville, hereafter referred to as "Gilbertville'; or such of them as may become signatories hereto. IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: ARTICLE 1: PURPOSE For the purpose of gaining economy of operations while maintaining improving, and coordinating the professional dispatching of public safety services in Black Hawk County, the Consolidated Public Safety Communications Center, hereafter referred to as the "Center" is hereby created. The Center shall be operated and maintained pursuant to this Agreement and shall provide dispatch and communications services to all participating government agencies in Black Hawk County. ARTICLE 2: PLACE OF OPERATION The Center shall be housed at County expense in a facility provided by Black Hawk County. However, utilities, cleaning, remodeling and such other expense attributable to the Center operations will be prorated among the parties. ARTICLE 3: LEGAL STATUS No separate legal entity under Iowa law is created nor is any obligation incurred by the participating parties other than those specified in this Agreement or as may be added by amendment properly executed in the manner hereafter provided. This Agreement is intended to obligate the participants pursuant to Chapter 28E of the Code of Iowa. ARTICLE 4. COMMENCEMENT OF OPERATIONS Center operations shall commence on a date determined by the Center Board. Start-up costs and costs incurred in implementing this Agreement shall be advanced by the County and reimbursed according to the formula set out in this Agreement if some or all of the funding anticipated has not yet been received at time of commencement. The entities providing the funds shall be reimbursed proportionately. ARTICLE 5: DURATION The duration and existence of this Agreement shall be for a period of one year with automatic renewal unless terminated by the parties according to the terms of the Agreement hereafter provided. The attached assessments shall be reviewed every three years. Page 418 of 530 ARTICLE 6: CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS CENTER BOARD SECTION 1: There is hereby created a Consolidated Public Safety Communications Center Board, herein referred to as the Center Board, which shall be operated pursuant to this Agreement. SECTION 2: An eleven -member Public Safety Communications Center Board (hereafter referred to as the "Center Board") composed of: the Black Hawk County Sheriff, the City of Waterloo Fire Chief, the City of Waterloo Police Chief, the City of Cedar Falls Police Chief, the City of Cedar Falls Fire Chief, the City of Evansdale Police Chief, the City of Hudson Police Chief, the City of La Porte City Police Chief, the City of Dunkerton Police Chief, the City of GilbertviIle Police Chief, and one Fire Chief representing the other fire departments "whose home base is within a city that is located in Black Hawk County, is hereby created. SECTION 3: The Center Board shall adopt, establish and approve all policies and procedures and be responsible for the operation of the Center subject to the limitations and dispute resolution procedures of this agreement, except that the Center Board shall adopt Black Hawk County Personnel Policies, which shall be applicable to all Center personnel. SECTION 4: The position of Chairperson of the Center Board shall be selected by the Center Board on a majority vote on an annual basis. The Chairperson, through the Center Administrative Supervisor, shall cause minutes of the Center Board meetings to be prepared and distributed to the Center Board members and the participating cities' Mayors and the County Board of Supervisors. Each Center Board member shall be entitled to one vote. All meetings shall be governed by the parliamentary procedures set forth in Robert's Rules of Order. SECTION 5: The meetings of the Center Board shall be public proceedings subject to the Iowa Open Meetings Law. To the extent allowed by the Iowa Open Records Law, the minutes and records of the Center shall be public. ARTICLE 7: CONSOLIDATED OVERSIGHT BOARD PUBLIC SAFETY COMMUNICATIONS BUDGET SECTION 1: A Consolidated Public Safety Communications Budget Oversight Board (hereinafter referred to as the Oversight Board) composed of the County Board of Supervisors (who collectively shall have only one vote) and the Mayors of the participating cities is hereby created. This Board shall be called together by the Chairperson of the County Board of Supervisors in November of each year for the purpose of discussing and approving the budget of the Communications Center as proposed by the Center Board for the coming fiscal year. The Chairperson shall cause minutes of the Oversight Board meetings to be prepared and distributed to the Oversight Board members. Each Oversight Board member shall be entitled to one vote, except the County Board of Supervisors, who collectively shall have only one vote. All meetings shall be governed by the parliamentary procedures set forth in Robert's Rules of Order. SECTION 2: The Chairperson of the County Board of Supervisors may call additional meetings from time to time to discuss concerns. In the event of the unavailability of the Chairperson of the County Board of Supervisors, any two Mayors of participating cities may call a special meeting. SECTION 3: The meetings of the Budget Oversight Board shall be public proceedings subject to the Iowa Open Meetings Law. To the extent allowed by the Iowa Open Records Law, the minutes and the records of the Center shall be public. Page 419 of 530 ARTICLE 8: COMMUNICATIONS CENTER MANAGEMENT SECTION 1: All the usual and customary administrative, personnel, civil service regulations, accounting, budgetary, and procurement policies of Black Hawk County shall govern the Center in its operations and activities unless they conflict with policies and procedures adopted pursuant to this Agreement. Established collective bargaining agreements shall also supersede any Center Board policies or procedures. In the event of a conflict, except with regard to collective bargaining matters, the conflict resolution procedures of Article 8 shall apply. SECTION 2: The day-to-day operation of the Center shall be under the direction, supervision and management of the Chairperson of the Board, who shall delegate such authority for the operation and management of the Center as he or she deems appropriate, with the consent of the Center Board. The power of delegation includes the power to direct and control all Center personnel and operations of the Center pursuant to the operating procedures established by the Center Board. SECTION 3: The management staff of the Center shall be appointed by the Center Board, which will also have the authority to remove an employee from a position with the Center for reasons deemed sufficient by the Center Board. The management staff of the Center shall be supervised by the Chairperson of the Center Board on behalf of the Center Board, subject to County policies as set out herein. Center management shall comply with all administrative, personnel, accounting, budgetary and procurement policies of Black Hawk County unless they conflict with policies and procedures contained in this agreement. SECTION 4: The Chairperson of the Center Board shall appoint a Personnel Committee from the members of the Center Board. The Board Personnel Committee shall be responsible for all hiring and termination of Center employees as well as the issuance of disciplinary actions to Center employees. All actions of the Personnel Committee regarding hiring and termination of Center employees shall be ratified by the Center Board. ARTICLE 9: COUNTY EMPLOYEES All Center employees, including the management staff, shall be employees of Black Hawk County. Payroll and terms of employment shall be administered by Black Hawk County. ARTICLE 10: FINANCING The costs shares of the participants, the method of payment and special financing arrangements and ownership of property shall be as follows: All personnel, equipment, and operating costs shall be advanced by and billed through Black Hawk County. The participants shall reimburse Black Hawk County for same as set forth in the attached Exhibit A that represents each jurisdiction's share of personnel costs. The E911 board will pay for 100 percent of all E911 related costs that are eligible under Iowa Code Chapter 34A to be recovered from the subscriber access charge. Related E911 costs which are construed by this agreement to be included are, but not limited to, the installation of all necessary communications equipment and on -going system maintenance. Page 420 of 530 Reimbursement to Black Hawk County by the participants shall be determined as follows: Each participant's percentage shall be based on a percentage of the 3 year average calls for service and a percentage of the populations base. Starting FY21, it will be based on 10% population and 90% CFS (3 year average). Each year thereafter, the Board will determine if the amount of percentages will change. The Center's Board will apply these percentages and submit the calculations, along with their proposed budget, to member governmental bodies and the Budget Oversight Review Board by November of each year. This wiII provide sufficient time for review, work session and approval by each representative agency prior to the certification of their respective fiscal year budgets. ARTICLE 11: BUDGET PREPARATION SECTION 1: The annual operating budget shall be prepared by the Administrative Supervisor and submitted to the Center Board for preliminary approval in October of each year. SECTION 2: Copies of the projected costs for each agency for each fiscal year will be given to each representative agency as part of the budget process as stated in Article 1. SECTION 3: By November of each year, the Chairperson of the Center Board will forward the preliminary budget, along with the assessment factor, to the Budget Oversight Board for their review and possible work session, as laid out in Article 7. SECTION 4: By December of each year, the Chairperson of the Black Hawk County Board of Supervisors shall forward the approved Center Budget to the County Finance Director for submission as part of the budget of Black Hawk County and to the County Auditor for billing. ARTICLE 12: INSURANCE The Center Board shall seek and maintain liability or comprehensive insurance coverage for Center operations and costs for same shall be divided and shared as provided for herein. Any participant may elect to obtain its own coverage for any separate Iiability it may have for Center operations. ARTICLE 13: DISPUTE RESOLUTION In the event of a dispute between the Center Board, the County and the Cities, the dispute may be submitted to arbitration. In order to quality as a dispute, the matter must involve the center budget, center operation, or the terms of this agreement. At least four participants from the Center Board, County, or the Cities are required to request that the matter be submitted for arbitration. The parties hereto agree that such a dispute between them shall be resolved by arbitration pursuant to and as authorized by Chapter 679A, Code of Iowa, 2013. In the event of such a dispute to be submitted for arbitration, the District Court shall be requested to appoint three (3) arbitrators to hear the matter. ARTICLE 14: TERMINATION SECTION 1: Any party to this agreement may terminate its participation herein by giving at least twelve (12) month's prior written notice to all the other parties. Termination of the withdrawing party shall be effective at the beginning of the next fiscal year following the twelve (12) month notice. Page 421 of 530 SECTION 2: Termination shall not relieve the County, Cities, or the E911 Board of any financial obligation incurred before the effective termination date under the terms of this Agreement. SECTION 3: Equipment and furniture owned solely by the County, Cities, or E911 Board shall be distributed according to the inventory of the Center Board. Equipment and furniture owned jointly shall be distributed in a manner consistent with the basis of the member's contribution. Distribution shall be based upon a majority vote of all members eligible to vote on the Center Board. Where full agreement is not reached, the equipment and furniture shall be liquidated and the proceeds distributed to the parties to the Agreement prorated upon the same basis that the parties contributed to the purchase of the equipment and furniture. SECTION 4: The Center Board shall not be dissolved when there remains any indebtedness incurred by the Center Board. ARTICLE 15: AMENDMENTS The terms of this Agreement shall be amended only upon approval of any proposed amendment by a simple majority resolution of the participants. ARTICLE 16: SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of application of this Agreement which can be given effect without the invalid provisions or application and to this end the provisions of this Agreement are declared to be severable. ARTICLE 17: ADOPTION This Agreement shall have full force and effect upon ratification by a county of the participants. except that it shall not be effective unless ratified by Black Hawk County, the City of Waterloo, and the City of Cedar Falls. Amendment dated this i54' day of Ochvbe(2020. Page 422 of 530 BLACK HAWK COUNTY, IOWA BY: CL Signature C\Nr-;S 5c�'1/4A, t.. '-• Chairperson Printed name CITY OF CEDAR FALLS, IOWA BY: /311.1 Signature Z0 '" M . l ZE J Mayor Printed name Attest: Signature CITY OF HUDSON, IOWA /� BY: (4,4'�-- Gje-4-44 Signature Cer) vL Prin ed name Attest: Signature CITY OF DUNKERTON, IOWA Signature ayor CITY OF WATERLOO, IOWA BY: Signature 00-4A4—; Mayor Attest: Printed name Signature CITY OF EVANSDALE. 1O BY: Signature 1 anyPrinted nam Mayor CITY OF LAPORTE CITY, IOWA Signature L Mayor Printed name Attest: Ciekrezt:c. Signature CITY OF GILBERTVILLE, IOWA BY: /1/9 I /{f%]� Mayor Printed name Attest: • g21,-- Signature Page 423 of 530 ATTACHMENT A ANl\ UAL ASSESSMENT 90% Calls for Service/10% Population CITY/COUNTY CALLS FOR SERVICE % POPULATION % Waterloo 61.09% 52.95% Cedar Falls 19.83% 30.39% Black Hawk County 10.96% 8.23% Evausdale 4.21% 3.68% LA Porte City 1.69% I.77% Hudson 1.59% 1.77% Dunkerton 0.25% 0.66% Gilbertville 0.38% 0.55% Page 424 of 530 ARTICLES of AMENDMENT to CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS 28E AGREEMENT ARTICLES of AMENDMENT to CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS 28E AGREEMENT are made and entered into this day of , 2023, by and between Black Hawk County; the City of Waterloo; the City of Cedar Falls; the City of Evansdale; the City of Hudson; the City of La Porte City; the City of Dunkerton; and the City of Gilbertville ["Parties]. IT IS HEREBY AGREED BY THE PARTIES that the Consolidated Public Safety Communications Agreement dated October 1, 2020 ["2020 28E Agreement"], and any subsequent amendment thereto, if any, are hereby AMENDED such that the Article entitled "ARTICLE 10: FINANCING" (inclusive of its title and the 2 paragraphs which immediately follow the title) is stricken in its entirety and replaced with the following: ARTICLE 10: FINANCING The cost shares of the participants, the method of payment. and special financing arrangements and ownership of property shall be as follows: All personnel, equipment, and operating costs shall be advanced by and billed through Black Hawk County. The participants shall reimburse Black Hawk County for same as set forth in the attached Exhibit A that represents each jurisdiction's share of the personnel, equipment, and operating costs for FY24 not reimbursed by the E911 Board. The E911 board will pay for 100 percent of all E911 related costs that are eligible under Iowa Code Chapter 34A to be recovered from the subscriber access charge. Related E911 costs which are construed by this agreement to be included are, but are not limited to, the installation of all necessary communications equipment and on -going system maintenance. Reimbursement to Black Hawk County by the participants shall be determined as follows: Each participant's percentage of the reimbursable costs shall be based on the most recent assessed value for taxable property in the participant's jurisdiction. See Exhibit A, attached. Each year thereafter, the Center's Board will apply property valuations and submit the calculations, along with their proposed budget, to member governmental bodies and the Budget Oversight Review Board by November of each year. This will provide sufficient time for review, work session, and approval by each representative government prior to the certification of their respective fiscal year budgets. IT IS FURTHER AGREED BY THE PARTIES that the remainder of the 2020 28E Agreement shall remain unchanged and in full force and effect unless and until it is amended or terminated, pursuant to its terms, by the Parties. Page 1 of 3 Page 425 of 530 BLACK HAWK COUNTY, IOWA CITY OF WATERLOO, IOWA BY: BY: Signature Signature Chairperson Mayor Printed name Printed name Attest: Attest: Signature Signature CITY OF CEDAR FALLS, IOWA CITY OF EVANSDALE, IOWA BY: BY: Signature Signature Mayor Mayor Printed name Printed name Attest: Attest: Signature Signature CITY OF HUDSON, IOWA CITY OF LAPORTE CITY, IOWA BY: BY: Signature Signature Mayor Mayor Printed name Printed name Attest: Attest: Signature Signature CITY OF DUNKERTON, IOWA CITY OF GILBERTVILLE, IOWA BY: BY: Signature Signature Mayor Mayor Printed name Printed name Attest: Attest: Signature Signature Page 2 of 3 Page 426 of 530 EXHIBIT A ANNUAL ASSESSMENT 100% taxable property valuation CITY/COUNTY FY 2024 contribution Waterloo $1,371,232.51 Cedar Falls $1,184,583.54 Black Hawk County $545,463.16 Evansdale $78,295.21 LA Porte City $36,534.25 Hudson $59,135.84 Dunkerton $18,851.63 Gilbertville $13,350.86 TOTAL: $3,307,447.00 Page 3 of 3 Page 427 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution approving a Development Agreement and Minimum Assessment Agreement with Drew Reg Investments, LLC, for the construction of a new commercial building with a tax rebate schedule of 60 percent for years one thru five with a minimum assessment agreement of $595,460.00, for property located at 2920 Janet Drive, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The developer is proposing to construct a new 7,000 square foot commercial building on their lot at 2920 Janet Drive. The new building will add $360,257 in value to the property and will be substantially complete by September 30, 2023. Rebates for the project are set for five years at 60% for the added value of the property. The Minimum Assessment will be set at $595,460 upon completion of the building. NEIGHBORHOOD IMPACT The project would have a positive impact on the neighborhood. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES East Unified TIF funds ALTERNATIVE ACTION Page 428 of 530 LEGAL DESCRIPTION The South 96 feet if the West 225 feet of Lot 3 and the West 225 feet of Lot 4, all in Airline -Burton Industrial Park, Waterloo, Iowa. ATTACHMENTS 1. Drew Reg Agreement Signed by Developer Page 429 of 530 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo IA 50.704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023 by and between Drew Reg Investments 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, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" attached hereto (the "Property"). C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company owns the Property and will undertake the Project (defined below) upon the Property. Page 430 of 530 2. Improvements by Company. Company shall construct on the Property a new commercial building, consisting of no less than 7,000 square feet, as well as related landscaping, storm water improvements, paving, signage and parking improvements (collectively, the "Improvements"), in accordance with the Plans as provided in Section 3. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan applicable to the Property, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Company submit specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to 2 Page 431 of 530 the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Conveyance and Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to offer the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Company has already obtained a building permit and has constructed a significant portion of the Improvements. Company must Substantially Complete construction by September 30, 2023 (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed pursuant to the Plans or Modified Plans to the extent necessary for the City to issue a certificate of occupancy relating thereto and also the City has verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. B. Events triggering termination. If Company does not Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 16, and City shall then have no further obligation under this Agreement. In any circumstance where Company's progress on the Project fails to meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 3 Page 432 of 530 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $595,460.00 (the "Minimum Actual Value"), through: either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 7. Tax Rebates. Provided that Company has completed Substantially Completed the Improvements before the Completion Deadline, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Five 60% rebate each year (each such payment is a "Rebate") for any taxable value over $235,203.00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt 4 Page 433 of 530 service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event all Improvements on the Property are Substantially Completed prior to January 1, 2025 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2025 assessed value would be for the Fiscal Year ending June 30, 2027, with the taxes payable one- half by September 30, 2026 and one-half by March 31, 2027, then the first Rebate could be applied for after March 31, 2027 and prior to April 1, 2028. 8. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 7 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 7 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by 5 Page 434 of 530 City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 7, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 9. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 12 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. 6 Page 435 of 530 (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 10. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the MAA termination date 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. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any 7 Page 436 of 530 amendments thereto 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 and any amendments thereto. G. Until the MAA termination date Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. 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 conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 11. 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. 12. 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. 8 Page 437 of 530 B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. F. The financing commitments, which Company will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Company to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. 13. Indemnification and Releases. A. 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 Toss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or acquisition of the same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful 9 Page 438 of 530 misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any 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. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 15. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 16. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: 10 Page 439 of 530 A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the 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 any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of 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. 17. 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 11 Page 440 of 530 any sums paid by City to Company before the date of termination as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, 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. 18. 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. 19. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 12 Page 441 of 530 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 3501 Inverness Drive, Waterloo, IA 50701, Attention: Managing Member. 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. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they 13 Page 442 of 530 shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 27. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 30. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DREW REG INVEST By: By: Quentin M. Hart, Mayor Craig Linds anaging Member TS LLC Attest: Kelley Felchle, City Clerk 14 Page 443 of 530 EXHIBIT "A" Legal Description of Property The South 96 feet of the West 225 feet of Lot 3 and the West 225 feet of Lot 4, all in Airline -Burton Industrial Park, Waterloo, Iowa. Page 444 of 530 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), DREW REG INVESTMENTS 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 (the "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 within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $595,460.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 445 of 530 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, 2034. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 Page 446 of 530 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 447 of 530 CITY OF WATERLOO, IOWA DREW REG INVEST NJ NTS LLC By: By: Quentin Hart, Mayor Craig Linds+, IVjanaging Member By: Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK On this day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on \..Y.) i ! 6- Lindsay as Managing Member of Drew Reg Invest LLC. Notary Public 4 by Craig Page 448 of 530 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Five Hundred Ninety -Five Thousand Four Hundred Sixty and 00/100 Dollars ($595,460.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2023 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 449 of 530 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution approving FY 2024 and FY 2025 Professional Services Agreement with Grow Cedar Valley, in the amount of $30,625.00, with $80,750.00 in potential incentive funds annually, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approve SUMMARY STATEMENT AND BACKGROUND INFORMATION Council has previously approved similar agreements with Grow Cedar Valley, at different amounts over the years, since about 1996. The reporting activities for Grow Cedar Valley will still be presented to City Council. The Grow Cedar Valley serves as the State of Iowa's single point of contact for larger project leads, and then works with city officials and staff for work to try and bring such projects here. This partnership has helped to bring such companies as Ferguson Enterprises, Con Agra Foods (and two expansions), and helped other local industries expand, like Deere and Company, Hydrite Chemical, A -Line, Advanced Heat Treat, CPM Roskamp, HQAA, Crystal Distribution, Tyson Foods, and others receive applicable State incentives for job creation and expansion/new construction. This grant agreement would continue that relationship, to continue the City Council's main priority of economic development to the community through the provision of jobs, infrastructure, businesses, etc. The agreement calls for a payment of $30,625.00 — in two payments of $15,312.50 at December and June — for the following work efforts:- Business expansion and recruitment- Encouraging startup of businesses- Workforce recruitment and coordination- Advocacy in Des Moines and Washington DC- Improving the "Brand" through marketing, promotions, web presence, and attendance at major conferences There is also a potential $58,625 in additional incentives for work towards- acres of new development- amounts of taxable value- new full times jobs created All documented through a report and potential presentation to City at end of agreement period. This agreement matches the funding for FY2023. NEIGHBORHOOD IMPACT The City of Waterloo has had a partnership for economic development efforts with Grow Cedar Valley, formerly known as Greater Cedar Valley Alliance, in one form or another since about 1996. This partnership has worked to create many projects throughout the Waterloo community, and has helped in the marketing of area and reinvestment by existing businesses as well. It has also given the City the ability to connect better with many of its private industry leaders as the City moves ahead. Page 450 of 530 DATA, ANALYSIS, AND STRATEGIES Economic Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Bonds & TIF Funds $30,625 plus up to $80,750 in potential additional expenses. ALTERNATIVE ACTION LEGAL DESCRIPTION N/A ATTACHMENTS 1. City of Waterloo FY24 FY25 - Version 2.0 - June 21 2023 Page 451 of 530 FY2024 & FY 2025 ECONOMIC DEVELOPMENT PROFESSIONAL SERVICES AGREEMENT WITH GROW CEDAR VALLEY This Agreement is entered as of , 2023, by and between the Grow Cedar Valley ("GCV"), and the City of Waterloo, Iowa ("City"). WHEREAS, the GCV has proposed to be the City's business partner. GCV is the leader in bringing business and community together to grow opportunities reducing obstacles to business growth through collaboration and advocacy for business attraction, retention, and expansion. Whereby GCV will engage in economic development activities directly benefiting the City of Waterloo; and WHEREAS, through the adoption of the FY2024 budget, the City Council of City has agreed in principle to provide certain funding for said project on certain terms and conditions, including execution of a formal agreement outlining the duties and responsibilities of the GCV and the City; and WHEREAS, GCV and City have reached agreement on the terms and conditions under which the project will be undertaken, and the funding provided, and now desire to reduce their agreement to writing. NOW, THEREFORE, in consideration of the mutual covenants exchanged herein, the parties agree as follows: 1. Recipient Status. GCV affirms that it is a private, non-profit corporation organized and existing under Iowa law. GCV shall provide proof of tax-exempt status under the Internal Revenue Service Revenue Code prior to receiving funding. GCV has also provided City with a copy of its mission statement and a detailed summary from an officer or board member that specifies GCV's use of the funds, consistent with the concept of "public purpose" as described in Iowa Code § 15A.1(2), (5) or otherwise by addendum to this Agreement. 2. Recipient Documentation. Prior to receiving funding, GCV shall provide the following documentation to City: a. Proof of business entity status, including a copy of by-laws and articles of incorporation if applicable; b. Complete information on the source and amount of funding received from all other sources, including but not limited to non -governmental agencies, membership dues and fees, and private contributions; c. Names and addresses of directors and /or officers; d. Line item budget for current fiscal year; e. List of any additional pending applications for funding to include funding source and dollar amount requested. 3. Description of Project. In consideration for the funding provided to GCV by the City, GCV shall represent and advocate for the interests of business, industry and institutions operating in the City of Waterloo. Failure to abide by this requirement shall result in a return of funds pursuant to this Page 452 of 530 Agreement. GCV agrees to undertake and complete in the Cedar Valley project (the "Project"), to engage in the following economic development activities: a. Business expansion, retention and recruitment. 1. Execute Marketing (Domestic and Foreign Direct Investment) that will help Waterloo to compete in the site selection process by highlighting location differential; 2. Support initiatives of the TechWorks and promote Campus T1 Building and industrial outlets for new tenants; 3. Identify and manage expansion and recruitment projects with the intent to encourage new developments that increase wages; 4. Prepare and be an advocate for funding businesses who wish to access state incentive programs; 5. Maintain and provide data for the use of existing businesses and site selectors considering the area; 6. Identify and meet with Waterloo existing businesses on an ongoing basis and including but not limited to assistance with site selection, incentive assistance, data support, and workforce assistance; 7. Input data/information from existing business meetings on a customer relationship management software to track data and individual information on existing Waterloo businesses. This aggregated data will help both the City and GCV adjust programming and advocacy for existing businesses and their industry sector; 8. Respond and be pro -active to assist an existing business, their employees, Iowa Works with major layoffs or closings as needed. b. Encouraging targeted business expansion/retention in Waterloo by partnering with the University of Northern Iowa, CIRAS at Iowa State University, Hawkeye Community College, Waterloo Career Center, Iowa Workforce Development, and the State of Iowa. c. Innovation 1. Support and Execute initiatives to support innovation for Small and Medium Size Manufacturers in the Cedar Valley along with UNI, CIRAS and Hawkeye Community College and other partners. d. Live the Valley- Workforce Recruitment and Retention. Through print, digital and social media, GCV will promote Living and Working in the City of Waterloo by collaborating with the City and other entities to promote and share content on the City of Waterloo showcasing the quality of life, people and businesses. e. Economic Inclusion Partnership - as an entity of Grow Cedar Valley, GCV provides staffing encourage diversity and inclusion in the workplace. 1. Sponsor the Annual Fall Economic Inclusion Summit in collaboration with the University of Northern Iowa and other private and public sector entities. 2. Continue to provide support to existing Cedar Valley businesses on the best practices for diversity, inclusion and, equity in the workplace. 2 Page 453 of 530 f. Government Affairs -Advocate for the following: Advocacy for Cedar Valley priorities which will be submitted to the Government Relations Committee and the Board of Directors (therefore may be changed). g. Waterloo Regional Airport Task Force - provide staffing support to this volunteer group of Cedar Valley businesses who support the Airport Director, Airport Board, Mayor and the City with retention and expansion of air services. h. Improving the "Brand". 1. A continuing priority is to communicate a brand message that positions Waterloo and the Cedar Valley as an economy driven by technology and innovation led businesses, as well as a superior Midwest quality of life through print, digital and social media platforms. 2. The Mayor or designate will have an opportunity at the podium to provide City updates quarterly at Good Morning Cedar Valley events. Event attendance averages 200+/-. 4. Funding. The City agrees to provide funding in an amount of $111,375 for FY2024 and $111,375 for FY 2025 for an amount total over the two fiscal years of $222,750 to support implementation of the Project, upon Request for Payment as provided in this agreement, and upon receipt of the Accounting required in this agreement, as follows: a) FY 2024 - An amount not to exceed $30,625 to be paid in two separate payments of $15,312.50 each by December 31, 2023 and on or before June 30, 2024; FY 2025 — An amount not to exceed $30,625 to be paid in two separate payments of $15,312.50 each by December 31St 2024 and on or before June 30, 2025; and b) An amount not more than $58,625 in potential incentive funds for FY 2024 and $58,625 in potential incentive funds for FY 2025 for a total of $117,250 for both FY 2024 and FY 2025, if earned as follows in each of the two Fiscal Years: $1,000 per acre of new development in an area of Waterloo officially designated by City during the term of this Agreement as an urban renewal area, TIF district, or other area in which City, provided that each acre must contain 10,000/sf of building structure on average, and/or $1,000 per $250,000 of new taxable value added to a development area, and/or $2,500 per new and/or retained FTE job created in a development area, provided the jobs have an hourly starting wage of at least 100% of the average regional wage as determined by the Iowa Economic Development (IEDA) or 100% of average regional wage as identified in a High Quality Jobs Approved Application for Assistance from IEDA, and/or c) GCV will provide the following information in writing to the City on a semiannual basis to show all efforts made to promote Waterloo, broken down into categories for (a) companies solicited by GCV to late in development area (b) companies GCV contacted to expand operations in development area, and (c) inquires received by GCV from companies for marketing materials or availability sites or buildings: number of initial calls, contacts, leads, prospects, conferences attended to present marketing about Waterloo, databases organized and/or posted on websites for providing relevant 3 Page 454 of 530 information about Waterloo, other efforts made to network, form relationships and/or subscribe to services, and material responses to requests for information. Based on the documentation submitted by GCV, the City, at its sole discretion, can evaluate the semiannual performance of GCV and may provide semiannual performance payment up to $11,062.50 to GCV, with a total maximum not to exceed to $22,125. Semiannual means the periods in Fiscal Year 2024 - June through November 2023; and December 2023 through May 2024 to allow program evaluation and payment to occur on or before June 30, 2024. Semiannual means the periods in Fiscal Year 2025 - June through November 2024; and December 2024 through May 2025 to allow program evaluation and payment to occur on or before June 30, 2025. C) Documentation Regarding Accounting of Expenditure of City Funds. The GCV shall provide the City with a detailed accounting of the expenditure of City funds and a written report outlining the GCV's performance and accomplishments within the scope of work outlined in its application, upon submitting Requests for Payment pursuant to this agreement. D) Salaries. A portion of the City's grant, as outlined in Paragraph 4, may provide funding for a portion of the salaries and employee benefits. City payment of a portion of the program's salary and benefit expenses shall not make the City responsible or liable for any employee. All employment -related claims of any type or nature whatsoever that are made by a GCV employee or against a GCV employee by others will be the sole responsibility of GCV. li) Request for Payment. All requests for payment or reimbursement shall be submitted by GCV to City on a semi-annual basis, specifically, no later than December 1, 2023, and June 1, 2024 for Fiscal Year 2024 and no later than December 1, 2024, and June 1, 2024 for Fiscal Year 2025. All payments or reimbursements are contingent upon receipt of the documentation required in this agreement above, and upon receipt of the Report on Project Results required in this agreement. City shall have a period of up to thirty (30) days from date of receipt of each request for payment and all necessary documentation, within which to make payment or reimbursement under the Agreement. F) Report on Project Results. GCV agrees to provide the City with a written summary documenting the results of the Project on a semi-annual basis, specifically no later than December 1, 2023, and June 1, 2024 for Fiscal Year 2024 and no later than December 1, 2024, and June 1, 2025 for Fiscal Year 2025. Such report shall include without limitation: a. Details of external marketing efforts, including, but not limited to: the number of initial calls, contacts, leads, prospects and material responses to request for information; b. Number of existing business calls and assistance provided to existing Waterloo companies; c. Statistics related on Live The Valley and Job Board that promotes the City of Waterloo and supports existing Waterloo businesses. d. Update on execution of initiatives as identified under Economic Inclusion Partnership and related workforce programming and collaboration that benefits the City of Waterloo; 4 Page 455 of 530 e. Update on initiatives done by the Waterloo Airport Task Force Committee under Grow Cedar Valley; f. Update on government relations as it pertains to the City of Waterloo and Waterloo businesses. G) Return of Funds. In the event GCV does not use funds for the intended purpose(s) or in the event GCV does not comply with the reporting requirements of Paragraph 8 above, the funds or any portion thereof shall be returned to the City prior to the end of the current fiscal year, which is June 30, 2024 for Fiscal Year 2024 and is June 30, 2025 for Fiscal Year 2025. H) Time Limitation of Funding. The parties hereby acknowledge that the City is not committed or obligated to provide funds beyond the terms and conditions of this Agreement, and that any future project or program requires a separate request and is subject to City Council approval and execution of a separate written agreement. However, this Agreement does not prohibit GCV from requesting additional financial support from the City for other activities associated with the Project in the Cedar Valley. I) Recipient Board. The GCV Board of Directors will be charged with planning for the appropriate expenditure of City grant funds in accordance with this Agreement. The Mayor or his/her designee will represent City on the Board. The Mayor will also represent the City on GCV's Executive Committee. J) Termination. Either party may terminate this Agreement at any time if: a. The other party materially breaches the terms of this Agreement; provided that the non - breaching party shall have given the breaching, party written notice of such breach and the breaching party shall have failed to cure the same within (30) days after receipt of such notice; b. There is the loss or departure of key personnel that would jeopardize both the quality and time of performance or would make performance impractical with respect to the budget contemplated for this Agreement, and a mutually acceptable replacement cannot be found; or c. Performance of any part of this Agreement by a party is prevented or delayed due to a factor beyond the reasonable control of the party and cannot be overcome by reasonable diligence to the satisfaction of either party. d. The party desiring termination delivers no less than 60 days' advance written notice of termination to the other party. In the event of termination, immediate written notice shall be given by the authorized official of the party requesting termination to the other party which should specify both the reason for and the effective date of termination. Such notice shall be delivered by certified mail or in person to the authorized official of the other party who executed this Agreement. K) Liability. GCV and City agree that each party shall be responsible for its acts or omissions and the acts or omissions of its employees, officers, directors, agents or volunteers, to the extent allowed by law. Nothing contained in this Agreement shall vary or modify in any manner any governmental immunity which any party to this Agreement, or its officers, directors, employees, agents or volunteers, 5 Page 456 of 530 may enjoy under any statute or rule of law, except to the extent provided in Iowa Code § 670.7, with respect to the procurement of insurance, and then only to the extent stated in the insurance policy and only as to those exceptions contained in Iowa Code § 670.4. L) Legal Expenses. GCV agrees that all legal expenses incurred by the City in connection with the defense of any claim made or brought against the City that is directly related to GCV's performance, or the performance of GCV's employees, officers, directors, agents or volunteers, under this Agreement shall be the sole responsibility of the GCV. M) Terms of Agreement Control. The parties acknowledge that the provisions of this Agreement are controlling and shall define the duties, responsibilities, and conditions under which the Project shall be completed. All persons who meet the eligibility requirements as defined in this Agreement shall be entitled to participate in the Project, regardless of race, color, creed, religion, national origin, sex, age, disability, sexual orientation, gender identity, or any other criteria which by applicable law constitutes unlawful discrimination. N) Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. There are no other oral or written promises or understandings except as expressly provided herein. This Agreement may be amended only by a written agreement signed by the parties hereto. 0) Term of Agreement. This Agreement covers the period from July 1, 2023 through and including June 30, 2024 for Fiscal Year 2024 the period from July 1, 2024 through and including June 30, 2025 for Fiscal Year 2025. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date stated above. GROW CEDAR VALLEY CITY OF WATERLOO, IOWA By: By: Cary Darrah, CEO Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 6 Page 457 of 530 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Building Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution approving a Professional Service Agreement with Invision of Waterloo, Iowa, in the amount of $13,000.00 in conjunction with the First Floor Police Department Public Access/Mayor Office Remodel, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The preliminary design work that has been done for the Mayor's Office will be used as the basis of planning for study of the Police Department Public Access from the exterior. Police Department - Develop conceptual plans to provide first floor direct access to the Police Department. Develop site plan to support the revised entrance plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 458 of 530 ATTACHMENTS 1. Prof Sery Agreement - Mayor PD Reno Page 459 of 530 INVISION PLANNING I ARCHITECTURE I )NTERIURS May 19, 2023 Greg Ahlhelm Building Official 1 Commercial Plans Examiner Waterloo Building Department 715 Mulberry Street, 2nd Floor Waterloo, IA 50703 Greg.ahlhelm(c�waterloo=ia.org Re: Mayor Office & Police Department Study Greg: Thank you for the opportunity to outline services to provide a planning study for the Police Department entrance. The following outlines the work to test the feasibility and budget of the defined limited scope. This proposal includes the first floor of the Police Department only as it relates to direct public access from the exterior. During our conversations leading up to this, expanded planning was often part of the discussion. There may be value in growing the scope of the study and the Kick Off meeting below may lead in that direction. We can revise the proposal after the Kick Off meeting if necessary. PLANNING STUDY Scope • Mayor's Office • The preliminary design work that has been done for the Mayor's Office will used as the basis of planning for study of the Police Department Public Access from the exterior. • The plan for the Mayor's Office is understood to be fluid and may change with the planning for the Police Department. • Police Department • Develop conceptual plans to provide first floor direct access to the Police Department. • Develop site plan to support the revised entrance plan. • Develop budgeting costs for the defined work at the first floor and added entrance design. DESIGN SERVICES INCLUDED • Getting ready • Modeling of the existing first floor of Police Department. We have plans to get us started. Site Verification will be needed. • Modeling of the site. i. Collect additional documentation of the site including locations of utilities, parking, and other site related information. • Meetings • Meeting 1 — Kick off. Establish planning goals with constituents. This meeting will require the Mayor, representatives for the Police Department, and other City representatives as recommended. We recommend that Noel Anderson, and you Greg, be part of the group. no 501 SYCAMORE ST. SUITE 101, WATERLOO, IA 50703 303 WATSON POWELL JR. WAY, SUITE 200 ®PO BOX 1800, WATERLOO, IA 50704-1800 DES MOINES, IA 50309 (319) 233.8419 (515) 633.2941 PEOPLE. PROCESS. BALANCE. INVISIONARCH.COM Page 460 of 530 INVISION PLANNING I ARCHITECTURE INTERIORS At this time, we are assuming that the scope is limited to first floor entrance access to the Police Department. • Meeting 2 — Needs assessment with Police Department representatives. • Meeting 3 — Design Options review meeting • Meeting 4 — Selected Design Review meeting • Meeting 5 -- Final Plan review with budget • Deliverables • Schematic floor plans • Site plan • Narrative of scope • Project Budget for planning. • Summary of process to move design to Bidding documents • MEPT design will be conceptual only. We will review the existing systems with MODUS and develop a conceptual plan to align with the changes. MODUS will help with square foot costs to support the budget. • Structural engineering design will be conceptual only. We do not expect to use a structural engineer during this planning process. • Civil Engineering will be conceptual only. We do not expect to use a Civil Engineer during this planning process. SERVICES EXCLUDED: • Modeling, planning or design of other floors of the Police Department. If the scope expands to these floors we will amend our scope of work, and associated fee. • Full Schematic Design • Preparation of Bidding Documents • Services beyond the scope of this letter • Furniture, Fixtures and other Equipment • Signage design and specification • Specifications for bidding and construction. CLIENT RESPONSIBILITIES: 1. Supply of existing building documentation 2. Coordination of access for the design team to the affected parts of the building that are included in the planning. 3. Participation in meetings outlined by Design Team to support design process 4. Participation of final decision makers 5. Plan review for code compliance CONSTRUCTION BUDGET: 1. Construction Budget has not been established. One of the goals of this process is to test the cost of the work, and help the City develop a budget for the work. SCHEDULE: 2 Page 461 of 530 INVISION PLANNING I ARCHITECTURE I INTERIORS This proposal assumes 5 planned meetings, site verification, modeling and design, and documentation preparation. The timeline will be driven by the availability of participants and getting meetings scheduled. • Goal is to have final report complete by September 30, 2023. We will do our best to make this timeline shorter. • If the scope changes, the timeline will be re-evaluated. BASE SERVICE FEE We propose a lump sum fee of $13,000 for the services outlined above. Applicable portions of the planning fee may be credited back if a construction driven project moves forward. This will be negotiated at that time. Reimbursable expenses, as needed, will be invoiced at cost with no markup. If this is acceptable, please return a signed copy of this letter which will serve as our agreement. Please contact me if you have any questions regarding the proposal at katep a(�,invisionarch.com or (319) 433-3824. We appreciate this opportunity to work with you again! Sincerely, Kate Payne, AIA Managing Director Cc: Eric Ritland, ericr(a invisionarch.com ; Lisa Chamberlain, lisac@invisionarch.com : Jeff Oltmann, jeffo@invisionarch.com Authorized By: Printed Name: Signature Date 3 Page 462 of 530 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Vandewalle and Associates, in the amount of $72,000.00, for continued work on downtown Waterloo planning efforts, redevelopment design, riverfront development, and funding opportunities for FY 2024, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approve SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo has been working with Vandewalle & Associates for many years for downtown development. With a plethora of activities and projects underway, we feel it is appropriate to continue this relationship to bring forth new development, proper design and planning, to continue to improve Downtown Waterloo. NEIGHBORHOOD IMPACT The Downtown Waterloo area has seen many improvements over the years for a positive impact on the Downtown area. DATA, ANALYSIS, AND STRATEGIES The City of Waterloo utilizes the Downtown Master Plan, input from neighboring areas, and Main Street Waterloo al as ways to increase the viability of Downtown Waterloo, its overall layout, and development. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION The City has partnered with many other entities such as Main Street, Spectra, Grow Cedar Valley, Experience Waterloo, and the Waterloo Development Corporation, for ways to improve Downtown Waterloo and look for input for its design and progress forward. COMMUNITY ENGAGEMENT METHODS Economic Development updates, public hearings, Planning Commission actions all have the ability to allow for further informational and engagement methods. SOURCE OF EXPENDITURES $72,000 from Bond and TIF funds ALTERNATIVE ACTION Page 463 of 530 LEGAL DESCRIPTION N/A ATTACHMENTS 1. City of Waterloo Scope of Work - FY 2024_Draft Page 464 of 530 CITY OF WATERLOO - AGREEMENT FOR IMPLEMENTATION SERVICES 2023-2024 SCOPE OF WORK WORK ELEMENT 1: BLIGHT ELIMINATION AND PROPERTY ACQUISITION a. Continue to update map and strategy with blight elimination and property acquisition targets b. Track property owner, assessed value, and anecdotal information regarding asking price, business status, and other relevant details c. Work with City and Waterloo Development Corporation on public private partnership for blight elimination and property acquisition d. Coordinate downtown redevelopment efforts with supporting blocks and neighborhoods including Walnut neighborhood, Church Row neighborhood, Franklin Gateway neighborhood, and Rath area. WORK ELEMENT 2: DOWNTOWN MASTER PLAN IMPLEMENTATION Work with the City to expand and implement the detailed development plan for downtown Waterloo, to include the following: a. Continue to develop and implement the downtown Master Plan, including both priority projects on both the east and west sides b. Develop graphics, including concept design, whitepapers, and web -based graphics as needed to illustrate visionary concepts for redevelopment c. Continue to update redevelopment Master Plan, including perspectives showing proposed uses, density, and massing along Commercial and Jefferson corridors d. Assist with financing strategies that promote economic development, such as tax increment financing and economic impact forecasting e. Work with the City and Waterloo Development Corporation to identify the downtown projects that would be eligible for anticipated federal funding f. Advise the City on coordination of downtown marketing effort, including collaboration with the City on marketing materials and providing design review assistance g. Provide ongoing implementation assistance for housing projects that are underway h. Work with City, property manager, owners, and future developer to reposition Black's Building as a catalytic redevelopment project, as well as adjacent blocks for redevelopment i. Provide general assistance to the City as requested WORK ELEMENT 3: SUPERBLOCK REDEVELOPMENT With the assistance of City Staff, coordinate the redevelopment of the properties in the Superblock. (Note: Superblock is a four -block area around the Convention Center, including the Ramada hotel, parking structure, Courier building, and Cedar River Plaza building) to include the following: a. Assist City with positioning projects to attract and recruit developers b. Advise on use, density, and programming for Courier Block and adjacent buildings and sites, including both existing and future catalytic redevelopment sites 1 Page 465 of 530 c. Advise on priorities for phased development of Superblock properties d. Facilitate the Design Build Management Team process, including providing agendas, guidance, and recommendations on design review elements e. Assist developer and others in coordinating site planning and architect's design review on Courier Block or other adjacent proposed development f. Advise on potential renovation of EconoLodge project or other site uses g. Advise on redevelopment opportunities for the Cedar River Plaza building, including appearance improvements, river access options, and suggestions for tenant mix WORK ELEMENT 4: CENTRAL CITY LIVE LEARN INITIATIVE a. Continue to work with Mayor and City Staff on "Central City Live Learn Neighborhood Initiative," including coordination between existing efforts and stakeholders and managing the implementation of the initiative b. Assist with concept development through whitepapers and graphics/maps, and data collection/analysis as needed to support current efforts by City and public and non-profit partners c. Continue to assist in launching new redevelopment sites and uses for the project "pipeline" on both the west and east sides, including the Walnut neighborhood, Church Row, and Highway 63 corridor d. Development of outline for architectural guidelines for key neighborhood corridors and areas where redevelopment/revitalization on a block -by -block basis is a priority e. Advise on implementation of Walnut Street and Church Row Neighborhood planning efforts f. Advise on Opportunity Zone projects, including packaging projects for investment, developer recruitment, design concept development g. Coordinate with the City on East 4th Street Development h. Advise on the development of workforce mobility opportunities and coordinate with transit and workforce stakeholders i. Continue to advance and track metrics related to impact of the City Central Live Learn Initiative j. Continue to advance workforce training initiatives, including building trades and advanced manufacturing, through support of partner initiatives WORK ELEMENT 5: PARK TO PARK/VETERANS WAY DESTINATION DISTRICT ADVANCEMENT a. Continue assisting the City with implementation of projects, including Bridge Lighting, Veterans Way, Pocket Park, 218 Pedestrian Underpass, improved streetscape and the Sullivan Brothers Memorial Plaza b. Support Mayor and City staff in procuring additional public and private sources of funding such as EDA funding for projects in the Park to Park/Veterans Way concept, including preparation of letters of intent or grant writing, in partnership with City staff c. Continue to develop design concepts, cost estimates, whitepapers, summary graphics, and partnership opportunities for projects within the overall Park to Park/Veterans Way Destination District concept 2 Page 466 of 530 WORK ELEMENT 6: MARINA SITE AND OTHER CEDAR RIVER PROJECTS a. Assist City with positioning remaining project phases for federal and state funding in addition to identifying and tracking other funding opportunities applicable to the project, such as Great Places program, TAP funding, or others b. Work with the City and the Waterloo Development Corporation to identify an operator and operating plan for the Marina, including multi -family housing, paddlesports/recreation business, and other uses c. Assist with converting River Road to a riverfront parkway with scenic improvements d. Assist with concepts and positioning for future Cedar River projects e. Help recruit and vet additional housing and retail/commercial prospects for the Marina site, including temporary uses like local food trucks to support seasonal activity on marina site f. Coordinate with other City/INRCOG consultants on shoreline, river access, docking, and site design g. Provide advice on kayak course, fishing derbies, flatwater paddling, and other recreational programming opportunities, including potential canoe/kayak livery site h. Develop and maintain implementation strategy and operating plan, including project roles and responsibilities as the Cedar River Placemaking project is implemented WORK ELEMENT 7: DOWNTOWN LIGHTING AND IMPLEMENTATION Continue to facilitate relationship with potential lighting design consultant and help manage their scope of work, deliverables, and cost estimates a. Coordinate local/regional stakeholders on communication and/or input, planning, and strategy on implementation of downtown lighting b. Provide additional project support, as directed by the City WORK ELEMENT 8: IOWA REINVESTMENT DISTRICT IMPLEMENTATION (NON- MARINA) a. Assist the City in planning for redevelopment of the TechWorks outlots, such as the marina site, retail sites, and sports -related uses, and including efforts to functionally integrate TechWorks into the downtown redevelopment Master Plan. These efforts will be conducted through regular calls, DBMT meetings, and review of materials b. Work with Waterloo Development Corporation to implement the market study related to a regional hard court tournament center c. Assist the City in implementing the projects in the Iowa Reinvestment District, including new opportunities in hotel, hospital, retail, and multi -family housing d. Assist City Staff in activities to help support the hotel to recover from losses incurred during the covid-19 pandemic, including supporting recruitment of a new restaurant and aligning downtown redevelopment activities to increase room nights and associated tax revenues WORK ELEMENT 9: FUNDING PROCUREMENT AND TRACKING At the direction of City Staff, provide assistance in developing a funding strategy to include the following: a. Develop and track sources of and deadlines for federal, state, and local funding opportunities b. Position projects by developing white papers and communication strategies to help recruit funding sources 3 Page 467 of 530 c. Track federal infrastructure -based funding programs, such as RAISE (DOT) and FTA for road/transit projects d. Support and assist the City in implementing the federal Opportunity Zone program, including design concept development and funding structures e. Add capacity to City Staff by providing grant writing services, as requested WORK ELEMENT 10: DEVELOPER RECRUITMENT ASSISTANCE As additional priority projects are identified during the contract period, assist the City with developer recruitment activities, including: a. Project concept design and refinement, including design services to review architecture and graphic services to advance specific projects, including infill or other projects on the east side a. Participate in property owner negotiations and relocation strategies b. Participate in developer recruitment and negotiations, such as RFP/RFPs development, evaluation of responses, and developer selection c. Assist in financing strategy development d. Assist in design and development review WORK ELEMENT 11: COORDINATION FOR PMT/DBMT PROCESS With the assistance of City Staff, manage and coordinate the Project Management Team, to include the following: a. Identify priority focus areas and set related meeting agendas b. Facilitate Project Management Team and project -specific Design -Build Management Team meetings on a monthly basis or as needed c. Facilitate the Design Build Management Team process, including providing agendas, guidance, and recommendations on design review elements d. Continue to enhance public private partnership with Waterloo Development Corporation ESTIMATED SCHEDULE a. Services in this Agreement shall commence July 1, 2023 and be in effect a maximum of one year, unless the parties agree otherwise. COSTS AND PAYMENT b. All work will be completed on a time and materials basis with the budget for the Project set at $72,000 (billing at an average $6,000 monthly). Client acknowledges that significant changes to the Project schedule, budget or Project's scope may require Additional Services for which the parties may (but are not required to) enter into a separate Work Order (see Article I.B.). 4 Page 468 of 530 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution approving a Temporary Construction Easement Agreement with Black Hawk Street Investments, LLC, in conjunction with the 11th Street Bridge Reconstruction Project, located at 1314 Black Hawk Street, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to enter into a temporary construction easement agreement with Black Hawk Street Investments, LLC for the reconstruction of the 11th Street Bridge. This easement will cover the removal of four driveways that are being replaced with three, with a larger driveway accessing the parking instead of two. To preserve on -site parking, a retaining wall will be constructed parallel to the northwest property line and the owner of the property will be responsible for any future maintenance of the wall. Attached is the temporary easement agreement and an aerial map showing the location of the property. Replacement of the nearly 70-year old bridge will continue the ongoing efforts to enhance Downtown Waterloo, adding to all the other successes that have occurred over the years. NEIGHBORHOOD IMPACT Replacement of the bridge will have a great impact on downtown and the surrounding area and raising the bridge will eliminate the need of flood closures during times of high water. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 469 of 530 LEGAL DESCRIPTION ATTACHMENTS 1. Temporary Construction Easement Agreement 2. Aerial Map Page 470 of 530 Prepared by Tim Andera, City of Waterloo, Waterloo, IA 50703. Phone (319) 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of , 2023 by and between Black Hawk Street Investments, LLC ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for purposes relating to construction of the Improvements (the "Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Temporary Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. 2. Expiration of Temporary Easement. This Agreement and the easements in favor of Grantee shall terminate upon completion of the Project and final acceptance of public improvements by the Waterloo City Council, or by December 31, 2025 whichever occurs first. 3. Purpose. The Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to reconstruct the 11`1' Street Bridge, utility improvements, driveway reconstruction and retaining wall construction (the "Improvements"). It is the intention of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises, and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. Grantor shall bear sole responsibility of maintenance of retaining wall after final acceptance of work or date has passed as described in Paragraph 2. 4. Grantor Duties and privileges. Grantor shall deliver possession of the Temporary Easement Premises to Grantee. "as is, where is", without any representation or warranty as to the condition of same. Grantor shall have no cluty to prepare the Temporary Easement Premises in any way for Grantee's use. Following transfer of possession of the Temporary Easement Premises. Grantor shall have no further duty or obligation with respect to same, except as set forth herein. Grantor may mow or care forgrasses and vegetation growing in the Temporary Casement Premises during the period of this Agreement, but may not conduct other activities upon the Page 471 of 530 Temporary Easement Premises without the prior written consent of Grantee. Grantor agrees that any activities that Grantor, its officers, employees, contractors or agents undertake on the Temporary Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby agrees to indemnify Grantee, its officials, officers, employees, contractors and agents, with respect to any and all claims for injuries, death, property damage, property loss or otherwise, arising from the acts or omissions of Grantor, its officers, employees, contractors or agents, on or about the Temporary Easement Premises during the term of this Agreement. 5. Notifications. Sellers shall have access to utilize the parking spaces depicted in Exhibit "A" attached hereto ("Parking Spaces"), even though such Parking Spaces are located within the Temporary Easement Area, during all times except when needed by the City and/or contractor(s) for construction work, which include tearing -out, grading, forming, pouring, finishing, seeding, construction of a retaining wall and all other associated construction work, related to the reconstruction of the I Il'' Street Bridge and driveway accesses in the immediate vicinity of Parking Spaces. The City agrees to give timely advanced notice to the sellers, which notice shall not be less than 48 hours of date of commencement of construction work. It shall be the sole responsibility of the Sellers to notify those, such as a lessee, using Parking Spaces with the consent of the Sellers commencement of construction based upon noticed provided to the Sellers by the City. The City assumes no responsibility for providing any notice to any person other than stated within this agreement. Should any of the Parking Stalls be utilized at any time during construction work after notice by the City as provided herein, the City reserves the right in the City's sole discretion to clear Parking Spaces at the Seller's cost. The City further agrees to provide notice to the Sellers as soon as construction work is completed at which time the Parking Spaces may be utilized again. Construction work is not expected to last more than 21 days absent unavoidable delays. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. awk Street iivestments, LCC s "I'. Skarlis, Managing Member STATE OF IOWA )ss. BLACK 1-IAWK COUNTY CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Page 472 of 530 as Jy,q1+1.1 AL-r ERIC W JOHNSON COMMISSION NO. 725372 MY COMMISSION EXPIRES NOVEMBER 4, 2024 STATE OF IOWA Acknowledged before me on J o„nt, 1 -J , 2023, by 3u mt.-6 SLoril S of Black Hawk Street Investm, ts, LLC ) ss. BLACK HAWK COUNTY ) Notary Public Acknowledged before me on , 2023, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public Page 473 of 530 Exhibit "A" Temporary Easement Premises Page 474 of 530 i I I r\\\ 8-t; I �IIVI ,. W„ at ` v Milli cin CITY OF WATERLOO I �ir11111t ,11111��11111 11111 MIVII111IJ 'mill,. mmmw.• wm o a I �;111lllil1P IIIIIIIIIIIIIIIIpllllllllllllllli I IIIIIIIIl�! — NtI_ - i CITY OF WATERLOO WAT206 STA. 2111+21.00 MID WEST PATTERN COMPANY ' 1 END CONSTR CTION ,� II ./. Q.z Qo .x.orr . 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N 836 Lt Rt Lt Rt • +80 2.108 +20 +40 +60 +80 2.109 +20 +40 +60 +80 2.110 +20 +40 +60 +80 2.111 +20 +40 +60 +80 2112 +20 +40 +60 FILE NO. I ENGLISH I DESIGN TEAM Stanley Consultants Inc. I CITY OF WATERLOO PROJECT NUMBER BRM-CHBP-8155(770)--NB-07 I SHEET NUMBER E.1 11:38:02 AM 4/7/2023 9209 pw:\\SCI-PWINTEG-2.stanl eygroup.com:Datasource-1\ Documents \City_of_Waterloo_Iowa\29363 - 1 lth and Park Ave Bridge Replacements \11-CADD\05-SS10_Roadway\SHT\770_11TH\SHT_29363_770_E01.dgn Page 475 of 530 Exhibit "A" Continued — Black Hawk Street Investments { WAT2D6 Mi3 WEST PATTERN COMPANY M1IJ WEST PATTERN COMPANY • STA. 21O702.07 BEGIN CONSTRUCTION CI'Y OF ','ATERLOO 41•R417° 88.7083° CITY Of WATERLOO POC Sta. B113763.62 INo hi rer Traill' PDT Sta. 114+6 2f fl th St.) I nm I CITY OF WATERLOO 00.1 --•— 2 I I(L40' Cc5A I � t'Om I CITY t}F WATERLOO MmarrZig l o / // //r/7/// Blackhawk St (SR&ACKHAWKI 1 cgvo.m - n a} a< N ID Q�@cpm @ • < 0l [ pS 0 fi n7 O • Oa Q 2 , X 5'o s= p • 0 Right of Way Design Information Color Legend: Properly Lines L Appraw. Property Lines 0 Temporary Easement I I Permanent Acquisition CANADIAN NATIONAL Property Not Involved with Easement. Not Part of Exhibit "A" i5RTR_ Pi Sta 6115+02.6 4 Curve Data d= T 6.44 L= . 0.0a E = 0.21 — d n C]TY iiATERLCO STA. 2111+20.00 END CON5TRUCTION Blackhawk St. (WA7217) 00 CANADIAN NATIONAL Page 476 of 530 Cit11 of Waterloo, Iowa ii Pdye 477 of 530 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE July 3, 2023 AGENDA ITEM TITLE Resolution approving an agreement with Pro -West & Associates, in an amount not to exceed $1,597.27, to provide updates to the existing Sidewalk Inspector Solution, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. InspectorUpdates_WaterloolA 06072023 Page 478 of 530 Page 479 of 530 PROJECT ESTIMATE PROWEST ASSOCIATES GIS CONSULTING DATA SERVICES I APPIJCAT[ONS City of Waterloo. IA Sidewalk Inspector Updates Date: 06/07/2023 Client: Ben Wagner GIS Manager 715 Mulberry St Waterloo, IA 50703 PROJECT DESCRIPTIO Pro -West & Associates proposes updates to the existing Sidewalk Inspector Solution. PROJECT MANAGEMENT Pro -West & Associates Project Manager: Name: Paul Rairamo Phone: 320-207-6855 Email: prairamo@prowestgis.com Client Project Manager (PM): Name: Ben Wagner Phone: 319-291-4598 Email: ben.wagner@waterloo-ia.org Project Schedule: TBD CLIENT RESPONSIBILITIES • Client will be available for all meetings • Client will provide Pro -West with a ArcGIS online Admin login *If assistance is needed with client responsibilities, additional costs may apply Remote Connection Pro -West uses Beyond Trust to facilitate remote connections. Team members connect to a session with a custom session key and portable installer and maintain temporary access needed for the duration of the project (minutes to days). When the project is complete, or the connection is no longer needed, PWA team members close the tool and it removes itself from the system —The session key is then no longer valid and if additional work is needed, team members will be provided a new key for a new connection. Optionally, we can maintain access after the initial project is complete, with authorization from the client. If the Client has other protocols for remote access, it will be discussed during the design meeting. It's important to know 8239 State 371 NW I PO Box 812 I Walker, MN 56484 PH 320.207.6868 1 FX 320.207.6869 I www.prowestgis.com I consult@prowestgis.com Page 480 of 530 PRDWEST 6. ASSOCIATES DELIVERABL 1. Create a view for the As -Build Repair Summary report a. Make a copy of the existing sidewalk repair summary sql view. b. Replace all of the referenced views with the equivalent as -built views. 2. Create the report c. Copy the current repair summary report d. Modify to use the new view and filter by year 3. Add a Repair Summary button to the As -Built section Inspection report widget to generate the report for the selected year. PROJECT COMPLETION & POST PROJECT SUPPORT Project Completion: The project will be completed when: 1. Updates have been deployed 2. The project close out call has been completed Upon project close, the updates will be managed and maintained by the City of Waterloo, IA Post Project Support PWA understands that support requests and/or general support inquiries will occur after the project is completed. We welcome those inquiries and look forward to supporting you in the future! Below are common inquiries related to general support requests. 1. If there are issues with the deliverables or if clarification is needed regarding the deliverables, contact the PWA Project Manager listed in this scope. 2. If the PWA Project Manager is contacted, after the project is completed, you may be invoiced for that call or email. The PM will discuss invoicing needs during the call. If you contact anyone other than the PWA Project Manager, after the project is completed, an invoice will be sent based on current hourly rates. 3. If the Project Manager is contacted after the project is completed, they are not available to respond, and the need is urgent (ie: the Project Manager is on vacation or is attending a workshop); contact PWA's main office number for assistance: 320-207-6868 or follow directions listed on the Project Managers out of office reply (if email is used). a. There may be an invoice sent for the support request based on current hourly rates if Technical staff are contacted directly. The PWA Project Manager will follow up when they are available to discuss invoicing. 4. PWA asks that both the PWA Project Manager and the Technical person be copied on emails to ensure prompt service and clarification on needs and any additional fees. If at any time there is a question about an invoice or support need, contact the PWA Project Manager. 2 Page 481 of 530 PRDWEST ACSC CIATEf 5. If there are general questions about any topic related to GIS and/or PWA Services, contact the PWA Project Manager listed in this scope. You may be invoiced for that call or email. The PM will discuss invoicing needs on the call. PROJECT RISKS & MITIGATION 1. Stakeholders are not identified at the beginning of the project a. Mitigation: Client and PWA will identify stakeholders at the project kick off. If changes in stakeholders occur, they will be communicated to the stakeholders immediately to eliminate and/or minimize timeline and budget changes. 2. Stakeholders change throughout the project a. Mitigation: Maintain the same project stakeholders throughout the project. If stakeholders do change, it is the client's responsibility to communicate the purpose of the project to the new stakeholder or for PWA to communicate changes to the client. If the project changes due to a change in stakeholders, additional charges may apply and the timeline may be affected. iL1■3D�IILl i $1,597.27 Invoicing Schedule: PWA will invoice monthly based on percent of project completed. If the scope, objectives, or timeline change significantly before the project is completed, we will agree to discuss any necessary modifications to our agreed -upon fee or to the scope, objectives, or timeline of the project. * Payment is due within 45 days of an invoice date. If payments are not received within 45 days of the invoice date, a late fee of 1.5% of the invoice amount will be charged for each 45 day cycle that the payment is late. ** 3% convenience fee will be added for payment by credit card To proceed with the described services in this estimate, please sign and date below and return to the Project Manager listed above. CLIENT Pro -West & Associates Acceptance Signature: Signature: Date: Estimate valid for 90 days Date: 6/21/2023 3 Page 482 of 530 20 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2023 by and between 5 Bees, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated July 13, 2020 (the "DA") concerning the development of land (the "Property") described on Exhibit "A" to the DA. The DA has been filed in the land records of Black Hawk County, Iowa, as Doc. No. 2021-11025. B. The parties desire to further amend the DA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Paragraphs A through D of Section 2 are stricken in their entirety and are hereby replaced with the following new paragraphs A through D: A. Phase 1. Demolition of existing structure on the Property and construction of a new commercial building of no less than 2,500 square feet. The Property has an address of 1809 Black Hawk Street, Waterloo. B. Phase 2. Exterior improvements to an existing building on property at 1813 Black Hawk Street, Waterloo. C. Phase 3. Demolition of existing structure at 175 W. 16th Street, Waterloo (the "Phase 3 Lot") and construction of a new commercial building of no less than 5,400 square feet. Page 483 of 530 D. Phase 4. Construction of a commercial building of no less than 5,000 square feet on parcel no. 8913-25-453-005 at the corner of Black Hawk Street and W. 18th Street (the "Phase 4 Lot"). 2. Section 3, paragraph A, of the DA is hereby amended to strike "April 30, 2022" therefrom and to substitute "December 31, 2023" in its place as the Phase 1 Completion Deadline. 3. Section 8 is hereby amended to strike the final unnumbered paragraph thereof and to substitute in its place the following new paragraph: Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with Phase 2 Improvements, Phase 3 Improvements, and Phase 4 Improvements, the parties will execute and record for each such phase a separate MAA to establish the Minimum Actual Value ("MAV") for such phase. The parties anticipate that the MAV for Phase 2 will be $46,000.00, the MAV for Phase 3 will be $230,000.00, and the MAV for Phase 4 will be $375,000.00. The total MAV will be not less than $801,000.00 for all combined phases of Improvements. 4. The parties acknowledge that Phase 2 improvements have been completed, and City consents to Company's sale of the Phase 2 property (1813 Black Hawk Street) to Cedar Valley 4 Rent, L.L.C., subject to the MAA. The parties acknowledge an outstanding bill of $18,200.00 for demolition of structures on one or more Project properties. In connection with Company's sale of the Phase 1 property at 1809 Black Hawk Street, as a condition to City's consent to said sale to Cedar Valley 4 Rent, L.L.C., Company agrees to reimburse City or pay the contractor in full for the demolition expense from proceeds of the property sale. 5. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA 5 BEES, LLC By: By: Quentin Hart, Mayor Jonathan Brundrett, VP and Special Projects Director Attest: City Clerk / Deputy Clerk Page 484 of 530 17:4cig 6i25 111111mmm111nmw11111111111111111u111ua *64-VCA: WMedw Prep red by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Doc ID. 010006770025 Type GEN Recorded: 11/20/2020 at 03:23:30 PM Fee Amt: $127.00 Page 1 of 25 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2021-00011025 Phone (319) 234-5701 DEVELOPMENT AGREEMENT (Phased Development) This Development Agreement (the "Agreement") is entered into as of .akAsA L3 , 2020 by and between 5 Bees, 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 Rath Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct buildings and related improvements on 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. Sale of Property. Within 30 days from the date of this Agreement, City shall convey to Company, for the sum of $1.00, the real property described on Exhibit "A" attached hereto (the "Property"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and aij Page 485 File Number: 2021-00011025 Seq: 1 right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances, or other applicable law. 2. Phased Development. The parties contemplate that Company will develop the Property and other nearby properties in phases, each of which is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: A. Phase 1. Demolition of existing structure on the Property and construction of a new commercial building of no less than 3,000 square feet. B. Phase 2. Interior and exterior improvements to an existing building on property at 1813 Black Hawk Street, Waterloo. C. Phase 3. Demolition of existing structure at 175 W. 16th Street, Waterloo (the "Phase 3 Lot") and construction of a new commercial building of no less than 3,000 square feet. D. Phase 4. Construction of a commercial building of no less than 6,500 square feet on parcel no. 8913-25-453-005 at the corner of Black Hawk Street and W. 18th Street (the "Phase 4 Lot"). Properties corresponding to Phases 2-3 are referred to as "Developer Properties," and the Property, Developer Properties and Phase 4 Lot are referred to as "Project Properties." For each phase, City may require that Company submit specific building designs and site plans for City review and approval. Improvements to the Project Properties completed within the schedule established by Section 5 below will be eligible for the benefits provided for in this Agreement, and any Phase of the Improvements not completed within the prescribed period will not be eligible for said benefits. 3. Improvements by Company. Company shall construct on the Project Properties the improvements described in Section 2 above, and related landscaping, paving, signage and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. 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 Project Properties, the Improvements, and all site preparation and development - related work to make the Project Properties usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 4. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to 2 Page 486 of 530 File Number: 2021-00011025 Seq: 2 extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property and the Phase 4 Lot to Company, and that without said commitment City would not have done so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain all permits to demolish the existing structure on the Property and to construct the Phase 1 Improvements so that construction on Phase 1 Improvements begins by April 1, 2021 (the "Phase 1 Start Date") and is completed no later than April 30, 2022 (the "Phase 1 Completion Deadline"). Phase 2 Improvements must be substantially completed by December 31, 2023, and Phase 3 Improvements must be substantially completed by December 31, 2024. Company must begin construction of Phase 4 Improvements within 12 months after City conveys the Phase 4 Lot to Company (the "Phase 4 Start Date) and must substantially complete such Improvements by December 31, 2026 or within 24 months after City conveys title to the Phase 4 Lot to Company, whichever is later (the "Phase 4 Completion Deadline"). For any phase, substantial completion of construction shall be evidenced by issuance of an occupancy permit. B. Events triggering reverter of title. (i) Subject to Unavoidable Delays as set forth below, if Company has not, in good faith, begun the construction of Phase 1 Improvements and Phase 4 Improvements by the corresponding Phase Start Date, then City may terminate this Agreement as to such phase area and title to such phase area shall revert to the City, except as may be provided in this Agreement; provided, however, that if construction has not begun by the applicable Phase Start Date but the development of the Project as to such phase is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the phase Improvements, and if an extension is granted but construction of the phase Improvements has not begun within such extended period, then City may terminate this Agreement as to such phase area(s) and title to the applicable phase area(s) shall revert to the City after the end of said extended period. In the event of any termination, City shall have no further obligations under this Agreement with respect to any affected phase area. (ii) If Company determines at any time that the Project, in whole or in part, is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the applicable undeveloped phase area(s) to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement with respect to any such phase area conveyed, except as expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against any Project Property deeded to City. 3 Page 487 of 530 File Number: 2021-00011025 Seq: 3 (iii) If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the phase area(s) shall revert to City. 5. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the reverted Project Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against such property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney - in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the reverted Project Property of any type or nature whatsoever that attaches to such property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. Water and Sewer. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Project Property that Company desires and for payment of any associated connection fees. 7. Additional City Assistance. The incentives described in the following subsections of this Section 7 are in addition to the other Project incentives extended by City to Company hereunder. A. Development Grant; Contingent Repayment; Security. City will provide payments of up to $120,000.00 (the "Grant") to assist Company with acquisition of Developer Properties and Company's demolition activities thereon. The schedule of payment shall be as follows: 4 Page 488 of 530 File Number: 2021-00011025 Seq: 4 P & 1) $70,000.00 within thirty (30) days after the date of this Agreement; 2) $25,000.00 within thirty (30) days after Company provides to City proof of closing on Company's purchase of the Phase 3 Lot. 3) $25,000.00 within thirty (30) days after Company provides to City proof of completed demolition of existing structures on the Property and the Phase 3 Lot. If Company fails to complete the Project as required by Sections 2 and 3, then the Grant will be repayable to City at the rate of $30,000.00 for each Project phase that is not completed. Any amount repayable shall accrue interest at the rate of six percent (6%) per annum from and after the date of disbursement from City and continuing until repaid in full. As security for repayment of the Grant, Company shall either (a) provide a mortgage to City against the Project Properties, which City agrees to subordinate to any mortgage for acquisition or construction financing, or (b) obtain and keep in force one or more performance bonds in the amount of not less than $150,000.00 for each Project phase and one or more payment bonds that guarantee the timely payment of all materials, services and labor. If Company elects to maintain performance and payment bonds, then certificates or copies of said bonds shall be delivered to City, and until Project completion Company will not do or omit the doing of any act which would vitiate any bond. Upon completion of a Project phase, City shall release any mortgage against property corresponding to such phase, and Company may terminate any performance bond or payment bond corresponding to such phase. B. Phase 4 Lot. Within sixty (60) days after the date of this Agreement, City will terminate the existing lease for the Phase 4 Lot between City and 3 Little Lambs, LLC and shall enter into a new lease for the Phase 4 Lot with Company, substantially in the form attached hereto as Exhibit "B". Within thirty (30) days after the lapse, release or discharge of any and all tax liens, judgment liens or other liens affecting the Phase 4 Lot (anticipated to occur no later than May 2024), City shall convey the Phase 4 Lot to Company on the same terms as the conveyance described in Section 1 of this Agreement. C. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. D. Vacated Alley. City agrees to take all steps necessary to vacate the alley behind the Property and to convey same to Company by quit claim deed concurrently with conveyance of the Property. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all 5 Page 489 of 530 File Number: 2021-00011025 Seq: 5 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 "MAA") attached hereto as Exhibit "C" 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 $150,000.00 (the "Phase 1 Minimum Actual Value"), through: either; (i) willful destruction of the Property, Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with Phase 2 Improvements, Phase 3 Improvements, and Phase 4 Improvements, the parties will execute and record for each such phase a separate MAA to establish the Minimum Actual Value ("MAV") for such phase. The parties anticipate that the MAV for Phase 2 will be $100,000.00, the MAV for Phase 3 will be $150,000.00, and the MAV for Phase 4 will be $400,000.00. The total MAV will be not less than $800,000.00 for all combined phases of Improvements. 9. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Project Properties, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Project Properties or any part thereof for any purpose except in connection with financing of the Improvements. 10. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer, in whole or in part, its interest in any Project Property prior to completion of the applicable Project phase to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 11. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. 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 6 Page 490 of 530 File Number: 2021-00011025 Seq: 6 P�3 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, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. Each Project Property will have a taxable value as set forth in the corresponding MAA, and Company agrees that the minimum actual value of such property and completed Improvements thereon as stated in the MAA will be a reasonable estimate of the actual value of the such property and related 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 Project Property and related site improvements, will equal or exceed the assessor's minimum actual value for such Project Property and Improvements as set forth in the MAA. D. Until termination of an MAA, Company will maintain, preserve and keep the Project Properties, including but not limited to the related 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. E. 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 Project Properties owned by it. 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 that is determined by any tax official to be applicable to the Project Properties 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 Project Properties. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Project Properties and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 13. Representations and Warranties of City. City hereby represents and warrants as follows: 7 Page 491 of 530 File Number: 2021-00011025 Seq: 7 P 0& A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and 8 Page 492 of 530 File Number: 2021-00011025 Seq: 8 P & 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. 16. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Properties or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Properties or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any term 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 or the Phase 4 Lot and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property or Phase 4 Lot, 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. 17. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 9 Page 493 of 530 File Number: 2021-00011025 Seq: 9 P� 46, &5 B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, the Phase 4 Lot, 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 any of the Project Properties; 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 an MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Project Properties. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 18. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property and/or Phase 4 Lot as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City 10 Page 494 of 530 File Number: 2021-00011025 Seq: 10 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. Remediesunder this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 19. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at P.O. Box 655, Waterloo, IA 50704, Attention: Jonathan Brundrett. 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 11 Page 495 of 530 File Number: 2021-00011025 Seq: 11 P � li&f2 transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 29. Time of Essence. Time is of the essence of this Agreement. 12 Page 496 of 530 File Number: 2021-00011025 Seq: 12 thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 29. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: 5 BEES, LLC than Brundrett, Vand Spey ial Projects Director PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member 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 13 Page 497 of 530 File Number: 2021-00011025 Seq: 13 P i55 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. Liability of guarantors hereunder is joint and several. Will :m Brundrett q;than Brundrett 14 Page 498 of 530 File Number: 2021-00011025 Seq: 14 EXHIBIT "A" Hayes Addition, Lot 7, Block 16, Waterloo, Black Hawk County, Iowa Page 499 of 530 File Number: 2021-00011025 Seq: 15 P &f2 EXHIBIT "B" BUSINESS PROPERTY LEASE This Business Property Lease (the "Lease") is made and entered into as of ,�t►.� 1 , 2020, by and between the City of Waterloo, Iowa, an Iowa municipal corporation ("Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa, 50703, and 5 Bees, LLC ("Tenant"), whose address for the purposes of this Lease is P.O. Box 655, Waterloo, Iowa, 50704. 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: Tax parcel no. 8913-25-453-005, in Waterloo, Iowa, at the northwesterly corner of Black Hawk Street and W. 18'h Street, as legally described on Exhibit "A", with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term commencing upon the date hereof and continuing until and including December 31, 2024, upon the condition that the Tenant pays rent therefor, and otherwise performs as provided in this Lease. 2. RENTAL. Tenant agrees to pay to Landlord as rental for said term, as follows: $ 1.00 , in advance, due upon signing of this Lease. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease and shall yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise expressly provided. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this Lease to use and to occupy the leased premises only for lawful purposes in its current condition. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the demised premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever, except as otherwise provided herein. 6. CARE AND MAINTENANCE OF PREMISES. Tenant takes said premises in their present condition. Landlord shall have no duty whatsoever to care for or maintain the premises or any part thereof. Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, municipal ordinances, the laws of the State of Iowa and the federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. Tenant will not allow trash of any kind to accumulate on said premises, and it will remove same from the premises at its own expense. Tenant shall, after taking possession of said premises and until the termination of this Lease and the actual removal from the premises, at its own expense, care for and maintain the premises in a reasonably safe and serviceable condition consistent with its own needs and pursuant to applicable law, ordinance or regulation. Tenant shall make no structural improvements without the Landlord's prior written approval of the plans and specifications therefor. Tenant shall be responsible for all necessary upkeep of lawns and grounds to keep the premises well - maintained. Tenant shall be responsible to clear ice and snow from all sidewalks on or abutting the premises. 7. FACILITY SERVICES. Tenant, during the term of this Lease, shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, garbage or trash disposal, and all other utilities or services of whatever kind and nature which may be used in or upon the leased premises. 15 Page 500 of 530 File Number: 2021-00011025 Seq: 16 P q47 22 8. END OF TERM. This Lease shall terminate upon expiration of the original term in accordance with Section 1. Tenant agrees that upon the termination of this Lease it will surrender, yield up and deliver the leased premises as required by Sections 3 and 4. Tenant shall not continue to occupy the premises beyond the Lease term without the express prior written consent of Landlord. 9. ASSIGNMENT AND SUBLETTING. Tenant may assign this Lease or sublet the premises or any part thereof without the prior written consent of Landlord, but in any such instance shall provide written notice of such assignment or sublease to Landlord. 10. PROPERTY TAXES. The Property is currently tax exempt. Tenant shall be responsible to pay before delinquency any general property taxes that may be assessed against the Property during the Term hereof. 11. INSURANCE. (a) Tenant agrees that it will at its own expense procure and maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $1,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the leased premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. (b) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien. (c) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office, or its successor office, and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation of Landlord under this Lease, and to the extent not covered by insurance maintained by Landlord or Tenant, Tenant will protect, indemnify, and save harmless the Landlord, its officers, officials, employees, and agents, from and against any and all claims, demands, causes of action, loss, costs, expenses, damages and liabilities of any type or nature (including but not limited to attorneys' fees and expenses) (each of the foregoing is a "Claim") occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The foregoing indemnity shall include, but is not limited to, Claims of Tenant or any third party for loss, damage or destruction of any personal property or fixtures left on the premises after termination of the tenancy. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Lease. 13. FIRE AND CASUALTY. In the event of a destruction or damage of the leased premises so that Tenant is not able to conduct its business on the premises, and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues and, each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. 14. CONDEMNATION. N/A. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This Lease shall terminate upon expiration of the demised term. Upon default by Tenant in accordance with the terms and provisions of this Lease, or upon Tenant's abandonment of the premises by failure to engage in business activities on the premises for more than fourteen (14) consecutive 16 Page 501 of 530 File Number: 2021-00011025 Seq: 17 P � 49&f2%5 business days, this Lease may at the option of the Landlord be canceled and forfeited, provided, however, before any such cancellation and forfeiture Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this Lease will be canceled and forfeited ten (10) days after the giving of such notice, unless such default, or defaults, are remedied within such grace period. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 22 below. (b) Waiver as to any default shall not constitute a waiver of any other or subsequent default. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. N/A. 17. SIGNS. Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the leased premises, provided only that any and all signs shall comply with the ordinances of the municipality in which the property is located and with the laws of the State of Iowa. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs, salvaging or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord shall have, in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code as codified in the State of Iowa upon all personal property, and all substitutions, replacements, accessories, and accessions thereto and thereof, kept and used on the leased premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent or for termination of this Lease because of Tenant's default in its performance. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. Tenant shall have the right, from time to time during the term of this Lease, to sell or otherwise dispose of any personal property of the Tenant situated on the leased premises, when in the judgment of the Tenant it shall have become obsolete, outworn, or unnecessary in connection with the operation of Tenant's business on the leased premises. 21. OTHER PROVISIONS. (a) The parties acknowledge that the leased premises are subject to several federal tax liens and/or judgment liens arising from a prior owner, which by the passage of time will lapse in 2024. If before the date of lapse any lien holder takes action to enforce its lien, Landlord agrees to work diligently to seek a release or discharge of such lien. After lapse, release or discharge of all liens, Landlord shall convey the leased premises to Tenant pursuant to the terms of a development agreement between the parties. 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as provided in this Lease shall be construed as cumulative and no one of them as exclusive of the others or exclusive of any rights, remedies, or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 17 Page 502 of 530 File Number: 2021-00011025 Seq: 18 Pq 49 M2 24. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective heirs, personal representatives, successors, and assigns of the parties hereto; except that if any part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This Lease contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 26. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. IN WITNESS WHEREOF, the parties hereto have duly executed this Business Property Lease as of the date first written above. LANDLORD TENANT City of Waterloo, Iowa 5 Bees, LLC By• Quentin Hart, Mayor Attest: 18 By: than Brundrett, VP an. Sp'al Pro -cts Director Page 503 of 530 File Number: 2021-00011025 Seq: 19 EXHIBIT "1" Legal Description of Leased Premises HAYES ADDITION PARCEL I OF SE 1/4 SEC 25 T 89 R 13 LYING IN BLK 15 AND FORMALLY A PART OF PARCEL F AS SHOWN IN DOC 2007-014335 DESC AS COM AT SELY COR BLK 15 HAYES ADD TH N 49 DEG 01 MIN 25 SEC W 5 FT ALONG SLY LINE BLK 15 TO PT OF BEG TH N 24 DEG 27 MIN 43 SEC E 426.10 FT TO PT ON SWLY LINE OF PARCEL DEED B 545 P 381 PT BEING 75 FT NWLY OF ELY TERMINUS OF THAT LINE TH N 40 DEG 14 MIN 30 SEC W 154.78 FT ALONG PARCEL DESC CLD B 545 P 381 TH S 40 DEG 50 MIN 06 SEC W 259.58 FT ALONG A LINE PAR WITH AND 140 FT DISTANT TO ELY LINE BLK 16 HAYES ADD TO SLY LINE BLK 15 TH S 49 DEG 01 MIN 25 SEC E 222.28 FT ALONG SAID SLY LINE BLK 15 TO PT OF BEG EXC NWLY 45.94 FT IN EVEN WIDTH AS MEASURED ALONG NLY ROW LINE BLACK HAWK ST. 19 Page 504 of 530 File Number: 2021-00011025 Seq: 20 P gafi55 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 13. , by and among the CITY OF WATERLOO, IOWA ("City"), 5 BEES, 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, or cause to be undertaken, the development of an area ("Project") within the Rath Urban Renewal and Redevelopment Plan area of the City; 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. Upon substantial completion of construction of the Improvements, the minimum actual 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 $150,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties agree that construction of the Improvements will be substantially completed on or before December 31, U 24 . 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, 20 3Z.. Nothing herein shall be deemed to waive the Company's rights under Iowa Code 20 Page 505 of 530 File Number: 2021-00011025 Seq: 21 § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and 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 Project property. CITY OF WATERLOO, IOWA 5 BEES, LLC By: Quentin M. Hart, Mayor Attest: Kelley Fe hle, City Clerk athan Brundrett, VP S t ecial Projects Direct STATE OF IOWA ) )ss. COUNTY OF BLACK HAWK ) On this 1111/‘day of , 2020, before me, a Notary Public in and for the State of Iowa, personally peared 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 21 Page 506 of 530 File Number: 2021-00011025 Seq: 22 PIq i3 M2%5 existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. 4P(.1 A • ;era, • RI, 77 'o NANCY HIGBY COMMISSION NO.788229 MY COMMISSION EXPIRES 2-7-2 -- Notary Public STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2020 by Jonathan Brundrett as Vice President and Special Projects Director of 5 Bees, LLC. � TIM ANDERA 2 - COMMISSION NO. 772518 *mum* MY COMMISSION EXPIRES row, APRIL 11, 2021 Notary Public 22 Page 507 of 530 File Number: 2021-00011025 Seq: 23 Mfg 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, building and equipment upon completion of the development shall not be Tess than One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. /essoror 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, owa. TIM ANDERA COMMISSION NO.772518 MY COMMISSIN MIS 1 O2 EXPIRES Notary Public 23 Page 508 of 530 File Number: 2021-00011025 Seq: 24 Pq M TERMINATION OF BUSINESS PROPERTY LEASE WHEREAS, the City of Waterloo, Iowa ("City") and 3 Little Lambs, LLC ("Company") are parties to a certain Business Property Lease (the "Agreement") concerning real property in Black Hawk County, Iowa, described as parcel no. 8913-25-453-005, and the parties desire to terminate the Lease. NOW, THEREFORE, the parties herby terminate the Lease as of the date hereof and state that the Lease shall have no further force or effect. Dated 3 1.3 , 2020 CITY OF WATERLOO, IOWA By: D-k-Q-U/Y15LcMU461— Quentin Hart, Mayor Attest: Kelley Fe1, City Clerk 3 LITTLE LAMBS, LLC athan Brundrett Managing Member Page 509 of 530 File Number: 2021-00011025 Seq: 25 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023 by and between JSLK Holdings, 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, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the San Marnan Development Plan area ("Urban Renewal Area"). B. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area, and legally described on Exhibit "A" attached hereto (the "Property"). C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company owns or is currently purchasing the Property. Company will undertake the Project (defined below) upon the Property. Page 510 of 530 2. Improvements by Company. Company shall construct on the Property a professional office building of no less than 6,903 square feet, as well as related landscaping, storm water control, paving, signage and parking improvements (collectively, the "Improvements"), in accordance with the Plans as provided in Section 3. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan applicable to the Property, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. City may require that Company submit specific building designs and site plans for City review and approval. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to 2 Page 511 of 530 the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City; provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Conveyance and Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to offer the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Company must obtain a building permit and begin construction of the Improvements within six (6) months after the date of this Agreement (the "Start Date") and Substantially Complete construction within fourteen (14) months thereafter (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed pursuant to the Plans or Modified Plans to the extent necessary for City to issue a certificate of occupancy relating thereto and City has also verified that any Project element(s) for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. B. Events triggering termination. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 17, and City shall then have no further obligation under this Agreement. In any circumstance where Company's progress on the Project fails to meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 3 Page 512 of 530 5. Utilities. After installation of utilities in public right of way by third parties, Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 6. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $1,314,770.00 (the "Minimum Actual Value"), through: (a) willful destruction of the Property, the Improvements, or any part of either; (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 7. Tax Rebates. Provided that Company has completed Substantially Completed the Improvements before the Completion Deadline, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Four 95% rebate each year Year Five through Year Eleven 90% rebate each year for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the initial base value of $2,628.00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. 4 Page 513 of 530 The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event all Improvements on the Property are Substantially Completed prior to January 1, 2025 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2025 assessed value would be for the Fiscal Year ending June 30, 2027, with the taxes payable one- half by September 30, 2026 and one-half by March 31, 2027, then the first Rebate could be applied for after March 31, 2027 and prior to April 1, 2028. 8. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 7 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments 5 Page 514 of 530 resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 7 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum- stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 7, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 9. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the creation of a tax increment financing (TIF) district and amendment of the urban renewal plan, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: 6 Page 515 of 530 (i) The representations and warranties made by Company in Section 12 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 10. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the MAA termination date 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. 7 Page 516 of 530 F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. 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 and any amendments thereto. G. Until the MAA termination date Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. 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 conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 11. 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. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: 8 Page 517 of 530 A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. F. The financing commitments, which Company will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Company to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. 13. Indemnification and Releases. A. 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 arising after Company's lease or acquisition of the same or resulting 9 Page 518 of 530 from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 15. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. Notwithstanding the foregoing, Company may mortgage the Property to a lender as security for financing of Project improvements, but for no other purpose 10 Page 519 of 530 16. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the 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 any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of 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. 17. 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 11 Page 520 of 530 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 as set forth in this Agreement. 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. 18. 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. 19. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 20. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other 12 Page 521 of 530 person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 21. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 220 W. Ridgeway Avenue, Suite 201, Waterloo, Iowa 50701, Attention: 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. 22. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 23. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 24. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 13 Page 522 of 530 25. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 26. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 27. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 28. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 30. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA JSLK Holdings, LLC By: By: Quentin M. Hart, Mayor Jeffrey D. Smith, Manager Attest: Kelley Felchle, City Clerk 14 Page 523 of 530 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. Jeffrey J. Smith Laura Kurtz 15 Page 524 of 530 EXHIBIT "A" Legal Description of Property Property to be platted as Lot 8, San Marnan Business Park First Addition, City of Waterloo, Black Hawk County, Iowa. Page 525 of 530 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), JSLK Holdings, 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 (the "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 within the City and within the San Marnan Development Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $1,314,770.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 2024 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 526 of 530 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, 2047. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 Page 527 of 530 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 Page 528 of 530 CITY OF WATERLOO, IOWA JSLK Holdings, LLC By: By: Quentin Hart, Mayor Jeffrey J. Smith, Manager By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this day of , 2023, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Notary Public Subscribed and sworn to before me on , 2023 by Jeffrey J. Smith as Manager of JSLK Holdings, LLC. Notary Public 4 Page 529 of 530 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than One Million Three Hundred Fourteen Thousand Seven Hundred Seventy and 00/100 Dollars ($1,314,770.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2023 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 530 of 530