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Council Packet - 5/19/2025
CITYOF q4 u TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, May 19, 2025 5:30 PM CITY OF WATERLOO COMMUNITY VISION PLAN 1. Fly the W: To develop a sense of pride and relationship between residents and the City of Waterloo, and then leverage that pride to communicate the City's attributes to external audiences. 2. Elevate Housing: Redevelop, renovate, or improve 800 residences in Waterloo in eight years by providing access to capital. 3. Celebrate and Connect Neighborhoods: To leverage Waterloo's rich tradition of neighborhoods by celebrating and connecting them with the community and region at large. 4. Waterloo Works: Grow a diverse and skilled workforce in Waterloo that connects people and employers for mutual growth. 5. Crossroads Doubledown: Re-energize the Crossroads Mall area into a sports/recreation-themed gravitational center. 6. Power Up Downtown: Keep Waterloo's core downtown evolving to meet the needs of future generations, supporting and showcasing arts and cultural opportunities and creating an experience like no other. 7. Sportstown USA: To generate excitement, develop youth, and drive investment and economic impact from year-round visitors. 8. Community of Opportunity: Eliminate barriers that keep Waterloo residents, and the community as a whole, from reaching its true potential, creating an equitable, thriving, and sustainable community for future generations. Waterloo is a Community of Opportunity, where everyone can prosper. GENERAL RULES FOR PUBLIC PARTICIPATION REGULAR SESSION AGENDA A. Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The public 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 Page 1 of 316 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, Dave Boesen, Ward 2 Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of the April 5, 2025, Regular Council Session, as proposed or amended. 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 Page 2 of 316 The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Shane Barker, for a waiver for a concrete driveway, located at 2319 Osage Avenue, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. 3. Resolution setting the date of public hearing as June 2, 2025, for the sale and conveyance of city-owned property located south of 115 Warp Drive in the amount of$1.00, to 3 Stooges, LLC, with a Development Agreement including ten years of fifty percent tax rebates, and a Minimum Assessment Agreement of$3,200,000.00, and instruct the City Clerk to publish notice. 4. Resolution setting date of public hearing as June 2, 2025, for the sale and conveyance of city-owned property located at 1131 Bertch Avenue, in the amount of$5,000.00, to E & C Investments, LLC (Cesar E. Barrios-Garcia), including approval of a Development Agreement for the construction of a single-family home including $5,000.00 refund of the purchase price and a grant of$5,000.00 for infill housing development, and instruct the City Clerk to publish notice. 5. Motion to approve Final Quantity Summary with Brock Even Construction, LLC, of Jesup, Iowa, for a net decrease of$19,618.59, in conjunction with the FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract No. 1111, and authorizing the Mayor to execute said document. 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Brock Even Construction, LLC, of Jesup, Iowa, in the amount of $188,929.56, in conjunction with the FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract No. 1111; and receive and file a two-year maintenance bond. 7. Motion to approve Change Order No. 1 with K & W Electric Inc., of Cedar Falls, Iowa, for a net decrease of$6,627.00, in conjunction with the CCTV portion of the Terminal Security Upgrades Project, IDOT CSVI Project No. 91240ALO200, and authorizing the Mayor to execute said document. 8. Motion to approve Change Order No. 1 with K & W Electric, Inc., of Cedar Falls, Iowa, for a net decrease of$15,869.00, in conjunction with the Access Control System (ACS) portion of the Terminal Security Upgrades Project, Project No. 91240ALO200, and authorizing the Mayor to execute said document. 9. Motion to approve the appointment of Neal Miller from the current Civil Service List to the position of Downtown Area Maintenance 11, in the Leisure Services Department, effective no later than May 21, 2025, pending drug screening and physical examination. Page 3 of 316 10. Communication from the Police Department on the notice of the conclusion of employment of Sanda Odobasic, Police Officer, effective May 2, 2025, with recommendation of approval of payout of$5,048.30 for unused benefits. 11. Communication from the Police Department on the notice of the conclusion of employment of Stacy Hesse, Police Officer, effective May 2, 2025, with recommendation of approval of payout of$16,814.64 for unused benefits. 12. Motion to receive and file Complete Streets Committee minutes of November 2024 and January and February 2025. 13. Motion to receive and file Historic Preservation Commission minutes of December 2024 and January, February and March 2025. 14. Motion to receive and file Planning, Programming, and Zoning Commission minutes of December 2024 and January 2025. 15. Motion to receive and file Board of Adjustment minutes for October and November 2024 and January, February, and March 2025. 16. Liquor Licenses a. EI Mercadito, Inc., 520 La Porte Road, Class C w/Sunday Sales (New) Exp: 06/20/2025. b. Hickory House, 315 Park Road, Class C w/Sunday Sales (New) Exp: 05/23/2025. c. The Isle Casino Hotel Waterloo, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 04/30/2026. d. LJ's Neighborhood Bar& Grill, 3550 Kimball Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 04/30/2026. e. Lolo Food Market, 1916 E. Mitchell Avenue, Class B w/Sunday Sales (New) Exp: 06/30/2025. f. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 08/29/2025. g. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 08/08/2025. h. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 07/18/2025. i. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 06/13/2025. j. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 05/13/2025. k. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 08/30/2025. I. Poppy's Sports Pub, 2026 Bopp Street, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 02/09/2026. m. Smitty;s Bar, 709 Jefferson Street, Class C w/Sunday Sales (New) Exp: 05/26/2025. n. Walgreens #10855, 1850 Logan Avenue, Class E w/Sunday Sales (New) Exp: 06/16/2025. o. Walgreens #07455, 111 W. Ridgeway Avenue, Class E w/Sunday Sales (New) Exp: 06/16/2025. 17. Cigarette/Tobacco/Nicotine/Vapor/Device Permits a. Casey's #2427, 3035 Logan Avenue. (Retail Tobacco) Page 4 of 316 b. Casey's #2866, 51 E. Park Tower Drive. (Retail Tobacco) c. Casey's #2867, 2424 Ranchero Road. (Retail Tobacco) d. Casey's #2879, 3260 University Avenue. (Retail Tobacco) e. Casey's #2880, 1604 La Porte Road. (Retail Tobacco) f. Casey's #3880, 1900 W. Ridgeway Avenue. (Retail Tobacco) g. Cedar Corner, The, 4335 Texas Street. (Retail Tobacco) h. Dollar General Store #20584,1650 Idaho Street. (Retail Tobacco) i. Dollar General Store #21528, 428 E. First Street. (Retail Tobacco) j. Dollar General Store #10073, 3815 University Avenue. (Retail Tobacco) k. Dollar General Store #4698, 2935 Logan Avenue. (Retail Tobacco) I. Dollar General Store #7136, 66 E. Tower Park Drive. (Retail Tobacco) m. Dollar General Store #7162, 820 W. 5th Street. (Retail Tobacco) n. Hy-Vee Fast & Fresh 1, 3700 University Avenue. (Retail Tobacco) o. Hy-Vee Wine & Spirits 1, 2126 Kimball Avenue. (Retail Tobacco) p. Hy-Vee Food Store 1, 2834 Ansborough Avenue. (Retail Tobacco) q. Hy-Vee Fast & Fresh 3, 1512 Flammang Drive. (Retail Tobacco) r. Hy-Vee Food Store 3, 1422 Flammang Drive. (Retail Tobacco) s. Kwik Stop 4, 515 Broadway Street. (Retail Tobacco) t. Logan Avenue Convenience Store, 735 Logan Avenue. (Retail Tobacco) u. Logan Avenue Convenience Store, 735 Logan Avenue. (Device Permit) v. Neighborhood Mart, 2100 Lafayette Street. (Retail Tobacco) w. New Star Liquor, 1625 W. 4th Street. (Retail Tobacco) x. Prime Mart 3, 1008 La Porte Road. (Retail Tobacco) y. Prime Mart 7, 1309 Lafayette Street. (Retail Tobacco) z. Spot#3, The, 117 E. San Marnan Drive. (Retail Tobacco) aa. Uni Mart, 1615 Bishop Avenue. (Retail Tobacco) 18. Motion to approve Application for Fireworks Display: My Waterloo Days, June 6, 2025, Top floor Park Avenue Parking Ramp, beginning at 9:45. 19. Motion to approve Application for Fireworks Display: Waterloo Bucks Ball Club, June 6 and 21, July 4, 5, 12 and 19, August 2, and 7, 2025, Riverfront Stadium, beginning at 10:00 p.m. 20. Motion to approve Application for Fireworks Display: Mayor's Fireworks, July 5, 2025, Park Avenue Bridge, beginning at 9:45 p.m. 21. Bonds. PUBLIC HEARINGS 1. FYE 2025 Budget Amendment. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving FYE 2025 Budget Amendment. Submitted by: Bridgett Wood, Finance Director 2. Request by Mizu Ramen Iowa, LLC, for a Site Plan Amendment to allow for changes in use in the "C-1, C-Z" Conditional Zoning District located at 1021 Peoples Square. Page 5 of 316 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 request by Mizu Ramen Iowa, LLC for a Site Plan Amendment to allow for changes in use in the "C-1, C-Z" Conditional Zoning District located at 1021 Peoples Square. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution approving Addendum No. 5, in the amount of$14,210.00, with Entrust Solutions Group, of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber-to-the- Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 2. Resolution approving a Professional Services Agreement with Eocene Enviromental Group, of North Liberty, Iowa, in the amount of$8,830.00, in conjunction with the FY 2024 Sergeant Road Trail Repairs Project, Contract No. 1091, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 3. Resolution approving Addendum No. 4, in the amount of$124,210.00, with Entrust Solutions Group, of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 4. Resolution approving Addendum No. 6, in the amount of$3,155.00, with Entrust Solutions Group, of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber-to-the- Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 5. Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $260,100.00, in conjunction with the FY 2025 Biennial Bridge Review Program, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 6. Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract Page 6 of 316 No. 1111, and instruct the City Clerk to publish notice. Submitted by: Jamie Knutson, City Engineer 7. Resolution approving an Early Access Agreement with 3 Stooges, LLC, to allow certain development activities on land located south of 115 Warp Drive, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 8. Resolution approving a Development Agreement with Twin Card Holdings LLC, with a Minimum Assessment Agreement of$135,000.00, and the CURA tax abatement, for the construction of a 4,500-square-foot building southwest of 1010 Commercial 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 Public Mural Agreement with Main Street Waterloo and Isaac Campbell Creative LLC (Artist), for the placement and maintenance of a mural on the wall of the East Park Avenue Parking Ramp at 310 East Park Avenue, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 10. Resolution approving a Farm Lease Agreement, expiring December 31, 2025, with Michael S. Cook, to farm approximately 5.25 acres of land for$1,050.00, located south of 2080 Northeast Drive, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 11. Resolution approving a Farm Lease Agreement, expiring December 31, 2025, with Michael S. Cook, to farm approximately 7 acres of land for$1,400.00, located on multiple lots near 2330 GT Drive, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 12. Resolution approving a Farm Lease Agreement, expiring December 31, 2025, with Michael S. Cook, to farm approximately 3.7 acres of land for $370.00, located adjacent to 3133 Rocky Road, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 13. Resolution declaring a moratorium on the issuance of a special permit or variance for hobby farms in the City of Waterloo, Black Hawk County, Iowa. Submitted by: Noel Anderson, Community Planning and Development Director 14. Resolution declaring a moratorium on the issuance of new tobacco permits in the City of Waterloo, Black Hawk County, Iowa. Submitted by: Noel Anderson, Community Planning and Development Director ORDINANCES Page 7 of 316 1. Ordinance establishing grades for the City of Waterloo FY 2025 Sidewalk Repair Assessment Program —Zone 4, Contract No. 1111. Motion to receive, file, consider, and pass for the first time an ordinance establishing grades for the City of Waterloo FY 2025 Sidewalk Repair Assessment Program —Zone 4, Contract No. 1111. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 8 of 316 May 5, 2025 The City Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 PM, on Monday, May 5, 2025. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton-Smith, Mr. Chiles, Ms. Wilder and Mr. Feuss. Mr. Simon joined via Zoom. Prayer or Moment of Silence. Pledge of Allegiance, Kelley Felchle, City Clerk. Approval of Agenda, as proposed or amended. Feuss/Nichols that the agenda be approved. Voice vote-Ayes: Seven. Motion carried. Approval of Minutes of the April 21, 2025, Regular Council Session and the April 23, 2025, Special Council Session, as proposed or amended. Feuss/Nichols that the minutes of the April 21, 2025, Regular Session, as proposed, be approved. Voice vote- Ayes: Seven. Motion carried. PUBLIC COMMENTS Aaron Stacey Roberts, 411 Almond; Darrin Speed, 1100 Ansborough; Mary Heller, 1162 Linder; Matt Carpenter, 518 Jefferson; Anthony Fullilove, 858 Olympic Drive; John Hayes, 110 Sunset; Jessica Rucker, Main Street Waterloo; Wayne Nathem, 548 Cloverdale; David Dreyer, 3145 W. 4th Street; Forest Dillavou, 1725 Huntington Road Mr. Boesen expressed concern that the city would recoup $150,000 on the 11th Street Bridge project. He raised concerns regarding the bike trail on Shaulis. He shared that he is disappointed with the location of the kiosks in downtown Waterloo and shared that he has received numerous comments from the public. Mayor Hart shared that he spoke with the Public Works Director over the weekend to determine fixes for the kiosk locations. Ms. Creighton-Smith shared that the joint Ward 3 and Ward 4 will occur on May 15th at the Jubilee United Methodist Church. Mr. Simon shared that he had a request from individuals for the 4th Street Cruise to see if the city vehicles could be relocated for the event. They also asked for additional trash receptacles. He shared that the right-hand turn at the San Marnan frontage road near Tropical Smoothie is really busy and congested with the current construction and the traffic is backed up as well. Page 1 of 18 Page 9 of 316 Mr. Chiles thanked people for attending his Ward meeting and shared the date of the next meeting. Feuss/Creighton-Smith to close public comments. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA Feuss/Wilder that the following items on the consent agenda be received and placed on file, including the payment of bills for April 28, 2025, in the amount of$2,575,240.83, and May 5, 2025, in the amount of$5,165,492.61, be received and placed on file. 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. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-254. Resolution setting date of public hearing as May 19, 2025, for an amendment to the FYE 2025 Budget, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-255. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as May 29, 2025, and date of public hearing as June 2, 2025, in conjunction with the Waterloo Convention Center Furniture Project, and instruct the City Clerk to publish said notice. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-256. Resolution approving fifteen FY 26 Quarter 1 and Quarter 2 Event and Partner Hotel/Motel Tax Grants, in the amount of $83,600.00, as recommended by the Waterloo Convention and Visitors Bureau Board of Directors. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-257. Resolution approving request to certify assessments for unpaid snow, weed mowing and lot clean-ups, for payments dated March 1, 2024 - March 1, 2025, in the amount of$17,573.83, for properties listed on attached exhibit "A". Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-258. Resolution approving the request of Tom Hansen for a waiver for a concrete driveway, located at 365 Four Seasons Drive, with the elimination of the sidewalk section due to inability to meet grade requirements. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-259. Page 2 of 18 Page 10 of 316 Resolution setting date of public hearing as May 19, 2025, to approve a request by Mizu Ramen Iowa, LLC for a Site Plan Amendment to allow for changes in use in the "C-1, C-Z" Conditional Zoning District located at 1021 Peoples Square, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-260. Motion to approve Change Order No. 1 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $34,625.00, in conjunction with the FY 2023 Sunnyside Creek Improvements Wet Detention Pond and Channel Stabilization Prolect, Contract No. 1062, and authorizing the Mayor and City Clerk to execute said document. Communication from the Fire Department on the notice of the conclusion of employment of Brad Purdy, Firefighter, effective April 3, 2025, with recommendation of approval of payout of $22,773.67 for unused benefits. Communication from the Fire Department on the notice of the conclusion of employment of Dave Hook, Fire Engineer, effective April 3, 2025, with recommendation of approval of payout of$2,738.03 for unused benefits. Communication from the Fire Department on the notice of the conclusion of employment of Dave Floyd, Fire Engineer, effective April 11, 2025, with recommendation of approval of payout of$22,629.30 for unused benefits. Communication from the Waste Management Department on the notice of the conclusion of employment of Timothy Sahr, Sewer Maintenance, effective April 1, 2025, with recommendation of approval of payout of$2,090.81 for unused benefits. Motion to receive and file Leisure Services Commission Board minutes of March 11, 2025. Motion to receive and file Airport Board minutes of March 26, 2025. Motion to receive and file Grout Museum funding reports of July 2024 - March 2025. Liquor Licenses a. Anton's Garden, 518 Sycamore Street, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 04/30/2026. Page 3 of 18 Page 11 of 316 b. Babes Tap, 210 Division Street, Class C w/Sunday Sales (Renewal) Exp: 03/14/2026. c. Basal Pizza, 225 W. 4th Street, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 04/30/2026. d. Behar Bar, 312 W. 4th Street, Class C w/Sunday Sales (Renewal) Exp: 04/30/2026. e. Casey's #2427, 3035 Logan Avenue, Class E w/Sunday Sales (Renewal) Exp: 06/14/2026. f. Casey's #2867, 2424 Ranchero Road, Class E w/Sunday Sales (Renewal) Exp: 06/14/2026. g. CVS/Pharmacy #8544, 1825 E. San Marnan Drive, Class E w/Sunday Sales (Renewal) Exp: 05/31/2026. h. Golden Dhina Restaurant, 106 Brookeridge Drive, Class C w/Sunday Sales (Renewal) Exp: 05/04/2026. i. Jim Lind Service, 230 East Ridgeway Avenue, Class B w/Sunday Sales (Renewal) Exp: 04/07/2026. j. Linn Mart, 926 Linn Street, Class B w/Sunday Sales (New) Exp: 04/20/2026. k. Lost Island Theme Park, 2600 E. Shaulis Road, Class C w/Outdoor Service and Sunday Sales (New) Exp: 01/12/2026. I. Lost Island Water Park, 2225 E. Shaulis Road, Class C w/Outdoor Service and Sunday Sales (New) Exp: 01/12/2026. m. The Olive Garden, 1315 E. San Marnan Drive, Class C w/Sunday Sales (Renewal) Exp: 05/28/2026. n. Sycamore Convenience, 617-619 Sycamore Street, Class E w/Sunday Sales (Renewal) Exp: 03/11/2026. Cigarette/Tobacco/Nicotine/Vapor/Device Permits a. 7 Star Liquor& Tobacco, 2844 University Avenue. (Retail Tobacco) b. Fareway Stores #951, 40 W. San Marnan Drive. (Retail Tobacco) c. Pink Cloud Smoke Shop, 3026 Ansborough Avenue. (Device) d. R Smoke Plus Waterloo, 3620 Kimball Avenue. (Retail Tobacco) e. R Smoke Plus Waterloo, 3620 Kimball Avenue. (Device) f. Tobacco & Vape, 3821 University Avenue. (Retail Tobacco) Bonds. PUBLIC HEARINGS Passenger Boarding Bridge Project, No. FAA AIP 3-19-0094-057-2025. Chiles/Nichols to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Chiles/Nichols Page 4 of 18 Page 12 of 316 to close the hearing. Voice vote-Ayes: Seven. Motion carried. Chiles/Nichols Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-261. Chiles/Nichols to receive, file, and instruct the City Clerk to read the bids and refer to the Aviation Director for further review. Voice vote-Ayes: Seven. Motion carried. Gem Tech Services - 5% - $1,917,228.00 Builders Chicago - 5% - $2,189,107.25 FY 2025 South Hills Golf Course Maintenance Building Contract No. 1130. Boesen/Nichols to receive and file proof of publication and notice of public hearing. Voice vote-Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Nichols to close hearing. Voice vote-Ayes: Seven. Motion carried. Boesen/Nichols Resolution confirming approval of specifications, bid documents, form of contract etc., and authorizing to proceed. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-262. Boesen/Nichols to receive, file, and instruct City Clerk to read bids. Voice vote-Ayes: Seven. Motion carried. Engineer's Estimate $205,000.00 Robison Construction, Inc., Waterloo, IA- 5% - $241,041.00, Alt A: 0.00, Alt B: 0.00 Cardinal Construction, Waterloo, IA- 5% - $374,000.00, Alt A: $13,500.009 Alt B: $600.00 Don Gardner Construction, Waterloo, IA - 5% - $292,860.00, Alt A: $16,963.00, Alt B: $2,325.00 Matt Construction, Inc., Sumner, IA- 5% -$224,800.00, Alt A: $5,600.00, Alt B: $558.00 NB Koch General Contractors, Inc., Cedar Falls, IA - 5% - $305,000.00, Alt A: $13,000.00, Alt B: $2,000.00 Boesen/Nichols Resolution awarding bid to Matt Construction of Sumner, Iowa, in the amount of$230,958.00 in conjunction with the construction of the FY 2025 South Hills Golf Course Maintenance Building Contract No. 1130. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-263. Acquisition of property (right-of-way, permanent easements, and temporary easements) for the Page 5 of 18 Page 13 of 316 La Porte Road Reconstruction Phase II Project, generally located on La Porte Road from just south of Plymouth Avenue to Hawthorne Avenue. Nichols/Wilder to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Bob Krogh, 1559 Dakota Drive, shared that he is currently landlocked with deliveries to his two commercial businesses. He shared that he is in support of the project moving forward but that he objects to the design as it cuts off access to deliveries. Jamie Knutson, City Engineer, shared that a public hearing was held on April 24 with the local business owners. He shared that he had a call with AECOM about this particular property and will look at adjusting the plans so that he will get access back, but it may not be in the same location. Nichols/Creighton-Smith to close the hearing and receive and file oral comments. Voice vote-Ayes: Seven. Motion carried. Nichols/Creighton-Smith Resolution authorizing to proceed with the La Porte Road Reconstruction Phase II Project, to make final selection of the location, to authorize funding for the public improvement project, and determine that there is a reasonable expectation the city will be able to achieve its public purpose, comply with all applicable standards, and obtain the necessary permits, and authorizing the use of condemnation procedures for acquisition of property interests in furtherance of the project objectives, and to establish the amount of just compensation. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-264. Mr. Chiles shared that he wants confirmation that the parties can continue working together and that is not final and could still be changed. Jamie Knutson, City Engineer, confirmed and explained that because state code mandates what must be done in order to go through condemnation, in the event it becomes necessary. The city prefers to work with the property owners, make adjustments and come to a reasonable agreement rather than condemnation. Michelle Sweeney, AECOM, shared additional details about the requirements and timeline to qualify for grant funding and said that they will work with the property owner to make adjustments where possible. Mr. Boesen shared that the city is going to do their best to work with the property owners around the project. Request by Peters Construction on behalf of Waterloo Development Corporation for a Site Plan Amendment to allow for a community recreation center (Hard Courts) in the "M-2, P" Planned Page 6 of 18 Page 14 of 316 Industrial District located adjacent to 360 Westfield Avenue, along West Commercial Street. Chiles/Nichols 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 Dreyer, 3145 W. 4th Street, asked how much the city has in the project. He questioned how much the street changes will cost the citizens, and if it will take away from the other street repairs that are needed to be completed in the city. Noel Anderson, Community Planning and Development Director, provided an overview of the project and stated there is no public street work with this project. Chiles/Nichols to close public hearing and receive and file oral comments and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote-Ayes: Seven. Motion carried. Chiles/Nichols 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 Peters Construction on behalf of Waterloo Development Corporation to allow for a community recreation center (Hard Courts) in the "M-2, P" Planned Industrial District located adjacent to 360 Westfield Avenue, along West Commercial Street. Roll Call vote-Ayes: Seven. Motion carried. Chiles/Nichols to suspend the rules. Roll Call vote-Ayes: Seven. Motion carried. Chiles/Nichols to consider and pass for the second and third times and adopt ordinance. Roll Call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5789. Request by Alycia Ludden to rezone approximately 7.33 acres from "A-1" Agricultural District to "R-2,R-P" Planned Residence District located at 2775 Logan Avenue. Boesen/Wilder to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Wilder to close the hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote-Ayes: Seven. Motion carried. Boesen/Wilder to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. Page 7 of 18 Page 15 of 316 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Alycia Ludden to rezone approximately 7.33 acres from "A-1" Agricultural District to "R-2, R-P" Planned Residence District located at 2775 Logan Avenue. Roll Call vote-Ayes: Seven. Motion carried. Boesen/Wilder to suspend the rules. Roll Call vote-Ayes: Seven. Motion carried. Boesen/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. 5790. Request by Olsson Engineers on behalf of Veridian Credit Union for a Site Plan Amendment for the construction of a new 2,899 square foot banking facility in the "C-P' Planned Commercial District located at 2300 Logan Avenue. Feuss/Creighton-Smith Motion to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Feuss/Creighton--Smith Motion to close public hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote-Ayes: Seven. Motion carried. Feuss/CreightonSmith 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 Olsson Engineers on behalf of Veridian Credit Union for the construction of a new 2,899 square foot banking facility in the "C-P' Planned Commercial District located at 2300 Logan Avenue. Roll Call vote- Ayes: Seven. Motion carried. Feuss/Creighton-Smith to suspend the rules. Roll Call vote-Ayes: Seven. Motion carried. Feuss/Creighton-Smith to consider and pass for the second and third times and adopt ordinance. Roll Call vote-Ayes: Seven. Motion carried. Roll Call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5791. Request by Fehr Graham on behalf of Northland Oil for a Site Plan Amendment to allow for construction of a parking lot in the "R-2, C-Z" Conditional Zoning District located across from 1000 Rainbow Drive. Boesen/Nichols to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Seven. Motion carried. Page 8 of 18 Page 16 of 316 This being the time and place of the public hearing, the Mayor called for written and oral comments. David Dreyer, 3145 W. 4th Street, shared that in the council packet it would have an adverse impact on the neighborhood. He was confused about why there would be opposition. Noel Anderson, Community Planning and Development Director, shared that some of the neighbors had concerns that Northland Oil would be moving toward the south on Rainbow Drive. Boesen/Nichols to close public hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote-Ayes: Seven. Motion carried. Boesen/Nichols to receive, file, consider and pass for the first time an Ordinance 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 Fehr Graham on behalf of Northland Oil to allow for construction of a parking lot in the "R-2, C-Z" Conditional Zoning District located across from 1000 Rainbow Drive. Roll Call vote-Ayes: Seven. Motion carried. Boesen/Nichols to suspend the rules. Roll Call vote-Ayes: Seven. Motion carried. Boesen/Nichols to consider and pass for the second and third times and adopt ordinance. Roll Call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5792. Street Department Asphalt Emulsions Seal Coat Program. 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 and there were none. Nichols/Chiles to close the hearing.Voice vote-Ayes: Seven. Motion carried. Nichols/Chiles Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-265. Nichols/Chiles Page 9 of 18 Page 17 of 316 to receive, file, and instruct the City Clerk to read the bids. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025- Bituminous Materials & Supply, LP, Des Moines, IA- 5% - $216,300.00, Alt. $60,800.00 Flint Hills Resources, Dubuque, IA- 5% - $213,500.00, Alt. $96,900.00 Nichols/Chiles Resolution approving award of bid to Bituminous Materials of Des Moines, Iowa, in an amount not to exceed $277,100.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Street Department Asphalt Emulsions Seal Coat Program, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-266. FY 2026 Sidewalk Inspection and Repair Program - Zone 5A. Creighton-Smith/Wilder to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Anthony Fullilove, 858 Olympic Drive, shared that he received a notice that he must replace two sidewalk panels and that the cost listed on the notice is very pricey. Mayor Hart shared that engineering staff were available tonight to speak with him about his concerns. Creighton-Smith/Wilder to close hearing and receive and file oral comments. Voice vote-Ayes: Seven. Motion carried. Creighton-Smith/Wilder Resolution authorizing proposed repairs to sidewalk. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-267. Creighton-Smith/Wilder Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-268. Park Avenue Bridge Marker, Contract 1121. Chiles/Creighton-Smith 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 Dreyer, 3145 W. 4th Street, commented that he does not understand why the bridge marker would be so expensive. Page 10 of 18 Page 18 of 316 Forest Dillavou, 1725 Huntington Road, shared that the city does not need a shrine to a bridge. Jamie Knutson, City Engineer, explained that as part of the $12.5 million dollar federal grant we received to replace the bridges, part of the federal rules and requirements are that we have to have something to memorialize the bridge. Chiles/Creighton-Smith to close hearing and receive and file oral comments. Voice vote-Ayes: Seven. Motion carried. Chiles/Creighton-Smith 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. 2025-269. Mr. Simon questioned if there were other options to make the bridge marker less extravagant or if some of the funding could go to the Grout Museum. Jamie Knutson, City Engineer, explained that the requirement is to have something by the bridge. Mr. Boesen commented that he believes that it is a lot of money to mount a bridge beam and that he hopes that it does not get vandalized. Chiles/Creighton-Smith to receive, file and instruct City Clerk to read bids. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-270. Engineer's Estimate $191,018.00 Boulder Contracting, LLC, Grundy Center, IA - 5% - $259,500.00 Peterson Contracting, Inc., Reinbeck, IA- 5% - $353,725.00 NB Koch General Contractors, Inc., Cedar Falls, IA- 5% - $141,000.00 Chiles/Creighton-Smith Resolution approving award of bid to NB Koch Construction, of Cedar Falls, Iowa, in the amount of $141,000.00, approving the contract, bond and certificate of insurance, in conjunction with the Park Avenue Bridge Marker, Contract No. 1121, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025- RESOLUTIONS Resolution of the City of Waterloo, Iowa, authorizing official banking signatures. Feuss/Nichols Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-271. Resolution approving and authorizing Amendment to Loan and Disbursement Agreement by Page 11 of 18 Page 19 of 316 and between the City of Waterloo and the Iowa Finance Authority, and authorizing and providing for the reissuance of the $8,105,000.00 (original amount) Sewer Revenue Capital Loan Note, Series 2022A (Rate Reduction for Sponsored Project). Feuss/Nichols Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-272. Resolution approving and authorizing Amendment to Loan and Disbursement Agreement by and between the City of Waterloo and the Iowa Finance Authority, and authorizing and providing for the reissuance of the $7,948,000.00 (original amount) Sewer Revenue Capital Loan Note, Series 2024A (Rate Reduction for Sponsored Prosect). Feuss/Nichols Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-273. Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $517,000.00 Sewer Revenue Capital Loan Notes, Series 2025F of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Feuss/Nichols Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-274. Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa, and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $530,000.00 Sewer Revenue Capital Loan Notes, Series 2025E of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Feuss/Nichols Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-275. Resolution Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement. Nichols/Wilder Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-276. Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Tax Exemption Certificate and Continuing Disclosure Certificate. Nichols/Wilder Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-277. Resolution Appointing Paying Agent, Bond Registrar, and Transfer Agent, Approving the Paying Page 12 of 18 Page 20 of 316 Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the Execution of the Agreement. Nichols/Wilder Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-278. Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds; Approval of the Continuing Disclosure Certificate. Nichols/Wilder Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-279. Resolution approving a Renewal Agreement with National Insurance Services for fees associated with life and long-term disability policies, and authorizing the Mayor and City Clerk to execute said document. Chiles/Wilder Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-280. Resolution approving a Professional Services Contract with Employee and Family Resources of Des Moines, Iowa, in the amount of$12,720.00, to continue to provide an Employee Assistance Program, and authorizing the Mayor to execute said document. Chiles/Wilder Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-281. Resolution approving a Professional Services Agreement with Strand Associates of Madison, Wisconsin, in the amount of $600,000.00, in conjunction with the Design Services Anaerobic Lagoon Modifications, and authorizing the Mayor to execute said document. Chiles/Wilder Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-282. Resolution approving an amendment to a Development and Minimum Assessment agreement with Hydrite Chemical Co., located at 2815 WCF&N Drive, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Wilder Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-283. Resolution approving Amendment No. 1 with AECOM Technical Services, Inc., of Waterloo, Iowa, with no change to the total agreement amount, in conjunction with the Airline Terminal Parking Canopy Structures Construction Related Services Agreement dated December 18, 2023, and authorizing the Mayor to execute said document. Creighton-Smith/Wilder Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Page 13 of 18 Page 21 of 316 assigned No. 2025-284. David Dreyer, 3145 W. 4th Street, questioned if this was FAA money or our money because we own the airport. Steven Kjeraard, Director of Aviation, shared that this is CARES Act and state money. Resolution approving agreements with ACCO Unlimited Corp. to supply certified chemicals (Liquid Chlorinated Solution and Muratic Acid) and equipment associated with the treatment of water at Byrnes Aquatic Center, Gates Park Splash Pad, and Sportsplex Pool. Creighton-Smith/Wilder Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-285. David Dreyer, 3145 W. 4th Street, questioned why muriatic acid is being used in a swimming pool. Todd Derifield, Interim Leisure Services Director, shared that it is used to knock down the alkaline that builds up in the piping and also affects the pH balance. Resolution approving a Farm Lease Agreement, expiring December 31, 2025, with John R. Wolfe, to farm fourteen acres of land for $4,200.00, located west of 4634 Kimball Avenue, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Wilder Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-286. Resolution to approve a request by Panther Builders for the Preliminary Plat of Baltimore Fields 2nd Addition, an 18-lot residential subdivision in the "R-1, R-P" Planned Residence District located at Baltimore Field, between Hawthorne Avenue and Eureka Street. Feuss/Wilder Roll Call vote-Ayes: Five. Nays: Two (Boesen, Simon). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-287. Mr. Boesen commented that his concern is that the city has not yet seen the road or houses built with two extensions of the development agreement. He shared that we could make better use of this land by working with Mr. Jones in Community Development and use some of the ARPA money, to put the road in and deed those lots to Habitat and Hawkeye to create some low-to-moderate income housing that fits the needs of the people in that area. Noel Anderson, Community and Planning and Development Director, shared that the workforce housing task credits are a crucial piece of the financing for a lot of developers. He commented that Panther Builders had recently built out the Edison School site, and it was a great partnership with the City of Waterloo, and something that we are hoping to continue with this site. Kevin Fittro, Panther Builders, commented that they have the financing and are looking to get started in May. He shared that they are excited to be adding to the tax base as they did with Page 14 of 18 Page 22 of 316 the thirty-two units at the Edison School site. Mayor Hart questioned when the work would begin. Kevin Fittro shared that they are looking to have crews there in May or June. Resolution approving an Amendment to the Development Agreement with PWM 1 Warehouse, to amend the percentage of property tax rebates for years twelve through seventeen in the rebate schedule, for a building located at 3460 Marnie Avenue, and authorizing the Mayor and City Clerk to execute said document. Nichols/Creighton-Smith Roll Call vote-Ayes: Four. Nays: Three (Boesen, Chiles, Simon). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-288. David Dreyer, 3145 W. 4th Street, questioned who PWM is and why we are changing the original contract. Noel Anderson, Community Planning and Development Director, provided an overview of the project and the reason for the amendment. Brandon Pratt, Lion Development Group/PWM, provided additional information on the company's vision and the reason they requested an amendment. Mr. Simon questioned if this amendment could be revisited after they get tenants. Mayor Hart clarified that they will use whatever savings to negotiate deals ahead of time to incentivize new tenants. Mr. Boesen shared his concerns and that he is currently not in favor of this amendment. Resolution approving an Amendment to the Development Agreement with Baltimore Fields, LLC, for a new residential subdivision located between Hawthorne Avenue and Eureka Street, and authorizing the Mayor and City Clerk to execute said document. Feuss/Wilder Roll Call vote-Ayes: Five. Nays: Two (Boesen, Simon). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-289. David Dreyer, 3145 W. 4th Street, asked if this is creating a residential TIF and, if so, does it not take council approval to do so. Noel Anderson, Community Planning and Development Director, commented that staff are looking at the Elev8te Housing Policies to create more housing opportunities in the city of Waterloo. This would be the first standalone residential TIF which is being seen in more cities statewide, including a lot of our surrounding communities. Mr. Boesen commented that he is against creating a residential TIF in Waterloo and that the other cities that are doing this are in better financial shape than we are. Noel Anderson explained the set-ups for residential TIFs and how those would be released and Page 15 of 18 Page 23 of 316 distributed. Resolution approving Elev8te Housing Policies 2025 for the City of Waterloo. Feuss/Creighton-Smith Roll Call vote-Ayes: Five. Nays: Two (Boesen, Simon). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-290. Noel Anderson, Community Planning and Development Director, provided a broad overview of the Elevate Housing Policies. He explained that it isn't just Cedar Falls and Hudson who are using the residential TIFs; Some of our larger housing developers are based out of Iowa City and Cedar Rapids area, where these TIFs are being used and noted that in order to have the larger developers continue to come here and build the housing units we know we need, we are competing with a lot of cities statewide. David Dreyer, 3145 W. 4th Street, commented that this is backwards from what it should be. We need businesses to come to Waterloo before building more housing. Forest Dillavou, 1725 Huntington Road, commented that the residential TIFs penalize property owners by raising their taxable value, causing them to raise the price of rent. Noel Anderson explained that the Edison site is in the TIF district because it was one large site and dividing parcels is not allowed when we adopt a TIF district. Now that the lots have been platted, the houses will be released out of the University TIF district, leaving just the commercial buildings. David Boesen commented that he would like to see an expiration date on the incentives in target areas when the ARPA funds run out. He further commented that he is not in favor of targeted areas or the residential TIFs and would rather see ARPA funds used on the demolition of blighted buildings, and would appreciate streamlining the Parkview Gardens area. Belinda Creighton-Smith shared that she is very interested in the targeted areas as she and her constituents live with blight right nextdoor or across the street. Mr. Chiles commented that one of the things noted was that the TIF could be at a lower incentive and asked if the ultimate goal with the residential TIFs was to increase our tax base to an amount that we could continue to lower our levy rate like we did this year. Noel Anderson confirmed. Mr. Chiles shared that the only way he would be in favor of this was if it was in areas that currently receive no taxable income. Mr. Boesen questioned the source of the funds for the infill monies paid to the homeowner. Noel Anderson commented that the money currently comes from nuisance bonds or housing improvement funds. Council members and the Mayor continued the discussion on TIF incentives with Noel Anderson and the developer. Page 16 of 18 Page 24 of 316 Resolution approving an Amendment to a Development Agreement with Steven and Yvonne Smith, amending Section 8 to include a grant of$12,000.00 for the replacement and installation of a new fence on the property at 2324 Maynard Avenue, and authorizing the Mayor and City Clerk to execute said documents. Feuss/Nichols Roll Call vote-Ayes: None. Nays: Seven. Motion failed. Resolution No. 2025-291. David Dreyer, 3145 W. 4th Street, commented that taxpayers should not be asked to share the cost of someone putting up a fence. Noel Anderson, Community Planning and Development Director, reviewed the property and why this is a unique circumstance. Mr. Boesen commented that he does not support the request for an amendment. Mr. Chiles questioned the uniqueness and why we would entertain this. Noel Anderson explained that the requestor claimed it was unique because the rest of the soundwall is the city's responsibility as a public soundwall. ORDINANCES Request by Panther Builders for a Site Plan Amendment in the "R-1, R-P" Planned Residence District located at Baltimore Field, between Hawthorne Avenue and Eureka Street. Wilder/Feuss to receive, file, consider and pass for the first time an Ordinance amendment to Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Panther Builders for a Site Plan Amendment to allow for residential development with eighteen lots and two stormwater tracts in the "R-1, R-P" Planned Residence District located at Baltimore Field, between Hawthorne Avenue and Eureka Street. Roll Call vote-Ayes: Five. Nays: Two (Boesen, Simon). Motion carried. Wilder/Feuss to suspend the rules. Roll Call vote-Ayes: Seven. Motion carried. Wilder/Feuss to consider and pass for the second and third times and adopt ordinance. Roll Call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5793. ADJOURNMENT Feuss/Chiles that the council adjourn at 8:00 p.m. Voice vote-Ayes: Seven. Motion carried. Page 17 of 18 Page 25 of 316 Kelley Felchle City Clerk Page 18 of 18 Page 26 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer May 19, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving the request of Shane Barker, for a waiver for a concrete driveway, located at 2319 Osage Avenue, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on the city right-of-way on an unimproved street. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1.Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. NEIGHBORHOOD IMPACT This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 27 of 316 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION AUDITOR RAINBOWS PLAT MAYWOOD SECOND FILING WLOO BLK 38 LOTS 19, 20, 21 ATTACHMENTS 1. DW Waiver 2319 Osage Ave Page 28 of 316 WAVER Date: � ✓� Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a(n) 1 driveway or sidewalk located at (� oncrete r s -Q 3R UGze (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of twelve dollars ($12.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Signature of roperty Owner �RC.GL AD J aj1ZZ93 9'�Opc? Page 29 of 316 , Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo,,,IA 50704 Phone(319)234-5701 DEVELOPMENT AGREEMENT — Phased Development This Development Agreement (the "Agreement") is entered into as of Aor;l , 2025 by and between 3 Stooges, LLC (the "Company") and the City of W terloo, 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 30 of 316 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 Phase 1 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. Development Phasing. The parties contemplate that Company may develop the Property 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: Phase 1 shall consist of one commercial facility of approximately 50,000 square feet, and any additional phases shall consist of one or more additions or new buildings. Company shall construct on the Property the improvements described above, and related landscaping, storm water, paving, signage and parking improvements (collectively, the "Improvements"). The Improvements relating to each separate phase are referred to as the "Phase 1 Improvements" and "Future Phase Improvements," as applicable. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. For each phase, City may require that Company submit specific 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 2 Page 31 of 316 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 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 Phase 1 Improvements within four (4) months after the date of conveyance (the "Phase 1 Start Date") and 3 Page 32 of 316 Substantially Complete construction within fourteen (14) months thereafter (the "Phase 1 Completion Deadline"). To qualify for property tax rebates, Company must Substantially Complete construction of Future Phase Improvements within five (5) years after the date of conveyance (the "Future Phase Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the phase 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 been completed to City's reasonable satisfaction. 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 the construction of any phase 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 Phase 1 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 Phase 1 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. The Property as a whole shall be subject to reverter of title if Company is in default as to Phase 1. 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 or applicable portion thereof, 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 conveyed back to City, 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 4 Page 33 of 316 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, which appointment is coupled with an interest and is irrevocable. 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 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 water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property. Company will be responsible for payment of any associated connection fees other than water connection fees, which will be paid by City. 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 $3,200,000.00 (the "Phase I Minimum Actual Value"), through: (i) willful destruction of the Property, the Phase T Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government, 5 Page 34 of 316 Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. In connection with construction of Future Phase Improvements, the parties will execute and record an amendment to the MAA for the purpose of increasing the Minimum Actual Value of the Property to an amount that reflects the added value of the Future Phase Improvements. 9. Tax Rebates. Provided that Company has completed Phase 1 Improvements before the Phase 1 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 Phase 1 Improvements, as follows: Year One through Year Ten 50% rebate each year for any assessed value added by the completed Phase 1 Improvements (each such payment is a "Rebate") over the base value of$44,950.00. If any Future Phase Improvements are completed as required by this Agreement and any amendment hereto or to the MAA, then property taxes paid on the value added by such Improvements shall be eligible for Rebate, on the same basis set forth herein, for five (5) years at a rebate of 50% per year. 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 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 respective Phase 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 such Phase Improvements due to partial completion of such Phase Improvements or a partial Fiscal Year. As an example of the above provision, in the event that Phase 1 Improvements on the Property are completed prior to January 1, 2027 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, 2027 assessed value would be for the Fiscal Year ending June 30, 2029, with the taxes payable one- 6 Page 35 of 316 half by September 30, 2028 and one-half by March 31, 2029, then the first Rebate could be applied for after March 31, 2029 and prior to April 1, 2030. % 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 9 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 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 7 Page 36 of 316 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. 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 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 slate, 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 with respect to each phase of Improvements: 8 Page 37 of 316 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 termination date of the MAA(s), 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 applicable MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the applicable MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and phase 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 termination date of the MAA(s), 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 9 Page 38 of 316 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 or City ordinance, of the taxation of real property included within the Property. 13. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 13, 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 10 Page 39 of 316 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. 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 11 Page 40 of 316 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. 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; 12 Page 41 of 316 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. 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 13 Page 42 of 316 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, 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, 14 Page 43 of 316 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 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. 15 Page 44 of 316 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. CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: Quentin M. Hart, Mayor Anthony Wschels 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 els 16 Page 45 of 316 EXHIBIT "A" Legal Description of Property Lots I and 2, Waterloo Air and Rail Park 16'Addition, City of Waterloo, Iowa. 17 Page 46 of 316 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of r' , 2025, by and among the CITY OF WATERLOO, IOWA ("City"), 3 S OGES, 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 $3,200,000.00 (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, 2026 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. 18 Page 47 of 316 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, 2036. 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 clue, 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 48 of 316 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 49 of 316 CITY OF WATERLOO, IOWA 3 STOOGES, LLC By: By: Quentin Hart, Mayor Anthony F' els, Manager By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2025, 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 ) 21 Page 50 of 316 Subscribed and sworn to before me on ;^, r 2025 by Anthony l=ischels as Managing Member of 3 Stooges, L.L.C. At AL DEBRA DEBRA MARIE BORWIG COMMISSION NO.820140 * MY MMiSSiON IXPiRES �04VA - Notary Public 22 Page 51 of 316 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 Three Million Two Hundred Thousand and 001100 Dollars ($3,200,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA } ) ss. COUNTY OF BLACK HAWK } Subscribed and sworn to before me on , 2025 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public 23 Page 52 of 316 N 00 CITY OF CEDAR FALLS , IOWA w i' BLACK HAWK COUNTY >' Q0 32 O 3� N w � PLANS FOR BUILDING AND PARKING LOT CONSTRUCTION ' AT LOTS 1 &2 OF WATERLOO AIR & RAIL PARK 1 st ADDITION PREPARED BY VJ ENGINEERING wATERL°o MUNICIPAL p MARCH , 2025 T 90N AIRPORT 0_) 0 l _ 3:: T 89 N U 0 V) o _ PROJECT LOCATION p N89°21'05"E LO LL_ 905.33' L FO G G G G G G G G G G G � z 6 W W W W W _ W W - W W W W \ \ "SAN— — X-'IrsAN-= — - — — X- - WARP DR. — — — — - — N —i2"SAFE X-TT'SAN3X-'12"SXI�— — — _ — — — — -12"SAN — XIS- `AN — � --__ ____ i \ - -- -.__->.---_---- --- ,, -24"ST -- X-24"ST X-24"ST X-24"ST X-24"ST X-24"S X-24"ST — X-24"S FO F C4 RR — — — — — — — — — — — — — — — — — — _ 1 n 1 O � I II II I I I COT X c) 0 o II I I �� O I I I I I 2 iI I I S I n CT G7 Q I II � I � _'I I I � I o q �� - INDEX OF SHEETS a SHEET. NO. SHEET NAME REVISION DATE W II a 1 COVER SHEET J a W 2 EXISTING CONDITIONS AND DEMOLITION PLAN 3 CIVIL SITE PLAN — — 4 CIVIL SITE DETAILS W — II II II � h i l i VIII O O O O -- 5 STORM WATER POLLUTION PREVENTION PLAN Q I � IIII w = p O �O _ _ C06 O O W J r\ Qf O O �OCDO I Z7 I I I Q O � --- NOTES. > w � o 0 1.) SCALE NOTED ON TITLE BLOCK RELATES TO FULL-SIZED PLOTS (22x34). N C:) O II 2.) CONTRACTOR SHALL CONTACT ENGINEER OF RECORD FOR CLARIFICATION PRIOR TO I CONTINUING TO WORK IF DISCREPANCIES ARE FOUND IN PLAN SET. UTILITY STATEMENT Q p Q O it b I MC-)UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND U 0 0 0 0 00 0 0 0 0 0 0 0 0 0�0 -----' EXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWN ����� ���������� � -' ��� � -- ;; � �� � � � � � � COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER 1 0 0 0 0 0 0 0 0 DOES NOT WARRANT THAT THE UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE I 1o�o�o�o�o�o1_ o�o/ o�o�o�o�o DOES DECLARE THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE. O o �O oO� 7 � 5 G, j F THE CONSTRUCTION OF THE SANITARY SEWER, STORM SEWER, AND WATER SYSTEMS SHALL BE IN T ACCORDANCE WITH THE STANDARD SPECIFICATIONS FOR MUNICIPAL IMPROVEMENTS WITHIN THE CITY Scale O T III III III �������C G/"> �� 0 ����0 ��O O O ��O �O =--- 99 e 9 0 0 0 0 0 0 0 0 0 0 0 _ o 0 0 0 0 0 0 0 o cam - 0 0 0 0 0 0 0 OF CEDAR FALLS, IOWA, AND THE STATEWIDE URBAN DESIGNS AND SPECIFICATIONS (SODAS), 1 e 40 ��_ ��tU" – �������/���T NORTH �o �o � ��o �o �o �o �o �o �o �o �o �o �o - �o �o �o �o �o �o �o� ®ran 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - o 0 0 0 0 0 0 0 0 0 0 I IC I I \ O O O O I, �� ����������� � I hereby certify that this engineering document was RTA ' E prepared by me or under my direct personal supervision Reviewed I xl G, FESS I0 %i and that I am a duly licensed Professional Engineer under \` O ° ° ° ° ° ° °7 �/ the laws of the State of Iowa. RTA OI II\ II\z O O O O O O O O O O O O -O \O - O O O D/�O/�0,�/�O O O _ _ _ O O O O O O O _ _ _ \\ n�o 0 0 o /// — — — ---- `(o `o —I— - - - -- - - --- - - - - 0 40' 80' Date '- —" o o i - - - - �v ° Licensed �G) ; 2025,03,27 -- _ -------- - - ----- - - - -- -- -- --- ------ ------- - --- _ z .a ° Revisions- - - - � — , --- -- -- -- -- - - --- - - - - - - _ a a = L .E. DATE w - ---- iI ---------- - ---- - - ------------------------ _ ------- --- IOWA — °° - - ------ ----- v au ; , ° "----- _ cense number P 6099 "- ----___ ------------ - -- - - - -- - - - -- --- -- --- - -- Arch ----- - o II _ _ — 1 _ -------- -- - - ------ -- - ---------- -- -- -- ---------- ---- \ ONE CALL ° ° _ ° y license renewal date is December 3 , 2025 ' o � - 1------- ------- - - - - - - - - - - --- - — — — — — — — — — — - - - _ - - - - - _ s89°2���s°w �+ 800 / 292-8989 /''�i 1 ° ° `�\\ M � � � 1 X ---- \\ S8409.82'„W- --,\ _ — — — _ \ 300.03' TOLL FREE I '\ z CALL-BEFORE-YOU-DIG /// i i��\\ Pages or sheets covered by this seal: ALL SHEETS IN INDEX � I I 258014) 6 Z Hand Hole Fiber Optic O N89°21'05"E 10.00'Publi 905.33' Fnd 1/2"0 Rebar 10.00'Public Utility Easement � Blue Plastic Cap#22259 - — s"MaininWarpDr. lays G G GENERAL DEMOLITION NOTES: F G G G G G G G C' G G 6'South of North line of Warp Dr. =Valve Location Unknown 1.) ALL ITEMS NOTED FOR REMOVAL SHALL BE INCLUDED IN THE CONTRACT (� Ho Z 8"Main in Warp Dr. lays Valve Location UnknownW W W FOR GENERAL CONSTRUCTION. QD W 6'South of North line of Warp Dr. W W W W W W W Sanitary Manhole Ln alve buried un - - -- der snow pile W _ _ _ — — - — — Rim:870.04' - - - 2.) LIMITS OF REMOVAL SHOWN ON DEMOLITION PLAN ARE APPROXIMATE. --- / FL:855.04' -- Storm Int ACTUAL QUANTITIES MAY DIFFER DUE TO FIELD CONDITIONS. CONTRACTOR Storm Intake x � -SAW CUT 130 LF EX.CURB Rim:870 XT Rim:870.08' ——�e,zsArr= = X_T2-SA� x-r2"S — AND GUTTER AT JOINT ` �— — A FL.86 E RESPONSIBLE FOR ALL DEMOLITION, REMOVAL AND RESTORATION _n - 2"SAN - SAN __ -__ WORK. -12"SAN - - - X-12"SAN - - - X-12"SAN - -�� X-12"SAN - - X-12"SAN - - - X-12"SAN - XOR- - - - 4 SHALL B R O — FL:866.18' Storm Intake ------___-- Rim:870.10' N Sanitary Manhole Rim:871.48' FL:865.43' ) FL:854.08' "� - ---------- -- --�__ 3. CONTRACTOR SHALL BE RESPONSIBLE FOR REMOVING ALL NOTED - X-24"ST - - - X-24"ST - - - X-24"ST - - X24"§T - - - X-24"ST - - - X-24"ST - - - X-24"ST - - - X-24"ST - - - X-24"ST - - =-X-�4"ST - - - X-24"ST - T -cn___ --__ MATERIALS FROM SITE AND DISPOSING OF THEM IN AN APPROVED N ———_ i — N Z --' FO FO Storm In Dr---- � I Zi --��, FO FO FO-- -- _ � Rim:87C .� _ O - FL:86 4.) THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ANY REQUIRED n in Leversee lays ! �� --- — — — — — — — — — �� — — — — — — — — — — — — — — PERMITS FOR DEMOLITION AND DISPOSAL. BONDING AND PERMIT FEES �� _ _ _ - — - - - - - - _-- t line of Leversee — — — — --- -- --- I — — — — Fnd 1/2"0�Rebar - SHALL BE THE CONTRACTOR'S RESPONSIBILITY. �) — BURIED FIBER CABLE- — — — — — — — �- ._—— — — �`--_ _--- i TO � � _ __-�- Blue Plastic Cap#22259 i Sanitary Service Stub � O Sanitary Service Stub SAW CUT 165 LF EX.CURB 10.00'Public Utility Easement __- 10.00'Public Utility Easement Water Service Stub - 5.) ITEMS NOTED FOR REMOVAL SHALL INCLUDE ANY UNDERGROUND 0 O AND GUTTER AT JOINT -, Water Service Stub COMPONENT INCLUDING, BUT NOT LIMITED TO: FOUNDATION, SLABS, TREE ,� Valves Location Unknown ��N89°21'09"E ROOTS, PIPES, WIRES, AND ANY OTHER MATERIAL. L1J - 300.04' I _n N89°21'36"E V O x 416.30' 6.) THE CONTRACTOR SHALL BE RESPONSIBLE FOR CUTTING AND PLUGGING N — I I i - EXISTING UTILITIES. IN THE CASE THAT THE CONTRACTOR IS NOT ABLE TO CUT AND PLUG THE EXISTING UTILITY THEY SHALL BE REQUIRED TO O --- COORDINATE WITH THE EXISTING UTILITY COMPANY. (ALL SERVICES MAY C L.C7 L� NOT BE SHOWN ON THIS DRAWING). I - 30.00'Sanitary Easement --- I O - I ---' 7.) BACKFILL EXCAVATIONS RESULTING FROM DEMOLITION SHALL MEET - ---- REQUIREMENTS PROVIDED BY GEO-TECHNICAL ENGINEER. 0 -- I I I -----_ 8.) THE CONTRACTOR SHALL SAW CUT EXISTING PAVEMENT TO PROVIDE A N -----__ CLEAN EDGE (MATCH TO EXISTING SAW-CUTS WHEN POSSIBLE). U I I I I I 60.00'Sanitary Sewer, I 9.) UPON COMPLETION OF SITE DEMOLITION THE PROPERTY SHALL BE CLEAN, C Drainage&Utility Easement, CLEAR, AND DEVOID OF ALL NOTED ITEMS FOR REMOVAL. -n II , I I o ----, - 10.) THIS IS NOT A CERTIFIED BOUNDARY SURVEY. BOUNDARY OF EXISTING SITE 1 FOR CIVIL DESIGN AND CONSTRUCTION DOCUMENT USE. MISSING MONUMENTS WILL NOT BE RE-SET. ---- I I I I I III I J1 N - FEMA INFORMATION: o ZONE X -AREAS TO BE DETERMINED TO BE OUTSIDE THE 0.2% O I G I ANNUAL CHANCE FLOODPLAIN - PER FEMA PANEL 19013CO166G 1 I I I I EFFECTIVE MAY 08, 2024. I I I I I I \ - - - - - - - - - - - - - - - - - - PROPERTY INFORMATION: Z — — — — — ' — — — am in Leversee lays ,T I WATERLOO AIR AND RAIL PARK 1ST ADDITION LOT 1 EXC THAT I I I I \ \ East line of Leversee of I \ \ PORTION OF WATERLOO AIR AND RAIL PARK 1ST ADDITION LOT 1 THAT LIES ~ WITHIN THE S 8 RDS OF W 20 RDS NW 1/4 SW 1/4 SEC 32 T 90 R 13, AND C:) I I I I I I I - / WATERLOO AIR AND RAIL PARK 1ST ADDITION LOT 2 j wN01°23'13"W Q 500.06' v I , o � � i I Y II I � I I I Q --I r Q I i i I, ii i III G) I / - - - - �' - - - _ _ I I I - — , - - - C)\ 30.00'Sanitary Easement I I I I I I I S / LLJ I _--- I II I TI , I O _ x G) I I I I I I In I C) C) 1`10 V) =I p I II I II - '----- '- cl:-_Q II C:) LEGEND REMOVALS LEGEND w Lr) SIDEWALK O =I�� I Existing Proposed REMOVE PCC W 0 Ili O 1 11 11 ` ,. --- - -- -- - -- --- - ---- — _ BOUNDARY LINE 0 C.D C, ` Sanitary Manhole Q � Rim:873.93' � i EASEMENT LINE REMOVE HMA PAVEMENT PROPERTY LINE REMOVE EXISTING SECTION/R.O.W. LINE o o LANDSCAPING/GRAVEL I I I -- SETBACK LINE x `-------- FULL-DEPTH SAW CUT aoo oao CONTOUR LINE 21 60.00'Sanitary Sewer, O Li l Drainage&Utility Easement E E ELECTRIC LINE 0 1III _---� c� x— —x— — FENCE LINE I I I I I l __----- c c FIBER LINE N GAS LINEOF ZI _- -- --- -OHu- -OHu- OVERHEAD UTILITY LINE 11 6 x-SAN- -SAN- SANITARY SEWER LINE I 1 ' SILT FENCE LINE Scale Ix 50.00'Storm Sewer Easement ,� 50.00'Storm Sewer Easement - -X-ST STORM SEWER LINE 1 >> e 30' _n I I I N —Ji l o l ZI G) l -- - NORTH T T TELEPHONE LINE I I � 1 30.00'Sanitary Easement ��� '' - -- -- -- -- - TELEVISION Drawn _ _ _ _ _ _ --- -I-, _ — — — — I ` #110 - \ C�872.13 ------- — — — — - --- — — — — _ -——_____-=— ��— — — — — — — — — — - - - - ---- --- - - - - --- ---- -- -------------------- \I _ _4--- --------------- --------------------- — — — — — — — — — — — — — — — — — — — — ------------- ---------------------------------------------------------- BENCHRMA KTY ORN Reviewed \_ -------- - 1--- - — — — — — — — — — — — -------------- --------------------------------------------------- ----- - -- - - - - - ----- 2025.03.27 _ -- --------------------- -- CONIFEROUS TREE --------------------- --------- ---- - __ C� C DECIDUOUS TREE Date © © GAS MANHOLE p� 0 60 ------------------- --- 2025 03 30 I I I __ _ ------------ ,,______ , GAS VALVE 30' --- --------------------- ---------- Fnd 1/2"0 Rebar ;I ---------- - ---------------------------------- Bent to the North OO OO SANITARY MANHOLE R0VIS1®nS lD — — — — ----------------------------------------------------------- -------------- ------ -- ------------------- _ SIGN — \ — ------- - ---------- - - — — — — — — — — — — — — — — — — — --- S89°2Y'16"W - ❑o ❑❑ STORM INTAKE ----------989`21'70"W-------, — — — — — — 300.03' I '---- -- 409.82' — \--- ---- OO ® STORM MANHOLE IOWA T1 \ \ \ \ I O �� ❑T ❑T TELEPHONE PEDESTAL - -- - - -- ONE CALL x � � UTILITY POLE o -_ + 800 / 292-8989 = O z i G) - Yb 1C WATER HYDRANT TOLL FREE CI WATER SHUT OFF CALL-BEFORE-YOU-DIG � I Da D4 WATER VALVE 25801 4 I 6 GENERAL GRADING, EARTHWORK, AND DRAINAGE NOTES: z 1.) THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE STRIPPING AND REMOVING EXCESS TOPSOIL N89°21'05"E FROM THE SITE. ANY TOPSOIL THAT CANNOT BE USED ON THE SITE SHALL BE BURIED ON SITE IN 905.33' LANDSCAPE AREAS. ALL TOPSOIL SHALL REMAIN ON SITE PER GENERAL PERMIT NO. 2. (� 00 :5- G G G G 2.) THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE REMOVAL AND DISPOSAL OF ALL VEGETATION Ln F G G G G G G G G G G AND ORGANIC MATERIALS FROM THE SITE THAT RESULTS FROM CLEARING & GRUBBING ACTIVITIES. Z W W W W W W W 3.) THE CONTRACTOR SHALL BE RESPONSIBLE FOR STRUCTURAL FILL MATERIALS IF SUITABLE MATERIAL IS >, � W w w w W - W W EXISTING SANITARY NOT AVAILABLE ON SITE. TESTING OF SUITABLE MATERIAL SHALL BE THE CONTRACTOR'S O N - - - - - - SERVICE STUB. ------ \ RESPONSIBILITY. DISPOSAL OF ALL EXCESS OR UNSUITABLE MATERIALS SHALL BE THE EXISTING WATER SERVICE STUB --- _ ABANDON DISCONNECT AT"T" ---- RESPONSIBILITY OF THE CONTRACTOR AND AT THEIR EXPENSE. _ N CONNECT TO EXISTING GE VALVE S - - - _ rsAN - 12-SAW -n - - - WARP DR. _ _��2^sAr� = x- sA� �12"S - - -1T INTAKE. FL:865.53 ) ALL DISTURBED AREAS THAT ARE NOT SALVAGE ,��� �z�aN' -12"SAN - - - X-12"SAN - - - X-12"SAN - X-12"SAN - - - X-12"SAN - - X-12'SAN - - __ _ - _ MATCH EXISTIN - � ' � Storm Intake � � MATCH EXISTING CURB ---- - 4. THE CONTRACTOR SHALL PROVIDE 8" OF TOPSOIL (MINIMUM) INA � MATCH EXISTING CURB Rim:870.10' AND PAVEMEN AND PAVEMENT _� TO BE PAVED. FINAL GRADES SHOULD BE SMOOTHLY FINISHED AND ENSURE POSITIVE DRAINAGE. FL:865.43' - - - - - - -- -- L I EXISTING WATER SERVICE STUB _ �- -- - 869.76 - 870 - - X-24"ST - - X-24"ST T - - x-z°" --- x-2a"sT�- - - x-24"sT - 4"ST - x�4"ST PRIOR TO RE-SPREADING, TOP SOIL SHALL BE SCREENED TO BE FREE OF SUBSOIL, DEBRIS, AND O AND PAVEMENT _ DISCONNECT AT"T" 4\` N - - - ��, ,�� STONES. N 0 Z ---- SALVAGE VALVE Z ' FO FO - FO FO 6 - - - - - - 5.) WHERE SHEET DRAINAGE FLOWS FROM LANDSCAPED AREAS ONTO PAVED AREAS, THE FINISHED �� O °' GRADE OF THE LANDSCAPE AREA SHALL BE 1/2 INCH ABOVE THE TOP WHERE SHEET DRAINAGE FLOWS I FROM PAVEMENT TO LANDSCAPED AREAS, THE FINISHED GRADE IN THE LANDSCAPE AREA SHALL BE 1/2 L LJ c- T * PROPOSED 6" 6"STANDARD CURB END _ - SANITARY SERVICE 6"STANDARD CURB END INCH BELOW THE PAVEMENT. U O D 10.00'PUBLIC UTILITY EASEMENT i� 872.33 872.42 i \ 872.57 872.12 872 s 6.) ALL SPOT ELEVATIONS INDICATE FINISHED GRADE, UNLESS OTHERWISE NOTE. 75.0' iv o _ 7.) PROVIDE POSITIVE DRAINAGE IN ALL AREAS AND AWAY FROM ALL BUILDINGS. 00 c� s72.s1 0 N 873.21 872.90 LO L_L --------- 8.) THE CONTRACTOR SHALL DETERMINE EXACT QUANTITIES OF CUT AND/OR FILL FOR ESTIMATING AND lid i i I CONSTRUCTION. THE CONTRACTOR SHALL ALERT THE ENGINEER OF ANY EXCESSIVE CUT AND/OR FILL 80.0' DISCOVERED DURING EARTHWORK OPERATIONS. O ---- --- -- 9 A I I i 3 - 874__.07 SO I I , 100 0' � I I I S 873.50 � 10.0 - 873.82 � ° � a o p 873.67 p T o 081 N ah' - -- 9.) THE CONTRACTOR SHALL ADJUST TOPS OF ALL STRUCTURES TO MATCH FINAL GRADE AS NEEDED. N h o a --- U � O O 10.) THE CONTRACTOR WILL BE RESPONSIBLE FOR ALL SAFETY REQUIREMENTS ON-SITE, AS WELL AS THE 873.88 N 873.97/ 874.36 PROTECTION OF ALL UTILITIES AND/OR STRUCTURES DURING EARTHWORK GRADING PROCEDURES. 873.67 w 8 a � x873.24 m -22�° 11.) ALL GRADES IN PAVED AREAS, RAMPS, AND SIDEWALKS IN VICINITY OF HANDICAP PARKING AND @ a ACCESS AREAS SHALL COMPLY WITH FEDERAL, STATE, AND LOCAL CODES. 60.00'SANITARY SEWER, g13 a a 873.64 \ TY EASEMENT. a TRANSITION FROM 0 o I DRAINAGE&UTILITY I �o i 1'TO 6"CURB o TRANSITION FROM q a o VTO6"CURB GENERAL SITE NOTES: 874.40 873.30 a p 1 i i I `b1/ 874.24 873.30 ��� o R I N o 0. ti°� 1. DIMENSIONS AND RADII ARE REFERENCED TO THE BACK OF CURB OR EDGE OF PAVING, UNLESS a a 874.43 Q- ) 6"STANDARD CURB a N /4.54 I a`sp 81 873 6"STANDARD CURB Ozi � OTHERWISE NOTED. ------ o a o - --'' 2.) ALL DIMENSIONS TO BUILDING ARE REFERENCED TO THE OUTSIDE FACE OF STRUCTURE'S FACADE. 875.06 N --- N 874.76 874.76 3.) BUILDING DIMENSIONS SHOWN ARE FOR REFERENCE PURPOSES ONLY. THE CONTRACTOR SHALL 1'CURB 90.0' W o �,r o x75.08 874.90 USE THE ARCHITECTURAL AND STRUCTURAL PLAN SET FOR EXACT BUILDING DIMENSIONS. 875.05 cr, rn °n (0 I o o° 875.37 0 C", 4.) ALL PROJECT COMPONENTS THAT FALL WITHIN THE PUBLIC RIGHT-OF-WAY SHALL CONFORM TO 30 CY CLASS D RIP RAP LOCAL AND/OR STATE SPECIFICATIONS AND REQUIREMENTS. II i 30 CY CLASS D RIP RAP W I 000, v 872 a 5.) ALL PROPOSED HANDICAP RAMPS, PARKING AREAS, AND ACCESSIBLE ROUTES SHALL STRICTLY a a J V I J N' 871.70 � c� 871.70 a FL:867.68 875.85 COMPLY WITH CURRENT LOCAL, STATE, AND FEDERAL REGULATIONS, INCLUDING BUT NOT 875.85 AL 875.38 Q a -- 875.85 ZLZL �� NECESSARILY LIMITED TO THE ADA ACCESSIBILITY GUIDELINES (ADAAG). 12"MAIN IN \ I� I� I o - - 871.84 LEVERSEE LAYS Y _ - _ - -- \ / - O Q \ o - s71.s4J 871.84 � 0 6.) ALL ADA ACCESSIBLE ROUTES SHALL HAVE DETECTABLE WARNINGS INSTALLED AS REQUIRED BY 9'WEST OF EAST T III 875.82 875.85 875.85 LOADING DOCK(TYP) OVERHEAD DOOR \ / LINE OF LEVERSEE I G) OVERHEAD DOOR 875.85 PEDESTRIAN DOOR \ / O� ,' THE ADAAG. DETECTABLE WARNINGS SHALL CONSIST OF RAISED TRUNCATED DOMES WITH N I PEDESTRIAN DOOR PROPOSED 94'TRENCH / O - - CONTRAST VISUALLY WITH THE ADJOINING SURFACES. DRAIN SEE DETAIL 7/5 � ' I I 7. CONTRACTOR SHALL SAW CUT EXISTING PAVEMENT TO PROVIDE A CLEAN STRAIGHT JOINT AND Y > III I o 04 bo i oO ENSURE POSITIVE DRAINAGE. Q mac - r 8.) ALL CONCRETE PAVEMENT SHALL HAVE JOINTS IN ACCORDANCE WITH ACI 330R-08, SECTION 3.7 J o _n zl -2.0%O PROPOSED BUILDING _ _ `� o AND APPENDIX C. CONTRACTION JOINTS SHALL BE 1/4 OF THE SLAB THICKNESS. ISOLATION JOINTS ___'o III G7 0 50,400 SF ,----- SHALL BE PLACED BETWEEN PAVEMENT AND FOUNDATIONS, INLETS, AND OTHER FIXED I - FFE: 875.85 O �S o _---_, _ STRUCTURES. CONTRACTION JOINTS SHALL BE TOOL FINISHED AND SPACED AS FOLLOWS: \ CURBING: 10'-0" (MAX) SPACING W SIDEWALKS: 5'-0" (MAX) SPACING III �'� PEDESTRIAN DOOR C) O � VEHICULAR TRAFFIC AREAS: 24 X CONCRETE HYDRANT ASSEMBLY PROPOSED 10"D.I.P. o PEDESTRIAN DOOR --- o PAVEMENT THICKNESS (FEET), 15'-0" (MAX) SPACING. LTJ J WATER SERVICE G) � O 12"x6"TAP 1 NI _-- LTJ L(7 V 6°VALVE O LEGEND 12"x10"TAP I I IZ o O � - o Q Q W Existing Proposed I I 10°x6"TEE sT s' T oo �O O O O 000 oDo O oDo�oDoDo C�� - - BOUNDARY LINE cV O Z III i N 10"VALVE E - 420.0' D D D D D D D D D----D FOUNDATION DRAIN O Q NE OI DI CLEAN OUT EASEPROPERTY LANE 0 0 0 0 0 0 0 0 O -f0 O O O O _ SITE KEYNOTES: ,, Z no Oo�o�o�oOoQo o 00000000000000' 0Du 0 00000 oQo0 ? 1o__ 000 000 G) 550 LF -- W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o i 0 7 PCC PAVEMENT SECTION SECTION/R.O.W. LINE (/7 W 6°FOUNDATION DRAIN 0 875 O O 0 0� -REFER TO DETAIL ON SHEET 5 OF 6 ----- SETBACK LINE Q Q ~ FL:873.35 / II �00000000000000000000000000000000000000000 000u tDu tD 000000 (�- O -000 - -000 - CONTOUR LINE (� o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ���� � <,V ❑2 9" GRANULAR PARKING LOT SECTION _ _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O- O -REFER TO DETAIL ON SHEET 5 OF 6 E - E - ELECTRIC LINE NI 000000000000000utDC) 00000000us:D _ 000000000 00000000000 000 0 0 X x FENCE LINE 3 ID Lc o o o 0 0 o e-- o 0 0 0 0 0 0 0 0 o - Fo - - FO - FIBER LINE ZI ����� o �� � �� �� a ---_ ❑3 4" PCC SIDEWALK SECTIONOF I 0 0 0 0 0 0 0 O O O O O O O N O O O -REFER TO DETAIL ON SHEET 5 OF 6 - o - - - GAS LINE II 000000 o - - _ N- 874 - 0 00000 = 0000 I I I Y7i I -X-SAN- -SAN- oHu or+u OVERHEAD UTILITY LINE �� O�O�O�O�O�O�O�-- - O�O �<,V O�O SANITARY SEWER LINE Scale o o SILT FENCE LINE N� 0000000� 0000000000000000000000000000000000 000000000000000 0000 q99 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ -X-ST- - ST - STORM SEWER LINE I ��® OO�O�O�0��00��0�0�0 O�O�O�O�O�O - T - - T - TELEPHONE LINE II D IOD 000000000000o0o0o-0s7L) O__0, DoDoDo 00000000000 O 00 - TV - - TV - TELEVISION LINE Drawn 1 873 50.00'Storm Sewer Easement- -� -x-w - - w xl �O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '0 0 0 0 0 0 0 0 0 �00�=%0000 O O O�O - WATER LINE RTA O PROPERTY CORNER N 00000000000000000000000000000000000000000000 0000 Qo0o0o0000 0000 Reviewed $ BENCH MARK PTA l I#110 872.49 --- r� 872 _ - - - - CONIFEROUS TREE \ -=- � � 8 1 - - - - - - � 13 -- ------------ ----- _ Date - -_ - ---- � � DECIDUOUS TREE - -- -- - - - - - ------ © © GAS MANHOLE �®�5,®3.�6 -------- - - - - - _ __________ - ---- ------------ - - - - ---- N H GAS VALVE - - - - ----------------------- - - -------- - FOUNDATION DRAIN OUTLET ORT W/RODENT GUARD AND 3CY J OS SANITARY MANHOLE Revisions -- EROSION STONE SIGN o�� > - FL: 868 ------------ - ----- [a STORM INTAKE "' STORM MANHOLE ------------- ---- u, ❑T TELEPHONE PEDESTAL - - - - - - - - - - - - - - - - - - - - - - \ I I / ---------- - - -- -- - - -- - - - - - _ - - - - - - - S892Y16_W _ - � UTILITY POLE ----- ----- �8iS°21'ZO"W ------, 30003 WATER HYDRA NT 409.82' - � ---, 0 30' 60' �o WATER SHUT OFF / \ \ WATER VALVE 25801 4 T I-r x � O-n N / O N / 0 6 N O O O O O O oro Q0 1 6" CCD O O N 42 � See Detail A 1„ 11„ 72" � I �„ R 3" 1' 2 No Curb � 4 1" R 6 Slope as Any 5'-0 Tran sition 0 FORM per plans Curb .- 24" GRADE `— L 7" PCC PAVEMENT 4" CLASS "A" CRUSHED STONE (IDOT 4120.04) ELEV. 8" - MODIFIED SUBBASE 5" - ROAD STONE (3") R 3" C U CURB RUNOUT '- - FOR ALL CURBS 0-) 0 12" MIN. SCARIFIED AND COMPACTED SUBGRADE 12" MIN. SCARIFIED AND COMPACTED SUBGRADE BEAM CURB* � L C 6" STANDARD CURB LiJ S DETAIL A U 0 � N — 1 PCC PAVEMENT SECTION 2 GRAVEL PARKING LOT SECTION 3 BEAM CURB TYPICAL DETAIL 4 6" STANDARD CURB AND GUTTER DETAIL 5 CURB TRANSITION SCALE-NTS SCALE-NTS SCALE-NTS SCALE-NTS SCALE-NTS 5 5 5 5 5 O U LC7 L� 'E' Joint if Transverse( 'B' Joint if Longitudinal 0 0 Adjacent Drop Curb Heights- O Pavement N 2 Residential: 0"to 2" U 2 3 Curb Commercial/Industrial: 55 36" 1 R 1�"to 3" 10 Driveway radius(R). g rein cing 0 O Sidewalk Residential: 10 foot minimum,15 foot O th bar 6 maximum. 1'-0" Commercial and industrial:As Driveway 18" 12" 7 specified in the contract documents. 1'- TYPICAL SECTION O Transition the curb height to 0 inches at end of 0 taper/radius or at the front edge of sidewalk. Back of curb 7 Do not extend raised curb across sidewalk. OC Adjacent OPavement thickness. Pavement DETAIL B Residential: 6 inches minimum. A A Commercial and industrial: 7 inches 0 A minimum. O r0 oei� O Sidewalk thickness through driveway to match O thickness of driveway. \arc` 'B'joint 3 �2. \e O5 Center reinforcing bar vertically in the 'E' Joint if Transverse Ot�Je spec\ 'E'joint �- pavement. L 'B' Joint if Longitudinal as 10 O6 Match thickness of adjacent roadway, 2 8 inches minimum. ' r'E' � PLAN joint O7 Provide'E'joint at back of curb unless'B' Z 8 joint is specified. O_ OFor alleys, invert the pavement crown 2%toward center of alley. O O 0 T 5 T � 'C'joint 10 g ° Q ���` O Target cross slope of 1.5%with a 2 C: oQe maximum cross slope of 2.0%. If specified in m G�t� the contract documents, construct the sidewalk ® ® 6 inches or same as thickness of adjacent CD to through the driveway 5 feet wide to serve as a 0 pavement, whichever is greater. wo passing space. Detail 10 If cross slope of adjacent sidewalk panel Linear Trench Drain. minimum 1% Y O -< Ion exceeds 2.0%, remove and replace to transition T longitudinal slope 2 9 p to outlet Q cn curb from existing sidewalk to sidewalk through = driveway. If elevation change requires a curb 3 m For joint details, see PV-101. ramp, comply with Figure 7030.205;verify need W _ for detectable warning panel with Engineer. O TYPE A WITH RADII 1 4 Slope same as adjacent pavement. m 11 Transition street curb at minimum 1:1 slope to Adjacent Pavement— Adjacent Pavement meet driveway curb. O Width as determined by manufacturer. 86 Minimum 6 inches. PCC W SECTION A-A V) Q 6 PCC DRIVEWAY TYPE A 7 TRENCH DRAIN (SUDAS SW-521) O O M 5 SCALE-NTS 5 SCALE-NTS = Q O Flow --Flow � Q N Variable(20'-0"for a normal 10'-0"wide ditch) O1 Insert 12 inches of fabric a minimum of 6 O1 Insert 12 inches of fabric a minimum of 6 W J inches deep(fabric may be folded below the inches deep(fabric may be folded below the C14 C) 0 ground line). ground line). r1r, C:d Q W Fores�ope Post Spacing Post Spacing 0ac�y\o� /� O2 Install silt fence for perimiter control with Silt Fence Silt Fence- Install silt fence parallel O3 Reduce post spacing to 5 feet at water (5-0"max.) (5-0"max.) a maximum run length of 100 feet.At the to the ground contour when concentration areas,or as required to W J - downstream end of each run,turn the silt Silt fence spacing required on a slope. adequately support fence. tY N fence up the slope for 20 feet as shown to as specified i Ground Contours QQ 6"min. construct a'J-Hook'to contain runoff.At the tract documents 200'-0"max. O4 Place silt fence continuously along a constant Q contractor's option,the silt fence may Flow elevation for a maximum run of 200 feet.At U terminate and restart at the J-hook or may be the end of each run,construct a'J-Hook'to installed continuously through the J-hook. contain runoff by turning the silt fence up the slope for a length of 20 feet as shown.At O1 the contractor's option,the silt fence may 20"min. terminate and restart at the J-hook or may be installed continuously through the J-hook. 00 OF TYPICAL SILT FENCE INSTALLATION ON LONGITUDINAL SLOPES 5 (Plan View) TYPICAL SILT FENCE DITCH CHECK ® Wire or s C c) Cable Ties ® Ground Line ric Fabric 8'-0"Spacing 3 Drawn ® See plans for spacing. PTA Fabric 36 24" Reviewed ® 0 PTA Post Date ATTACHMENT TO POST Ground Line 2025.03.28 2 2 100'-0"max. DETAILS OF SILT FENCE ON LONGITUDINAL SLOPES Revisions c Flow G)c A F~ CD zozs eaaon 'T'Steel < 2025 Edition 9040.119 o Fence Post 9040.119 4'-0"min. co / Area to be Protected m W cn _ amm m TYPICAL SILT FENCE INSTALLATION FOR PERIMITER CONTROL TYPICAL SILT FENCE INSTALLATION ON LONGITUDINAL SLOPES o SILT FENCE p (Profile View) SILT FENCE 25801 4 N N 6 GENERAL SWPPP NOTES: G G G 1.) EROSION AND SEDIMENT CONTROL PRACTICES SHALL CONFORM TO THE STANDARDS SET FORTH BY LOCAL, STATE, AND FEDERAL G G G G G G G G G G G AUTHORITIES. cn 80 SQ YD STABILIZED z W W W W W W CONSTRUCTION ENTRANCE W W 2.) THE SOIL EROSION CONTROLS SHALL BE INSPECTED WEEKLY AND WITHIN 24 HOURS OF ANY 0.25 INCH (OR GREATER) RAIN EVENT. A W W W W D ----- ---- WRITTEN LOG OF THESE INSPECTIONS AND IMPROVEMENTS TO SITE CONTROLS SHALL BE KEPT ON-SITE. THESE LOGS SHALL INCLUDE THE (� ------ - __ DATE OF INSPECTION, NAME OF INSPECTOR, OBSERVED WEATHER CONDITIONS, CORRECTIVE ACTIONS TAKE TO CORRECT EXISTING OO / - PROBLEMS AND THE DATE THAT THE ACTIONS TOOK PLACE. Ln T -12"SAN— — — — WARP DR. _��zs =� s2"SAr� -'2AN = S\ _YS ) AFTER ROUGH GRADING IF THE AREA IS TO REMAIN IDLE LONGER THAT 14 X 12 - - - X-12"SAN - - - X-12"SAN - -�� X-12"SAN - - - X-12"SAN - - - X-12"SAN - - _-' / CONCRETE WASHOUT 3. TEMPORARY SOIL STABILIZATION SHALL OCCUR IMMEDIATELY DAYS. ANY DISTURBED AREA THAT WILL NOT BE WORKED ON WITHIN THE NEXT 14 DAYS MUST BE SEEDED AND MULCHED. >' LO ------------- Z / - - - X X-24 24ST 4" S - 4.) SITE CLEANUP WILL BE DONE IN A MANNER THAT ENSURES THAT EROSION CONTROL MEASURED ARE NOT DISTURBED. z -- a -- / PORTABLE RESTROOM Z' 1---- ^- FO FO 0 d7 ', FO 5.) CONSTRUCTION ACTIVITIES SHALL BE SCHEDULED TO REDUCE THE AMOUNT OF DISTURBED AREA AT ANY POINT IN TIME. OPERATIONS 0 - - - - SHALL BE SCHEDULED AND PERFORMED ENSURING THAT PREVENTATIVE SOIL EROSION CONTROL MEASURES ARE IN PLACE PRIOR TO -n - - - ----------------- - _ - -- ------ _ EXCAVATION IN CRITICAL AREAS. OPERATIONS SHALL BE SCHEDULED AND PERFORMED TO ENSURE TEMPORARY STABILIZATION MEASURES ' --------------- - ARE IN PLACE IMMEDIATELY FOLLOWING BACKFILLING OPERATIONS. CONTRACTOR SHALL REDUCE EFFECTS OF STORM WATER BY USING Q� BEST MANAGEMENT PRACTICES LAID OUT IN SUDAS SECTION 9040 ---------- `� 6.) TRENCHES FOR UNDERGROUND UTILITY LINES AND PIPES SHALL BE TEMPORARILY STABILIZED WITHIN 7 DAYS IF THEY ARE TO REMAIN 0 0 o INACTIVE FOR 14 DAYS. TRENCH DE-WATERING DEVICES SHALL DISCHARGE IN A MANNER THAT FILTERS SOIL-LADEN WATER BEFORE S 0 DISCHARGING IT TO A RECEIVING DRAINAGE DITCH OR POND. IF SEEDING, MULCHING OR OTHER EROSION AND SEDIMENT CONTROL Lil MEASURES WERE PREVIOUSLY INSTALLED; THESE PROTECTIVE MEASURES SHALL BE REINSTALLED. PIPELINES WITH JOINTS THAT ALLOW A U 0 MANUFACTURED LENGTH OF PIPE TO BE PLACED IN THE TRENCH WITH THE PIPE JOINT ASSEMBLED/MADE IN THE TRENCH REQUIRE AN OPEN -- --- \ PIPELINE TRENCH THAT IS ONLY SLIGHTLY LONGER THAN THE LENGTH OF THE PIPE BEING INSTALLED. THE TOTAL LENGTH OF EXCAVATED TRENCH OPEN AT ANY TIME SHOULD NOT BE GREATER THAN THE TOTAL LENGTH OF PIPELINE/UTILITY THAT CAN BE PLACED IN THE TRENCH N AND BACKFILLED IN ONE WORKING DAY. NO MORE THAN 50 LINEAR FEET OF OPEN TRENCH SHOULD EXIST WHEN PIPELINE/UTILITY LINE 0 — N \ - ---_ INSTALLATION CEASES AT THE END OF THE WORK DAY. 0 o - LC7 LL 7.) WHEN USING CONSTRUCTION EQUIPMENT PRECAUTIONS SHALL BE TAKEN TO ENSURE THAT THEY ARE NOT PROMOTING SOIL EROSION. � ir a 0 8.) SILT FENCE SHALL BE A MINIMUM 2 FEET FROM THE PROPERTY LINE IN ARES WHERE WORK IS NEAR ADJACENT PROPERTIES. V a N < C-)ALL DISTURBED AREAS SHALL BE PERMANENTLY STABILIZED IMMEDIATELY AFTER FINAL GRADING. EROSION CONTROL MEASURES SHALL BE U v MAINTAINED UNTIL PERMANENT STABILIZATION IS COMPLETED, AT WHICH POINT TEMPORARY MEASURES SHALL BE REMOVED. PERMANENT o p � VEGETATION IS A GROUND COVER THAT IS DENSE ENOUGH TO COVER 80% OF THE SOIL SURFACE AND MATURE ENOUGH TO SURVIVEzi WINTER WEATHER CONDITIONS. 2 10.) THE CONTRACTOR IS RESPONSIBLE FOR ESTABLISHING A PERMANENT ON-SITE BENCHMARK PRIOR TO CLEARING, GRUBBING, AND/OR DEMOLITION ACTIVITIES. SII 11.) NO SOLID OR LIQUID WASTE SHALL BE DISCHARGED INTO THE STORM-WATER RUNOFF. p -n 12.) SOLID, SANITARY, AND TOXIC WASH SHALL BE DISPOSED OF IN A PROPER MANNER IN ACCORDANCE WITH LOCAL, STATE, AND FEDERAL 000. REGULATIONS. BURNING, BURYING, POURING ONTO GROUND, OR INTO STORM SEWER ARE ALL PROHIBITED ACTIONS. ITEMS INCLUDE, BUT ARE NOT LIMITED TO SOLVENTS, PAINTS, STAINS, GASOLINE, DIESEL FUEL, USED MOTOR OIL, HYDRAULIC FLUID, ANTIFREEZE, CEMENT CURING COMPOUNDS AND OTHER SUCH TOXIC OR HAZARDOUS WASTE. I i ii i i II � 13.) WASH OUT OF READY-MIX CONCRETE TRUCKS SHOULD OCCUR IN THE DESIGNATED AREA WHERE THE WASHING CAN COLLECT AND BE \ = o1�14 _ DISPOSED OF PROPERLY WHEN IT HARDENS. 14.) THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR SUBMITTING NOTICE OF INTENT (NOI)AND NOTICE OF TERMINATION (NOT)AS Z Oo O REQUIRED BY THE IOWA DNR. 0 I O � ~ i o f 00 EROSION CONTROL NOTES: o 1.) THE SWPPP PLAN IS CONSIDERED TO BE A LIVE DOCUMENT. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DETERMINING THE LOCATION Q O ON THE PROJECT SITE, INSTALLING, AND UPDATING LOCATION ON THIS PLAN OF THE THE FOLLOWING ITEMS: cn ° SII O PROPOSED BUILDING — o SPILL KIT o 50,400 SF ---- STABILIZED CONSTRUCTION ENTRANCE Y I SOIL AND TOPSOIL STOCKPILE AREA � FFE: 875.85 �'� o� / — — —_ ---- , • PORTABLE TOILETS- SHALL BE STAKED DOWN Q i WASTE DISPOSAL AREA r / O ---- CONCRETE WASHOUT AREA III O 2.) EROSION AND SEDIMENT CONTROLS SHALL BE INSTALLED, MAINTAINED, AND REMOVED IN ACCORDANCE WITH SUDAS SECTION 9040 AND THE FOLLOWING FIGURES: • COMPOST BLANKET: FIGURE 9040.101 I Z l III o O FILTER BERM AND FILTER SOCK: FIGURE 9040.102 W WATTLE FIGURE 9040.105 (� Q SILT FENCE: FIGURE 9040.119 AND IDOT EC-201 yl o�o sT s' - o 0 0 0 0 0 0�0 0�0 0 0�00�0�0 0 STABILIZED CONSTRUCTION ENTRANCE: FIGURE 9040.120 O O > 0 0 0 0 0 0 0 0 0 0 0 0 - o 0 0 0 0 0 0 0 0 0 0 0 0 0 " o 0 0 0 0 0 = 0 c) � ������ - -- ��������� � _� ������ O _- • INTAKE PROTECTION: IDOT STANDARD ROAD PLAN EC-204 W J I - o �I �o o�o o�o�o�o�O o�o�o�o�o�o�o�oUo0ouo�o oQo�oU': �0 0�0 , ' LEGEND o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LO / - - ' ' r Existing Proposed �j I, I \' o�o�o�o�o�o�o�o�o�o�o�o�o�o�o�o�o�o�o�oQ'oOo oOoOoOoOoOoOoOoo�o�o CONSTRUCTION SEQUENCE: BOUNDARY LINE I� 1. INSTALL SILT FENCE AND EXISTING INTAKE — CO I� �O�O�O�O�O� O� O�O�0�0�0�0�00-- - O� PROTECTION. EASEMENT L'NE o �s oV SPROPERTY LILINE 2.) INITIAL DEMOLITION. SECTION/R.O.W. LINE WZI � � To I 0) __j - - _ - o oOoOOoOoO -000 - -000 - Q O Q 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3. INSTALL UTILITIES GAS, ELECTRIC, TELEPHONE, CONTOUR LINE 3 N �O�O�O�O�c �0�0�0�0�0�0�0�0�0�0�0�0�_ -- - OO�O�O�O� O�O ) CABLE TV, ETC.) ( - E - - E - ELECTRIC INE N� �ouo�o�o�o�oo�o�o�o�o�o�o�o�o�o�o�o�o�o�o�o o�o-ou,o-o00U0�0 0�0� x x FENCE LINE n \ 4. FINAL GRADE SITE. - FO - FO - FIBER LINE i �OO�OO�O�O�O�O�O�O�O�O�O�O�O� OO�O�O O�O�O�O�O�O�O� ) - o - - o - GAS LINE OF I o�o�o�o0o0oo�o�o�oOoOo�o�o�o�CO�o0o�oUo0o o�ouo�oUo�o 0 0 0� 5. INSTALL PAVEMENT, CURB, AND OTHER or+u oHu 1 OVERHEAD UTILITY LINE 0 0 0 0 0 0 0 0 0 tt 0LEGEND J O 'O 0 0 HARDSCAPEs. AN- -SAN- SANITARY SEWER LINE I oI �o�o�o�o�o�o�o�o�o�o�o PCC PAVEMENT SILT FENCE LINE Scale 6.) ESTABLISH PERMANENT VEGETATION IN ALL -x-sT - ST - GRAVEL PARKING LOT STORM SEWER LINE 1 30 's ' SEED AND MULCH (OR DISTURBED AREAS. T - - T - TELEPHONE LINE ____------ _______ CITY APPROVED EQUAL) Tv - - Tv - TELEVISION LINE Drawn ---------------- ---------- 7.) REMOVE ALL TEMPORARY EROSION AND INLET PROTECTION -X-W- - w - \ \ `--____- - -- - - - - - -- -- -- - -- - ------ --------- - SEDIMENT CONTROL DEVICES. WATER LINE PTA \ o - - - - -- - - - -- - - - --- — ,---- - - - - - - - - - ----- ----------------------- ------------ ----------------------------- SILT FENCE 0 0 PROPERTY CORNER _ - - - -- � BENCH MARK R�VI��N�d O I I ---------------------- CONIFEROUS TREE / -- - - 3" COMPOST BLANKET A �� C� DECIDUOUS TREE - - -- - --_- 5a03 J � GAS MANHOLE DI �- --- --- - -- -- - D4 te GAS VALVE 202 .31 - - - - - -- -- -- - - - -- - -- - -- - -- - -- - ------- - - - - - -- - -- ------------------------- - --------------------------- \- - H Z - - - - -- ---------- - --- --- --- - NORTH _� es SANITARY MANHOLE Revisions ' ----- --- � i �� - - - - - - - � ___0_ SIGN T ❑❑ STORM INTAKE -n x ` (D) STORM MANHOLE Z/ G) ❑D TELEPHONE PEDESTAL I �Q UTILITY POLE �\ WATER HYDRANT 0 60' 120' ° WATER SHUT OFF � r< WATER VALVE D L �nJ Z "fl 6 Page 58 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution setting date of public hearing as June 2, 2025, for the sale and conveyance of city-owned property located at 1131 Bertch Avenue, in the amount of$5,000.00, to E & C Investments, LLC (Cesar E. Barrios-Garcia), including approval of a Development Agreement for the construction of a single-family home including $5,000.00 refund of the purchase price and a grant of $5,000.00 for infill housing development, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION _ Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo took possession of the previous home located at 1131 Bertch Avenue in 2015, and demolished the home in 2019. A Cesar E. Barrios-Garcia (d.b.a. E & C Investments, LLC) has submitted a proposal to build a new single family home on the site. The development agreement provides for a purchase price for the lot of $5,000, but upon completion of the home, would refund the $5,000 purchase price, and provide a $5,000 infill housing incentive. The agreement provides for construction to begin within 6 months of when we deed the property, and 14 months to finish the improvements. The agreement includes proposed house plans, which include an approximately 1,200 SF house plus attached garage, with an estimated value of $170,000. NEIGHBORHOOD IMPACT Redevelopment of the lot would have a positive impact on the neighborhood. DATA, ANALYSIS, AND STRATEGIES Infill Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Sale of the City owned lot would be considered by Council through the public hearing process which requires public notice of the hearing. SOURCE OF EXPENDITURES Nuisance Abatement/Housing Bonds Page 59 of 316 ALTERNATIVE ACTION Not approve LEGAL DESCRIPTION Lot 20 in Block 3 in Forest Park Addition to Waterloo, Iowa. ATTACHMENTS 1. E&C Investments DA for 1131 Bertch Av 04-17-25 2. 1131 Bertch Ave Aerial - Lot to be Sold Page 60 of 316 Preparer: Aric Schroeder, City of Waterloo, 715 Mulberry St.,Waterloo, Iowa 50703 (319)291-4366 After recording, return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2025 by and between E & C Investments, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a new home and related improvements on property located in the City of Waterloo as an infill lot in an established residential neighborhood, as described on Exhibit "A" attached hereto (the "Property"). B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) is being undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows- 1. ollows:1. Sale of Property; Title. Subject to the terms of this Agreement, City shall convey the Property to Company for the sum of $5,000.00 (the "Purchase Price"). Conveyance by City shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to 1 Page 61 of 316 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. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct at its own expense on the Property a single-family dwelling as further described and depicted in Exhibit "B" attached hereto, consisting of no less than rA 200 te— square feet and an attached garage of at least 280 square feet and having an estimated value of $ for the entire structure upon completion. The Improvements shall be completed to a finished state, including installation of driveway, sidewalk, removal of all construction debris, proper leveling or shaping of groundscape and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and commence construction of the Improvements within six (6) months from the date that the Company receives title to the Property from the City (the "Project Start Date"), and must Substantially Complete construction within fourteen (14) months thereafter (the "Project Completion Date"). For purposes of this Agreement, "Substantially Complete" 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 been Substantially Completed to the City's reasonable satisfaction. If Company has not constructed the Improvements within the required period or any extended period, then City may terminate this Agreement as set forth in Section 14, title to the Property shall revert to the City, and City shall have no further obligation hereunder; provided, however, that if construction has not begun within the stated period but the development of the Project is still imminent, the City's Community Planning and Development Director may, but shall not be required to, consent to an 2 Page 62 of 316 extension of time of up to six (6) months for the construction of the Improvements. Any further time extensions will require consent of the City Council. If construction 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 (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Completion Deadlines by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 14, title to the Property shall revert to City, and City shall have no further obligation hereunder with respect thereto. If City terminates this Agreement, Company shall not be entitled to a refund of the Purchase Price, whether in whole or in part. 4. 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 Property that is free and clear of any lien, claim, charge, security interest, mortgage, encumbrance or past-due or currently due property taxes (collectively, "Liens") arising by or through Company. 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 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 irrevocably 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 or Liens on or against the Property of any type or nature whatsoever that attach 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 attorneys' fees, incurred by City. The company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 3 Page 63 of 316 6. Incentives. To aid in the Project, City will provide the following incentives: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of$5,000.00 (the "Infill Grant") within ninety (90) days after Improvements have been verified by City as Substantially Completed and has obtained final inspection on all permits obtained for the Project. B. Refund of Purchase Price. City will refund the $5,000.00 Purchase Price to Company in full on the same terms as its payment of the Infill Grant. 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 and City ordinance, provided that Company or its successor in title meets all requirements to qualify for such exemption. 7. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where 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. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, 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. 9. 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 4 Page 64 of 316 Project thereon, 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. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. 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 5 Page 65 of 316 decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its employees, contractors or agents, or any other person who may be about any of 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 construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements or this Agreement, without the prior written consent of City; 6 Page 66 of 316 C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. E. 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. 14. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination. B. Default bV City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. 7 Page 67 of 316 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. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. 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. 17. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 223 Willow Oak Drive, Cedar Falls, Iowa 50613, Attention: Cesar Barrios, Owner. 8 Page 68 of 316 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. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or 9 Page 69 of 316 contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA E & C INVESTMENTS, LLC 1 By: By: Quentin M. Hart, Mayor Cesar E. B - arcia, Managing Partner Attest: Kelley Felchle, City Clerk 10 Page 70 of 316 EXHIBIT "A" Description of Property Lot 20 in Block 3 in Forest Park Addition to Waterloo, Iowa. 1 Page 71 of 316 EXHIBIT "B" House Plans See attached. 1 Page 72 of 316 26-0" 101-0.1 6'-0" 101-0.1 6'-0'x 5'-0' 6'-0"x 5-0" EATING 25'-5'' LIVING ROOM 14'-8/2 7- 3'-8" ----- L g c? KITCHEN 10'-9/2" 3'-3" 11'4/2" x b 19 C? BEDROOM #2 r5BEDROOM #1 op C? 10'-6" T-3" 11'-1" 9 5'-4" 5-TV' Ix 51/2" 9 4'-0" 2'-6 4'-0" 4-8' 2'-1 c� L9 (D 4'-8" T/2 2'-6" b 4-0 2 6 4'-8 4'_8 2-6 E4 b c' c� 3 2 1 1, I,I I .. h ===:' o 4--0-- 3 2 oo /// j BEDROOM #3 TT11 9 x 10 // 10'-6" 7-40F4, T-0'' O 7 LMMECHANICAL UTILITY 7/711 "d 25'-5" 2 CAR GARAGE 624 SQ. FT. co? N 116 0" 26'-0'' HOUSE ON SLAB THESE PLAINS ARE INTENDED BY BUILDERS CUSTOMER: START DATE: 04-30-2025 BE ECT FOR USE BY BUILDERS VVHO ARE BUILDERS DRAWING TYPE ACKNOWLEDGEABLE AND EXPERIENCED N NO EMALCONSTRUCTION STANDARDS, STATE AND LOCAL CODES AND PRACTICES, SELECT LAST UPDATED: BUILDERS SELECT IS NOT ANA LICENSED ARCHITECT. UIL FES SELECT SPECIFICALLY DISCILAMES 2120 Main Street CESAR BARRIOS 1196 SQ. FT. ANY WARRANTIES HEREIND ASSUMES NO RESPONSIBI TY FOR ANY ERRORS HEREIN OR MR IMPROPER CONSTRUCTION BY THE USER Cedar Falls,IA MAIN FLOOR OF TH-PLAINS. 319-266-2668 Serving the cedsp v411cy SPEC HOME DRAWN BY: with Quality Building M7tel-W5 Janean Page to 01 3 1 o 26'-0" **NOTES** *NOTES** 10'-0" 6'-0" 10'-0" Ceiling Height: 9'1 -1 /8" unless otherwise noted See window schedule for R.O's See cabinetry details per cabinet supplier -. 26-0" 10'-0" 6-0" 10'-0" POURED CONCRETE o APPROACH 6'0''x50" 6'0''x50' EATING 25-5" °J ` 3 0-0 LIVING ROOM 8 = 3� 0 b z- 5-01 50 3'-8" o o C h U O O U n f\ KITCHEN SO 0'-9'/" 3'-3" 11'-4'i" SLAB ON GRADE COMMON HOUSE WALL VERIFY IF FOOTINGS ARE BEDROOM #2 BEDROOM #1 REQURED BY CODE o _ , _ C9 _ 10'-6" '-3" 5'-4" 5'-3'/" 4'-0.. 4.-0'' 2'-6 2'-b" 48 21 O V O � NO - 4'-8' 5'-3'/" 0 2'-6 0 4 0.. N 0 3'2" 0 0 BATF o BEDROOM #3 T N O 0 10,_6' 7-4" 7-0" OSTACK wig MECHANICAL UTILITY , .. ............................................................................. .. 0 NO 13'-0" 13'-0" v 26'-0" 25-5" 2 CAR GARAGE HOUSE ON S 624 SQ. FT. COo FOOTINGS N � ----------------------------------------------- 16'x7'OHD 16'-0" 13'-0" 13'-0" 26'-0" MAIN FLOOR LAYOUT BUILDERS CUSTOMER: START DATE: 04-30-2025 DRAWING TYPESELECTSE P FORANS USEBMEILDERSNDED BUILDERS SELECT FOR USE ACKNOWLEDGEABLE BUILDERS WHO ARE NNORMLCONST AND EXPERIENCED NEAIDL IALI DEI NSTANDARDSSTAT . D PRACTICES SELECT ESA BA �� LAST UPDATED: �� ��. F�. ANYARANTD1LERENANA11FM1N V BUILDERS SELECT IS NIT A LICENSED ARCHITECT. BUILDERS SELECT SPECIFICALLY DISCLAIMES 2120 Main Street ANY wARRAFORA REE'" HEREN 0,F RESPONSIBILITY FOR ANY ERRORS HEREIN OR FOR Cedar Falls,IA MPR°SERCF TH ESE PLANS 319-266-2668 THE USER SPEC HOME MAIN FLOOR °ET"E=E"""= 319-266-2668 Serving the Cedar 114ey DRAWN BY: w1(h 0u,711ty Budding Md teFia�L,` J a n e a n 12 Q 4 O� R 70-0 4-0" �. 12 4 — — — — — — — — — — — — — — — — P L4'-0" 70'-0" 24'-0" 'L 12 4 4 10'-0" 6'-0" 10'-0" 26'-0" 12 4 4/ 12 PITCH 2' EAV ES 26'-0" ,. I ' RAKES ROOF PITCH PER PLAN ROOF CAP FINISH MATERIAL 15#FELT&ICE GUARD 5'FROM GUTTER R49 ATTIC INSULATION 1/2"OSB ROOF SHEATHING W/CLIPS PROPER VENTS AT EAVE TRUSS SYSTEM PER MANUFACTURER TRUSSES 2'OC DRIP EDGE ALUMINUM SOFFIT/FASCIA 5/8"OR1/2" GUTTER NO SAG DRYWALL @ CEILING 2 x 6 FASCIA R21 WALL INSULATION EXTERIOR SIDING 1/2"DRYWALL TYVEK HOMEWRAP 7/16"WALLSHEATHING 2 X 6 STUDS 16'OC EGRESS AS REQUIRED TEMPERED AS REQUIRED 2 x 6 TREATED BOTTOM SILL PLATE SILL SEAL ANCHOR BOLTS ~ 4"MIN.REINFORCED e CONCRETE SLAB GRADE TO BE DETERMINED2"FOAM WATERPROOFING ° MOISTURE BARRIER 8"CONCRETE 4"MIN.COMPACTED GRAVEL DRAIN MATERIAL _ 16"x 8"CONCRETE FOOTING W/REBAR 1/2"REBAR WALL SECTION - NOT TO SCALE BUILDERSCUSTOMER: START DATE: 04-30-2025 BE ECT FORUSEEBYBUIILDERSwHOARE DRAWING TYPE ACKNOWLEDGEABLE AND EXPERIENCED IN NO RMALCONSTRUCTION STANDARDS, SELECT C ES A R BARRIOS LAST UPDATED. ATE ANDLOCALSPECIFICALLY CODESAPRACTICES. BUILDERS SELECT IS NOT A LICENSED ARCHITECT. 2120 Main Street ROOF OVERVIEW BNIYW BRANTIEHRENND DISCLAIM ES ANY WARRANTIES HEREIN AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS HEREIN OR FOR Cedar Falls.IA & ELEVATIONS IMPROPER CONSTRUCTIONUTHE USER SPEC HOME OFTHESE PN. s 319-266-2668 Serving the CeddrVdlley DRAWN BY: with Quality Building Materials" J a n ea n Lot to be Sold BERTCH AVE Esri Community Maps Contributors, Iowa DNR, ©OpenStreetMap,Microsoft, Esri,TomTom,Garmin,SafeGraph,GeoTechnologies,Inc,METI/NASA,USGS, €RA.-RP US Census Bureau, USDA, USFWS,Sources:Esri, Maxar,Airbus DS, USGS, NGA, NASA, -i17XPo--WR-obir=vgon-NCEAS_NLS,OS, NMA, Geodatas relsen, Rijkswaterstaat,GSA, eoland,FEMA,Intermap,and t e GIS user corn unity + Citic of Waterloo,Iowa 4,000 8,000 12,000 Fee CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT:FY 2025 SIDEWALK REPAIR ASSESSMENT PROGRAM -ZONE 4 , CONTRACT NO. 1111 DATE PREPARED: MAY 16, 2025 AMOUNT: $ 21,618.59 DECREASE T0: BROCK EVEN CONSTRUCTION,LLC CONTRACTOR YOU ARE HEREBY ORDERED TO MAKE THE FOLLOWING CHANGES FROM THE PLANS AND SPECIFICATIONS OR PERFORM THE FOLLOWING EXTRA WORK ON YOUR CONTRACT DATED SEPTEMBER 16, 2024 A. DESCRIPTION OF CHANGE TO BE MADE OR EXTRA WORK TO BE DONE: ADJUST CONSTRUCTION QUANTITIES TO ACTUAL CONSTRUCTION QUANTITIES. B. REASON FOR ORDERING CHANGE OR EXTRA WORK: AS-BUILT QUANTITIES VARIED FOR SOME BID ITEMS. C. SETTLEMENT FOR COST OF WORK TO BE MADE AS FOLLOWS: COMPENSATION ALREADY MADE TO CONTRACTOR THROUGH BID ITEMS. TOTAL DECREASE = $21,618.59 BY: BROCK EVEN CONSTRUCTION, LLC MAYOR DATE CONTRACTOR BY: DATE ATTEST: TITLE: CITY CLERK DATE APPROVED: CITY ENGINEER DATE Page 77 of 316 F.Y.2025 SIDEWALK ASSESSMENT PROGRAM-ZONE 4 FINAL QUANTITY ADJUSTMENT CONTRACT NO.1111 SIDEWALK ASSESSMENT REPAIRS-ZONE 3 BID ITEM DESCRIPTION UNIT ORIGINAL FINAL QUANTITY CONTRACTOR CONTRACTOR INCREASE/ ITEM BID QTY. QUANTITY DIFFERENCE UNIT PRICE BID PRICE EXT. DECREASE 1 4"PCC R/R Sidewalk SF 12,169.00 11,006.2 1,162.8 $ 11.00 $ 133,859.00 $ 12,790.47 2 S'PCC R/R Sidewalk SF 1,253.90 1,126.2 (127.7) $ 11.10 $ 13,918.29 $ (1,417.58) 3 6"PCC R/R Sidewalk SF 2,198.80 2,004.8 194.0 $ 12.10 $ 26,605.48 $ 2,347.76 4 Class A PCC R/R Sidewalk SF 1,795.10 1,606.6 (188.5) $ 12.90 $ 23,156.79 $ (2,431.78) 5 Class F Sidewalk Patch EACH 43.00 40.0 3.0 $ 50.00 $ 2,150.00 $ 150.00 6 Clean Walk EACH 13.00 7.0 (6.0) $ 400.00 $ 5,200.00 $ (2,400.00) 7 Water Valve Adjustment EACH 7.00 7.0 0.0 $ 150.00 $ 1,050.00 $ 8 Water Valve Cap Replacement EACH 2.00 2.0 0.0 $ 200.00 $ 400.00 $ 9 Vault Top Patch SF 122.70 118.2 4.5 $ 18.00 $ 2,208.60 $ 81.00 DIVISION TOTALS $ 208,548.16 $ 21,618.59 PAYMENTS: PAY ESTIMATE#1 $ 65,436.89 PAY ESTIMATE#2 $ 31,669.79 PAY ESTIMATE#3 $ 6,123.80 PAY ESTIMATE#4 $ 11,384.33 PAY ESTIMATE#5 $ 38,599.07 PAY ESTIMATE#6 $ 24,369.21 RETAINAGE $ 9,346.48 TOTAL PAYMENTS: $ 186,929.56 ORIGINAL CONTRACT AMOUNT $ 208,548.16 FINAL QUANTITY SUMMARY $ (21,618.59) FINAL CONTRACT AMOUNT $ 186,929.56 FINAL QTY.ADJUSTMENT CONTRACT#1111 SHEET 2 OF 2 Page 78 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Steven Kjergaard, Director of Aviation May 19, 2025 Airport Department AGENDA ITEM TITLE Motion to approve Change Order No. 1 with K & W Electric Inc., of Cedar Falls, Iowa, for a net decrease of $6,627.00, in conjunction with the CCTV portion of the Terminal Security Upgrades Project, IDOT CSVI Project No. 91240AL0200, 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. CCTV Change Order 1 Page 79 of 316 Page 80 of 316 CHANGE ORDER NO. 1 Owner: Waterloo Regional Airport,City of Waterloo,Iowa Date: April 10,2025 Project: Terminal Security Upgrades(CCTV) Owner's Contract No. IDOT CSVI Project No. 91240AL0200 Contractor: K&W Electric Inc. Date of Contract Start: February 17,2025 You are directed to make the following changes in the Contract Documents. Description: ITEM UNIT BID CHANGE ORDER CHANGE ORDER NO. DESCRIPTION UNIT PRICE NO. 1 AMOUNT 101 CAMERA WORK(OSPREY HANGAR GATE) LS $ (6,627.00) 1 $ (6,627.00) TOTALS $ (6,627.00) Reason for Change Order: Item 101 —Item added to remove camera work at the Osprey Hangar gate from scope of work. Item includes costs for material, labor, and equipment. IDOT CSVI Project No. 9I240AL0200 Terminal Security Upgrades(CCTV) Contract No. 5819 CO-1 Project No—60734402 1 Page 81 of 316 CONTRACT PRICE CONTRACT TIMES(Calendar Days) To substantial To final completion completion Original: $ 126,120.00 Original: Previous C.O.s(ADD): $ 0.00 Previous C.O.s(ADD): This C.O. (DEDUCT): $ (6,627.00) This C.O. (ADD): Contract Price with all REVISED: approved Change Orders: $ 119,493.00 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s)ordered herein,including all impact,delays,and acceleration costs. Other than the dollar amount and time allowance listed above,there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: �) '�—\ 3 . 1 —_- 4/30/2025 Engineer(Authorized Signature) Date APPROVED: By: Owner(Authorized Signature) Date ACCEPTED: By: l�a l Contractor(Authorized Signature) Date IDOT CSVI Project No. 9I240AL0200 Terminal Security Upgrades (CCTV) Contract No. 5819 CO-1 Project No—60734402 2 Page 82 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Steven Kjergaard, Director of Aviation May 19, 2025 Airport Department AGENDA ITEM TITLE Motion to approve Change Order No. 1 with K & W Electric, Inc., of Cedar Falls, Iowa, for a net decrease of $15,869.00, in conjunction with the Access Control System (ACS) portion of the Terminal Security Upgrades Project, Project No. 91240AL0200, 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 Page 83 of 316 1. ACS—Change Order 1 Page 84 of 316 CHANGE ORDER NO. 1 Owner: Waterloo Regional Airport,City of Waterloo, Iowa Date: April 10,2025 Project: Terminal Security Upgrades(ACS) Owner's Contract No. IDOT CSVI Project No. 9I240AL0200 Contractor: K&W Electric Inc. Date of Contract Start: February 17,2025 You are directed to make the following changes in the Contract Documents. Description: ITEM DESCRIPTION UNIT UNIT BID CHANGE ORDER CHANGE ORDER NO. PRICE NO. 1 AMOUNT 101 FINGERPRINT READER LS $ (5,953.00) 1 $ (5,953.00) 102 BADGE PRINTER LS $ (2,375.00) 1 $ (2,375.00) 103 OSPREY GATE WORK LS $ (7,541.00) 1 $ (7,541.00) TOTALS $ (15,869.00) Reason for Change Order: Item 101 —Item added to remove fingerprint reader from scope of work. Item 102—Item added to remove badge printer from scope of work. Item 103—Item added to remove Osprey Hangar gate work from scope of work. IDOT CSVI Project No. 91240AL0200 Terminal Security Upgrades(ACS) Contract No. 5819 CO-1 Project No—60734402 l Page 85 of 316 CONTRACT PRICE CONTRACT TIMES(Calendar Days) To substantial To final completion completion Original: $ 220,456.00 Original: Previous C.O.s(ADD): $ 0.00 Previous C.O.s(ADD): This C.O. (DEDUCT): $X15,869.00) This C.O. (ADD): Contract Price with all REVISED: approved Change Orders: $ 204,587.00 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s)ordered herein, including all impact,delays,and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: �p 3 1 .._. 4/30/2025 Engineer(Authorized Signature) Date APPROVED: By: Owner(Authorized Signature) Date ACCEPTED: By: yba / Z5- Conti-actor(Authorized Signature) D to IDOT CSVI Project No. 9I240AL0200 Terminal Security Upgrades(ACS) Contract No. 5819 CO-1 Project No—60734402 2 Page 86 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Todd Derifield, Leisure Services Interim Director May 19, 2025 Leisure Services Department AGENDA ITEM TITLE Motion to approve the appointment of Neal Miller from the current Civil Service List to the position of Downtown Area Maintenance II, in the Leisure Services Department, effective no later than May 21, 2025, pending drug screening and physical examination. 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. DOWNTOWN AREA MAINTENANCE 112.2025 (002) Page 87 of 316 2. Downtown Area Maintenance II civil service list (exp 4.26) Page 88 of 316 r E f PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or N To fill a vacancy ❑ Active Civil Service List Expires: r 3 A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Downtown Area Maintenance 11 Department: Leisure Services Reports To: DAM Foreman&Park Superintendent Work Location: Downtown&throughout the City Employment Status: ®Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: N Yes ❑No ❑ Internal Posting Only Bargaining Position: N Yes ❑No ® Internal Posting and External Advertising Bargaining Group: 177 Non-bargaining Position: ❑Yes ®No Complete the following if the requisition is to fill a vacancy: ❑ New Position or N Replacement Position for:Collin Widdel DAM II (transferred to LS Mechanic (Specify name and title of former incumbent) If replacement, former incumbent: ElRetired/Resigned/Terminated N Transferred ❑ Promoted Date incumbent terminated employment: 2/17/25 Date of final payout: Anticipated start date: 3/17/25 No. of hours/week: 40 Work schedule: M-F 7:00am-3:30pm Justification of need for position: Backfilling this vacancy is a critical step in addressing the ever-increasing demands placed on the Downtown Area Maintenance Crew. Duties of this position will include mowing,trimming,weeding, cleaning,chemical application, snow removal,equipment maintenance, irrigation repair etc. What are the likely consequences if the position is not filled? Downtown Area Maintenance Tasks will not be adequately completed. APPROVALS Annual salary requirements: $64,563.20 Hourly Rate: $31.04 Benefits (Payroll taxes,pension,health ins,-assuming family) Is position budgeted for this and future FYs? N Yes ❑No If no,how will position be funded? Approved subject to the following conditions: "n, �` 02/13/202502:21 PM EST SubD e Mayor Date PM EST LG,V1G.e. �IA,.KW SICG�E� 02/13/202501:05 PM EST Chief Financial Officer Date Human Resources Director Date MOM 02//13I2025 01:43 PM EST Human Resources Committee Chairperson Date Created 6/30/2017 Page 89 of 316` 1 i PERSONNEL REQUISITION Do►vntown Area Maintenance II The following questions are provided as guidelines to assist you in developing your rational for the position of Downtown Area Maintenance II in the Leisure Services Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Primary duties include maintenance of all downtown parks,plazas, and other public spaces including the Riverloop Amphitheatre,Marks Park, Arts Mall, Center for the Arts turf and landscaping, Riverloop Expo, City Hall, and the Cedar Valley Sportsplex grounds. The Downtown Area Maintenance Crew also maintains other beatified corridors of the City such as University Ave and soon LaPorte Road. Daily work will include mowing,trimming,weeding, cleaning, chemical application, snow removal,and other tasks tied to sound operational maintenance. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no,why not? No. More labor-intensive properties have come on-line in recent years and more are on the way. Heavy usage of these locations requires additional maintenance. Current staff levels are insufficient to adequately maintain these areas, (3) How is the work of this position being accomplished now? At the time of filling out this questionnaire the incumbent to the vacancy was still on the job. This vacancy is scheduled to occur on 2/18/25. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. (5) How would filling this position meet the needs of your department or the City on either a short-term basis(if temporary position) or a long-term basis(if a regular position)? Filling this position will allow the City to be compliant with State requirements dictating that Vision Iowa Projects be adequately maintained. By utilizing full time employment we are able to demand the most highly skilled and qualified workers to accomplish these goals. Page 90 of 316 ((I 3f S i (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? The cost savings for this position are not up-front. They will be realized in the long term when projects that were completed fifteen or twenty years ago are still in good condition and not in need of costly repair or replacement. (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? As mentioned in question 43, at the time of filling out this questionnaire the incumbent to the vacant position was still on the job so there has not yet been any comp or overtime related. Moving forward once the position is vacant we do expect considerable comp or overtime would be necessary if this position was not filled. (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. Heavily used facilities within the Downtown River Renaissance Area have increased the workload dramatically over recent years. Staffing levels have remained flat during this time period. Additional items/areas added include: • Marks Park(Sanitizing Play Surface, Emptying Trash Receptacles, Picking up Litter, Dirty Diapers,Etc) • Amphitheatre Seating Area (Has to be hand mowed, string trimmed, repair irrigation heads next to the trail that are run over by events vehicles, chemical and fertilizer applications to turf, trim and weed native grass beds) • Arts Mall area adjacent to the amphitheater needs frequent attention and cleaning i • Kayak Marina District on the Cedar River adjacent to the downtown Manatts concrete plant is a brand new area that includes new sidewalks, decorative pavement, litter receptacles,trees,turf, and new parking lots that have to be maintained • Upper Plaza adjacent to Phelps Youth Pavilion(Power washing grease off of concrete after events, fixing irrigation in planters,weeding native grass and shrub beds.) • Grout Museum District(chemical and fertilizer applications to all turf areas in the summer months) Page 91 of 316 f • Riverloop Trail System(Sweeping trails of broken glass, cleaning off debris after high water events- does not need to be flooding to cover trails under bridges,painting over graffiti on floodwalls, snow removal) • Main Street Waterloo (Has become more and more dependent on our assistance as they take on more beautification initiatives and have less volunteer help. • City Wide Festivals and Events (Downtown Crew does more and more assisting with events setup such as My Waterloo Days, Irish Fest, Cedar Valley Pride Fest, Mayors Fun Run,and Center for the Arts outdoor events.) • Newly renovated Lincoln Park(New decorative pavement, bricks, dance chime, and other amenities has increased maintenance needs from pervious years) • University Ave Corridor including lots of native grass plantings, decorative landscape beds,roundabout with shrubs,trees, and grasses is maintained by the Downtown Area Maintenance Crew • LaPorte Road Corridor including the same design template as University Ave is under construction and Phase I is nearing completion, It is expected that the Downtown Area Maintenance Crew will maintain these new amenities. (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 long term affect of not adequately staffing the Downtown Area Maintenance Crew will be deterioration of both new and existing facilities. Examples would include needing to replace decorative vegetation species,replacing park fixtures, and having to pay contractors to perform repairs that should be completed by City staff. Neglected properties tend to collect more litter and graffiti and are generally less utilized by citizens and visitors. Vision Iowa Grant requirements regarding maintaining funded projects will not be met without additional staff. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Most responsibilities must wait until the incumbent is back to work. (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? This position is needed to supplement a crew that is already in place. Due to the immense amount of equipment, knowledge, and training necessary to properly maintain all locations within this district it is not feasible to outsource this position. Page 92 of 316 I. f (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is equally as important as every position that reports to me. This position also has close ties to the tourism industry in Waterloo. Groomed and well- maintained facilities like Riverloop Amphitheatre, Marks Park,Upper Plaza,and Expo Plaza can be utilized to attract new conventions,travelers, and the revenue that comes along with this business. A vibrant downtown district is important for both private retailers and the City of Waterloo. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Filling this position supports a number of areas identified in the City of Waterloo 2030 Vision Plan. Specifically in item 46 "Power Up Downtown"the plan mentions that"It is incredibly important to continue to invest in downtown to maintain a thriving area attractive to business, housing, and supporting retail and services. A downtown serves as the heart of a community and is vital to keeping and attracting businesses," Page 93 of 316 CITY OF Ae �.�TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO,IOWA OPEN EXAMINATION DOWNTOWN AREA MAINTENANCE II DEPARTMENT LEISURE SERVICES SALARY $30.04/HR WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT CONSTRUCTION &PUBLIC EMPLOYEES HUNA Local#177 GENERAL STATEMENT OF DUTIES Performs duties relating to care and maintenance for the landscape and hardscape of the Waterloo River Renaissance area, downtown parks and public places. Under the general direction of the Park Superintendent, but often working independently and with minimum supervision, supervises temporary seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS(Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Responsible for daily maintenance operations and productivity of temporary seasonal maintenance employees including receiving and transmitting assignments, organizing projects, ensuring job completion and making required reports. 2. Operates and maintains specialized turf equipment and irrigation system. 3. Applies pesticides, insecticides and other chemicals in the care of landscape turf and vegetation. 4. Diagnoses and treats turf insect and disease problems. 5. Adjusts and repairs equipment, operates string trimmers, blower/vacs, and sweepers. 6. Rakes turf, sweeps walks and bike trails, picks up litter and trash. 7. Operates skid steer, utility tractor and forklift units as needed. 8. Operates turf maintenance equipment riding or on foot. 9. Performs landscape and hardscape maintenance on uneven ground and while public is present. 10. Works in trenches to perform irrigation system repairs; confined space entry when working in water pits and manholes for irrigation system. 11. Shovels and plows snow; operates sweeper/vacuums and garbage trucks for litter collection. 12. Participates in department preventive maintenance program for vehicles and equipment. 13. Responds to questions from the public concerning downtown area maintenance. 14. Directs the work activities of temporary seasonal and full-time employees as assigned. 15. Prepares written records and reports. Page 94 of 316 16. Works independently and with others with minimum supervision. 17. Attends work regularly at the designated place and time. May be assigned to evening and weekend work. 18. Works outdoors in all weather conditions;works near moving vehicles and equipment;operates equipment and tools that cause vibration;exposed to pesticides,insecticides and other chemicals; noise level is often loud. 19. Performs all work duties and activities in accordance with City policies,procedures,and OSHA, City and Leisure Services safety rules and regulations. 20. Performs all other duties as assigned. REQUIRED KNOWLEDGE,SKILLS,AND ABILITIES 1. Knowledge of and ability to diagnose and treat turf insect and disease problems. 2. Thorough knowledge of the techniques and principles of turf and landscape management and maintenance. 3. Thorough knowledge of installation and maintenance of irrigation systems,including plumbing and electrical work. 4. Knowledge of occupational hazards and safety procedures of turf and landscape maintenance work. 5. Ability to operate turf maintenance equipment such as riding mower,tractor,loader,chemical sprayer and other specialized turf equipment for four to six hours at a time. 6. Ability to instruct,train and supervise temporary seasonal employees. 7. Ability to express ideas orally and in writing. 8. Ability to understand chemical hazard labels and keep chemical application records. 9. Ability to exercise independent judgment in completion of assigned projects. 10. Ability to respond to questions and comments from the public tactfully and politely. 11. Ability to communicate effectively and maintain working relationships with coworkers, supervisors,elected officials and the public. 12. Ability to work with people from a broad variety of social,economic,racial,ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE&TRAINING 1. Graduation from a two-year horticulture program with a minimum of three years of experience in turf management OR High school graduation/G.E.D.with a minimum of six years of experience in turf and landscape management OR Any equivalent combination of education and experience that provides the knowledge,skills and abilities necessary to perform the essential functions of the position. 2. Iowa Class A Commercial Driver's License within 6 months of hire and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment,ifthe candidate remains without a valid,current license for the position when the City issues an offer of employment;loss of license,plea of guilty,plea of no contest or its equivalent or conviction for OWI,reckless driving or other major moving violation include habitual violator within the previous five years;four or more citations for moving violations within the previous three-year Page 95 of 316 period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation including habitual violator within the previous five years; two or more at-fault accidents within a three-year period while driving on City business;three or more at-fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. 3. Iowa Pesticide Applicator's License by end of 6-month probation. Failure to obtain and maintain this license may result in disciplinary action up to and including termination of employment. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength and flexibility to perform assigned tasks. 2. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and the public. 3. Sufficient depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions; sufficient color vision to observe and diagnose turf diseases. 4. Sufficient dexterity to safely operate powered and manual tools and equipment. 5. Sufficient hearing to understand verbal instructions, respond to questions from the public and diagnose equipment malfunctions. 6. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes,safetyglasses, hearing protection, gloves, protective clothing and respirator. 2. Must submit to Department of Transportation requirements including pre-employment, post- accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 3. Following a conditional offer of employment,the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical and drug test will result in withdrawal of the employment offer. 4. The City of Waterloo reserves the right to conduct a background investigation including driving, employment and education on any applicant being considered for this position. After a conditional offer of employment is made a criminal history record search may also be completed. 5. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Work schedule is based on an 8-hour day/40-hour week.Actual shift start time and days worked may vary depending on event schedule and season. Half-hour unpaid lunch break. Minimal overtime. EXAMINATION INFORMATION Page 96 of 316 All qualified candidates who apply by the deadline date will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full-time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service-connected disability. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. DOWNTOWN AREA MAINTENANCE 11 2025 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 97 of 316 CITY OF 715 Mulberry St,Waterloo, IA 50703 ERLOO Phone: (319) 291-4303 IOWA Fax: (319) 291 4569 - Community of Opportunity CITYOFWATERLOOIOWA.COM April 1, 2025 TO: Honorable Mayor& City Council 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 Downtown Area Maintenance II for the City of Waterloo, Iowa Leisure Services. This list shall be used to fill any vacancy in the Downtown Area Maintenance II classification from April 1, 2025 —April 1, 2026. CERTIFIED LIST Justin Hahn Kelby Haynes Neal Miller Respectfully submitted, Dr. Bev Smith Date Dr. Robert Welch Date Marianne Kurtenbach Date *January 6, 2025 the Waterloo City Council voted to suspend the Civil Service hiring practices for entrance positions as allowed by the Iowa Administrative Code section 400.12A until January 6, 2026; therefore no signatures are required to certify this list. Page 98 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Lance Dunn, Human Resources Director May 19, 2025 Human Resources Department AGENDA ITEM TITLE Communication from the Police Department on the notice of the conclusion of employment of Sanda Odobasic, Police Officer, effective May 2, 2025, with recommendation of approval of payout of $5,048.30 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. ODOBASIC PAYOUT 5.19.2025 Page 99 of 316 Page 100 of 316 CITYOF p Y City Council k ` `` Notice of TER LOO Em to ment !Z0,1111" IOWA Severance Community of Opportunity Today's Date: 4/24/2025 Department: Police Department Effective Date: 5/2/2025 Job Classification: Police Officer Employment Date: 6/20/2022 Employee Name: Odobasic, Sanda The employment with the named City of Waterloo employee has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes 0 Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Payout Vacation-Accrued 936.33 $ 37.03 $ 5,048.30 Vacation-Current 0 $ 37.03 $ - Usable Sick Leave 0 $ 37.03 25% $ - Casual Hours 0 $ 37.03 $ - Comp Time Pay $ 37.03 $ - Unscheduled Leave $ 37.03 $ Other Pay $ - Total Payment $ 5,048.30 Comments Officer Odobasic was on LTD up and until her time of resignation. Approved by Date c Human Resources Date 04/24/2025 Council Agenda Date: 5/19/2025 KMW Page 101 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Lance Dunn, Human Resources Director May 19, 2025 Human Resources Department AGENDA ITEM TITLE Communication from the Police Department on the notice of the conclusion of employment of Stacy Hesse, Police Officer, effective May 2, 2025, with recommendation of approval of payout of $16,814.64 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. S. HESSE PAYOUT 5.19.2025 Page 102 of 316 Page 103 of 316 CITY OF City Council Lk Notice of LQO Employment Iowa Severance Community of Opportunity Today's Date: 3/14/2025 Department: Police Department Effective Date: 5/2/2025 Job Classification: Police Officer/Detective Employment Date: 7/12/1999 Employee Name: Stacy Hesse The employment with the named City of Waterloo employee has been severed by reason of: Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Payout Vacation-Accrued 102 $ 45.27 $ 4,617.54 Vacation-Current 0 $ 45.27 $ - Usable Sick Leave 38 $ 45.27 25% $ 430.07 Casual Hours 0 $ 45.27 $ - Comp Time Pay 259.93 $ 45.27 $ 11,767.03 Unscheduled Leave 0 $ 45.27 $ - Other Pay $Total - . Comments Approved by (/. Date �� r Human Resources Date 04/25/2025 Council Agenda Date: 5/19/2025 KMW Page 104 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Motion to receive and file Complete Streets Committee minutes of November 2024 and January and February 2025. RECOMMENDED COUNCIL ACTION _ Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Minutes Complete Streets 11-26-24 2. Minutes Complete Streets 01-28-25 Page 105 of 316 3. Minutes Complete Streets 02-25-25 Page 106 of 316 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting November 26, 2024 The Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:32 pm on November 26, 2024, by Chairperson Young in the Mollenhoff Conference Room at Waterloo City Hall. Roll Call: Members present: Aric Schroeder, Oumie Ceesay (arrived at 1:48 pm), Kathryn Gilbery, Curtis Young, John Dornoff, David Sturch, and Kyle Durant. Members absent were: Kevin Demler, Jessica Rucker, Dwight Diercks, Felicia Cass and Ray Feuss. Other attendees: Wayne Castle—City of Waterloo Engineering; Tina Shellhorn—Traffic Department; and Michelle Sweeney—AECOM. It was moved by Durant and seconded by Schraeder to approve the minutes of'the October 29, 2024 meeting. Motion carried unanimously. Agenda Items: 1. Update with cost estimate on the potential for Trail Lighting under Hwy 218 • Sweeney noted that a contract was approved with AECOM for infrastructure improvements in the University TIFF area,and they are working on the lighting situation. 2. Improvements for new high school • The suggestions previously brought forth by the Committee have been incorporated into the school's plans, including a sidewalk to Sager Avenue along the new driveway,and a trail along Katoski and Huntington. • City still needs to sit down with the School District and work out the final plan,including needed street improvements. • Discussions are underway with the City of Cedar Falls on a project to turn Huntington Road from a rural road to an urban road with a curb and gutter. • A sidewalk along Huntington Road is a long-term project in which land may need to be acquired from on adjacent homeowner;however,that homeowner is also encroaching on property owned by the school, so the school may look to do a land swap. • Discussion on the plans at Downey Avenue and Katoski Drive and whether the regular traffic signals or just a pedestrian crossing signal will still be needed. 3. SS4A • Durant went over the presentation by the consultants. • For the surveys translation services of individuals and Hawkeye Adult Learning Center. • How the survey was administered was explained. • Contractor will provide cost estimates and design in order to apply for implementation funding. • The project possibilities were explained. • Consultant was looking at removing a lane on US 63 east of the river. • All projects would require the cooperation of the Iowa Department of Transportation. • The action plan will have layouts and cost projections. • Changes to US 63/US 218 interchange could include changing traffic lights to horizontal facing US 63 with reflectors added. • Possibly use US 63 as a demonstration project or temporary solutions. • Discussion if the City considered removing buildings between Mullan Avenue and 1St Avenue. Page 107 of 316 Complete Streets Advisory Committee Minutes November 26,2024 • A draft presentation will be presented to the City Council on December 16'and then adopted in January. 4. Green Waterloo,EPA grant • $17 Million was requested of a possible $20 million. • Designed to transform disadvantaged communities. • Partnered with Habitat for Humanity along with INRCOG,the City of Waterloo,River ARC and Riyo. • Looking at green infrastructure and nature-based solutions. o Planting trees and gardens • Mobility and Transportations Options o Bikes for a better future. o Waterloo Access to Vanpool o Wheels Bike Share 0 19 miles of bike accommodations. • 100%funding. • Start with eight vans and expand to 21 vans,which will be partnered with Enterprise Car Rental. • Bike share will start with six stations and 20 e-bikes, and we plan to add three docking stations and 15 e-bikes in years 2 and 3.It will be the only bike share with e-bikes. • Resilient housing and building. • Looking at improving indoor air quality and community health. • Workforce Development programs. • Meeting on December 6'with the EPA. 5. Upcoming Planning Commission Agenda Review • Schroeder went over the Planning,Programming, and Zoning Commission agenda. There were no comments or recommendations. 6. Other Proiect Status Updates • The trail project for Sargeant Road will be completed next year. • Phase 1 of La Porte Road is about finished and moving onto the section from the KOA to Grimm Street. • 11 Street bridge should be open in December? • There was a discussion on the green paint that was applied on East Park Avenue. • More people appear to be using the bike lanes on Park Avenue now the bridge is open. • Most of south Gates Park is done. • The pool reconstruction is underway at Byrnes Park. • The city is working on a RISE grant for the South Waterloo Business Park. Discussion Items: It was moved by Sturch,seconded by Durant to nominate Curtis Young as Chairperson for the period ending December 31, 2024.Motion carried unanimously. It was moved by Sturch,seconded by Young to nominate Kyle Durant as Vice-Chairperson for the period ending December 31,2024.Motion carried unanimously. Adjournment Young adjourned the meeting at 2:55 p.m. 2 Page 108 of 316 Complete Streets Advisory Committee Minutes November 26,2024 Respectfully submitted, )�� Z3�-- John Dornoff Planner II 3 Page 109 of 316 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting January 28, 2025 The Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:31 pm on January 28, 2025, by Chairperson Young in the Mollenhoff Conference Room at Waterloo City Hall. Roll Call: Members present: Aric Schroeder, Oumie Ceesay, Curtis Young, John Dornoff, Dwight Diercks, J.B. Bolger, Jessica Rucker, and Kevin Demler. Members absent were: Kyle Durant, Kathryn Gilbery, David Sturch, Felicia Cass and Ray Feuss. Other attendees: Michelle Sweeney—AECOM. It was moved by Schroeder and seconded by Rucker to approve the minutes of the November 26, 2024 meeting. Motion carried unanimously. Agenda Items: 1. SS4A • Schroeder read an email from Durant stating that the comment period ended in mid-January and will be presented for adoption in February. 2. CEEE • Gilbery let Young know that the grant application was turned down due to the number of applications. • However, Gilbery also let Young know about other grant opportunities that may come along. 3. Crossroads Mall Redevelopment • Young noted that he and Durant had discussed the redevelopment and the opportunities. • New development needs to have connections for bikes and pedestrians,especially with the new trail on La Porte Road. • Schroeder briefly discussed the development agreement. • Opportunity to solve the Crossroads pedestrian problems. 4. Sergeant Road Trail Bridges • The designs are currently being worked on. • Replacing six crossings. • Project should be let in August. 5. Upcoming Planning Commission Agenda Review • Schroeder went over the Planning, Programming, and Zoning Commission agenda. There were no comments or recommendations. 6. Other Proiect Status Updates • The 11th street bridge should open to car traffic possibly next week. Page 110 of 316 Complete Streets Advisory Committee Minutes January 28,2025 Discussion Items: Diercks stated that Cedar Valley Trails is looking for projects to fund that would be under$4,000 and applications need to be in by the end of January. Adjournment Young adjourned the meeting at 1:58 p.m. Respectfully submitted, )�� Z3�-- John Dornoff Planner II 2 Page 111 of 316 Minutes of The City of Waterloo Complete Streets Advisory Committee Meeting February 25, 2025 The Meeting of the City of Waterloo Complete Streets Advisory Committee was called to order at 1:31 pm on January 28, 2025, by Chairperson Young in the Mollenhoff Conference Room at Waterloo City Hall. Roll Call: Members present: Aric Schroeder, Kyle Durant, Oumie Ceesay, Curtis Young, John Dornoff, Dwight Diercks, and Kevin Demler. Members absent were: J.B. Blolger, Jessica Rucker, Kathryn Gilbery, David Sturch, Felicia Cass and Ray Feuss. Other attendees: Oghogho Oriakhi - INRCOG It was moved by Durant and seconded by Demler to approve the minutes of the January 28, 2025 meeting. Motion carried unanimously. Agenda Items: 1. Sidewalk Infill • It was noted that there would be a summer opening for the pedestrian crossing on the 11'street bridge. • Diercks wanted to ensure that bicyclist will be able to go under the l l'Street Bridge on the trail. • $100,000 was put into the CIP for Complete Streets. • Discussion on which projects to include in the request. • Fletcher Avenue, Johnson Street, and Dale Street were the top recommendations. • Discussion on which project would be best with the funding available. • It was noted while not ideal pedestrians can use the parking lot which is lightly used if the sidewalk is not installed along Johnson Street. • Iowa DOT's project on Sergeant Road/US Highway 63 could delay the Flecther project. It was moved by Diercks and seconded by Durant to reprioritize projects with the top three being Fletcher Avenue,Dale Street, and Ansborough Avenue with Johnson being 41 that could be added depending on bids for the project. Motion carried unanimously 2. SS4A Grant • Draft Plan has been presented to City Council and other stakeholders. • Approval of the plan will be on the March 17'City Council meeting. • There are issues with the recommendations as they will require IDOT support. • Diercks stated that the City should push IDOT for return of speed cameras. • Discussion if the recommendations should be added to the small projects list. • If the City Council approves then implementation funds could be applied for depending on the future of grants and funding from the Federal Government. • If the City gets funding they can look at more robust safety projects. • INRCOG is happy with the consultant despite the limited funding. 3. 4th/5th/61n Streets • Diercks stated that the traffic light timing encourages drivers to drive over the speed limit. • Grant for the project fell through. • Discussion if there is no project is it possible to put in bike lanes anyway. • If bike lanes are put in with a Federal grant then the city may be required to maintain them for up to 15 or 20 years or face having to pay back the funds. Page 112 of 316 Complete Streets Advisory Committee Minutes February 25,2025 • Schroeder noted that before the study to return the streets to two-way there was discussion of putting bike lanes on 4 /5th/6th. • Price tag for the complete project to return the streets to two-way included a$10 million cost to reconstruct a portion of the Dry Run Arch. • Discussion of the City Hall move and some of the solutions for parking around the new City Hall was discussed. • Durant stated that INRCOG will talk to the city and see what direction the city wants to take. 4. Park Avenue Phase II • Elahi and Shellhom were notified about the grant available from the Cedar Valley Trail Alliance that could help pay for the cost of repainting West Park Avenue. • A grant for repainting from Commercial Street to South Street was applied for. • Discussion on modifying the design if the grant is approved. • Discussion of not including as much green paint to save money. 5. Hammond Avenue/Rid2eway Avenue Roundabout • The traffic department has received$1.1 million in funding and a grant for$700,000 to construct a roundabout at East Ridgeway Avenue and Hammond Avenue. • Project includes a sidewalk along the south side of East Ridgeway Avenue to the existing sidewalk and a sidewalk on the west side of Hammond south of San Martian Frontage Road. • Property acquisition could be difficult,and the houses on the northeast corner will have issues with their driveways. • Design should have in Fiscal Year 2026 and construction in Fiscal Year 2027. 6. Low Cost Projects • Looking for low-cost projects that can make a difference. • Here is the list of projects that have been thought about: • (Painted)Bike Lanes on Commercial Street,Mullan Ave to 6th Street • Finish Park Ave Bike Lanes, Commercial Street to South Street • Plant trees along E Park Ave(Masonic Temple Apartments,MET Transit Central Transfer) • 5th/6th St Streetscaping&Bike Lanes • W 3rd St Bike Lanes • Streetscape/Tree Infill Policy&Implementation • MET is planning to plant trees at the transit center. • The Local Option sales tax does not allow funding of streetscaping. • The Complete Streets Committee should have discussions with Leisure Services. • Durant will send out the list and committee members should come back next month ready to prioritize. 7. Upcoming Planning Commission Agenda Review • The March 11th Planning,Programming, and Zoning Commission meeting was canceled. 8. Other Project Status Updates • Durant noted that there is a sign to watch for bicycles for cars heading southbound on Sergeant Road/US Highway 63 approaching Ansborough Avenue and asked if the sign should be replaced since it is not to code. • Should high visibility signs be looked at to replace the existing sign. • It was noted that pedestrian refuges will be constructed by Iowa DOT during the Sergeant Road/US Highway 63 reconstruction which should be wide enough for bicycles. 2 Page 113 of 316 Complete Streets Advisory Committee Minutes February 25,2025 Discussion Items: No discussion items. Adjournment Young adjourned the meeting at 3:15 p.m. Respectfully submitted, )�� Z3�-- John Dornoff Planner II 3 Page 114 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Motion to receive and file Historic Preservation Commission minutes of December 2024 and January, February and March 2025. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Historic Minutes 12-17-24 2. Historic Minutes 1-29-25 Special Meeting Page 115 of 316 3. Historic Minutes 2-18-25 4. Historic Minutes 3-18-25 Page 116 of 316 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING-December 17, 2024-4:30 P.M. The meeting was held in the Mollenhoff Room at City Hall Vice Chairperson Valtchev called the regular meeting of the City of Waterloo Historic Preservation Commission to order at 4:35 p.m. Commission Members present were: Ivan Valtchev, Hector Salamanca Arroyo, Jared Hottle, Ed Ottesen, and Susan Price Commission Member(s) absent were: Terry Stevens, Matthew Gilbert, Cole Weliver, and Nick Hedrick Others present were: Lexi Schneider and Joseph Geilman -Planning Staff, Tim Kuhlmann- Cedar Valley Historical Society, and Wayne Castle-Assistant City Engineer Approval ofA,-ends Motion made by Price, seconded by Salamanca Arroyo to approve the agenda of the December 17, 2024 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Price, seconded by Salamanca Arroyo to approve the minutes of the November 19, 2024 regular meeting. Motion carried unanimously. Oral Presentations No Report Hearings No Hearings Buildin,g/Project Consultation 1. Park Avenue Bridte Memorial Wayne Castle summarized the history of the Park Avenue Bridge Memorial and noted that the old support beam will be displayed on posts near the riverwalk with two Prairie Pathways signs near it to explain the history of the bridge. An electrical box will be located near the site and there will be conduit ran for any future electrical needs. Castle explained that the next step in the project is to have a work session with the City Council on January 21, 2025 to see their thoughts on the project. The goal right now is to have the beam installed by the end of 2025. Price questioned if any trees will be planted in the area, to which Castle noted that they can't plant trees near the levee, but small shrubs and plantings are planned for the area. It was also -1- Page 117 of 316 questioned whether the beam will impact another flood, to which it was confirmed that it will not because the structure is proposed to be located on the dry side of the levee. Valtchev stated that he wishes Invision would have gone with the plan where you could walk on the beam and it was an interactive display. He does appreciate the thought of lighting in the future and asked if the lighting will be synchronized. Castle noted that they weren't planning to synchronize the lighting, but it could be done in the future. Ottesen explained that he wishes the structure was interactive but understands that there is a budget. He questioned if the signs will be vertical or horizontal and recommended they say, "Original Park Avenue Bridge"rather than "Old Park Avenue Bridge". Castle noted that the signs will be horizontal. Valtchev added the idea of creating a vinyl image near the site that had a cutout for the proposed beam and the rest of the image showed the rest of the bridge. Reports 1. Main Street Ottesen stated that the Design Council tabled a request for a metal roof to help with drainage at Paco's. Aric Schroeder was replaced with Tim Andera from the city on the Design Council. The Main Street raffle event was up to $3,500 with multiple other prizes available. Volunteer sign ups should continue to be checked as Main Street continues to hold many events. 2. Silos and Smokestacks No Report 3. Grout Museum Schneider gave the report on the Grout Museum from EJ Gallagher. She noted that the web page should be checked for new parties and exhibits coming to the Grout Museum. Tim Kuhlmann stated that the Christmas Open House was on December 7 and the weather was nice for the event. The event was held to raise money for Snowden House renovations. 4. Highland Neighborhood No Report 5. Walnut Neighborhood Valtchev explained that a resident of the Walnut Neighborhood was awarded a microgrant which was used to help pay for a Thanksgiving meal for the neighborhood. A new grant application will open on January 20, 2025. Ritland Kuiper is working on plans for the new park in the Walnut Neighborhood. The traffic calming along Clay Street and Almond Street is ongoing. There will be holiday caroling through the neighborhood coming up. Valtchev also noted Habitat for Humanity may be looking at offloading the 415 Walnut project. -2- Page 118 of 316 Discussion Items/Possible Action Items 1. Dunsmore House Hottle explained that the library was on board with holding an event to educate and inform community members on the Dunsmore House. Schneider stated that they recommended the event be youth focused or have one that is youth focused and one for the older generation. They also recommended that the event not be longer than half an hour. The library also expressed interest in the Historic Preservation Commission doing education seminars again on topics like historic tax credits and how to keep up with a historic home. 2. School Art Proiect No Report 3. Collaborations Ottesen noted that he is still discussing with Main Street on different ideas for an event on the off years that Tour De Loo won't be happening. This is still an event that can be collaborated with the Historic Preservation Commission. An idea that has been presented is doing a scavenger hunt or architectural tour and the commission can use the Iowa Site Inventory Forms to provide details on the history of the buildings in downtown Waterloo. Hottle noted that he is still in contact with the Board of Realtors about collaborating on a credit program and is interested in getting Decorah's Historic Preservation Commission involved. There is a new director for the Board of Realtors, so he is excited to begin working with them soon on the collaboration. 4. City Owned Properties Schneider noted that the outside of 1003 Vine Street has been completed by the contractors and it looks nice. The Rath Building project is still progressing and is proposed to provide 87 new affordable housing units. 5. Goals and Action Plan No Report Discussion Items: Schneider noted that she received a letter about an African American Civil Rights Network grant that is in partnership with the National Park Service, and she will email out the letter with the details. Schneider introduced Joseph Geilman as the new Planner I in the office and the one that will be taking over as the staff person for the Historic Preservation Commission. -3- Page 119 of 316 Adjournment Motion made by Hottle seconded by Salamanca Arroyo to adjourn the meeting at 5:35 p.m. Respectfully submitted, W . Lexi Schneider Planner I -4- Page 120 of 316 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES SPECIAL MEETING—January 29, 2025- 12:00 P.M. The meeting was held via Microsoft Teams. Gilbert called the special meeting of the City of Waterloo Historic Preservation Commission to order at 12:10 p.m. Commission Members present were: Jared Hottle,Nick Hedrick, Mathew Gilbert, Ivan Valtchev, Susan Price, Ed Ottesen(joined 12:15 pm), and Hector Salamanca Arroyo (joined 12:25 pm) Commission Member(s) absent were: Cole Weliver and Terry Stevens Others present were: Lexi Schneider and Joseph Gellman - Planning Staff, and Cierra Newman Approval ofAzenda Motion made by Hedrick, seconded by Valtchev to approve the agenda of the January 29, 2025 special meeting. Motion carried unanimously. Approval of Minutes Motion made by Hedrick, seconded by Ottesen to approve the minutes of'the December 17, 2024 regular meeting. Motion carried unanimously. Election of Chair and Vice Chair It was moved by Valtchev, seconded by Hottle to elect Hedrick as chairperson, and it was moved by Hedrick and seconded by Ottesen to elect Hottle as vicechair person. Motions carried unanimously. Oral Presentations No Report Hearings 1. Approval of Letter of Supports for the Martin Flats Project Cierra Newman reported that she had received the Challenge Grant and thanked the Historic Preservation Commission for the previous letters of support. Newman explained that construction has begun on the property. Newman asked the commission to provide more letters of support as Newman will be applying for more grants through the National Trust for Historic Preservation to enable Newman to continue renovation efforts and focus on the second story units. Motion made by Valtchev, seconded by Hedrick to approve additional letters of support for the Martin Flats Project. Motion carried unanimously. -1- Page 121 of 316 2. Approval of 2025 Action Plan Schneider noted changes to the 2025 Action Plan, including the addition of a timeline to help keep things on track, and the deletion of the Cedar Valley Historical Society Historic Tour. Gilbert questioned if there is a time specified to edit and review the action plan. Schneider responded that there is no set timeline for editing the action plan, since it can be discussed and changed as needed. There is an item at the top that states the commission should review changes at each January meeting. Motion made by Ottesen, seconded by Hedrick to approve the 2025 Action Plan. Motion carried unanimously. 3. Approval of the 2024 CLG Annual Report Schneider noted that the 2024 CLG Annual Report is due by the end of February and that any updates to training attended by the commissioners needs to be added soon. Motion made by Hottle and seconded by Ottesen to approve the 2024 CLG Annual Report. Motion carried unanimously. Adiournment Hedrick adjourned the meeting at 12:30 p.m. Respectfully submitted, Joseph Geilman Planner I - 2- Page 122 of 316 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING—February 18, 2025—4:30 P.M. The meeting was held in the Mollenhoff Room at City Hall Chairperson Hedrick called the regular meeting of the City of Waterloo Historic Preservation Commission to order at 4:31 p.m. Commission Members present were: Nick Hedrick, Jared Hottle, Ed Ottesen, Cole Weliver, Hector Salamanca Arroyo, and Susan Price Commission Members present electronically were: Terry Stevens, Matthew Gilbert Commission Member(s) absent were: Ivan Valtchev Others present were: Joseph Geilman -Planning Staff, Sarah Turner, Jessica Rucker- Main Street Waterloo Approval of Agenda Motion made by Price, seconded by Hottle to approve the agenda of'the February 18, 2025 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Hottle, seconded by Ottesen to approve the minutes of'the January 29, 2024 special meeting. Motion carried unanimously. Oral Presentations Sarah Turner, 233 Prospect Avenue, came to consult with the commission about a potential addition to the house or detached garage. She explained that she and her family like the neighborhood, and want to stay there as long as possible, but they will need more space to do so. They are thinking about building either a garage or an addition to the house. Turner noted that they have not decided a location for the garage, and asked if it matters where it goes. Hedrick noted that it could matter and stated that generally it is best to have the new garage, or addition be hidden or partially hidden from the street. Turner asked about a possible addition to the house. Hedrick noted that it would need to look similar to and blend in with the rest of the house. It was also noted that it should be towards the rear of the house. Ottesen noted that the roof should mimic the existing roof in style and color. Turner questioned whether a loft would be allowed. Hedrick and Ottesen noted that there are some other homes in the area that have done similar things, but it would have to match the rest of the building. Turner questioned what the steps would be once she is ready to proceed. Hedrick noted that they would need to get a certificate of appropriateness from the Historic Preservation Commission, and then they would be able to get a building permit. Hearinks 1. Endangered Properties List 2025 -1- Page 123 of 316 Hedrick started the discussion by reviewing 2024 Endangered Properties list and suggested removing 1003 Vine Street and 722 Water Street from the list for 2025. It was also mentioned that there is progress on the Courier Buildings and the Rath Administration Building. Hottle noted that while progress was happening on certain buildings, it may be good to leave them on the Endangered Properties List if the property owners wanted to apply for grants, and being on the list could help them receive grants. Other commissioners agreed, and it was decided to leave the Rath Administration building,the 722 Water Street building, and the Courier buildings on the Endangered Properties list, but that 1003 Vine Street could be removed. Hedrick noted that the old Antiques Warehouse at 212 Sycamore could be a good addition to the Endangered Properties List. Commissioners agreed that it was a very good building to add to the list as it is a old brick warehouse that is deteriorating. Ottesen asked whether the Blacks building, 501 Sycamore, could also be added to the list. Commissioners all agreed that this would be a good building to add to the list and discussed the history of the building. Hedrick questioned whether there could be 11 buildings on the Endangered Properties list. Hedrick stated that to his knowledge there had never been more than 10 properties,but that there had been less than 10 properties in previous years. Hottle questioned whether the commission should focus on the impact of the building versus the size and use of the building when making the final decision for the list. There was general discussion about what building could be dropped from the list to add the Blacks building. Hottle noted that the YCMA building is on the market, and that whoever the new owner will be may benefit from the building be on the list to if they decide to apply for grants. Ottesen noted that ten properties were on the list normally to have some importance to the list by being the "Top 10,"however they could decide to put more than 10 properties on the list. Hedrick stated that they should just add the Blacks building to the list and have 11 buildings on the 2025 Endangered Properties List. Stevens questioned if there could be a greater effort in advertising the list and possibly putting a price on the building and spotlighting it on the city social media. Hottle and Ottesen noted that many of the buildings are privately owned, and that there would be problems with putting a price on the property when spotlighting the list. Stevens said they could talk to the owners about it. Hedrick agreed that there should be a bigger spotlight put on the buildings on the 2025 Endangered Properties list. Salamanca Arroyo stated that it would be great to be able to tour some of the buildings on the list, specifically the Blacks building. Hedrick noted that it would be cool,but that for many buildings that would be very difficult to do, and the owners of the Blacks Building do not want anyone touring the buildings or walking through it. It was moved by Price and seconded by Stevens to approve the following properties for the Endangered Properties List 2025: Courier Buildings at 503 Commercial St.,Mt. Moriah Baptist Church at 633 Walnut St., 429 Clay Street, 212 Sycamore Street, 722 Water Street, 217-221 W 5'St, 626/628 Park Avenue, the YMCA Building at 10 W 41 St., Rath Administration Building at 1515 Sycamore St., the Dunsmore House at 902 Logan Avenue, and Blacks Building at 501 Sycamore Street. Motion carried unanimously. -2- Page 124 of 316 Buildin l Proiect Consultation No Report Reports 1. Main Street Ottesen reported that there were several reviews for signage, including signs at 620 commercial street, 502 E 4th, 331 E 4th, 319 E 0 St, and the Park Ave. bridge historic marker. Ottesen noted that there are tenets that are working to move into a few buildings, but they have not been announced yet. Ottesen also reported that Main Street will be purchasing additional planters and will be moving away from the baskets for multiple reasons, one of which is cost. Main Street will also be updating flower sponsorship and noted that someone can donate $500 to get a plaque on a planter with their name on it. There will also be a new event, which is a Soup Walk on February 22, where people will be able to sample a variety of soups from select downtown retailers. Jessica Rucker reported that Sierra Newman was awarded the challenge grant and gave Main Street Waterloo an update. Rucker also shared that the Tour de Loo is changing. On even years it will be the same Tour de Loo, and on odd years it will be a scavenger hunt. For the scavenger hunt, the tickets may be postcard tickets with some history on them. The scavenger will end at the HPC Awards Ceremony, which will help bring people to both events. It will be on May 5th 2. Silos and Smokestacks No Report 3. Grout Museum Geilman gave the report on the Grout Museum from EJ Gallagher. He noted that the Grout Museum exhibit"Who We Are: Celebrations"will continue through January 31, 2026. There will be a Mardi Gras fundraiser on March 1 starting at 5pm. Reservations for the fundraiser is $50. There will also be a Spring Break for Kids program from March 17 through March 21. Cost is $1 per student and $1 per accompanying adult. There are some changes to the closing times for the History and Science Museum and the Sullivan Brothers Veterans Museum that have taken effect, and hours will change throughout the year. 4. Hi!hland Nei!hborhood No Report 5. Walnut Nei!hborhood No Report -3- Page 125 of 316 Discussion Items/Possible Action Items 1. 2025 HPC Awards Banquet Hedrick noted that some things will be changing this upcoming year from previous years. Hedrick said he wants to have Main Street have more of a presence and be more involved in the Awards Banquet. Rucker suggested that it would be good to get nominations out sooner, and that Main Street. can help get the word out to get nominations from people throughout the community. Stevens noted that that it could be good to develop categories for the awards. The commission agreed that it would be good to have different categories for the nominations. Geilman noted that a reservation has been made for the Awards Banquet from 4pm-9pm in the Mess Hall at the Grout Museum. Geilman noted that the contact at the Grout stated that the Grout is reserving the room for free, but if a bartender is wanted, then the commission will need to pay the bartenders wage, which is $20 an hour. Hedrick noted that he will do the catering, and that a bartender will be wanted. 2. School Art Proiect 2025 Stevens noted that the School District is not very communicative, and that they haven't been very receptive. Hedrick questioned if it would be good to change the entity that the Commission partners with on this project. Stevens said that the library has seemed receptive to this project when contacted about it in the past. Salamanca Arroyo noted that the Boys and Girld club could also do things. Hedrick stated that art is more than just drawing but includes things such as poems. Hedrick then questioned if it would be good to open up the project to more than just drawings, but also to poems and other forms of art. The Commission agreed that opening up the project to include more types of art would be a good thing to do. Salamanca Arroyo stated that the youth city council could also be good to work with. It was decided that commissioners should brainstorm outlets and types of art that could be included in this project. 3. Dunsmore House Hottle noted that there is not a lot of movement on the house. Hottle suggested that there may be a way to combine the Dunsmore house and outreach to the youth. Salamanca Arroyo suggested the idea that a coloring book for children could be made that includes historic buildings like the Dunsmore house and other structures, and brief facts about the buildings. Ottesen noted there could be different grants that may help with the production of that coloring book as it may be considered educational material. Salamanca Arroyo questioned whether the commission applies for grants directly, or if it must be done through the City of Waterloo. Hedrick noted that it needs to be through the city. Stevens noted that the commission could reach out to the Iowa Arts Council to see if they have any advice or could help. 4. Collaborations -4- Page 126 of 316 Hedrick noted that collaborations seem to be going well so far. 5. City-Owned Properties No Report 6. Goals and Action Plan The Goals and Action Plan and the Timeline were reviewed. Discussion Items Hedrick stated that it would be good for all of the commissioners to read the CLG Grant criteria. Design Guidelines Ottesen noted that it would be good to get professional help in revising the design guidelines to make them look professional and be easy to use. He noted that the guidelines currently used were put together by previous commissioners that had the ability to do so, but there doesn't seem to be the ability to do so now. Adiournment Motion made by Stevens, seconded by Hottle to adjourn the meeting at 5:30 p.m. Motion carried unanimously. Respectfully submitted, Joseph Geilman Planner I -5- Page 127 of 316 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING—February 18, 2025—4:30 P.M. The meeting was held in the Mollenhoff Room at City Hall Chairperson Hedrick called the regular meeting of the City of Waterloo Historic Preservation Commission to order at 4:35 p.m. Commission Members present were: Nick Hedrick, Jared Hottle, Ed Ottesen, and Ivan Valtchev Commission Members present electronically were: Terry Stevens Commission Member(s) absent were: Matthew Gilbert, Susan Price, Hector Salamanca Arroyo, Colleen Weliver Others present were: Joseph Geilman and Aric Schroeder- Planning Staff, EJ Gallagher, and 5 members of the public Approval ofAQenda Motion made by Otteson, seconded by Valtchev to approve the agenda of the March 18, 2025 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Valtchev, seconded by Hottle to approve the minutes of the February 18, 2024 regular meeting. Motion carried unanimously. Oral Presentations No Report Hearings 1. Request by Ernest Clark and Elaine Eggers for a Certificate of Appropriateness to replace current cedar shingles with new cedar shingles on the side of the house at 226 Alta Vista Avenue. Ernest Clark introduced their builder and explained that they found a cedar shingle product that they will use to replace the siding on a section of the house. Elain Eggers explained that the cedar shingles comes on a panel, which will be quick and easy to put on the side of the house, but will look like traditional cedar shingles. Hedrick questioned when they would start. Clark responded that they would start as soon as they got approval and the weather was better. Valtchev questioned if they would be replacing the whole side rather than patching the bad sections. Clark responded that they will be replacing the whole upper floor of the side of the house. Hottle questioned what the corners would look like, to which Clark responded that the shingles would butt together but would flare out at the bottom. Eggers added that the installation is similar to the installation of lapping since the singles are on panel boards. Hedrick and Hottle noted that they appreciate the work put into the repair to make -1- Page 128 of 316 it look nice. It was moved by Hottle and seconded by Ottesen to approve the request by Ernest Clark and Elaine Eggers for a Certificate of Appropriateness to replace current cedar shingles with new cedar shingles on the side of the house at 226 Alta Vista Avenue. Motion passed unanimously. 2. Request by the Grout Museum District for a Certificate of Appropriateness to allow for the repair of a crumbling foundation and a sagging brick wall at the Russell House at 520 W Yd Street. Alan Sweeney, from the Grout Museum, explained that the limestone foundation is crumbling in some places, and a section of the wall is beginning to sag. The inside of the house on that side will be shored up with beams, the inside of 2 small windows will be blocked off with solid material to help support the foundation and wall. The limestone will be replaced with extra stone already on hand, and the new grout will match the existing grout. Sweeney also noted that waterproofing options were also being looked at. Valtchev noted that waterproofing would be ideal, if possible, with it potentially being enough to just divert the water away from the wall. Sweeney noted that the curb is below the foundation. Valtchev suggested using rock to help water drain away from the wall. Hottle questioned how the water comes off the roof. Sweeney stated that there is no gutter on this side of the roof. Schroeder questioned how far the water hits from the building when it comes off the roof. Sweeney noted that it goes far enough to hit the asphalt but may splash or be blown back against the wall. Valtchev also noted that salt could be the problem, and that plants could be added to block the salt. Sweeney noted that they would ideally like to start soon and will be getting the bid back on the project soon. Valtchev noted that they should make sure to use the right type of mortar. Hottle stated that the project seems good to him. It was moved by Hottle and seconded by Valtchev to approve the request by the Grout Museum District for a Certificate of Appropriateness to allow for the repair of a crumbling foundation and a sagging brick wall at the Russell House at 520 W 3rd Street. Motion passed unanimously. 3. Request by the City of Waterloo for a Certificate of Economic Hardship for the demolition of the vacant house at 521 Pine Street. Aric Schroeder stated that the city wishes it didn't have to demolish this house,but that multiple parties had been reached out to and they all said that it was too far gone. Valtchev asked what the interior looks like. Schroeder stated that it looks like the inside of a longtime vacant house that has been exposed to the elements. Valtchev noted that JSA was looking at it. Schroeder stated that they had been but had backed out. The city went to Habitat next,but they also decided that it was too far gone. Valtchev noted that he wished there would have been more of an effort earlier to keep it in a state that would have allowed it to be rehabilitated. -2- Page 129 of 316 Hottle stated that it is hard when JSA backs out, and if both JSA and Habitat state that it is not worth it, then it means that it is really bad. Valtchev noted that it is hard to be put in this position, and wished that it wasn't sprung suddenly on the commission. Hottle questioned if the lot could be used as parking for 516 Pine, which is across the street. Schroeder responded that it could be looked into. Hottle stated that he just does not want to see it be a vacant lot. Valtchev noted that he would like it to be a residence at some point in the future and stated that it looks a lot like another one that JSA rehabbed. Schroeder replied that it does, but JSA might rethink about doing another project like that,based on the rising const of materials, and their previous project cost a lot more than it will ever be worth. Schroeder stated that a time could be set for the commissioners to go in and look at it. Valtchev asked if other companies or people had been reached out to, to which Schroeder responded that 5 or 6 others had been reached out to,but no one considered it. Following the motion, Schroeder noted that the commission has 6 months to develop a plan to save it, and that staff would reach out to set up a time to go into 521 Pine Street. Hottle questioned what it was zoned and whether it could be used as multifamily. Schroeder responded that it would probably be easier to keep it single family. Stevens noted that it would be great to save it as it is on the east side by businesses, and that there may be a push to redevelop it rather than let it deteriorate. Schroeder noted that staff will try to do better at letting the commission know when houses are getting closer to demolition, and that the Dunsmore house is getting worse, and that one side of the house is a hazard and may be in danger of collapsing. Hottle questioned if there was the possibility of posting it on Zillow or another real estate site to try and gather interest in the property. Schroeder responded that it would be difficult to list it on places like Zillow. Hottle mentioned what the cattle congress did, and Valtchev noted that it could be listed and then just wait and see what happens. Hottle noted that there is a marketing problem with the Dunsmore house. Schroeder stated that the list of interested parties in rehab projects is growing, and the Dunsmore house is mentioned, but has never heard back about it. Stevens asked what the address of the old hospital was, to which Geilman responded that it is 516 Pine Street. Schroeder stated that there is a development agreement in place for that property. It was moved by Hottle and seconded by Otteson to approve the Request by the City of Waterloo for a Certificate of Economic Hardship for the demolition of the vacant house at 521 Pine Street. The motion failed 1-4 (Hottle voting for approval). Building/Proiect Consultation No Report Reports 1. Main Street Ottesen noted that there are new volunteer signups. The Friends of Main Street Waterloo is wanting to get 100 people to donate $100. There were also multiple design reviews of signs, one -3- Page 130 of 316 for 621 Commercial Street and 331 E 4th Street. There is a Main Street Sweep upcoming on Saturday from 10-lpm, and the next meeting will be on March 26th, where there will be more planning for the scavenger hunt. 2. Silos and Smokestacks No Report 3. Grout Museum Gallagher noted that the museum will be hosting the recognition dinner. It is also spring break, so there are reduced admissions, which has led to a lot of kids going to the museum. The trivia fundraiser when will, and they are still getting money from a city contract, but not as much as before. It was also noted that there will be new exhibits coming, and that the Bosnian exhibit is still there. 4. Highland Neighborhood No Report 5. Walnut Neighborhood It was noted that the park design is ongoing, as well as the 4-way stop beautification project. The next neighborhood meeting is in April. It was also noted that the grocery store may have a buyer. Discussion Items/Possible Action Items 1. 2025 HPC Awards Banquet Geilman noted that the award recipients will need to be chosen next month. This is behind what the schedule was last year, but it still should be fine. 2. School Art Proiect 2025 Stevens noted that she will contact everyone necessary in the school right away, and clarified that the commission wanted to include all art. The commission agreed that all art forms should be included. 3. Dunsmore House No further discussion. 4. Collaborations No report. 5. City-Owned Properties -4- Page 131 of 316 No Report 6. Goals and Action Plan The Goals and Action Plan and the Timeline were reviewed. Discussion Items Stevens brought up St. Mary's, and expressed concern with the piles of rubble sitting there on the property and wants them to be removed. There are concerns in the neighborhood about harmful chemicals. Geilman noted that there have been some issues with the demolition and will talk with Schroeder about it. Valtchev noted that it was just asbestos,not chemicals that could leach into the ground, and asbestos is only a problem when it is stirred up. Design Guidelines No Report Adiournment Motion made by Valtchev, seconded by Stevens to adjourn the meeting at 5:32 p.m. Motion carried unanimously. Respectfully submitted, Joseph Geilman Planner I - s- Page 132 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Motion to receive and file Planning, Programming, and Zoning Commission minutes of December 2024 and January 2025. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. P&Z Minutes December 10, 2024 2. P&Z Minutes January 14, 2025 Page 133 of 316 Page 134 of 316 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING,AND ZONING COMMISSION REGULAR MEETING-4:00 P.M. DECEMBER 10,2024 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Schoborg at 4:00 p.m. via Zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Brandon Schoborg, Eric Donat, Phillip Shirk, Cody Leistikow, and Scott Voight Members present electronically were: None. Members absent were: Kristen Schaerer, Janelle Ewing and Eric Poe (one position is vacant). Others present were: Lexi Schneider,Adarsh Tummala,Joseph Geilman, and John Dornoff—Planning Department and Jamie Knutson—City Engineer. Others present electronically: Dave Boesen—City Council Liaison. I. Approval of the Agenda It was moved by Shirk and seconded by Donat to approve the agenda combining items A-1 and A-2. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on November 12, 2023. It was moved by Donat and seconded by Shirk to approve the minutes of the November 12, 2024 meeting. Motion carried unanimously. III. Financial Report October 2024. Dornoff reviewed the financial report. It was moved by Leistikow and seconded by Donat to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations There were no Oral Presentations. V. New Business A. Plats 1. Request by by Robson Homes, Inc. for the Preliminary Plat of Prairie Meadow Estates 1St Addition, a 49-lot residential subdivision in the"R-3"Multiple Residence District. Schnieder read the staff report recommending approval of the request with the following condition: that the Preliminary Plat be updated prior to it being submitted to the City Council. Donat asked if all the needed items have been turned in and if it will affect the timeline for going to the City Council to which Dornoff responded that all the items are being reviewed and the plats will not be forwarded to the City Council until all items are approved. Page 135 of 316 Planning and Zoning Commission December 10,2024 It was moved by Shirk and seconded by Donat to recommend approval of a request by Robson Homes,Inc. for the Preliminary Plat of Prairie Meadow Estates I st Addition, a 49-lot residential subdivision in the "R- 3"Multiple Residence District. Motion carried unanimously. 2. Request by Robson Homes, Inc. for the Final Plat of Prairie Meadow Estates 1St Addition, a 49-lot residential subdivision in the "R-3"Multiple Residence District. Schneider read the staff report recommending approval of the request with the following condition: that a Certificate of Survey,Deed of Dedication, and Contracts and Waivers are updated prior to the request being sent to City Council Item was discussed under A-1. It was moved by Shirk and seconded by Donat to recommend approval of a request by Robson Homes, Inc. for the Final Plat of Prairie Meadow Estates 1St Addition, a 49-lot residential subdivision in the "R-3" Multiple Residence District. Motion carried unanimously. 3. Request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 4th Addition, a 39- lot industrial subdivision in the"M-2,P"Planned Industrial District. Dornoff read the staff report recommending approval of the request. Donat asked if Engineering was ok with the drainage plan to which Knutson answered that his department is doing the drainage plan themselves. Voight asked if he should vote on this item being the fact that he is on the Airport Board to which Dornoff responded he could abstain from voting. It was moved by Leistikow and seconded by Shirk to recommend approval of a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 41 Addition, a 39-lot industrial subdivision in the "M-2,P"Planned Industrial District. Motion carried 4-0-1 (Voight abstaining). B. Encroachment Agreements 1. Request by Steve and Yvonne Smith for an Encroachment Agreement to allow for a fence in City- Owned Right of Way in the "R-2" One and Two Family Residence District located east of 2324 Maynard Avenue. Tummala read the staff report recommending approval of the request with the following condition: a fully signed and executed encroachment agreement. Voight asked how far south they are planning to build the wall,to which Dornoff responded that the applicants wanted to run the wall to the property line however,the city is against the wall going to that far and wants the wall to end equal to the front of the house and then fence along the front of the property. Schoborg asked if this item is only for the fence shown in the site plan to which Dornoff stated yes however they could try to get a variance for having the fence in the front yard since they need to have a variance for the height of the fence anyway. Leistikow asked if it was common for sound walls to be connected to homes, to which Dornoff responded that the sound wall would not be directly connected to the home; it would be a regular privacy fence along the front of the house. - 2 - Page 136 of 316 Planning and Zoning Commission December 10,2024 Voight asked about the red line heading to the front of the house, to which Knutson responded that the drawing they were seeing was his drawing as he wanted to show that they could not bring the fence any further south than the front of the house. It was moved by Shirk and seconded by Leistikow to recommend approval of a request Steve and Yvonne Smith for an Encroachment Agreement to allow for a fence in City-Owned Right of Way in the "R-2"One and Two Family Residence District located east of 2324 Maynard Avenue with the following conditions: a a fully signed and executed encroachment agreement which includes provisions maintenance provisions by the applicants, access provisions through the fence to provide access to the right-of-way that will be located behind the fencing as well as the existing sound wall to the north and the 8-foot utility easement located along the north property line of the property in question. Motion carried unanimously VI. Election of the Chairperson and Vice-Chairperson for the period ending December 31, 2025. Leistikow was interested in running for Chairperson,but Dornoff noted that he would not be an at-large member until the City Council approves the application,which should be at the first City Council meeting in January so they could table nominations until January. It was moved by Leistikow and seconded by Shirk to table the election of the Chairperson and Vice- Chairperson until the January meeting. Motion carried unanimously. VII. Discussion The next meeting of the Planning, Programming, and Zoning Commission will be held on December 10,2024. VIII. Adjournment It was moved by Donat and seconded by Leistikow to adjourn the meeting at 4:25 pm. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II - 3 - Page 137 of 316 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING,AND ZONING COMMISSION REGULAR MEETING-4:00 P.M. JANUARY 14, 2025 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Vice-Chairperson Shirk at 4:00 p.m. via Zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Kristen Schaefer, Janelle Ewing, Eric Poe, and Phillip Shirk. Members present electronically were: Eric Donat. Members absent were: Brandon Schoborg and Scott Voight(two positions are vacant). Others present were: Rob Nichols—City Council Liaison; Noel Anderson, Adarsh Tummala, Joseph Geilman, and John Dornoff—Planning Department; Jamie Knutson—City Engineer; and four citizens. Others present electronically: Dave Boesen—City Council Liaison. I. Approval of the Agenda It was moved by Donat and seconded by Ewing to approve the agenda. Motion carried unanimously. II. Election of the Chairperson and Vice-Chairperson for the period ending December 31, 2025. It was moved by Ewing and seconded by Schaefer to table the election of the Chairperson and Vice- Chairperson until the February meeting. Motion carried unanimously. III. Approval of the Minutes from the regular meeting on December 10, 2024. It was moved by Donat and seconded by Ewing to approve the minutes of the December 10, 2024 meeting. Motion carried unanimously. IV. Financial Report November 2024. Anderson reviewed the financial report. It was moved by Donat and seconded by Ewing to receive and place the financial report on file. Motion carried unanimously. V. Oral Presentations There were no Oral Presentations. VI. New Business A. Special Permits 1. Request by the City of Waterloo for a Special Permit for the new police station and city hall in the "C-3" Central Business District located at 100 East 4th Street. Dornoff read the staff report recommending approval of the request. Donat asked if this was the current location of the Courier Newspaper, to which Anderson responded that they were no longer in the building and the building was currently empty. Page 138 of 316 Planning and Zoning Commission January 14,2025 It was moved by Ewing and seconded by Schaefer to recommend approval of a request by the City of Waterloo for a Special Permit for the new police station and city hall in the "C-3"Central Business District located at 100 East 41"Street. Motion carried unanimously. 2. Request by King Automotive for a Special Permit for the expansion of an existing Salvage Yard in the "M-1"Light Industrial District located at 275 Rampart Lane. Tummala read the staff report recommending approval of the request with the following conditions: 1) That the proposed fencing meets the 8' high requirement; 2) That the stream crossing is approved by DNR and local floodplain development permit; and 3) That the final site plan will meet all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, drainage, etc. Jerry King, Kings Automotive, was available to answer questions. Donat asked what the status was of the DNR permit and the concerns of Engineering and the Fire Department, to which King responded that they have applied to the DNR for the proper permits to go forward with the floodplain and the bridge since the bridge is needed for fire department access. Poe asked what the reasoning was behind the 8-foot tall fence, to which Anderson responded that it was put into the Zoning Ordinance for aesthetic reasons. It was moved by Ewing and seconded by Schaefer to recommend approval of a request by King Automotive for a Special Permit for the expansion of an existing Salvage Yard in the "M-1"Light Industrial District located at 275 Rampart Lane with the following conditions: 1) That the proposed fencing meets the 8'high requirement,2) That the stream crossing is approved by DNR and local floodplain development permit; and 3) That the final site plan will meet all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, drainage, etc. Motion carried unanimously. 3. Request by Levi Architecture on behalf of Ascension Lutheran Church for a special permit for a 5,252 sq ft daycare building that is accessory and incidental to the church with a future addition of 2,176 sq ft in a"R-2" One and Two Family Residence District located at 2211 Maynard Ave . Geilman read the staff report recommending approval of the request. Dan Levi, Levi Architecture, thanked staff for their help with the project. Donat asked if the responsibility for the detention basin had been determined to which Knutson answered that the detention basin belongs to the church and will be required to maintain it. It was moved by Ewing and seconded by Schaefer to recommend approval of a request by Levi Architecture on behalf of Ascension Lutheran Church for a special permit for a 5,252 sq ft daycare building that is accessory and incidental to the church with a future addition of 2,176 sq ft in a "R-2" One and Two Family Residence District located at 2211 Maynard Ave. Motion carried unanimously. 4. Request by Amerco Real Estate Company(U-Haul) for a Special Permit for an expansion to an approved storage facility in the "C-2" Commercial District located at 3810 University Avenue. - 2 - Page 139 of 316 Planning and Zoning Commission January 14,2025 Domoff read the staff report recommending approval of the request with the following conditions: 1) That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc.; 2) That sidewalk is installed along Progress Avenue with necessary easements; 3) that the applicants work to submit additional layout for the creation of an outlot to the City of Waterloo, to work to buffer the mini-storage construction, and create the main viewable front portion of the lot as the northeast corner of Progress Avenue and University Avenue; 4) That the newly constructed mini-storage units have the design for the southern sides to be of the brick fagade as submitted, the landscaping plan is in place, also as submitted, to help buffer and soften the new construction; and 5) This approval would allow for redevelopment of the big box, construction of the RV covered stalls, construction of the mini-storage units, all as submitted, with future requirement that an acceptable outlot size and layout be approved by City in partnership with U-Haul, including the conveyance of the former vacated frontage road, to create a larger setback and larger site for redevelopment overall. Domoff noted the staff received a new site plan shortly before the meeting which was handed out. Mike Shorter, U-Haul Marking Director, stated he was available to answer questions. Ewing asked if the company was moving from its existing location, to which Sher responded that the existing building at 3633 University Avenue will continue to be used, and this will be in addition. Donat asked if the stormwater review was completed and the other concern about meeting the fire code, to which Knutson responded that, at present, they are not planning to make changes to the paving, which does not require them to a new stormwater detention pond but if at some point they change the parking lot or create outlots then they would have to design stormwater detention. Anderson responded that the Fire Marshall will ensure they meet the Fire Code as the plans go through the process. It was moved by Schaefer and seconded by Donat to recommend approval of a request by Amerco Real Estate Company(U-Haul)for a Special Permit for an expansion to an approved storage facility in the "C-2"Commercial District located at 3810 University Avenue with the following conditions: 1) That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc.;2) That sidewalk is installed along Progress Avenue with necessary easements; 3) that the applicants work to submit additional layout for the creation of an outlot, to work to buffer the mini-storage construction, and create the main viewable front portion of the lot as the northeast corner of Progress Avenue and University Avenue; 4) That the newly constructed mini-storage units have the design for the southern sides to be of the brick facade as submitted, the landscaping plan is in place, also as submitted, to help buffer and soften the new construction; and 5) This approval would allow for redevelopment of the big box, construction of the RV covered stalls, construction of the mini-storage units, all as submitted, with future requirement that an acceptable outlot size and layout be approved by City in partnership with U-Haul, including the conveyance of the former vacated frontage road, to create a larger setback and larger site for redevelopment overall. Motion carried unanimously. VII. Discussion The next meeting of the Planning, Programming, and Zoning Commission will be held on February 11, 2025. VIII. Adjournment - 3 - Page 140 of 316 Planning and Zoning Commission January 14,2025 It was moved by Ewing and seconded by Schaefer to adjourn the meeting at 4:41 pm. Motion carried unanimously. Respectfully submitted, OLalll -- John Dornoff, Planner II - 4 - Page 141 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Motion to receive and file Board of Adjustment minutes for October and November 2024 and January, February, and March 2025. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BoA Minutes October 22, 2024 2. BoA Minutes November 26, 2024 Page 142 of 316 3. BoA Minutes January 28, 2025 4. BoA Minutes March 25, 2025 Page 143 of 316 CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT MINUTES REGULAR MEETING-4:00 P.M. OCTOBER 22, 2024 The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson Thornsberry at 4:00 p.m. via Zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Jeri Thornsberry, Tom Powers, and Christopher Schmitz. Members present electronically were: Craig Holdiman. Members absent were: John Beckman. Others present were: Aric Schroeder, Lexi Schneider& John Domoff—the Planning Department and 5 citizens. Others present electronically were: Dave Boesen—City Council Ward 2. I. Approval of the Agenda It was moved by Schmitz and seconded by Powers to approve the agenda as amended to change the applicant's name on item 3. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on September 24, 2024. It was moved by Powers, seconded by Holdiman to approve the minutes of the September 24, 2024 Board ofAdjustment meeting. Motion carried unanimously. III. Decision Items 1. Request by Grace Reformed Church for a Special Permit to allow for the use of a home for youth gatherings and a variance to allow a banner sign for longer than 60 days in the "R-2" One and Two Family Residence District located at 1322 Shady Lane. Schnieder read the staff report recommending approval of the request. Pastor Dave Van Netten, 1310 Shady Lane was available to answer questions. Thornsberry asked if the Board made it a stipulation that the banner sign be up only between the months of September through December, and April and May would there be a problem to which Van Netten answered no that they take the sign down in winter to keep it in good condition and for snow removal. Schmitz asked how many kids attend the youth meetings to which Van Netten answers ten to twelve. It was moved by Schmitz, seconded by Powers, to approve,per staff recommendation, the request by Grace Reformed Church for a Special Permit to allow for the use of a home for youth gatherings and a variance to allow a banner sign for longer than 60 days in the "R-2"One and Two Family Residence District located at 1322 Shady Lane with the condition that the sign is only displayed September through December and April through May. Motion carried unanimously. 2. Request by John Manago for a variance to 35% lot coverage limit to allow for 2,863 square feet of structures, 301 square feet more than the 2,562 square feet allowed, and a variance to the 30%rear Page 144 of 316 City of Waterloo Board of Adjustment October 22,2024 yard lot coverage limit to allow for 440 square feet of detached structures in the rear yard, 44 square feet more than the 396 square feet allowed, and a variance to the front yard setback along the long dimension street frontage on a corner lot to allow for a setback of 5', 5' less than the 10' required, to allow for the replacement of a 14' x 22' attached carport in the "R-2" One and Two Family Residence District located at 1627 W 3rd Street. Schnieder read the staff report recommending approval of the request. John Manago, 1627 West 3rd Street was available to answer questions. Schmitz stated he agrees with the letter Manago presented and likes to see things improve. It was moved by Schmitz, seconded by Powers, to approve the request by John Manago for a variance to 35% lot coverage limit to allow for 2,863 square feet of structures, 301 square feet more than the 2,562 square feet allowed, and a variance to the 30% rear yard lot coverage limit to allow for 440 square feet of detached structures in the rear yard, 44 square feet more than the 396 square feet allowed, and a variance to the front yard setback along the long dimension street frontage on a corner lot to allow for a setback of 5'9 5'less than the 10'required, to allow for the replacement of a 14'x 22' attached carport in the "R-2"One and Two Family Residence District located at 1627 W 3rd Street. Motion carried unanimously. 3. Request by Ron Kisner for a variance to the accessory structure regulations to allow for a new single- family home to be constructed without the required accessory structure and a variance to allow for a travel trailer to serve as living quarters while the home is under construction in the "R-2" One and Two Family Residence District located adjacent to 427 Rath Street. Dornoff read the staff report recommending approval of the request for the variance to allow for the construction of a single-family home with no accessory structure and denial of the request to allow for a travel trailer to serve as temporary living quarters. Ron Kisner, 433 Rath Street, stated that he will be installing a port-a-potty, so there will be no issues with sanitation and is having the plumbing plummed to be hooked up to the sewer, which allows him to have a garbage can. He further stated he is trying to turn his life around and is building this place paycheck to paycheck. He stated he needs to be able to stay in the camper to buy materials and only has about 18 months before it must be done per the development agreement with the City. Kisner further stated that when he was acquiring the property, he understood that someone had concerns about the size of the property and would like to make it a little bigger but cannot do that if he has to have a garage if he doesn't have to build the garage he can make the house bigger. Thornsberry stated that the travel trailer looks like a class C to which Dornoff responded that the class C motorhome belongs to the adjacent property. Thornsberry also asked if there have been a time where a person has been allowed to stay in a travel trailer while building a home to which Dornoff answered not in the time he has been with the city and Schroeder stated he is not familiar with any similar request. Holdiman asked for confirmation that he has a deadline to have the house completed by the City and would it be possible to let him stay in the trailer until the house is completed and this could drag on for a long time if a deadline is not enforced to which Dornoff stated he does have a deadline with the city and that it would be possible to let him stay in the travel trailer, if the Board approved a variance. - 2 - Page 145 of 316 City of Waterloo Board of Adjustment October 22,2024 Schmitz asked for confirmation that the applicant was in the process of having the building plumbed, and sanitation taken care of and what the timeline for that was to which Kisner stated that he needs to money to pay the plumber and it will probably be spring and explained the difficulties of pulling the trailer out and emptying the black tank during winter,which is why he was proposing the port-a-potty. Kisner also stated that on that block there is only one house that looks really good and he wants his house to look even better than that one especially since it will be on the corner. Thornsberry asked if the Board approves for the applicant to live in the travel trailer, can a deadline be imposed for the house to be completed or the trailer removed, and what happens with the development agreement if the house is not completed by the deadline to which Schroeder responded that in the development agreement, there is wording about extensions,which staff can administratively approve for up to six months, beyond that would require amendment approval from the City Council however, barring an extension there is a termination clause in the agreement that the city can terminate the contract, and would get possession of the property back. Kinser noted that if he cannot complete the house and the city terminates the agreement he will loose everything he puts into it, so he has a strong incentive to complete the house. Schmitz stated that if there will be a motion to approve the travel trailer as living quarters, there needs to be hard stop language as a condition. Powers asked if the applicant owns the property now to which Schroeder responded that the City is selling the applicant the property on contract, so he does have possession of the property. Schroeder went over the City of Waterloo infill policy. Holdiman stated he is in favor of the hard stop condition. Boesen stated he voted against the development agreement when it came to the City Council because it was going to be a 400 square foot home which is basically a 20' X 20' garage. Still, it was also going to have an actual garage, that it sets a dangerous precedent to allow for a travel trailer to serve as living quarters. There will be no sanitary until next spring, and instead,we will have a porta potty. there are other areas of the city where the City requires garages to be added to new homes even if homes in the surrounding area do not have garages. Thornsberry stated that this is an unusual situation because of the shape and size of the lot, to which Boesen reiterated that an accessory structure was part of the development agreement when it was approved but it is now coming before the Board of Adjustment to remove the garage. Schroeder noted that in the development agreement that a garage was required unless a variance was approved by the Board of Adjustment and the applicant did indicate his intensions to apply for the variance before signing the paperwork for the development agreement. Kisner stated that the porta potty could be delivered on Friday to which Thornsberry responded that Mr. Boesen was talking about the sanitary line and Schmitz stated he would be more comfortable with the variance to allow for living in the travel trailer if the sanitary line was installed before the snow starts falling because of the possibility of freezing. - 3 - Page 146 of 316 City of Waterloo Board of Adjustment October 22,2024 Kisner stated again that Mr. Boesen stated he would like to see a bigger home and Kinser would like to build a bigger home but cannot if he has to build the garage and Thornsberry asked Kinser what his ideal building size would be to which he responded 25' X 30' or 25' X 28' and he already has blueprints started from a structural engineer. Thornsberry expressed her concerns about the possibility of the trailer freezing, to which Kinser responded that if it gets really bad then he will have to look at moving somewhere else but also needs to have every dime possible in order to get the house built and also noted that at this time of year there is no campgrounds open where he can take the trailer. Boesen indicated that the Waterloo KOA has spotswith year around camping. Thornsberry asked for confirmation that the applicant is asking for the variance to live in the trailer until April 1St and then the trailer will be moved to which Kisner stated he plans to have the house drywall in where he can live in it by the end of next summer to which Holdiman and Powers stated that even if its dried in he would not get a Certificate of Occupancy to which Kisner stated that he wants to have the house done in less than a year. Thornsberry asked what the other Board members' thoughts were about shortening the length of the trailer to six months, which could lessen the precedent issue,but still has concerns but is in favor of people using the property in the fullest possible way. Thornsberry also noted that throughout the United States, more and more smaller houses are being built, which is what is happening in today's world. Schmitz asked Kisner about his social and family life, to which Kisner responded that he does not have a good relationship with his family, to which Schmitz responded that the 400 square foot home is probably bigger than the home his uncle lives in and the uncle doesn't entertain so it works for him and does not have concerns about that but that is not the issue being discussed. Kisner stated that when he first discussed the possibility of building a house on the lot, he was looking at a tiny home, but Schroeder stated that it would most likely be a no-go. Powers asked if the applicant was going to hire a contractor and stated his concerns about the living conditions in the trailer, such as the cold and space, and also has concerns about the sewer connection, to which Kisner stated that he and his son are going to build the home but the new sewer line has to be brought in from where it was capped off in the street but the porta pottie could be there this coming Friday. Kisner further stated that he does not want his property looking like his neighbors property and the neighbor is his sibling and that property has not had water or sewer in over four and a half years. Powers asked if the applicant or his son is a contractor, to which Kisner stated that his son has been doing contracting for years but that he can take out a permit as the owner to which Schroeder responds that a homeowner can take out a permit and build their own home for most of it although there is certain items such as plumbing and electricity that will need a licensed contractor. Thornsberry asked if the applicant had discussed his plans with the neighbors, to which Kisner stated no, and a guy down the street always calls the city on his sister, and his place is nothing like the place next door. - 4 - Page 147 of 316 City of Waterloo Board of Adjustment October 22,2024 Schmitz asked if the applicant was familiar with when the KOA or other campgrounds in the area were closed, to which Kisner answered he assumed they were closed already, and Boesen responded that KOA has year-round camping. Powers asked if the applicant had looked at other alternatives to park the travel trailer at to which Kisner stated he checked out Deerwood and Black Hawk Park and was unaware that the KOA was still open. Powers asked if the KOA could be an alternative to staying on the property, to which Kisner stated it could be, but he needs to save as much money as possible to put all that money into the house. Holdiman asked if there is a toilet in the travel trailer to which Kisner stated yes but is also have a porta potty delivered because it will be difficult to empty the trailers tanks in the winter. Thornsberry went over the different discussion items that has been discussed. It was moved by Schmitz, seconded by Holdiman,per staff recommendation to approve the request by Ron Kisner for a variance to the accessory structure regulations to allow for a new single-family home to be constructed without the required accessory structure in the "R-2"One and Two Family Residence District located adjacent to 427 Rath Street. Motion carried 3-1 (Powers voting nay). It was moved by Schmitz, seconded by Holdiman,per staff recommendation to deny the request by Ron Kisner for a variance to allow for a travel trailer be used as living quarters while the new house is being built in the "R-2"One and Two Family Residence District located adjacent to 427 Rath Street. Motion carried unanimously. 4. Request by Lora Howard for a Special Permit for an Urban Animal Hobby Farm to allow for 10 chickens and 10 ducks and a variance to square footage requirements to allow for approximately 900 square feet of fenced area, 54,100 square feet less than the 55,000 square feet required in the "R-2" One and Two Family Residence District located at 729 Avon Avenue. Dornoff read the staff report recommending denial of the request for ten chickens and 10 ducks but approval of a request for two small animals (chicken or duck) as emotional support animals. Thornsberry asked if there has been opposition, to which Dornoff responded that there was one person at the Planning, Programming, and Zoning Commission who voiced their opposition. Schmitz asked how coops rate in the accessory structure requirements, to which Dornoff responded they count toward the accessory structure square footage, but if it is smaller than 10' X 12', they do not need a building permit. Lora Howard, 729 Avon Avenue, stated that the animals have been there for 3 years, and there has been no complaint. In fact, some of the neighbors stop to see them. She also stated that she cooks for them and feeds them and that she goes through 25 pounds of corn and 25 pounds of feed; they are taken care of, and she takes them to nursing homes; they are her emotional support animals. Howard accused Dornoff of lying, noting that her therapist wrote two letters, one saying an emotional support animal the second says animals. Thornsberry asked how many animals that the applicant has on the property to which Howard answered she does not know, but personally she has ten chickens and ten ducks but her friend who is out of the country who should back this week or next week and they will be returning to her house which was told - 5 - Page 148 of 316 City of Waterloo Board of Adjustment October 22,2024 to Dornoff to which Dornoff responded it was mentioned in the staff report and Thornsberry stated that the letter was in the packet. Schmitz noted that the letter in the packet says animals and that staff recommended animals,plural. Thornsberry asked if the applicant considers all the ducks and chickens to be emotional support animals, to which Howard responds yes she does and so does her therapist because she suffers from PTSD, Major Depressive Disorder, Extreme Anxiety, and she also stated that this has caused her a lot of anxiety and she fights the urge not to drive her car into a semi and has lost jobs. Howard further stated that she does drive an hour and 45 minutes to work each way in Waukon,but her animals are well taken care of, they have two pools out there, they get fresh water before she goes to work and when she gets home, their feces is picked up and taken to a farm, and they are fed every day. Thornsberry asked what the applicant does with the eggs to which Howard responds that she cooks them for the chickens and the ducks. She also stated that the animals get sprayed for mites once a week, they are vaccinated, she feeds them foods that would help prevent respiratory infections, and she has done her research on them. Powers asked if the applicant had read the City Ordinance about hobby farms before she got the animals to which she responded that she never new about the Ordinance until she got them and they have been there almost three years and the only reason this was brought up was because she had her daughter living with her who she had committed for her drinking and the daughter responded by calling Code Enforemcent on her. Thornsberry mentioned that the Urban Animal Hobby Farm section of the Zoning Ordinance was passed in 2017, to which Howard responded that she had no idea and she was from St. Louis and had no knowledge of the rules, to which Schmitz responded that he has only lived in Waterloo for two years and any one can get a copy of the Ordinance book for free which Dornoff responded that they are $15.00 if someone was to buy an actual book but it is also available online. Thornsberry stated that the issue is that the Board of Adjustment has been very strict with following the Ordinance when it comes to the Urban Animal Hobby Farms because when it was created it took a lot of negotiation and understanding with a lot of citizens coming forward and letting the City Council know what they wanted Waterloo to be and if they wanted to live in a neighborhood with hobby farms, and if the answer was yes then there was rules how to create a hobby farm and the Board has been very diligent in keeping to the regulations and the size of this lot does not conform to what is needed for the animals. Schmitz stated that the fenced area is substantially less than what is the minimum required, and there is a big difference between meeting I% of the requirement and meeting 100% of the requirement and states that they are looking to allow for some of animals which is part of the staff recommendation which is more than what would be permitted normally and the conversation will be what is the maximum number that should be allowed on this property and do a variance for that. Schmitz asked for clarification that the normal number of animals that would be allowed on this property is one to which Dornoff responded that it woud be zero. Holdiman noted that staff is recommending two animals as emotional support animals which Thornsberry noted is way out of compliance with what has been dealt with in the past. - 6 - Page 149 of 316 City of Waterloo Board of Adjustment October 22,2024 Schmitz noted that this and carports are the two biggest issues that come up, and there are plenty of precedents where requests have been denied. Dornoff noted that in the information given to staff from the Human Rights Commission covers the Fair Housing Act which applies to rentals but the information states that the landlord can restrict the type of animals that are allowed as emotional support animals and they need to meet local laws. Holdiman asked if she has a letter stating the number of animals she has to have for emotional support animals to which Thornsberry stated that what she has was on page 42 of the packet is a letter from a mental health provider from People's Clinic and Holdiman responded that the letter does not address the number of animals she needs to have and this is excessive and asked if emotional support animals need some kind of certification to which Howard responds that service animals do but emotional support animals do not and Schmitz responds that the service emotional support animals provide is being there for the person that needs them. Schmitz further noted that you cannot bring an emotional support animal into a retail store by putting on a vest, unlike a service animal that has specific training and certification, such as a seeing-eye dog or seizure warning dog. Powers asked if the applicant is owner-occupied to which Howard answers that she is buying the home on contract. Thomsberry stated a Special Permit and a variance to the square footage is needed and noted the size of the property is substantially smaller than what is allowed by the Ordinance and noted that this would be a significant precedent as the lot is significantly smaller and the Board has denied other such requests. Boesen stated that as a City Council member, he would like to see a moratorium on all new Urban Animal Hobby Farms until the Hobby Farm portion of the Ordinance is either removed or significantly revised and noted that one thing the current Ordinance does not deal with is manure mitigation, winter, spring thaw, then the neighbors have to deal with it. He further stated that this becomes a Code Enforcement nightmare as this property has chickens, ducks and turkeys; since there are two turkeys present and with the high fence if the Board grants two for emotional support animals, it will fall on Code Enforcement to deal with it and they will need a search warrant to go inside. The definition of a Hobby Farm needs to be redefined; while the square footage has been specified, the Board has allowed variances and denied variances for the square footage, but the other issues are not dealt with, such as manure, manure runoff associated with these Hobby Farms before we allow more Hobby Farms. Thornsberry stated that in the work she does Avian Bird Flu is a significant issue and the concentration of the animals in this case is troubling. Schmitz stated we can also discuss the recommendation of up to two emotional support animals which would allow some grace for two ducks to which Thornsberry answered that the difficulty there is the 900 square feet of fenced area which is 9100 square feet less than the 10,000 square feet required and Schmitz responded that he is willing to table that item so they can receive more information from the mental health provider and would be willing to entertain those two ducks with additional input from the therapist and does not feel that an Urban Animal Hobby Farm is the right thing that is being applied for. Thornsberry asked Schmitz if he wanted to withdraw his initial motion and then table the entire item, to which Schmitz stated he was not sure he wanted to do that, and Holdiman stated he was not in favor of that and Thornsberry noted that the two emotional support animals was just a suggestion. - 7 - Page 150 of 316 City of Waterloo Board of Adjustment October 22,2024 Powers asked if we would get the additional information from other sources or how that would work to which Schmitz stated they would need more information from the mental health provider to guide the conversation and that could change the decision to which Holdiman answered that it would still not comply with the Code and Thomsberry noted it would not comply with the code significantly. Schmitz stated that there is no legal way to make that happen so it is probably best not to make that recommendation and not waste anyone's time since it is so far outside the precedent that its not something the Board should grant. There was no motion concerning the emotional support animals. It was moved by Schmitz, seconded by Powers, to deny per staff recommendation the request by Lora Howard for a Special Permit for an Urban Animal Hobby Farm to allow for 10 chickens and 10 ducks and a variance to square footage requirements to allow for approximately 900 square feet of fenced area, 54,100 square feet less than the 55,000 square feet required in the "R-2"One and Two Family Residence District located at 729 Avon Avenue. Motion carried unanimously. IV. Discussion Thornsberry asked Boesen about the thought of re-examining the Ordinance is important since in the rural county there is manure management plans and in a city lot that would be important and should be spelled out so what would be the City Council process for opening up looking at a current Ordinance to which Schroeder responded that a moratorium can be enacted by a vote of the City Council at anytime and staff can discuss the issue with Councilmember Boesen and with regard to the Ordinance Amendment that is something that staff can start looking at what changes need to be made and gather information from other cities then present the changes to the Planning, Programming, and Zoning Commission and a public hearing at the City Council so the process can be started and Boesen stated that he is willing to talk to Noel Anderson and Schroeder about a moratorium and the Board deals with these frequently so the language can be tweaked and the Ordinance strenghted. The City of Waterloo Board of Adjustment will next meet on November 26, 2024. V. Adjournment It was moved by Powers, seconded by Schmitz, to adjourn the meeting at 5:35 p.m. Motion carried unanimously. Respectfully submitted, John Domoff, Planner II - 8 - Page 151 of 316 CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT MINUTES REGULAR MEETING-4:00 P.M. NOVEMBER 26, 2024 The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson Thomsberry at 4:00 p.m. via Zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Jeri Thornsberry, Tom Powers, Craig Holdiman, John Beckman, and Christopher Schmitz. Members present electronically were: none. Members absent were: none. Others present were: Aric Schroeder, Adarsh Tummala& John Dornoff—the Planning Department and 4 citizens. Others present electronically were: Dave Boesen—City Council Ward 2. I. Approval of the Agenda It was moved by Holdiman and seconded by Beckman to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on October 22, 2024. It was moved by Powers, seconded by Beckman to approve the minutes of the October 22, 2024 Board of Adjustment meeting with amendments to correct a minor spelling error. Motion carried unanimously. III. Decision Items 1. Request by Rice Companies for a variance to allow for an 11.5' X 17.5'accessory structure in the required front yard in the "M-1"Light Industrial District located at 3470 West Airline Highway. Dornoff read the staff report recommending approval of the request with the following condition: that the final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc. Schroeder noted that various city departments did meet with representatives of the applicant and the size of the proposed building may need to change although the size is noted, it is not a size variance only that it is in the required front yard and staff has no concerns if the size increases to meet the needs of the applicant. Jamie Fettkether, Rice Companies, noted the size change will not be a large change, but they are working with staff to make that adjustment and are available to answer questions. It was moved by Powers, seconded by Beckman, to approve,per staff recommendation, the request by Rice Companies for a variance to allow for an accessory structure in the required front yard in the "M--1"Light Industrial District located at 3470 West Airline Highway with the following condition: Page 152 of 316 City of Waterloo Board of Adjustment November 26,2024 that the final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc. Motion carried unanimously. 2. Request the City of Waterloo for a one-year temporary variance to the hard surfacing requirements to allow for a gravel lot for the temporary storage of commercial vehicles located in the "M-1" Light Industrial District located southeast of 339 West 13th Street. Dornoff read the staff report recommending approval of the request noting when the application was first turned in, it was thought to be for the company's vehicles; however, it was later noted that it was for employee vehicles. Beckman asked if there were any objections, to which Dornoff responded no. Powers stated that the project is estimated to take 4 to 5 years and questioned whether they would need more time and where the house on 14th Street property comes in at to which Schroeder stated that they would not be blocking the house on 14th Street and that at this point they are only proposing to lease the property for one year and not sure if they feel that it will be needed after that point or looking at alternative sites since they are currently renting the property on 13th Street from a private owner and may look to move. It was moved by Beckman, seconded by Holdiman, to approve the request by the City of Waterloo for a one-year temporary variance to the hard surfacing requirements to allow for a gravel lot for the temporary storage of commercial vehicles located in the "M-1"Light Industrial District located southeast of 339 West 131h Street. Motion carried unanimously. 3. Request by C&S Automotive for a one-year extension of a previous 1-year temporary variance to the hard surfacing requirements to allow for a gravel parking lot located in the "C-2,C-Z" Conditional Zoning District located along the southwest side of South Street from West 6th Street to West 7th Street. Dornoff read the staff report recommending approval of the request. Powers asked where the building is supposed to be located on the lot, to which Dornoff showed the approximate location,but also noted that he is not sure if the plans that have been submitted have changed. Schmitz asked what the ETA was for approval of the building through the building permit process, to which Dornoff responded that it should be by the first of December, depending on staff availability. Holdiman asked if they were planning on construction in the spring to which Dornoff responded yes. Schmitz stated that he feels that this will have an effect on traffic conditions in the area as South Street already has traffic issues with people parked along the west side of the street and has seen people have difficulty walking along the sidewalk due to the poor visibility and while it has nothing to do with what the Board is dealing with it needs to be taken care of. Holdiman agreed with Schmitz that there are issues with South Street. Dornoff noted that the applicant owns the former Goodyear building and is not sure of their plans yet, such as demolishing the building for additional parking however, Dornoff also noted that car dealership - 2 - Page 153 of 316 City of Waterloo Board of Adjustment November 26,2024 inventories are up right now as sales have declined so it is an issue for car dealerships across the country not just for C&S. Schmitz questioned whether the applicant needs a full year if they are starting construction on the spring and considering some of the concerns that have been expressed, to which Schroeder responded that he is not sure if they need the full year or not, but that is what they requested. and feels that if they start in spring they could be done with the building by early summer but they would not want to start paving until the building is done so you are looking at summertime for paving and the applicants may want to have a little extra cushion. Thornsberry noted the uncertainty when it comes to spring weather. Powers asked what the building was planned to be used for, to which Schroeder responded that, to his understanding, it was primarily going to be a parts building. Beckman asked if there is something the city can do about the number of cars parked on South Street and that the applicant needs to be told there is a problem to which Schroeder responded that the Planning Department can discuss it with the Traffic Department on how much parking is allowed on South Street. Holdiman stated that even driving down the street if you meet another car it is very tight. It was moved by Beckman, seconded by Powers,per staff recommendation to approve the request by C&S Automotive for a one-year extension of a previous ]-year temporary variance to the hard surfacing requirements to allow for a gravel parking lot located in the "C-2,C-Z"Conditional Zoning District located along the southwest side of South Street from West 61 Street to West 71h Street with the following conditions: 1) that this variance is only good for one more year and 2) that proper hard surfacing is in place before this variance extension expires. Motion carried unanimously. 4. Request by Tim Wason for a variance to construct a 24'X 24' accessory structure for a total of 2,376 square feet of accessory structure, 576 square feet more than the 1,800 square feet allowed in the "R- 2" One and Two Family Residence District located at 2036 Ashland Avenue. Dornoff read the staff report recommending approval of the request with the following conditions: 1) that the final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc.; 2) a restrictive covenant is signed and recorded, combining the two lots together; and 3)the business is not operated out of the garage and no more than 75% of the accessory structure space can be used for business purposes. Thornsberry asked for clarification that there are currently two lots, which is why the restrictive covenant is needed, which Dornoff stated correct. Tim Wason, 2036 Ashland Avenue, was available to answer questions. Beckman asked about the placement of the door to which Wason stated it would be to the north toward the current accessory structure. Beckman asked about the amount of space that is used for business use to which Wason stated that less than 25% is used for business as he has lots of toys. - 3 - Page 154 of 316 City of Waterloo Board of Adjustment November 26,2024 Wason asked what his next step would be if this is approved, to which Dornoff responded that once it is approved, it can come to the Planning Department and Building Department just as with the previous structure. Wason asked questions about the restrictive covenant to which Dornoff explain what is needed. It was moved by Schmitz, seconded by Powers, to approve per staff recommendation the request by Tim Wason for a variance to construct a 24'X 24'accessory structure for a total of 2,376 square feet of accessory structure, 576 square feet more than the 1,800 square feet allowed in the "R-2"One and Two Family Residence District located at 2036 Ashland Avenue with the following conditions: 1) that the final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc.;2) a restrictive covenant is signed and recorded, combining the two lots together, and 3) the business is not operated out of the garage and no more than 75% of the accessory structure space can be used for business purposes. Motion carried unanimously. 5. Request by Masjid Al-Noor Islamic Center for a variance to the parking requirements to allow for 65 parking spaces, 25 less than the 90 required, and variance to the hard surfacing requirements to allow for a gravel area to allow for semi-trucks to turn around in the "C-2" Commercial District located at 2110 Sager Avenue. Dornoff read the staff report recommending approval of the request with the following condition: that the gravel area be used only for semi-truck turnaround and not used for vehicular parking during regular services. Beckman stated he has no problem with the variance for the parking but is uncomfortable with the variance for the gravel truck turnaround and the applicant is not present to explain the situation. Schmitz asked if this could be tabled until January, to which Dornoff responded yes, it could be tabled but also noted that the applicants stated it was only used for occasional use and noted that there are three signs in the driveway saying semi-trucks, so it appears to be an issue. Beckman stated if they have the signs,why do they need the gravel area and Holidman questioned why there is semi trucks in the area in the first place. Schroeder stated you can break it out and approve the one but table the other or table both. It was moved by Holdiman, seconded by Beckman, to table the request by Masjid Al-Noor Islamic Center for a variance to the parking requirements to allow for 65 parking spaces, 25 less than the 90 required, and variance to the hard surfacing requirements to allow for a gravel area to allow for semi- trucks to turn around in the "C-2"Commercial District located at 2110 Sager Avenue. Motion carried unanimously. 6. Request by Ron Kisner for a variance to allow for a travel trailer to serve as living quarters while the home is under construction in the "R-2" One and Two Family Residence District located adjacent to 427 Rath Street. Dornoff read the staff report recommending denial of the request. Holidman asked if bringing in a porta potty is allowed, to which Schroeder responded that it would not be allowed on a permanent basis but that they are allowed on a temporary basis. Schroeder also noted that - 4 - Page 155 of 316 City of Waterloo Board of Adjustment November 26,2024 this item was denied last month,but after discussions with the applicant about some of the statements made at the last meeting, it was decided to bring the item back to the Board. Beckman noted it is not uncommon to have a porta potty on a construction site. Holdiman asked what happens if he does get the house built by the deadline of October 31, 2026 to which Schroeder responded that there is a provision that staff can extend the agreement by six months but it can be extended for longer but that would need to be approved by the City Council. Ron Kisner, 433 Rath Street, stated that Code Enforcement told him he needs to take care of sanitation, so he got the porta potty, which is costing him $100 a month, and he has spent about $1000 to get blueprints for the footings and slab and has started purchasing building materials. Kisner further stated that he plans to have the house completed by the end of the summer of 2025 and that this is one area of the city in which he can live and he is trying to turn his life around. Kisner stated that he got the yard all cleaned up, to which Beckman asked for clarification since he drove by earlier in the week and the place looked trashy as there was a lot of debris around, to which Kisner responded that he had cleaned it up. Schmitz stated that he had driven by in the last couple of days, and it appeared that it had been cleaned UP. Kisner stated that he has done everything that Code Enforcement has requested of his except that he cannot get a garbage can and explained what he was told concerning getting one. Kisner also stated that he just wants enough time for the campgrounds to open then he can move to a campground. Beckman asked that on the application the applicant indicated the address is 314 East 6th Street and asked how much longer is the applicant going to be at that address to which Kisner responded he is no longer at that address as of October 21St, 2024. Thornsberry stated that this is a very unique situation in her opinion. Is there anything that can be done that will not create a precedent? Schroeder responded that precedent is a concern, but if the Board is going to grant a variance by looking at a timeframe and the current time of year. The Board discussed different possibilities to allow him to have the trailer on the project for a limited time. Schroeder noted that the Board could use a different timeline on the trailer as the city's deadline is on building the house itself. Schmitz asked if Kisner knows when camping season opens up, to which Kisner responded that when he was a child, they would go camping in late March, and Schroeder responded that camping season is typically Memorial Day through Labor Day,but campgrounds typically will open up earlier depending on the weather. Schmitz stated that he feels that the applicant is trying but the Board needs to make sure that not everyone will do this. Thornsberry stated the city was lucky to find someone to take on this lot but wants to limit the trailer occupancy on this property but give the unique circumstances of this situation. - 5 - Page 156 of 316 City of Waterloo Board of Adjustment November 26,2024 It was moved by Beckman, seconded by Schmitz, to approve the request by Ron Kisner for a variance to allow for a travel trailer to serve as living quarters while the home is under construction in the "R- 2"One and Two Family Residence District located adjacent to 427 Rath Street as the request will not set a precident because of the uniqueness of the personal circumstances of the applicant with the condition that the trailer be removed by June 1, 2025. Motion carried unanimously. IV. Discussion It was moved by Beckman, seconded by Holdiman, to cancel the December 241, 2024 regular meeting. Motion carried unanimously. It was moved by Beckman, seconded by Holdiman, to nominate Jeri Thornsberry to serve as Chairperson for the period ending December 315; 2025. Motion carried unanimously. It was moved by Holdiman, seconded by Schmitz, to nominate John Beckman to serve as Vice- Chairperson for the period ending December 315, 2025. Motion carried unanimously. Boesen informed Board Members that the City Council voted in favor of placing a moratorium on new Urban Animal Hobby Farms for six months and that he is starting a committee to rewrite the current Ordinance. Jeri Thornsberry and John Beckman volunteered to serve on the committee. Dornoff went over a list of temporary variances that have been issued by the Board of Adjustment since 2004 showing ones that have not followed through and current actions being taken. The City of Waterloo Board of Adjustment will next meet on January 28, 2024. V. Adjournment It was moved by Powers, seconded by Schmitz, to adjourn the meeting at 5:22 p.m. Motion carried unanimously. Respectfully submitted, 90��- John Dornoff, Planner II - 6 - Page 157 of 316 DRAFT CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT MINUTES REGULAR MEETING-4:00 P.M. JANUARY 28, 2025 The regular meeting of the City of Waterloo Board of Adjustment was called to order by Vice- Chairperson Beckman at 4:00 p.m. via Zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Jeri Thornsberry (arrived at 4:17pm), Tom Powers, Craig Holdiman, John Beckman, and Christopher Schmitz. Members absent were: none. Others present were: Quentin Hart—City of Waterloo Mayor; Robert Duncan—City of Waterloo Police Chief; Aric Schroeder, Adarsh Tummala, Joseph Geilman, Lexi Schnieder& John Domoff—the Planning Department; Jamie Knutson—City Engineer; and 17 citizens. Others present electronically were: Dave Boesen—City Council Ward 2 and Noel Anderson—Community Planning and Development Director. I. Approval of the Agenda It was moved by Holdiman and seconded by Powers to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on October 22, 2024. It was moved by Powers, seconded by Schmitz to approve the minutes of the October 22, 2024 Board of Adjustment meeting with amendments to correct a minor spelling error. Motion carried unanimously. III. Decision Items 1. Request by Iowa Heartland Habitat for Humanity for a variance to the side yard setback requirement to allow for a setback of 4 feet, 1 foot less than the 5 feet required to construct an attached carport in the "R-3"Multiple Residence District located at 337 Almond Street. Tummala read the staff report recommending approval of the request. Andy Conger, Iowa Heartland Habitat for Humanity, was available to answer questions. Beckman told Conger this was one of the organizations most impressive projects, and thanked Habitat for their efforts. It was moved by Schmitz, seconded by Powers, to approve,per staff recommendation, the request by Iowa Heartland Habitat for Humanity for a variance to the side yard setback requirement to allow for a setback of 4 feet, I foot less than the 5 feet required to construct an attached carport in the "R-3" Multiple Residence District located at 337Almond Street. Motion carried unanimously (4-0). 2. Request by Cedar Valley Coins and Collectables for a variance to the rear yard setback requirement to allow for a 5' rear yard setback, 30' less than the 35' required to construct a 20' X 26' (520 square feet) attached accessory structure and a variance to the parking requirements to allow for 4 parking spaces, 6 less than the 10 required in the "C-2" Commercial District located at 1100 Ansborough Avenue. Page 158 of 316 City of Waterloo Board of Adjustment January 28,2025 Domoff read the staff report recommending approval of the request with the following conditions: 1) that the final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc, and 2) if the property is sold or a new business opens in this location the parking requirements will need to be reviewed for the new business, and parking requirements met or a new parking variance approved, and a deed restriction noting as such be signed by the owner and recorded. Beckman asked how is it going to work for the next business with the parking reduced, to which Domoff responded that is why the condition is there so that if a new business is located there, it will need to be reviewed for the parking requirements, and this may limit what uses the site could be used for. Darrin Speed, 1100 Asnborough Avenue, was available to answer questions. Beckman asked if the new accessory structure will be attached to the existing building to expand the footprint of the existing building and where will the applicant's vehicles be parked to which Speed responds yes it will be an addition to the building and he plans to park in the garage for safety reasons because they do not want to have to walk outside with a bunch of coins. Speed stated they had a couple of ideas about the parking, including a drive-in back out onto Ansborough Avenue and expanding the parking toward Janney Avenue, to which Knutson answered that it would have to be reviewed further because there are regulations about how close you can be to the corner and is not sure how that would increase the parking on the lot itself. Board members asked for clarification if the applicant was talking about expanding the driveway on Janney to which Speed responded yes and Schroeder responded that except for a single-family home the Zoning Ordinance forbids parking that would require backing into the street and also noted that the variance will severely limit what could go into the site in the future. Beckman stated he doesn't know how you would pull into that driveway and park facing north and south to which Schroeder responded that you would most likely park east and west. Beckman also noted that there are plans for a 20' X 26' garage and a 30' X 26' garage, and if the applicant went with the smaller footprint, would that allow more parking to which Schroeder explained the potential parking, and Domoff noted that when they visited the site it was not that difficult to back in and out,without having to back out onto the street. Powers asked where the manhole is to which Schroeder showed the Board and that it is the right-of-way. Beckman noted that there is no parking on the north side of Janney Avenue and little parking on the south side. Boesen stated that the customers do not space themselves at three per hour, and there will be times when there are more than four cars. Schmitz stated that there is a parking problem, and it creates a future use problem, but due to the nature of the business and the neighborhood, safety should be the primary concern and saw the need for this variance. Powers asked how far it is from the lot line to the building to the west to which Domoff responded it appears to be about 15-feet. - 2 - Page 159 of 316 City of Waterloo Board of Adjustment January 28,2025 It was moved by Schmitz, seconded by Holdiman, to approve the request Cedar Valley Coins and Collectables for a variance to the rear yard setback requirement to allow for a 5'rear year setback, 30' less than the 35'required to construct a 20'X26'(520 square feet) attached accessory structure and a variance to the parking requirements to allow for 4 parking spaces, 6 less than the 10 required in the "C-2"Commercial District located at 1100 Ansborough Avenue with the following conditions: 1) that the final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc, and 2) if the property is sold or a new business opens in this location theparking requirements will need to be reviewed for the new business, and parking requirements met or a new parking variance approved, and a deed restriction noting as such be signed by the owner and recorded. Motion carried 4-1 (Beckman voted nay). Thornsberry assumed the Chairmanship of the meeting. 3. Request by 5Bees, LLC for a variance to the vehicular use area setback to allow for a 2' setback, 3' less than the 5' required along the northwest property line, a variance to the vehicular use area setback to allow for a 1.3' setback, 3.7' less than the 5' required along the 18th Street right-of-way, a variance to the drive access width requirement to allow for an 18' wide access, 2' less than the 20' required, and a variance to the surfacing depth requirement to allow for 3"Hot Mix Asphalt, 1" less than the 4" required in the "M-1"Light Industrial District located southeast of 1907 Black Hawk Street. Schnieder read the staff report recommending approval of the request. John Brundrett, 1211 Gold Crest Court, went over the project background and was available to answer questions. Holdiman and Beckman questioned the 3" asphalt as opposed to the 4"required in the Zoning Ordinance, to which Burndrett answered that the 4" is required to take the weight of the vehicles. However, a fire truck or a semi-truck would not be able to come onto this property, so they feel the 3"will be adequate. Beckman asked if this was an extension of the storage units that are already there, to which Brundrett answered that they only own the corner lot and not the storage units next door. Beckman asked what the staff's thoughts were on 3" asphalt, to which Knutson answered that for this applicant, it is probably fine since there are no semis, fire trucks, or other heavy vehicles expected. It was moved by Holdiman, seconded by Powers,per staff recommendation to approve the request by 5Bees,LLC for a variance to the vehicular use area setback to allow for a 2'setback, 3'less than the 5'required along the northwest property line, a variance to the vehicular use area setback to allow for a 1.3'setback, 3.7'less than the 5'required along the 181h Street right-of-way, a variance to the drive access width requirement to allow for an 18'wide access, 2'less than the 20'required, and a variance to the surfacing depth requirement to allow for 3"Hot Mix Asphalt, I"less than the 4"required in the "M--1"Light Industrial District located southeast of 1907 Black Hawk Street. Motion carried unanimously. 4. Request by Masjid Al-Noor Islamic Center for a variance to the parking requirements to allow for 65 parking spaces, 25 less than the 90 required, and variance to the hard surfacing requirements to allow for a gravel area to allow for semi-trucks to turn around in the "C-2" Commercial District located at 2110 Sager Avenue. - 3 - Page 160 of 316 City of Waterloo Board of Adjustment January 28,2025 Dornoff read the staff report recommending denial of the request. Hasudin Siljkovic, Masjid Alnoor Islamic Center, was available to answer questions. Thornsberry asked for an explanation about the gravel, to which Siljkovic stated that once a week on Friday, they have their weekly sermon and need that additional space. Thornsberry followed up by asking if the trucks were coming onto their property, to which Siljkovic stated that they were there for the sermon and, because it was a Friday, they were coming from work. Beckman asked if the trucks were coming into their parking lot even though there were signs that said no trucks, to which Sijkovic answered that they were, that the signs were to limit where they park, and that they were instructing the trucks to park before the signs. Powers asked if they were directing the truck drivers to park on Sager Avenue, to which Siljkovic stated no, but that is what has been happening since their signs went up. Board members were shown where staff requested that hard surfacing be installed and the gravel section recommended to be removed. Schmitz stated that a variance was issued in 2011, to which Dornoff responded that they received a variance for the number of parking spaces,but there was never a variance for the gravel areas. Schroeder clarified the staff's recommendations, and Thornsberry explained it further to the applicant. Thomsberry asked for clarification that there need to be two variances, one to the number of parking spaces and a second to give the church time to hard surface,which Dornoff confirmed. Holdiman asked if they needed to pave the gravel to get to the 82 parking spaces, to which Dornoff responded yes. Boesen stated that it is rare that staff recommend a denial of an application, and they have had 15 years to comply with the Ordinance. The Board discussed how long the variance should be for. Schmitz suggested to the applicant that they get a committee of members together to get this taken care of. After the first motion failed, the Board discussed options, with the nays stating that one year was too long. Knutson noted that paving should not occur beyond October 31", to which Holidman asked when they could start. Knutson answered, depending on the weather, the middle of April. However,you also want to give them time to get quotes, get a contractor on board, and plan everything out. Thornsberry asked if you should pour concrete in the middle of winter to which Knutson stated no. The Board continued to discuss how long a temporary variance should be for. - 4 - Page 161 of 316 City of Waterloo Board of Adjustment January 28,2025 Powers asked if that would work for the applicant, to which Sijkovic responded that they would make an attempt. Raja Akbar, Masjid Al-Noor Islamic Center, stated that their parking was fine until the last five or six months with more people coming which is a good problem to have, the gravel was only done in the previous year, and when they added to the building they added more parking spots to which Dornoff responded that the original parking variance was for 55-spaces however, Dornoff counted a total of 65 parking spaces that is why the number changed from the original request back in 2010. It was moved by Schmitz, seconded by Powers, to approve the request by Masjid Al-Noor Islamic Center for a variance to the parking requirements to allow for 82 parking spaces, 8 less than the 90 required, and temporary variance for one year to the hard surfacing requirements to allow for gravel in the vehicular use areas in the "C-2"Commercial District located at 2110 Sager Avenue with a condition to remove east parking lot closest to Sager Avenue and either hard surface or remove the parking area to the south of the existing parking area. Motion failed 2-3 with Holdiman,Beckman and Powers voting nay. It was moved by Beckman, seconded by Schmitz, to approve the request by Masjid Al Noor Islamic Center for a variance to the parking requirements to allow for 82 parking spaces, 8 less than the 90 required, and temporary variance until October 1st, 2025 to the hard surfacing requirements to allow for a gravel area to in the "C-2"Commercial District located at 2110 Sager Avenue with a condition to remove east parking lot closest to Sager Avenue and either hard surface or remove the parking area to the south of the existingparking area on the east side of the driveway with the condition that no trucks can park on the property. Motion passed 4-1 (Powers voting nay). 5. Request by Levi Architecture on behalf of Ascension Lutheran Church for a special permit for a 5,252 sq ft daycare building that is accessory and incidental to the church with a future addition of 2,176 sq ft in a"R-2" One and Two Family Residence District located at 2211 Maynard Ave . Geilman read the staff report recommending approval of the request. Mike Thole, Levi Architecture, was available to answer questions. Powers asked how much fill will need to be brought in to which Thole responded that there will not be fill brought in but will be nestled in with the trees and the existing topography. Beckman asked if the daycare would be open to the public, to which Thole stated it is more of a preschool, and he believed that the parishioners would get the first opportunity to put kids in,but if there are spots available, they would be open to the public. Beckman asked what would happen if the building was sold and a new business opened up there, to which Dornoff responded that there would be many complications since the area is zoned residential and the preschool is only being allowed as it is incidental to the primary function of the property as a church. It was moved by Beckman, seconded by Powers, to approve,per staff recommendation, the request by Levi Architecture on behalf of Ascension Lutheran Church for a special permit for a 5,252 sq ft daycare building that is accessory and incidental to the church with a future addition of 2,176 sq ft in a "R-2"One and Two Family Residence District located at 2211 Maynard Ave. Motion carried unanimously. - 5 - Page 162 of 316 City of Waterloo Board of Adjustment January 28,2025 6. Request by King Automotive for a Special Permit for the expansion of an existing Salvage Yard in the "M-1"Light Industrial District located at 275 Rampart Lane. Tummala read the staff report recommending approval of the request with the following conditions: 1) that the proposed fencing meets the 8' high requirement; 2) that the stream crossing is approved by DNR and local floodplain development permit; and 3)that the final site plan will meet all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, drainage, etc. Jerry King, King Automotive, was available to answer questions. Thornsberry asked if they are required to follow the Iowa I-Care protocols, to which Dornoff responded by approval of the Special Permit that they must follow the I-Care standards, and King indicated he is a member of the Iowa Recyclers Association. Holidman asked if you could put salvage cars in the floodway, to which King stated no, you cannot, and he has had an engineer come out and work the entire project out, and the yard will not be in the floodway, and the protions in the floodway are elevated. Powers asked if the Iowa Department of Natural Resources (DNR) had given their approval yet, to which King responded that Schroeder is helping them get everything approved by the DNR. Knutson stated that cars can be put on the land so long as it is above the 100-year flood plain, and those go through Schroeder. Beckman asked if this item should be tabled since there are still concerns, to which Knutson stated that the Engineering Department they are meeting all of their requirements, and they can have cars in the floodplain,but nothing can be in the floodway. Beckman asked about the unauthorized stream crossing and is it necessary to get to the rest of the property, to which Knutson responded that at some point they had constructed a stream crossing without DNR permits and one of the conditions is that it is approved by the DNR or it be removed but they will still have access on Rampart Lane. King noted that having the second stream crossing is a safety issue but is not a requirement. Powers asked how long it could take to get approval from the DNR, to which Knutson responded it could be 4 to 6 months, depending on how backed up the DNR is. Thornsberry asked for clarification that the 2nd access does not affect what the applicant is planning to do with the main lot to which Knutson correct, they still have access off of Rampart Lane but the 2nd access makes accessing the expansion area easier. Dornoff stated that the bridge is a separate issue, from the expansion of the salvage yard and the applicant has had issues with illegal dumping in the area so the Special Permit will allow him to fence it in. Holdiman noted that there has been issues with salvage yards stacking cars above the fence line to which King responded that they do not stack cars. Beckman asked if the applicant was using concrete barriers for fencing to which King responded yes since they will last a life time. - 6 - Page 163 of 316 City of Waterloo Board of Adjustment January 28,2025 It was moved by Holdiman, seconded by Schmitz, to approve,per staff recommendation, the request by King Automotive for a Special Permit for the expansion of an existing Salvage Yard in the "M-1" Light Industrial District located at 275 Rampart Lane with the following conditions: 1) that the proposed fencing meets the 8'high requirement,2) that the stream crossing is approved by DNR and local floodplain development permit; and 3) that the final site plan will meet all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, drainage, etc. Motion carried unanimously. 7. Request by the City of Waterloo for a Special Permit for the new police station and city hall in the "C- 3" Central Business District located at 100 East 4th Street. Dornoff read the staff report recommending approval of the request. Beckman read a statement in opposition to the request. Holdiman stated that he had concerns about parking after driving through the parking lot and was concerned about the parking spaces for visitors, to which Dornoff responded that there are going to be more visitor spaces in front of the new building than the current building has. Holdiman also stated he has concerns about space to which Dornoff responded that the benefit of the new building is it will not have the wasted space that the current City Hall has. Dornoff also noted that this project has been ongoing, including the architects and staff designing the building to meet the needs of the Police Department. Anderson went over additional information about the request, including the fact that staff has been working on the architecture to get the space designed for several months. Beckman asked if 5th Street was going to revert to a two-way street, to which Anderson responded that the city did not get the grant to pay for the conversion,but since AECOM has been working on both the two-way conversion and the changes to 5th Street for the Police Department, both options have been taken into consideration when designing the site. Schmitz stated that parking is going to be more difficult for those accessing services because they will have to pay for parking, to which Anderson stated that there are 16 to 18 spaces accessed from 4th Street that are in front of the building where visitors can park for free and that is more spaces than are currently available for visitors in the back of the current City Hall. Schmitz stated he doesn't believe that Police will not be parking in those spaces and that will force people to park where they have to pay and walk a greater distance, so the argument that there is parking in front doesn't hold water to which Anderson responded that the area for the Police Department is being designed for access to and from 5th Street. Beckman stated that if there is another agenda meeting like tonight, all the spaces in front will be gone, and there will be limited parking on 4th Street. Holdiman stated that if there is no parking in the back of City Hall, they have all the parking spaces along Mulberry Street and 5th and 6th Streets. - 7 - Page 164 of 316 City of Waterloo Board of Adjustment January 28,2025 Powers asked if city staff had talked to businesses downtown, to which Anderson stated that parking downtown is always a question mark,but there is the Regions parking lot across the street that is currently empty, and even when occupied, it will not likely have evening hour demand, making parking there available for evening meetings. Anderson also pointed out that there is parking in front of the Black's Building, and there is a parking garage in the back with 556 spaces with 61 leased spaces, to which Holdiman responds that the parking ramp is three blocks away. Beckman stated that the ramp behind the Black's Building is newer than the one by the Courier Building. Beckman read another statement against the proposal and stated that the Police Department should get the existing building. Powers stated that the Courier Building is a nice building but agreed with Beckman that the Police Department should stay in the existing building. Holdiman pointed out that the proposal is for a building swap, and the cost will be more, to which Beckman responded that there is a parking issue and no future growth. Anderson read a statement from Police Chief Robert Duncan and Waterloo Police Protective Associatioin Sergeant Jeremy Pohl supporting the new building. Beckman stated that the developer would be getting $6.2 million as part of the trade, to which Anderson pointed out that the money must be used to rehabilitate the current City Hall and Carnegie Library for new uses, and Schmitz responded that money would be used to rehabilitate the Courier Building and the existing buildings. Holidman asked if there was a minimum assessed value in the development agreement, to which Anderson responded yes. Powers asked if the costs were being paid out of the TIF, to which Anderson responded that the project funds were bonded and would be paid out of the TIF. Powers noted that the TIF is a problem with the Iowa Legislature, and Anderson responded that they would need to be cognizant of existing obligations. Holdiman asked what would happen if this is denied, to which Anderson responded that the city would have to look at the options,but it probably would mean there would be no move, and City Hall and the Police Department would stay where they are. It was moved by Beckman, seconded by Powers, to deny the request by the City of Waterloo for a Special Permit for the new police station and city hall in the "C-3"Central Business District located at 100 East 41h Street. Motion carried 4—1 (Thornsberry voted nay). 8. Request by Amerco Real Estate Company (U-Haul) for a Special Permit for an expansion to an approved storage facility in the "C-2" Commercial District located at 3810 University Avenue. Dornoff read the staff report recommending approval of the request with the following conditions: 1) that the final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc.; 2) That sidewalk is installed along Progress Avenue with necessary easements; 3) that the applicants work to submit additional layout for the creation - 8 - Page 165 of 316 City of Waterloo Board of Adjustment January 28,2025 of an outlot to the City of Waterloo, to work to buffer the mini-storage construction, and create the main viewable front portion of the lot as the northeast corner of Progress Avenue and University Avenue; 4) that the newly constructed mini-storage units have the design for the southern sides to be of the brick fagade as submitted, the landscaping plan is in place, also as submitted, to help buffer and soften the new construction; and 5)this approval would allow for redevelopment of the big box, construction of the RV covered stalls, construction of the mini-storage units, all as submitted, with future requirement that an acceptable outlot size and layout be approved by City in partnership with U-Haul, including the conveyance of the former vacated frontage road, to create a larger setback and larger site for redevelopment overall. Dornoff also noted that U-Haul will not be closing its existing facility on the south side of University Avenue. Beckman noted that it appears that the applicant will only be using a portion of the existing building, so what will happen to the rest of it to which Dornoff responded that he will allow the applicant to answer. Thomsberry asked about the drainage plan to which Knutson answered that they are not required to submit a drainage plan since the area is already hard surfaced so there will be no changes to the run-off at the site. Beckman asked if there were any objections and what happens to the access road, to which Dornoff responded that there were no objections, and Knutson stated that the frontage road was vacated as there was no need for it anymore after the University Avenue reconstruction and the property will be transferred to the new owner. Beckman questioned the outlot to which Dornoff explained that that is the building on the corner of Progress Avenue and University Avenue that used to be Flowerama and that can be sold and another business locate there. Powers asked what the TIF situation with the project that is fully in support of the project to which Dornoff responded he is not able to answer the TIF question. Mike Shorter, U-Haul Marketing Director, stated that they will only be using about 49,000 square feet of the building to start off with. Beckman asked what the plans are for the rest of the space, to which Shorter responded that it could be for moving the facilities from across the street at some point, but at this point, there are no plans. Powers asked for confirmation that the new facility would hire 16 new employees, which Shorter confirmed was the plan. Thornsberry asked if the RV storage would be covered, to which Shorter said yes. Dornoff noted that where U-Haul is planning their covered storage the original developer was planning outside storage so it will look better. It was moved by Beckman, seconded by Holdiman, to approve,per staff recommendation, the request by Amerco Real Estate Company(U-Haul)for a Special Permit for an expansion to an approved storage facility in the "C-2"Commercial District located at 3810 University Avenue. Motion carried unanimously with the following conditions: 1) that the final siteplan must meet all applicable city - 9 - Page 166 of 316 City of Waterloo Board of Adjustment January 28,2025 codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc.;2) That sidewalk is installed along Progress Avenue with necessary easements; 3) that the applicants work to submit additional layout for the creation of an outlot to the City of Waterloo, to work to buffer the mini-storage construction, and create the main viewable front portion of the lot as the northeast corner of Progress Avenue and University Avenue; 4) that the newly constructed mini- storage units have the design for the southern sides to be of the brick facade as submitted, the landscaping plan is in place, also as submitted, to help buffer and soften the new construction; and 5) this approval would allow for redevelopment of the big box, construction of the RV covered stalls, construction of the mini-storage units, all as submitted, with future requirement that an acceptable outlot size and layout be approved by City in partnership with U-Haul, including the conveyance of the former vacated frontage road, to create a larger setback and larger site for redevelopment overall. Motion carried unanimously. 9. Request by Rajsic Properties for a temporary two-year variance to the hard surfacing requirement to allow for a gravel surface in the "M-1" Light Industrial District located at 1930 Osage Avenue. Geilman read the staff report recommending approval of the request. Schmitz asked if the previous variance expired in December, to which Dornoff responded that it was in 2010. Holdiman asked if the original variance was enforced to which Dornoff stated no. It was moved by Holdiman, seconded by Beckman, to approve,per staff recommendation, the request by Rajsic Properties for a temporary two-year variance to the hard surfacing requirement to allow for a gravel surface in the "M-1"Light Industrial District located at 1930 Osage Avenue. 3—2 (Beckman and Powers voting Nay). 10. Request by Cedar Valley Storage for a variance to the hard surfacing requirements to allow for asphalt millings in the "M-1" Light Industrial District located at 3556 Mamie Avenue. Tummala read the staff report recommending approval of the request. Powers asked if there were any concerns with the asphalt millings with the run-off going down to the next lot, to which Knutson generally answered no, and this subdivision has a settling basin near US Highway 63 that lets it sit before being released. Jody Drake, co-owner of the storage facility, stated that their intention was always to build in that area but have run out of funds and have contracted with Camping World to park RVs and campers in the complex and that is why they wanted to ask for a permanent variance so they would not have to come back so many times since the goal is to pour concrete as more buildings are added. Beckman stated he is not comfortable with the permanent nature of the request. Drake stated there are others in the area, such as Freedom Truck Wash, that have asphalt millings, and he believes that is a permanent variance, to which Dornoff responded that Freedom Truck received a 3-year temporary variance, and Drake responded that he would love to have it completed in three years but he is not sure. Beckman once again stated he is comfortable if there is a time restraint. - 10 - Page 167 of 316 City of Waterloo Board of Adjustment January 28,2025 Thomsberry stated that it appears the asphalt millings is holding up for their use. It was moved by Schmitz, seconded by Holdiman, to approve the request by Cedar Valley Storage for a 3-year temporary variance to the hard surfacing requirements to allow for asphalt millings in the "M- I"Light Industrial District located at 3556 Marnie Avenue. Motion carried unanimously. 11. Request by Heartland Vineyard Christian Fellowship of Cedar Falls and Waterloo for a 1-year temporary variance to the hard surfacing requirements in the `B-P"Business Park District located at 3211 Titan Trail. Domoff read the staff report recommending approval of the request with the following conditions: 1) that sidewalk be completed along Titan Trail as required by the deed of dedication for this subdivision and 2) that if the use ceases or the property sold, that the parking area be removed or hard surfaced to meet City of Waterloo hard surfacing standards. Eric Johnson, Beecher Law Firm representing the applicant, stated that he helped the church with the 2017 variance request and believes that after that, it fell off their radar until they received the city's letter and noted that a one-year variance was asked for, but if the applicant can get a longer one that would be better and as Powers mentioned in a previous request, it would give the church time to raise funds and going to the end of the 2026 construction season would be better. Michael Reed, 141 Terrace Drive and Pastor for the church was available to answer questions. Thomsberry asked what the church process is to deal with legal requirements in the administration of the church, to which Reed responded that they want to be in step with the law and the parking lot is on their radar but have had issues such as COVID that has caused issues but it is a question of finances. It was moved by Powers, seconded by Beckman, to approve,per staff recommendation, the request by Heartland Vineyard Christian Fellowship of Cedar Falls and Waterloo for a temporary variance to the hard surfacing requirements in the `B-P"Business Park District until October 31, 2026, located at 3211 Titan Trail with the following conditions: 1) that sidewalk be completed along Titan Trail as required by the deed of dedication for this subdivision and 2) that if the use ceases or the property sold, that the parking area be removed or hard surfaced to meet City of Waterloo hard surfacing standards. Motion carried 4-1 (Beckman voted nay). 12. Request by Celebration First Assembly of God for a variance to the hard surfacing requirements to allow for a gravel vehicular use area in the "R-2" One and Two Family Residence District located at 745 April Street. Geilman read the staff report recommending approval of the request with the following condition: that delineators be placed at the dead end of May Street, and access shall no longer be gained from the dead end of May Street. Holdiman asked if this was in a floodplain, to which Domoff responded that there was a floodplain to the southern portion of their property. Schmitz asked if the delineators were the concrete barriers, to which Knutson answered that they would be the 12"X 12" diamond signs with reflectors and should have been there some time ago. - 11 - Page 168 of 316 City of Waterloo Board of Adjustment January 28,2025 Thornsberry asked about the letter talking about a court case, to which Dornoff responded that was when the church building was originally being built and explained the situation but only during construction. David Osborn, 1335 Prospect Blvd, stated that the building is just a garage that they put their lawnmower in, and no vehicles are parked there and that the concern was the church accessing May Street during the different construction phases, but it is not accessed anymore and is asking for a variance for continued access to access the cement pad. Jason Stickles, Pastor of Celebration Church, stated that the only concern about closing off access is for the neighbors since they park recreational vehicles on that property and use May Street as access. Dornoff stated that if they are accessing that point for RV's or trailers then it needs to be hard surfaced. Schmitz asked if those trailers belonged to the church to which Stickles states that one of them is a trailer they use to go to Lincoln Park to feed the homeless but if it needs to be moved the church could move it into their paved lot but the other one is the neighbors. Dan Bigler, member of the church, stated that this was all taken care of years ago after it went to court to which Dornoff responded that several years after the court case the church applied for a Special Permit to add a second accessory structure and at that time the church was told they should have previously hard surfaced to existing garage but the church got a temporary variance to that hard surfacing requirements. Bigler asked if he could get a copy of the Special Permit request, to which Dornoff said he would be glad to send it. Stickles stated that the cost to hard surface outweighs the benefit so they will stop using the pad to park trailers and move the church's trailer to the enclosed parking lot. Bigler stated that if the delineators are put up if a fire truck needs to access the southern portion of the building, it is not going to happen, to which Knutson answered that the Fire Code requires any access point to be able to handle an 80,OOO1b fire truck and they would not use the May Street entrance. Item was withdrawn by the applicant. The Board took a 5-minute recess. 7. Request by the City of Waterloo for a Special Permit for the new police station and city hall in the "C- 3" Central Business District located at 100 East 4th Street. It was moved by Holdiman and seconded by Beckman to reconsider item 7. Motion carried unanimously. Mayor Quentin Hart explained about the audit done in 2017 looking at the condition of City-owned buildings and explained how and why the decision was made to move the City of Waterloo City Hall and Police Station and concerns about the existing buildings and the benefits of moving to the new building. The new building will solve the safety issues that the current building has. This project has been thought long and hard about, and it is time for a change and the Chief is working with the architects, and the site will work well. - 12 - Page 169 of 316 City of Waterloo Board of Adjustment January 28,2025 Beckman stated that he was concerned that staff did not inform the mayor about this meeting and he agrees that both City Hall and the Police Department need new buildings but the building on 4t'is not the right one for both entities as they should be separated. Robert Duncan, City of Waterloo Chief of Police, stated that after working with the architects and meeting with them 3 times, the spatial analysis shows that all the departments can fit and this project is going to work and is going to work well. Duncan further stated that this would allow the personal vehicles of the police officers to be more secure, and the senior officers thought this would be the best thing that could happen to the Police Department. Beckman stated that there may be enough space, but is there future space, and is there going to be enough parking, he is not comfortable with the ramp, the availability of parking, and the reconfiguration of 5th Street. Duncan explained how the parking will work at the new building and discussions going on about other options for additional places for parking. Holdiman stated that when talking about parking, Beckman is also talking about parking for the public because that little parking area is not enough and there is not a lot of parking along East 4th Street. Schmitz stated that there would be even less parking if the plan was to put 15 squad cars on the street. Hart stated that there are 236 parking stalls in the ramp, leaving 157 available for parking, 15 spots on 5th street, 20 stalls on Water Street, and possibly more spaces with an adjacent property,but the goal is not to kick anyone out of the ramp. Schmitz interjected that parking cars on 5th Street are not going to solve the issue with the police officers' personal cars, to which Duncan responded that their cars will be where they can be made off-limits which is what other cities are doing. Schmitz again interjected and stated that parking the police vehicles will not help the public who, on a rainy day, may have to walk from in front of the Black's Building all the way to the new City Hall. Holdiman stated that at the current City Hall,you have parking along Mulberry Street and 5th Street, and you are not competing with retail, to which Duncan responded how often do you have 15 people coming to City Hall at one time, except for meetings. Holdiman stated he has concerns about the amount of space in the property, to which Hart responded that there would be efficiencies in the new building and went over how individual departments would benefit and also pointed out when it comes to parking when most meetings are held at City Hall it is when the neighboring businesses in that area have already closed or are close to closing. Powers stated that there are leased parking spaces in the parking ramps that are revenue generating, and those will be eliminated, to which Hart responded no, they are staying. Thornsberry stated that she comes from the corporate world and has lived in 9 states, and all the planning for these kind of moves takes time and money and talking to lots of people before you come up with a proposal and she is in favor of this because people were listened to and changes were addressed and this will be good for the city. - 13 - Page 170 of 316 City of Waterloo Board of Adjustment January 28,2025 Hart explained how there would be changes in parking, and it will not be a problem. Schmitz stated that he wants to believe Hart, so he is going to choose to, but if it comes to an issue, he will be at all of the City Council meetings. Holdiman stated that if parking is a problem it is all on the mayor. It was moved by Holdiman, seconded by Beckman, to approve the request by the City of Waterloo for a Special Permit for the new police station and city hall in the "C-3"Central Business District located at 100 East 41h Street. Motion carried 4—I (Beckman voted nay). IV. Discussion The next meeting of the City of Waterloo Board of Adjustment will be held on February 25, 2025. V. Adjournment It was moved by Holdiman, seconded by Beckman, to adjourn the meeting at 8:18 p.m. Motion carried unanimously. Respectfully submitted, Od� John Dornoff, Planner II - 14 - Page 171 of 316 CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT MINUTES REGULAR MEETING-4:00 P.M., MARCH 25, 2025 The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson Thorsnberry at 4:00 p.m. via Zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Jeri Thornsberry, Tom Powers, Ras Smith, and John Beckman. Members absent were: Craig Holdiman. Others present were: Robert Duncan—City of Waterloo Police Chief; Noel Anderson—Community Planning and Development Director; Aric Schroeder,Adarsh Tummala, Joseph Geilman, Lexi Schnieder& John Dornoff—the Planning Department; Jamie Knutson—City Engineer; and 3 citizens. Others present electronically were: Dave Boesen—City Council Ward 2. I. Approval of the Agenda It was moved by Powers and seconded by Beckman to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on January 28, 2025. It was moved by Powers, seconded by Beckman to approve the minutes of the January 28, 2025 Board of Adjustment meeting. Motion carried unanimously. III. Decision Items 1. Request by Casey Dyball for a variance to allow for a 30' X 60' (1,800 SF) accessory structure in the required front yard in the "R-1" One and Two Family Residence District located at 4843 Shelley Court. Dornoff read the staff report recommending that the request be tabled in addition to noting the City received two emails from neighbors. Casey Dyball, 4843 Shelley Court, stated that the building will serve as an indoor soccer field for his children in the winter and will not have any commercial use. Dyball noted that he could put it behind the house, but he prefers to place it in what is considered the front yard, as he has a large amount of land. He further stated that he has spoken to a few neighbors, who are all in favor of the request, but did not speak to Mr. Klein. Beckman asked if he was the president of the HOA and since when to which Dyball answered yes he is the president and has been so since about 2020, and also stated that his lot is Tract B and is allowed to have an accessory structure over 145 square feet unlike the rest of the lots in the neighborhood. Thornsberry asked how big is the existing attached garage to which Dyball answered about 30' X 50' (1,500 square feet). Page 172 of 316 City of Waterloo Board of Adjustment March 25,2025 Thornsberry noted that the Deed of Dedication states that accessory structures need to be placed in the back yard and Beckman noted that if he would place it there this would not be coming to the Board. Thornsberry asked if Dyball was willing to do that, to which Dyball replied yes, if that is what had to happen, but noted that his neighbor was okay with it as long as it was dressed up. Ronald Knudsvig, 4847 Shelley Court,just to the west and in front of the applicant's property, stated his biggest concern is that he would see a big warehouse, especially with a 14-foot door and trucks coming in and out. Knudsvig did not want to see his house, then a warehouse, and then Dryball's house and instead wanted curb appeal, which Dryball understands and said if it was tabled that is fine, if the Board tabled it for 6 years it would be fine. Beckman asked if the accessory structure was in the backyard, would Knudsvig have an issue, and if he was coming down the driveway, would he be looking at the front of the house, to which Knudsvig answered that because of the way the lot sits, it is kind of in the backyard. Schroeder responded that because this house has access from Shelley Court, the north side of the property is the require front yard from the northernly point of the home although the house faces the east. Beckman asked where the backyard would be, then, to which Schroeder responded that the southernmost point of the lot would be considered the rear yard as defined by the Zoning Ordinance. Thornsberry requested clarification on whether the attached accessory structure is part of the home along the driveway to the north. Schroeder confirmed this and reiterated that staff would like this item tabled, explaining the reasons behind this decision from the Deed of Dedication and that it notes in their that the developer can assign who can approve new structure design with staff were told it has been assigned to the HOA but staff would also like to see verification of that transfer of responsibility and if the HOA has decided on the status of Tract B. Schroeder also noted that the applicant has not requested a height variance and their plans do not specify the height of the building, except for the reference to the 14-foot overhead door; however, it is likely that a variance will be required to exceed the 18-foot height limit. Renee Lupkes, 4862 West 4th Street, stated that she does have a copy of the Deed of Dedication but she is not sure if they have changed over the years, and noted that from the sounds of what was being put in, it was a commercial building on a residential lot and pointed out the commercial activities are not allowed according to the Deed of Dedication. Lupkes also noted that she has talked to a half a dozen neighbors and they knew nothing about it and feel that everyone in the HOA needs to know about this and give their stamp of approval or not approval. Thornsberry asked what the date of the Deed of Dedication was that Lupkes was reading from to which Lupkes responded March 1, 2016 and Thomsberry noted that the document they have was executed on January 13, 2015. Smith stated it is difficult to make a decision when there appear to be three different versions of the Deed of Dedication and prefers to have one consistent version. It was moved by Beckman, seconded by Smith, to table,per staff recommendation, the request by Casey Dyball for a variance to allow for a 30'X 60'(1,800 SF) accessory structure in the required front yard in the "R-1"One and Two Family Residence District located at 4843 Shelley Court. Motion carried unanimously. - 2 - Page 173 of 316 City of Waterloo Board of Adjustment March 25,2025 2. Request by Crossroads Community Church of the Nazarene for a permanent variance to an expired temporary variance to the hard surfacing requirements to allow for recycled asphalt in the "R-2" One and Two Family Residence District located at 3622 Hammond Avenue. Geilman read the staff report recommending the denial of the permanent variance to the hard surfacing requirements but recommended a 1-year temporary variance. Smith asked if the church has indicated progress in rectifying this situation and if it makes sense to give them one more year, considering they have not done so in more than 10 years to which Dornoff responds that he sent them a letter noting that they were out of compliance, they did put in the application but beyond that staff has not had any communication with the church. Thornsberry stated they have had the recycled asphalt for 10 years and questioned what in the Ordinance states it needs to be hard surfaced and what is wrong with the recycled asphalt to which Knutson explained that recycled asphalt is asphalt that has been pulled up and reused but while it can hold better than gravel the surface still needs to be treated, and is basically a gravel surface. Beckman asked what would happen if this action was denied, to which Schroeder responded that the staff would issue them a notice to pave it or remove the recycled asphalt and restore it to grass but will need to ensure they make the parking requirements and try to give them 60 to 90 days to take action. Smith asked about the cost to return the area to grass versus the cost to pave, to which Schroeder stated that returning to grass would be cheaper, and Knutson answered it would still be several several thousand dollars but 20% less than the paving. Beckman asked why the applicant was not present since they knew it was going to be on the agenda and needed to be there. Boesen asked if that portion of the parking lot figured into their storm water detention to which Knutson answered that he reviewed it and it meets the requirements. It was moved by Beckman, seconded by Powers, to deny the request by Crossroads Community Church of the Nazarene for a permanent variance to an expired temporary variance to the hard surfacing requirements to allow for recycled asphalt in the "R-2"One and Two Family Residence District located at 3622 Hammond Avenue. Motion carried unanimously. 3. Request by Oro Empire, LLC for a permanent variance to the hard surfacing requirements to allow for a gravel vehicular use area in the "C-2" Commercial District located adjacent to 400 Broadway Street. Tummula read the staff report recommending denial of the request. Beckman noted that once again, no one was present in the chambers, and no one was online and asked if anything had been communicated with them, to which Tummala noted that he did email them and send them a copy of the staff report and has gotten no response from them. Knutson stated that this came up about a year ago, noting that they are most likely over the requirements for storm water and have not seen a plan for storm water or hard surfacing and if the Board approves the variance that there needs to be a condition that they need to present a site plan. - 3 - Page 174 of 316 City of Waterloo Board of Adjustment March 25,2025 Dornoff noted that this property has been an ongoing issue with Code Enforcement, and Schroeder noted that in their letter, they state they are waiting to develop a plan for development, and it is possible this use is not allowed if it is primarily auto maintenance, but it does have a license to sell cars. It was moved by Powers, seconded by Beckman,per staff recommendation, to deny the request by Oro Empire,LLC for a permanent variance to the hard surfacing requirements to allow for a gravel vehicular use area in the "C-2"Commercial District located adjacent to 400 Broadway Street. Motion carried unanimously. IV. Discussion The next meeting of the City of Waterloo Board of Adjustment will be held on April 22, 2025. V. Adjournment It was moved by Beckman, seconded by Powers, to adjourn the meeting at 4:50 p.m. Motion carried unanimously. Respectfully submitted, Od�- John Dornoff, Planner II - 4 - Page 175 of 316 CITY 4F ERLOO ..go _T__ IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department May 19, 2025 AGENDA ITEM TITLE Liquor Licenses a. EI Mercadito, Inc., 520 La Porte Road, Class C w/Sunday Sales (New) Exp: 06/20/2025. b. Hickory House, 315 Park Road, Class C w/Sunday Sales (New) Exp: 05/23/2025. c. The Isle Casino Hotel Waterloo, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 04/30/2026. d. LJ's Neighborhood Bar & Grill, 3550 Kimball Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 04/30/2026. e. Lolo Food Market, 1916 E. Mitchell Avenue, Class B w/Sunday Sales (New) Exp: 06/30/2025. f. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 08/29/2025. g. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 08/08/2025. h. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 07/18/2025. i. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 06/13/2025. j. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 05/13/2025. k. Main Street Waterloo, E. 4th Street/Mulberry, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 08/30/2025. I. Poppy's Sports Pub, 2026 Bopp Street, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 02/09/2026. m. Smitty;s Bar, 709 Jefferson Street, Class C w/Sunday Sales (New) Exp: 05/26/2025. n. Walgreens #10855, 1850 Logan Avenue, Class E w/Sunday Sales (New) Exp: 06/16/2025. o. Walgreens #07455, 111 W. Ridgeway Avenue, Class E w/Sunday Sales (New) Exp: 06/16/2025. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Page 176 of 316 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 177 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Kelley Felchle, City Clerk May 19, 2025 City Clerk Department AGENDA ITEM TITLE Cigarette/Tobacco/Nicotine/Vapor/Device Permits a. Casey's #2427, 3035 Logan Avenue. (Retail Tobacco) b. Casey's #2866, 51 E. Park Tower Drive. (Retail Tobacco) c. Casey's #2867, 2424 Ranchero Road. (Retail Tobacco) d. Casey's #2879, 3260 University Avenue. (Retail Tobacco) e. Casey's #2880, 1604 La Porte Road. (Retail Tobacco) f. Casey's #3880, 1900 W. Ridgeway Avenue. (Retail Tobacco) g. Cedar Corner, The, 4335 Texas Street. (Retail Tobacco) h. Dollar General Store #20584,1650 Idaho Street. (Retail Tobacco) i. Dollar General Store #21528, 428 E. First Street. (Retail Tobacco) j. Dollar General Store #10073, 3815 University Avenue. (Retail Tobacco) k. Dollar General Store #4698, 2935 Logan Avenue. (Retail Tobacco) I. Dollar General Store #7136, 66 E. Tower Park Drive. (Retail Tobacco) m. Dollar General Store #7162, 820 W. 5th Street. (Retail Tobacco) n. Hy-Vee Fast & Fresh 1, 3700 University Avenue. (Retail Tobacco) o. Hy-Vee Wine & Spirits 1, 2126 Kimball Avenue. (Retail Tobacco) p. Hy-Vee Food Store 1, 2834 Ansborough Avenue. (Retail Tobacco) q. Hy-Vee Fast & Fresh 3, 1512 Flammang Drive. (Retail Tobacco) r. Hy-Vee Food Store 3, 1422 Flammang Drive. (Retail Tobacco) s. Kwik Stop 4, 515 Broadway Street. (Retail Tobacco) t. Logan Avenue Convenience Store, 735 Logan Avenue. (Retail Tobacco) u. Logan Avenue Convenience Store, 735 Logan Avenue. (Device Permit) v. Neighborhood Mart, 2100 Lafayette Street. (Retail Tobacco) w. New Star Liquor, 1625 W. 4th Street. (Retail Tobacco) x. Prime Mart 3, 1008 La Porte Road. (Retail Tobacco) y. Prime Mart 7, 1309 Lafayette Street. (Retail Tobacco) z. Spot #3, The, 117 E. San Marnan Drive. (Retail Tobacco) aa. Uni Mart, 1615 Bishop Avenue. (Retail Tobacco) RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Page 178 of 316 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 179 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department May 19, 2025 AGENDA ITEM TITLE Motion to approve Application for Fireworks Display: My Waterloo Days, June 6, 2025, Top floor Park Avenue Parking Ramp, beginning at 9:45. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 180 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department May 19, 2025 AGENDA ITEM TITLE Motion to approve Application for Fireworks Display: Waterloo Bucks Ball Club, June 6 and 21, July 4, 5, 12 and 19, August 2, and 7, 2025, Riverfront Stadium, beginning at 10:00 p.m. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 181 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department May 19, 2025 AGENDA ITEM TITLE Motion to approve Application for Fireworks Display: Mayor's Fireworks, July 5, 2025, Park Avenue Bridge, beginning at 9:45 p.m. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 182 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department May 19, 2025 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-5.19.2025 Page 183 of 316 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL May 19, 2025 IA5530436 CHRISTOBAL RAFAEL WATERLOO, IA SYA4191 HASIB REKIC WATERLOO, IA 55223776 K &W ELECTRIC, INC. CEDAR FALLS, IA 2646999 KITE CONSTRUCTION LTD JESUP, IA 101299138 MTC SERVICES, LLC MEDFORD, MN 0217209 MCLEODUSA TELECOMMUNICATIONS SERVICES, LLC LITTLE ROCK, AR DBA PAETEC BUSINESS SERVICES 1924429 REX CONCRETE, INC. CEDAR RAPIDS, IA 100011200 REYES CONSTRUCTION LLC WATERLOO, IA IA 566969 RODNEY FRICKSON EVANSDALE, IA SY08901 WEBB CONCRETE, INC. INDEPENDENCE, IA Page 184 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bridgett Wood, Finance Director May 19, 2025 Finance Department AGENDA ITEM TITLE FYE 2025 Budget Amendment. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and proprietary funds (sewer and sanitation). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Budget Amendment FYE25-2 Memo to Mayor Council Page 185 of 316 2. Public Hearing Notice Amendment 2 Page 186 of 316 OF WA ?-4A, :.,0 CITY OF WATERLOO -- ---------------- �6 0 Finance Office �s 7tl17%� Mayor MayorN TO: Mayor Hart QUENTIHART City Council Members COUNCIL DATE: April 23, 2024 MEMBERS FROM: Bridgett Wood, Finance Director JOHN RE: Proposed Amendments to Budget for the fiscal year ending June 30, 2024 CHILES Ward 1 Enclosed is a proposed amendment to the budget for the fiscal year ending June 30, 2024, as published on April 18, 2024. The purpose of filing budget amendments is to comply with DAVE state law regarding expending city funds. The Code of Iowa requires that any of the nine B O ES E N budget program areas that are anticipated to exceed the amount originally appropriated be Ward 2 amended no later than May 31 of each fiscal year. The nine program areas prescribed by Iowa Code include Public Safety, Public Works, Health and Social Services, Culture and NIA Recreation, Community and Economic Development, General Government, Debt Service, WILDER Capital Projects, and Business Type/Enterprise activities. Ward 3 These amendments include numerous departmental amendments requested throughout the year and approved by the Finance Committee when required by the budget line-item B ELI N DA amendment policy. They all consist of changes made subsequent to certifying the budget in CREIGHTON April 2023. -SMITH, Ward 4 Highlights from amendments made for general fund activities include the following: RAY 1. In the Public Safety program category, expenses and related revenue for various FEUSS law enforcement grants and non-property-tax funded projects were increased. Ward 5 The General Fund Balance was used to increase fire salaries due to the new transport program and to budget for the purchase of ambulance medical ROB equipment. N I C H O LS 2. The Public Works category reflects the use of fund balance and increasing the At-Large sale of equipment for additional and related expenses and to budget for CARES maintenance funds received for the airport. STEVE 3. The Health and Social Services category the use of restricted fund balance was S I M O N increased for additional advertising and travel. 4. The Culture & Recreation program category was increased to reflect several At-Large additional grants and donations received by the Library and Leisure Services departments. The use of restricted fund balance was increased for Sportsplex turf replacement. Leisure revenue and expense were amended to reflect increasing expense and higher-than-expected revenue. Page 187 of 316 5. The Community and Economic Development category was increased for higher-than- expected Hotel Motel tax revenue and coinciding expenses. As well as the increase in rental, sale of property and reimbursement for service revenue in the Planning department. 6. Amendments to the General Government category include increased Insurance refunds to pay for coinciding expenses. Bank/Credit Union Franchise tax was increased in the Clerk/Finance department to pay for coinciding expenses. Highlights of amendments made in other funds are as follows: 7. In the Public Works category additional revenue and expense was budgeted for airport grant-funded projects. Local Option tax and fund balance was increased to purchase equipment and pay for additional expenses. Traffic damage claim revenue was increased to cover operating expenses more accurately. 8. Amendments to the Community&Economic Development program include budgeting for federal funds awarded to the Community Development department. The housing program also budgeted to receive and spend additional interest from their administrative fee interest. 8. In the Capital Projects program, additional expenses relating to grant revenue awarded during the year that was not originally budgeted, as well as reimbursable expenses for broadband construction. 9. In the Business Type/Enterprise fund activity, which accounts for the activities of the sewer, storm water and sanitation funds,higher than expected sewer and storm water usage fees were increased to pay for coinciding expenses. An increase in sanitation interest was used to pay for vehicle repairs and refuse containers. The transfers in and out lines were amended to reflect the following: 10. The transfer of funds previously deposited to the debt service fund by the Airport in error due to the bond being previously paid off. The line on the budget amendment form titled Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out indicates that when the certified budget was filed,we anticipated spending $30,092,579 more than we expected to collect in current year revenue,primarily due to spending bond and grant funds received in prior fiscal years. This amendment increases the amount that expenses are anticipated to exceed revenues by an additional $4,052,600 to a total of$34,145,179. This is due to the following: 1. General Fund—To plan to fund balance to fund increases to the fire/ambulance department in the amount of$695,964, other restricted funds for designated uses in the total amount of $214,149. It also includes the additional use of general fund cash in the amount of$76,000 for garage expenses and Vets Memorial Hall expenses. 2. Other Funds — Includes the use of Debt Service fund balance to refund the Airport in the amount of $308,090; Use of Local Option fund cash in the amount of $1,052,461 for equipment. To budget for adjustments to revenue and the use of grant and bond funds received in prior years in the total amount of$1,500,000. Airport PFC fund balance was increased by $198,100 to fund related expenses, as well as Sanitation Fund balance in the amount of$7,836 was used to fund chargebacks to other departments. Since state law prohibits the City from spending more in any major program area than budgeted, we have budgeted generously with expenses. We do not anticipate that we will spend all amounts budgeted by June 30, 2024. If you have any questions about the information presented, please contact me. Page 188 of 316 NOTICE OF PUBLIC HEARING-AMENDMENT OF CURRENT BUDGET City of WATERLOO Fiscal Year July 1,2024-June 30,2025 The City of WATERLOO will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30,2025 Meeting Date/Time:5/19/2025 05:30 PM Contact:Brid ett Wood Phone: 319 291-4323 Meeting Location:City Hall-Council Chambers 715 Mulberry St Waterloo, IA 50703 There will be no increase in taxes.Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above.A detailed statement of:additional receipts,cash balances on hand at the close of the preceding fiscal year,and proposed disbursements,both past and anticipated,will be available at the hearing.Budget amendments are subject to protest. If protest petition requirements are met,the State Appeal Board will hold a local hearing.For more information,consult htt s://dom.iowa.gov/local-gov-appeals. Total Budget Current Total Budget After REVENUES&OTHER FINANCING SOURCES as Certified Amendment Current Amendment or Last Amended Taxes Levied on Property 1 51,397,687 0 51,397,687 Less:Uncollected Delinquent Taxes-Levy Year 2 0 0 0 Net Current Property Tax 3 51,397,687 0 51,397,687 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 21,144,488 0 21,144,488 Other City Taxes 6 21,785,063 365,000 22,150,063 Licenses&Permits 7 1,519,705 0 1,519,705 Use of Money&Property 8 2,448,000 159,950 2,607,950 Intergovernmental 91 76,399,232 9,725,961 86,125,193 Charges for Service 10 39,254,131 553,930 39,808,061 Special Assessments 11 510,000 100,000 610,000 Miscellaneous 12 11,940,270 1,572,895 13,513,165 Other Financing Sources 13 67,788,102 62,500 67,850,602 Transfers In 14 51,859,098 300,000 52,159,098 Total Revenues&Other Sources 15 346,045,776 12,840,236 358,886,012 EXPENDITURES&OTHER FINANCING USES Public Safety 16 44,707,357 1,147,297 45,854,654 Public Works 17 44,665,639 5,575,440 50,241,079 Health and Social Services 18 397,202 5,580 402,782 Culture and Recreation 19 13,548,997 590,154 14,139,151 Community and Economic Development 20 25,840,488 2,850,687 28,691,175 General Government 21 12,841,409 1,535,360 14,376,769 Debt Service 22 15,992,120 300,000 16,292,120 Capital Projects 23 134,437,585 4,066,882 138,504,467 Total Government Activities Expenditures 24 292,430,797 16,071,400 308,502,197 Business Type/Enterprise 25 43,071,767 301,000 43,372,767 Total Gov Activities&Business Expenditures 26 335,502,564 16,372,400 351,874,964 Transfers Out 27 51,859,098 300,000 52,159,098 Total Expend itures/Transfers Out 28 387,361,662 16,672,400 404,034,062 Excess Revenues&Other Sources Over 29 -41,315,886 -3,832,164 -45,148,050 Under Expenditures/Transfers Out Beginning Fund Balance July 1,2024 30 122,096,004 0 122,096,004 Ending Fund Balance June 30,2025 31 80,780,118 -3,832,164 76,947,954 Explanation of Changes:To budget for additional grant funds received and spent,health and work comp insurance expense,anticipated capital projects expense,including those funded with donations and grants. 04/28/2025 03:10 PM Paae 1 of 1 Page 189 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Request by Mizu Ramen Iowa, LLC, for a Site Plan Amendment to allow for changes in use in the "C- 1, C-Z" Conditional Zoning District located at 1021 Peoples Square. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicants are requesting a Site Plan Amendment to change the use of an existing building. The property was rezoned to "C-1,C-Z" Conditional Zoning District that requires the Site Plan Amendment for the change of use. The only previous Site Plan Amendment was by resolution 1997-198 on May 5, 1997 to allow for expansion of the existing complex. The applicants are proposing to convert an existing fireplace store into a 2,300 square foot restaurant with table seating. Parking requirements for a restaurant are one parking space for each one hundred (100) square feet of floor area devoted to patron use within the establishment, with a minimum of at least 10 spaces. There are currently 66 parking spaces in the complex, and because this is a multi-tenant and multi- use building, the parking requirements of the entire center need to be taken into account. However, with the current uses, it appears that there would be enough parking spaces, but it will need to be reevaluated again with other new or changed uses. The Planning, Programming and Zoning Commission will review the request at their meeting on May 13, 2025. Their recommendation will be reported at the Council meeting. NEIGHBORHOOD IMPACT The request to change of use would not appear to have a negative impact on the neighborhood as the area is surrounded by similar commercial development. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing will be held by the Planning, Programming, and Zoning Commission on May 13th, Page 190 of 316 2025 and notices will be sent to all property owners within 250 feet. SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Unit 1021 and the undivided interest in the common elements appurtenant to said unit, "Kimball Corner Condominium" recorded in Doc. #2006-28345 and amended in Doc. #2006-29355, laid out on Parcel "A" of Plat of Survey Doc. #2006-28544 of part of Lot 2, Kaspend Addition, a Replat of Part of Tract C, Granger's Sectond Addition, City of Waterloo, Black Hawk County, Iowa, and a Part of vacated West San Marnan Drive and Vacated Kimball Avenue in the City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Staff Report - Peoples Square - 05.13.25 2. Overview Map - Peoples Square 3. Aerial Map-Peoples Square 4. Building Plans 5. Packet Application Page 191 of 316 May 13,2025 REQUEST: Request by Mizu Ramen IA LLC for a Site Plan Amendment to allow for a restaurant to replace a retail store in the "C-1 , C-Z" Conditional Zoning District located at 1021 Peoples Square. APPLICANT(S): Weifeng Lin, 2551 Kate Street, Waterloo, Iowa 50701 GENERAL The applicants are requesting a site plan amendment to DESCRIPTION: change a retail store to a restaurant in a conditional zoning district. SURROUNDING The request to change of use would not appear to have a LAND USES AND negative impact on the neighborhood as the area is IMPACT ON surrounded by similar commercial development. NEIGHBORHOOD: VEHICULAR & The proposed site plan amendment would not appear to PEDESTRIAN negatively impact vehicular or pedestrian traffic conditions in TRAFFIC the area. The site is accessed from Kimball Avenue, which is a CONDITIONS: Minor Arterial that connects to San Marnan Drive, which is also classified as a minor arterial. RELATIONSHIP TO There are sidewalks on both sides of Brookeridge and the RECREATIONAL west side of Kimball Avenue north of Brookeridge. The TRAIL PLAN AND Complete Streets Advisory Committee discussed the desire to COMPLETE STREETS have additional sidewalk in the area however it was POLICY: determined not be feasible when Kimball Avenue was reconstructed several years ago. ZONING HISTORY The area in question has been zoned "C-1, C-Z" Conditional FOR SITE AND Zoning District since the adoption of the Zoning Ordinance IMMEDIATE VICINITY: 3770 on March 4, 1991 when it was rezoned from "C-1" Commercial District. Surrounding land uses and their zoning designations are as follows: North — Black Hawk Economic Development zoned "C-1" Commercial District South — San Marnan Drive and Commercial zoned "C-2, C-Z" Conditional District. East — Tropical Smoothie and Jersey Mikes zoned "C-1" Commercial District West — Fareway zoned "C-1" Commercial Didstrict. BUFFERS/ No screening is required in relation to this request. SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: The proposed request would not appear to have a negative impact upon drainage in the area as the site is an existing building. DEVELOPMENT Commercial development between 1974 and 2022. HISTORY: SPA-Change of Use Page 1 of 5 Page 192 of 316 May 13,2025 OF . -- - — _ Picture 1:Location of proposed restaurant. Picture 2:Looking south along the existing development. SPA-Change of Use Page 2 of 5 Page 193 of 316 May 13,2025 Picture 3:Looking northwest toward private road People's Square and the Fareway store. Picture 4:Looking north toward Black Hawk County Economic Development. SPA-Change of Use Page 3 of 5 Page 194 of 316 May 13,2025 Picture 5: Tropical Smoothie and the soon-to-open Jersey Mike's. FLOODPLAIN: 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 190013C0303G, dated May 8, 2024. PUBLIC /OPEN Lou Henry Elementary School is located 0.5 miles to the SPACES/ SCHOOLS: northwest, Hoover Middle School is located 0.5 mile to the northwest, and West High School is located 0. miles to the northeast. UTILITIES: WATER, There is a 36" storm sewer along the northeast corner of the SANITARY SEWER, property in addition to a private storm sewer behind the STORM SEWER, ETC. building; there is a 8" sanitary sewer line in San Maran Drive; and overhead utility lines along Kimball Avenue. RELATIONSHIP TO The Future Land Use Map designates this area as COMPREHENSIVE Commercial. The proposed site plan amendment would be in LAND USE PLAN: conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicants are requesting a Site Plan Amendment to ZONING change the use of an existing building. The property was ORDINANCE: rezoned to "C-1,C-Z" Conditional Zoning District that requires the Site Plan Amendment for the change of use. The only previous Site Plan Amendment was by resolution 1997-198 on May 5, 1997 to allow for expansion of the existing complex. SPA-Change of Use Page 4 of 5 Page 195 of 316 May 13,2025 The applicants are proposing to convert an existing fireplace store into a 2,300 square foot restaurant with table seating. Parking requirements for a restaurant are one parking space for each one hundred (100) square feet of floor area devoted to patron use within the establishment, with a minimum of at least 10 spaces. There are currently 66 parking spaces in the complex, and because this is a multi-tenant and multi-use building, the parking requirements of the entire center need to be taken into account. However, with the current uses, it appears that there would be enough parking spaces, but it will need to be reevaluated again with new uses. TECHNICAL REVIEW Weliver noted that new occupancy will be required to meet COMMITTEE current IFC/IBC codes. A Commercial hood suppression system is required for cooking, sauteing, & frying with fats, oils, & greases. If there is a fire alarm system in the building, then the hood suppression system is required to be connected to that fire alarm system. These items will need to be addressed during the building permit review process. STAFF ANALYSIS — There will be no platting as part of this request. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request by Mizu Ramen RECOMMENDATION: IA LLC for a Site Plan Amendment to allow for a restaurant to replace a retail store in the "C-1, C-Z" Conditional Zoning District located at 1021 Peoples Square be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would appear not appear to have a negative impact on traffic conditions in the area, and meet the parking requirements. 3. The request would not appear to have a negative impact upon the surrounding area. And with the following conditions(s)- 1. The final site plan must meet all applicable city codes and regulations, including but not limited to parking, landscaping, screening, drainage, setbacks, etc. SPA-Change of Use Page 5 of 5 Page 196 of 316 City of Waterloo Planning, Programming and Zoning Commission May 13, 2025 101151 M MUG ■ ■■ ■■ �■ CSC ._' . , . M MM MEN AR 717 E.TOWER PARK, LU C-2 NDERSON DR ■ ■ ■■ ■■ ■ I� - tai ► • 1 1021Peoples Square Site Plan Amendment -- 1,6 7 - City of Waterloo Planning, Programming and Zoning Commission May 13, 2025 0 CO w a 0 w a Q .l J Q m Y Area of Site Plan Amendment W SAN MARNAN DR Sources:Esri,Tom om, . n',tn"dula� contributors,and the GIS User Communit W+N 1021 Peoples Square E Site Plan Amendment s Mizu Ramen IA, LLC PROJECT DATA JD DESIGN PROJECT: PROPOSED RESTAURANT PROPOSED RESTAURANT 021 PEOPLE SQUARE, WATERLOO, IA 50-702 ASSOCIATES INC. BUILDING CODE: 2021 INTERNATIONAL BUILDING CODE 3436 UNION ST. SUITE 206 2021 EXISTING BUILDING CODE NEW YORK N.Y. 11354 ACCESSIBLE CODE: IOWA ACCESSIBILITY CODE 20001 A117.1, 20001 TEL: (212) 966-7828 02 FEOFLES SGUARE V�ATERLOO 50 � 02 MECHANICAL CODE: INTERNATIONAL MECHANICAL CODE 2021 (718)750-0888 / I .COM ELECTRICAL CODE: 2020 NEC, WITH AMENDMENTS , NFPA -10, 2020 WWW.JDN EMAIL: DESIGN@JDNYSJDNYS PLUMBING CODE: 2021 UNIFORM PLUMBING CODE$ IOWA ADMINISTRATIVE CODE GAS CODE: 2021 INTERNATIONAL FUEL GAS CODE ARCHITECTURE■ENGINEERING■IMERIOR DESIGN■CONSULTANT GENERAL. MOTES I. ALL WORK SHALL CONFORM TO THE RULES AND REGULATIONS, CODES ALL ABOVE CODES PLUS LOCAL AMENDMENTS, LATEST EDITION msm AND ORDINANCES OF FEDERAL, STATE AND LOCAL GOVERNMENTAL HEALTH CODE: STATE SANITARY CODE AGENCIES HAVING JURISDICTION OVER THE PROJEGT, NO WORK SHOWN CONSTRUCTION TYPE: TYPE III B ENGINEERING SPECIFIED OR IMPLIED SHALL BE CONSTRUCTED TO CONFLICT WITH FIRE PROTECTION: SERVICE, PLLC ANY GOVERNMENT AGENCY OR BUILDING AUTHORITY MANDATE. 2. NO WORK SHALL BEGIN UNTIL A BUILDING PERMIT HAS BEEN ISSUED. USE GROUP: A-2 RESTAURANT 5. GENERAL CONTRACTOR SHALL PROVIDE GENERAL LIABILITY INSURANCE, AREA (TOTAL): 2,300 50. FT. WORKMEN COMPENSATION INSURANCE AND DISABILITY INSURANCE These drawings shall be used for the BEFORE PERFORMING ANY WORK IN THIS BUILDING. specific project location indicated 4. THE CONTRACTOR SHALL INSPECT THE SITE AND CHECK AND VERIFY - FINISH SCHEDULE within the Title Block, and shall not �- a EXISTING AND PROPOSED CONDITIONS BEFORE STARTING ANY WORK. - PEOPLES SOUARE BE USED AT ANY OTHER LOCATION. THE CONTRACTOR SHALL BRING THE DISCREPANCIES TO THE ARCHITECT'S OR ENGINEER'S ATTENTION BY WRITING PRIOR TO SUBMITTING ANY QUOTES AREA TOE BASE FLOOR GEILING WALL PROJECT : OR ESTIMATES PRIOR TO COMMENCING WORK. r' GOVING 5. ALL NEI/l �NOR< CONFORMS TO THE I OTA STATE ENEI;;�6`r CIODE. [� � ' 6YP5UM BOARD GEILING GYP5UM FIRE-(ODE PAINTED �1 DINING AREA GERAMIG TILE. GERAMIG TILE. TAPE, SPACKLE $ 5EM1-GLASS W/2-GOAT5 OF EPDXY PAINT, 6. ALL FEES, PERMITS APPLICATIONS, INSPECTIONS, CERTIFICATES AND Q PAINT 2 GOATS. ALUMINUM TUBE SMOOTH SURFACE, WASHABLE. PROPOSED SIGN-OFF SHALL BE SECURED BY THE CONTRACTOR AND PAID FOR BY Z _ THE TENANT UNLESS OTHERWISE NOTED. - y I k 2X2 LAY-IN AGOU5TI(AL GEILING, CERAMIC TILE, RESTAURANT - � � � � `•'-� ___ _ _ NON-PERF=ORATED, NON-F=155URED, SMOOTH, �. ALL NOTES HEREIN MENTIONED ALONG WITH THOSE ON THE VARIOUS ro- _ RE5TROOM AREA G2UARRY TILE. QUARRY TILE. WASHABLE, LIGHT-IN COLOR. VINYL FINISH. WASHABLE RFACE, DRAWINGS SHALL APPLY TO ALL DRAWINGS AND FORM PART OF THE LU 1021 PEOPLS SQUARE , CONTRACT. RESTAURANT 2X2 LAY-IN ACOU5TICAL GEI INC CERAMIC TILE, WATERLOO, IA 50702 8. THE CONTRACTOR SHALL PROVIDE ALL THE LABOR AND MATERIAL EMPLOYEE ROOM CERAMIC TILE. CERAMIC TILE. NON-PERFORATED, NON-FISSURED, SMOOTH, SMOOTH SURFACE, NECESSARY FOR THE COMPLETION OF THE WORK AS SHOWN ON THE NA5HABLE, LIGHT-IN COLOR. VINYL FIN15H. NA5HABLE. DRAWINGS. Ld 2X2 LAY-IN AGOU5TI(AL GEILING, CERAMIC TILE q. THE CONTRACTOR SHALL CARRY OUT ALL THE WORK IN A FIRST GLASS I lot STORAGE ROOM CERAMIC TILE. CERAMIC TILE. NON-PERFORATED, NON-FISSURED, SMOOTH, SMOOTH SURFACE, WORKMAN-LIKE MANNER. HE SHALL MAINTAIN A SAFE, GLEAN JOB SITE AT In • - - - I O WASHABLE, LIGHT-IN COLOR. VINYL FINISH. WASHABLE. ALL TIMES, FREE FROM DEBRIS ACCUMULATION, AND SHALL LEAVE I - �� -• *3 li' :I THE JOB SITE BROOM GLEAN AT THE COMPLETION OF THE PROJECT. I, t ' a}{` ;r 2X4 LAY-IN ACOUSTICAL GEILING, 5TAINLE55 STEEL BEHIND HOOD I0. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL k M+' } �a., KITCHEN AREA G2UARRY TILE. G2UARRY TILE. NON-PERFORATED, NON-FISSURED, SMOOTH, AREA AND FRP PANELING IN DAMAGE TO NEW OR EXISTING CONDITIONS CAUSED BY HIMSELF. HIS '- ' ' NA5HABLE, LIGHT-IN COLOR. VINYL FIN15H. OTHER AREA. DISTRICT SECTION BLOCK LOT WORKMEN OR HIS SUBCONTRACTOR. HE SHALL REPAIR SUCH DAMAGE AT PRO. NO. NO ADDITIONAL DOST TO THE OWNER UNLESS OTHERWISE NOTED IN - I NOTE: ALL FINISHED SURFACES SHALL BE SMOOTH,EA51LY GLEANABLE AND NON ABSORBENT. ALL DAMAGE CREATED OR DISCOVERED IN THE PROCESS OF THE ' CONSTRUCTION PHASE OF THE PROJECT SHALL BE PROPERLY REFIN15HED IN AN APPROVABLE MANNER. ALL SURFACE PENETRATIONS,CRACKS AND CREVICES ARE WRITING PRIOR TO STARTING WORK. 4I TO BE SEALED TO ELIMINATE VERMIN HARBORAGE AREA5. ALL PLUMBING PIPES,ELECTRICAL CONDUITS,GA5 LINES, ETC. SHALL BE KEPT WITHIN THE WALL CAVITIES,ABOVE THE CEILING OR UNDER THE FLOOR. IF THE (5A5 I I. ALL MATERIALS AND CONSTRUCTION TO BE INCORPORATED IN THE WORK LINE MUST BE RUN OUTSIDE OF THE WALLS, THEN A GLEANABLE BRACKET MUST BE USED THAT WILL BRACE THE PIPE AT LEAST I" OFF THE WALL AND AT LEAST AT _ -� _ SHALL BE IN STRICT ACCORDANCE WITH THE LATEST EDITION OF THE I y� s• 12" OFF THE FLOOR. ASTM SPECIFICATIONS APPLICABLE AND TO CONFORM TO THE STANDARDS �G� ME�AL.L. AVEUTILITY LINES SHOULD BE STUBBED OUT OF THE WALLS,FLOORS OR CEILINGS AT EACH PIECE OF EQUIPMENT SERVED. DATE 05/28/2025 ? � _- - _ ��. , AND RECOMMENDATIONS OF THE VARIOUS TRADE INSTITUTES ( AGI, RISC, - FINISH NOTES: SCALE AS NOTED ETC. ) WHERE APPLICABLE. ALL MATERIALS INCORPORATED INTO THE IOW r DRWN BY 60; I INTERIOR FINISH SHALL COMPLY WITH IBC 801.1.1. I$WORK SHALL BE NEW. FREE FROM DEFECTS UNLESS OTHERWISE NOTED. 801.1.2. AND 803. CHKD BY 12. CONTRACTORS SHALL BE RESPONSIBLE FOR ADEQUATELY BRAG I NG FLOT FLAN 2. INTERIOR WALL AND GEILING FINISH: AND PROTECTING ALL WORK DURING CONSTRUCTION AGAINST DAMAGE, - VERTICAL EXIT AND EXIT PASSAGEWAYS: GLASS B BREAKAGE, COLLAPSE, DISTORTIONS, CONFORMING TO STANDARDS OF GOOD 50ALB: 1/4"=1'-O" - EXIT ACCESS CORRIDORS AND OTHER EXITWAYS: PRACTICE. CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND GLASS B COMPLETE RESPONSIBILITY FOR THE SITE CONDITIONS DURI NO THE COURSE3. INTERIOR FLOOR FINISH IN VERTICAL EXITS, EXIT- ROOMS AND ENCLOSED SPACES: GLASS G 'ate OF CONSTRUCTION OF THIS PROPERTY, THAT THIS REQUIREMENT SHALL �- N, PASSAGEWAYS AND EXIT ACCESS CORRIDORS SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING NOT LESS THAN GLASS 11. TITLE i�AGE HOURS I$ THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY $ HOLD KITCHEN EQUIPMENT SCHEDULE211 4. ALL DECORATIVE MATERIALS SUSPENDED FROM THE ARCHITELT OR ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, WALLS OR CE I L 1 NGS SHALL MEET I BG 801.1.2 AND 805 REAL OR ALLEGED IN CONNECTION WITH THE PERFORMANCE OF WORK * ALL APPLIANCES AND FIXTURES SHALL BE LISTED, LABLED AND INSTALLED ACCORDING TO THE 2" ON THIS PROJECT. MANUFACTURER'S INSTALLATION INSTRUCTIONS OR THE ADOPTED CODES WHICH EVER IS MOST RESTRICTIVE. 2" 15. THE ARCHITECT OR ENGINEER OF DESIGN HAS NOT BEEN RETAINED FOR ELECTRICAL GA5 WATER 2" MAX ALLOWABLE OCCUPANCY (PER BUILDING CODE TABLE 1004.5): ANY FIELD SUPERVISION OR INSPECTION. HIS RESPONSIBILITY IS NO. QTY DESCRIPTION MANUFACTURE MODEL N.S.F. VOLT PH5. HP. KW AMPS 51ZE BTU/H G.W. H.W. DIR. 511 LIMITED TO THE ACCURACY OF THE PLANS. I. 2 UNDER COUNTER REF. BEVERAGE-AIR UGR&OA N.S.F. 115 I I/4 5.5 8.2 OCCUPANT LOAD: LOAD FACTOR AREA/ LENGTH OCCUPANCY LOAD BY CODE PROP05ED LOAD 14. MATERIALS NOT SPECIFIED SUCH AS MAKE, STYLE, COLOR ETC. SHALL 2. 1 SUSHI CASE HOSHIZAKI NG-I50BA-R(L)-5 N.S.F. 115 1/6 o.Ici5 5.2 I PER50N / 15 S.F. 360 SQ.FT. 24 PATRONS 24 PATRONS NO. REVISIONS DATE BE APPRO\/ED BY THE TENANT PRIOR TO PURCHASING AND INSTALLATION DINGING AREA#I (NOT FIXED SEATING) BY CONTRACTORS. 3. 2 BAIN MARIE (5ANDWIGH UNITS) BEVERAGE-AIR SPE-40 N.S.F. 115 1/5 4.5 15. ALL PLUMBING WORK SHALL BE PERFORMED BY LICENSED PLUMBER. 4. 2 BAIN MARIE (5ANDWIGH UNITS) BEVERAGE-AIR SPE36HC-08 N.S.F. 115 1/5 4.5 DINGING AREA#I (FIXED BOOTH) I PERSON / 24 INCH 48"X 6 BOOTH 12 PATRON5 (BOOTH 5EATING) 12 PATRON5(BOOTH SEATING) 16. ALL ELECTRICAL WORK SHALL BE PERFORMED BY LICENSED ELECTRICIAN. 5. 4 HAND SINK EAGLE HSA-10-F-LRS N.S.F. 1/2" 1/2" 6• 1 DROP-IN ICE BIN KROWNE CUSTOMIZE N.S.F. DINGING AREA#2 (NOT FIXED 5EATIN65) I PER50N / 15 S.F. 280 SOFT. 11 PATRONS IS PATRONS 7. I 3-COMP. SINK ADVANCE TABGO 013-43-72-36RL N.S.F. 3/4" 3/4" DINGING AREA#2 (FIXED BOOTH) I PER50N / 24 INCH 48"X 6 BOOTH 12 PATRONS (BOOTH 5EATIN(5) 12 PATRON5(BOOTH 5EATIN6) NU1 15ER OF F= XTURES (TAE3LE 422.0 5. 1 FOOD SINK EAGLE 314-24-1 N.S.F. 1/2" 1/2" 5" WATER CLOSETS: RATIO I PER 75 MALE, I PER 75 FEMALE a. I REACH-IN FREEZER BEVERAGE-AIR HBF4r-i (52") N.S.F. 115 1 5/4 1I.Q BAR AREA (FIXED 5EATING SEAL & SIGNATURE : 76/2 = 38 REQUIRED: MALE FEMALE 1 10. 1 REFRIGERATOR BEVERAGE-AIR KR4a-IA5 N.S.F. 115 1 1/3 c1.2 W/O DIVIDING) I PER50N / 18 INCH 160 INCH a PATRONS 6 PATRONS (STOOLS) \\\\111111111///// QW[SSIONW PROVIDED: MALE I WATER GLOSET II. ICE MAKER MANITOWOG ID-08�i2N N.S.F. 208 6.07 20 3/4" 5" Digitally 3igned �``°' FEMALE I WATER CLOSET 12• DISH WASHER EGOLAB ES-2000HT N.S.F. 46.8ed S MOHAMED SAID 13. 1 DISHTABLE EAGLE CUSTOMIZE N.S.F. MAHMOUD LAVATORIES: RATIO I PER 200 MALE I PER 200 FEMALE TOTAL DINING AREA 76 PATRONS 72 PATRONS Mahmo d P2 38 14. 1 PRE-RINSE SINK EAGLE 414-22-1-24 N.S.F. 5/4" 3/4" 3" ? 76/2 = 5a REQUIRED: MALE I, FEMALE I 5.04.14 15. 1 MOP SINK EAGLE FIc1I&-VSCS N.S.F. I/2" I/2" 511 PROVIDED: MALE I LAVATORY KITCHEN, PRE. AREA I PERSON / 200 S.F. 680 50. FT 4 EMPLOYEES 4 EMPLOYEES 21 :18:58 07'00' FEMALE I LAVATORY 16• I HOT WATER HEATER A.O. SMITH BTR-I�i�i N.S.F. I" Iq�i,000 1-1/2'' I-I/2" 17. 1 RICE COOKER RINNAI RER-55AS N.S.F. 5/4 55,000 CIRCULATION AREAS 0 500 50. FT 0 0 (SERVICE AREA, TOILET5,ETC) 4/14/25 15. 1 RANGE BURNER GARLAND 636-46125 N.S.F. 3/4" 150,000 ICI. I CHINESE RANGE STOVE WIN SUPPLY WR-200 N.S.F. 1-1/2" 200,000 1/2" 5" TOTAL 76 PATRONS /4 EMPLOY 72 PATRONS /4 EMPLOY REF. NO. 20. 2 DEEP FRYER PIGTO 56-14 N.S.F. 5/4" 110,000 PROPOSED CUSTOMER LOAD DESIGNED: 72 PATRONS 21. 1 NOODLE COOKER AXIS AX-6PG-I N.S.F. I/2" 1 45,000 1/2" I" JD - 01 12 5 22. 1 STOCK POT STOVES RADIANCE TARP-185-D N.S.F. 5/4" 7ci,000 23. 1 TEA URN CECILWARE CROON N.S.F. 200 3 6.0 17 2" DWG NO. : 24. 1 SODA DISP. (TO 13E PROVIDED BY LO AL 015TRIBUTOR) N.S.F. 115 1 1/5 O.Ci& I/2" 2" 25. 1 WALK-IN COOLER AMERIKOOLER CUSTOMIZE N.S.F. 200 5 1 2.52 E27. WALK-IN FREEZER AMERIKOOLER CUSTOMIZE N.S.F. 208 1 2 3.36 0 o O 5 TABLE (5tainle55 Steel) EAGLE GUSTOMIZE N.S.F. Page 199 of 316 LEGEND JD DESIGN SYMBOL DESCRIPTION EXISTING LALL OR PARTITION TO REMAIN ASSOCIATES INC. NEW I HR. PARTITION UL U.404, 3 5/8" 25 GA. METAL 3436 UNION ST. SUITE 206 NEW YORK N.Y. 11354 STUDS s1611 O.C. WITH 5/0'' GYPSUM BOARD EACH SIDE TO 10'-ro" A.F.F., TAPE, 3 COATS MUD, SAND SMOOTH, PAINT. TEL: (212) 966-7828 (718)750-0888 ® EXISTING STOREFRONT TO REMAIN EMAIL: DESIGN@JDNYS.COM WWW.JDNYS.COM NEW PARTITION WITH S/S" TYPE 'X' GYPSUM BOARD ARCHITECTURE■ENGINEERING■INTERIOR DESIGN■CONSULTANT EACH SIDE OF 3 S/S" 25 GA. METAL STUDS S 24'' O.C. /'\0 EXTERIOR DISCHARGE LIGHTING LITH BATTERY BACK-UP msm 6'-6" 10'- 10" 9' 7' 0 9'-3" �K PORTABLE FIRE EXTINGUISHER, IOLB. TYPE K e48" A.F.F. MAX. ' 7'- 11 51ENGINEERING kQA 72/7 ABC PORTABLE EXTINGUISHER, 10LB. � 48" A.F.F. MAX. WH- SERVICE, PLLC u u o E T rf.w.rl. PANEL 8 PANEL A EXIST.3'-0" .C. Rl kir_ L� Q Q A NEA 3'-O"S.C. 200AMP 400AMP 1'rJ ISH TS TACTILE SYMBOL SHER SPLASH OP WALK-IN WALK-IN XISTII OF OK COOLERS FREEZER STO GE Ln These drawings shall be used for the URNAG UTILITY D Nspecific project location indicated 0 ELECTRICAL PANEL ROOM = wt, within the Title Block, and shall not E.P. D FDO p p EXIT SIGN WITH BATTERY BACKUP & EMERGENCY LIGHT, NEA 31-0115.C. BE USED AT ANY OTHER LOCATION. EXIT WIRE TO LOCAL LIGHTING CIRCUIT (EXISTING OR NEWS REFRIGERATOR ❑ KITCHENTABL JFREEZERA>< PLOYEE PROJECT : 0 EMERGENCY LIGHT WITH BATTERY BAGKUP, 17'-6" HD FD® R M � WIRER TO LOCAL LIGHTING CIRCUIT (EXISTING ONEW) ----------------------------- K r FROFOSF-D BURNER HD NEAT DETECTOR RICE G SE INOK 4 RANGE �i STOCK I TS LAV a0 GUARD RST UR NT COOKER `�� Is cor1P. 4 of�o 0(oD P WORK O NABLE Por wuacs �1 SD SMOKE DETECTOR ♦ FRY TABLE WORK I OW ® ; IN �o— oIHi r� �SGFM cfl @ CABLE EXIT I�° �T •^� ® 1021 PEOPLS SQUARE, O NEw 3'-o"s.C. WATERLOO, IA 50702 �5 SOAP DISPENSER ICE BIN NEW 6-0"S .C. ' PAPER TOWEL DISPENSER & WASTE GAIN BAIN .G. SID PT RECEPTACLE MARIE SPL MARIE Si.ry GUARD PLASH 75 GFM 00 GUARD ®F.D. FLOOR DRAIN IIj lI___________-,II I II_ _________ _ II IAAN CASHIER COOLER COOLER TS Ll LAV. UNDER UNDER � ❑ COUNTER , , DISTRICT SECTION BLOCK LOT L-----------J L-----�'7-�7-�{-�-.7--J PRO. NO. : N■ I■C SUSHI BAR -- -_ _= AGHI 1 � a 00 I WAITER L" DATE 05/28/2025 a 21 ' �' 9'- 11 " STA SCALE AS NOTED DRWN BY ----------- ----------- CHKD BY `I' N ------------ INI G AREA 1 ❑ INING A FLOOR FLAN ------------- C: ----------- ----------- ----------- ITS 0 0 C1 (7) ----------- CIO o (7) ----------- NO. REVISIONS DATE VESTIBULE 4 3' A EXIT U N O i m X SEAL & SIGNATURE : \\\\IIIIIIIII//// \\\\.�``QR6FESS/9), gyp; ! J% MOHAMED SAID FLOOR FLAN I I MAHMOUD`,,,? P2 388 ` SCALE: 1/4"=I'-O" v- 4/14/25 REF. NO. : JD - 01125 DWG NO. : o o ❑ Page 200 of 316 NOTE: EACH DOOR TO AN EXIT SHALL HAVE A TACTILE SIGN, M►�OUN1145 HEI16H�T�46"MIN. AND 60"MAX.ABOVE ADJACENT FLOOR OR SROIM 3 5/4 INCLUDING RAISED LEI ERS A�41�LL.E,STATING: EXIT JD DESIGN PER ANSI-AII1.1 i SECTION 1011.3 OF IBC T.O. WALL 9"ON CENTER 5 5/8" 22 GA. METAL BIRCH WOOD CAP STUD DIAGONAL FROM DOOR FRAME a-6 ASSOCIATES INC. W/MAHOGANY STAIN BRACING(WHERE I'- " 3' d CLEAR FINISH REQUIRED) ® 4'-0" O.G. \ 4 ALTERNATE SIDES, 48" 3436 UNION ST. SUITE 206 ATTACHED TO ROOF STRUCTURE NEW YORK N.Y. 11354 NEW PARTITION WITH 5/8" 1 T.O. WALL_—_ o TEL: 212 966-7828 TYPE 'X'GYP5UM BOARD EACH AREA OO SIDE OF 2 I/2" 25 GA. METAL � (71 8750-0888 STUDS ® 24" O.G.,TAPE, u ll E F U GG _ 5 GOATS MUD,SAND SMOOTH o EMAIL: DESIGN@JDNYS.COM WWW.JDNYS.COM ARCHITECTURE■ENGINEERING■INTERIOR DESIGN■CONSULTANT NEW SUSPENDED CEILING SYSTEM® Q'-IO" A.F.F. Q O L 0 NEW PARTITION WITH ry 5/8" TYPE 'X' GYPSUM 36 la" IQ" 36" BOARD EACH SIDE M M OF 3 5/8" 25 GA. METAL STUDS® 24" O.G.,TAPE,3 GOATS SHOTPIN ANCHOR MUD,SAND SMOOTH 4, '� NOTE: TO CONCRETE SLAB HANDICAP ACCESSIBLE SEATING 5% OF TOTAL SEATING CAPACITY HEIGHT OF ACCESSIBLE TABLES: 26"-54" ENGINEERING EXISTING TO u n CONCRETE SLAB REQUIRED KNEE CLEARANCE: 27 Hx30 Wxlq D ANSI F167.105.5.10 ACCESSIBLE SEATING DETAIL SERVICE PLLC moo. WALL-----_ HEIGHT OF TACTILE CHARACTERS ABOVE FLOOR OR GROUND SCALE: I/2"=I'-O" SCALE: 1/2'-1'-0" TACTILE GHARAGTER5 SHALL BE 45 INCHES(1220 MM) MINIMUM LOY�I WALL SEDT I ON ABOVE THE FLOOR,MEASURED TO THE BASELINE OF THE LOWEST TACTILE CHARACTER AND 60 INCHES(1525 MM) MAXIMUM ABOVE THE FLOOR,MEASURED TO These drawings shall be used for the SCALE: I"=I'-O" THE BA5ELINE OF THE HIGHEST TACTILE CHARACTER. specific project location indicated within the Title Block, and shall not 5HOTPIN ANCHOR WALL BE USED AT ANY OTHER LOCATION. TO CONCRETE SLAB SUSHI 015PLAY UNIT EXISTING 3/4"GRANITE _ PROJECT : CONCRETE SLAB 3/4"GRANITE/MARBLE o000 3/4"GRANITE C /MARBLE (�OVN� NI OUNTER TOP COUNTER TOP SELECTED SELECTED BIRCH D CAP ° ,2„ WALL SEDT 10 N BY OWNER GARBLE BY OWNER W/MA ANY STAIN COUNTER TOP CABINET , 777 SELECTED E CL AR FINISH BY OU,NER 3/4"FIRE TARDED PROPOSED 00 SCALE: I/2" = I' - O" 36\1 STAINLESS PLYI^IOOD 2 1/4" THICK 0' fl _ 5TEEL 5HEET RESTAURANT FO FILLINGS . a 21/2'KETAL �ON 5/8'GYP. PLY OD BACK 000 STUDS 0I6"O.G. 21/2'METAL 21/2'METAL— STUDS®I6'oG. 5/811CrM 1021 PEOPLS SQUARE, FABRIC U OLSTERY3O" STUDS STAINLE55 WALLBOARD WATERLOO, IA 50702 0 0' = 5/8"GYPSUM STEEL SHEET n n COIL SPRING '0'0 S/S LEG n ►HALL BOARD ON 5/8"GYP. SOFT EDGE '000 a MOSAIC OR— ,? '0'0 �} m 0,0 CULTURED 000 STONE FIN15FED ALL EXPOSED— 0 0 - FRONTS TO 0000000,0,0,0'. 9 v2° BE PADDED 0 0 0,0 0,0 00000 0 6" MIN. OPEN SPACES LED STRIP FLEXIBLE LIWN6 5/8"6YP5UM FRONT FACIA BIRCH--- VENTILATION 4 WALL BOARD 3, HOLES COUNTER 5ECT I ON MAHOGANY WOOD BASE UNDER COUNTER W/MAHOGANY FINISH DISTRICT SECTION BLOCK LOT SCALE: 1/4"=I'-O" 21/2"METAL STUDS COOLER MOUNTED FLOOR A I = SECTION THRU SUSHI BAR AREA ON CASTERS PRO. N O. BIRCH WOOD BAS 4" SCALE: 3/4"■I'-0" STAINED MAHOGANY BANQUETTE TO BE BUILT BY MANUFACTURER DATE 05/28/2025 BENCH SECTION DETAIL NOTE:5I0THCONTRUCTI SCALE AS NOT R ED SCALE: P-I'-O" 54 M I N 5-to DRWN BY SOAP I CC/ANS I All-7.1-200c[ REQUIREMENT NOTES: °NOTA A��owEn 5 3/4" 41065N DlsPenseR 12 MAX z 42 MAX 42 MAX PAPER Towel CHKD BY (REST ROOM CONDITION) WITHIN THIS AREA 400 305 5q _ 41 �� oro m 1070 DISPExSeR 42 MIN. I, �f�f0=1040 �O� 1065 MAX 36 MIN. � 36 MIN. 50 X15 z7 q 1 TOILET PAPER DISPENSERS MUST PERMIT CONTINUOUS PAPER FLOW --; 56 MIN. 24 MIN I z 24 MIN 2. AND MOUNTED I'-1i" INCH. FROM THE FRONT OF WATER CLOSET. I 1S O "m O O HOT WATER AND DRAIN PIPES UNDER LAVATORIES SHALL BE INSULATED l�JJ ) 2 MIN Q 5. OR OTHERWISE CONFIGURED TO PROTECT AGAINST CONTACT. J I _ SECTI ON 60 LU X MIRROR 4. THERE SHALL BE NO SHARP OR ABRASIVE SURFACES UNDER LAVATORIES. O W ce z zif) 1 O DETAIL. IF SELF CLOSING VALVES ARE USED ON FAUCETS, FAUCETS SHALL �� ® ICA O 5, ppREMAIN OPEN FOR A MINIMUM OF TEN SECONDS. m� ® z ~ x 25ALL'STRESSES ON GRAB BARS AND COMPONENTS SHALL BE BASED ON I m p O I xo W UJ o PAPER TOWEL DISPENSER TO BE LOCATED AT A HEIGHT OF 44" ABOVE L _ _ _ — — — 7. FINISHED FLOOR MAXIMUM. 16-I 505-45 g PROVIDE LEVER TYPE ACCESSIBLE DOOR HARDWARE ON TOILET STALLS. 60 MIN. PROVIDE SIGN ON REST ROOM D 1525 FR07RUD I NCS DISPENSER DOORS ADJACENT TO LATCH SIDE FIC�.604.5.I FI�.604.5.2 FIG.6o6.3 71 OF DOOR AT 60" ABOVE FIN. FLOOR. USE NON-GLARE FINISH GRADE 2 RECESSED DISPENSER SIZE OF CLEARAAG.6o4.3 BELOW GRAB BAR OR ABOVE GRAB BAR NCE FOR WATER CLOSET SIDE-WALL GRAB BAR FOR WATER CLOSET REARWALL C-�RAB BAR FOR WATER CLOSET HEIGHT OF LAVATORIES AND SINKS q, BRAILLE AND RAISED LETTERS. (1/52") F16.604.7.1 NO. REVISIONS DATE 10. ALL DOORS MIN. WIDTH 5'-0" CLEAR AT cIO DEGREE OPEN. DISPENSER LOCATION 11. DOORS HARDWARE SHALL HAVE LEVER-STYLE HANDLES 404.2.7. AMY THERMOSTATS, SOAP OR PAPER TOWEL DISPENSERS, LILGHT SWITCHES Y�IATER CLOSETS AS fi�fi� ICC/ANSI �I I �. I -200 FIRE ALARM PULL STATION, TIME CLOCK OR ANY FIXTURE SHALL BE 48 A.F.F. N.T.S. CEILING /-EXIT 516N d SEAL & SIGNATURE : BATHROOM AND TOILET ACCESSORIES SCHEDULE I EXIT r EMERGENCY \\\\IIIIIIIII„�� SYMBOLS OF ACCESSIBILITY AND THEIR BACKGROUND SHALL HAVE AUDIBLE N151BLE LIGHT DOOR FRAME \\\\��.�oQRpFES------ A NON-GLARE FINISH. SYMBOLS OF ACCESSIBILITY SHALL CONTRASTTA6 DESCRIPTION s I, STROBE THERM05TATLOCATION `.��,�', ;'yc ; WITH THEIR BACKGROUNDS, WITH EITHER A LIGHT SYMBOL ON A DARK (DO NOT LOCATE DIRECTLY =v; MOHAMED SAID `,�= BACKGROUND OR A DARK SYMBOL ON A LIGHT BACKGROUND. IA 3'-0” GRAB BAR ABOVE DIMMERS) _ - LOCATION FOR: - MAHMOUD - IB 3'-6" GRAB BAR FIRE EXTINGUISHER LIGHT 5WITCH,DIMMERS, P2 38 .. E6RE55 BUTTON, ? •• • •.:• IG I'-6" (VERTIGLE) GRAB BAR 3-5 4 2 CARD READER,(ETC.) FIRE ALARM i Oj / b /PULL STATION ii�niIIIIIn���� ����j� ❑2 TILT MIRROR WITH STAINLESS STEEL FRAME �/ o IG IB 4/14/25 °'"iD El SURFACE-MOUNTED SOAP DISPENSER 3 3 0 L LL q.. WOMEN MEN ® 5URFACE-MOUNTED PAPER TOWEL DISPENSER AND WASTE RECEPTACLE OR ELECT. HAND DRYER 1A o REF. NO. : I5 SURFACE-MOUNTED SANITARY NAPKIN DISPOSAL (WOMEN'S TOILET ONLY) ��_�� + + l MOUNTING HEIGHT: ISS �I I T 5 6 JD - 01 12 5 SURFACE-MOUNTED MULTI-ROLL TOILET TISSUE DISPENSER CHARACTERS SHALL BE 48 INCHES MINIMUM AND 60 INCHES © �„ o MAXIMUM ABOVE THE ADJACENT FLOOR OR GROUND SURFACE, MEASURED FROM m roLn m x m m o OUTLET � N ' N � THE BASELINE OF THE CHARACTERS. ❑T SURFACE OR FLOOR MOUNTED TOILET. �r DWG NO. GENERAL MOUNTING LOCATION: NOTE: = RECEPTACLES n" a" WHERE A TACTILE SIGN 15 PROVIDED AT A DOOR, THE 516N SHALL BE ALONGSIDE I. ALL TOILET ACCESSORIES TO BE ADA COMPLIANT. _6 FINISHED FLOOR THE DOOR ON THE LATCH SIDE. TYF I C AL_ BATHROOM tvIO U NT I NCG H E I (5 HT 1 S DOOR HARDWARE o 50ALE: 1/2„=1'-0" INTER 1 OR DEVICE MOUNTING HEI &HTS DETAIL SCALE: 1/2"=I'-O'NOTE: ALL DIMENSIONS TO CENTER LINE OF DEVICES. Page 201 of 316 HONEYWELL THERMOSTATIC JD DESIGN MIXING VALES FOR LAVATORIES 4 HAND SINKS WATER TEMPERATURE AT 110 DEGREES PLUMBING REQU I REMENT5 BACKFLOW PREVENTER ASSOCIATES INC. BREAKER) (TYPICAL)\/ENT TO RO F aD BACKFLOW PREVENTER AGKFLOW PREVENTER I. ALL PLUMBING SHALL COMPLYWITH THE LOCAL PLUMBING 4 HEALTH DEPARTMENT REQUITE. (VAGUUM BREAKER) (TYPICAL) 3436 UNION ST. SUITE 206 2. INSULATE ALL HOT $ GOLD WATER LINES ABOVE GRADE WITH 3/4" FIBERGLASS PIPE 2" NEWYORK N.Y. 11354 INSULATION WITH VAPOR BARRIER. 2.. 2" 2F(\�IAC6UM I/2" 1 1/2" 2" 1/2" 2" 2" 2' I/2" 2" 2" 1/2" 2" - �2" TEL: (212) 966-7828 2" 2" 5. VERIFY ALL FINAL CONNECTIONS TO KITCHEN EQUIPMENT WITH KITCHEN SUPPLIER. VERIFY 2" I h (718)750-0888 ROUGH-I N REGU I REMENTS WITH SAME 4. MATERIALS SHALL BE AS FOLLOWS: II II II I I II I EMAIL: DESIGN@JDNYS.COM A: WATER PIPING TO BE TYPE 'K' COPPER BELOW GRADE, TYPE 'L' COPPER ABOVE GRADE. wWWW.JDNYS.COM B. WASTE PIPING TO BE CAST IRON, PVC, OR COPPER PIPE. I 1/2" I/2" I/2" s/ 3/4" 1 5/4" 5/4" ARCHITECTURE■ENGINEERING■INTERIOR DESIGN■CONSULTANT G: VENTS TO BE CAST IRON, GALVANIZED STEEL, OR COPPER PIPE. v 5/4' 5/4" v2" D: GAS PIPING TO BE SCHEDULE 40, BLACK STEEL PIPE. PROVIDE AUTOMATIC GAS Q = = -A N Q15/4. 15/4" 1 3/4" 15/4" 1 5/4" SHUT-OFF VALVE IN GOOK I NG EOU I PMENT SUPPLY MAIN AS REGU I RED FOR COOKING EGU I PMENT I/2" I/2" v I/2" I/2" " v2 v2 FIRE PROTECTION SYSTEM. VERIFY 4 COORDINATE WITH KITCHEN EGU I PMENT SUPPLIER. — — 5/4" 5/ GONDEN GONDEN 5. ALL INDIRECT WASTES EXCEED I N6 24" IN LENGTH SHALL BE TRAPPED. sL P SATE SATE M M 6. PROVIDE CLEANOUTS REGU I RED, $ AT THE BASE OF ALL STACKS. 1 1 1 HAN" HAN Foo S HAN ICE WASTE WASTE -T. ALL MATERIALS USED WITHIN RETURN AIR PLENUMS SHALL BE APPROVED FOR SUCH USE. TBA s1N SINK ICE BI sI" r Q N1OKs sI" MAK R MOP LAV. LAV. URN SOD 3 COMP. INK •AIR NOODLF bAP. PRE DISH SINK 5. PROVIDE FIXTURE STOPS AT ALL PLUMBING FIXTURES. 1 6AP. R RINSE WASH R WALK-IN WALK-IN 9. PROVIDE ALL FITTING $ ACCESSORIES AS REQUIRED FOR A COMPLETE INSTALLATION. HOT w.G. w.G. 1 1 7SINKVAIR ENGINEERING FREEZER COOLER Z Z2"AIR =___2"AIR 5" WATER SUPPLIED TO LAVATORY FIXTURES SHALL NOT EXCEED 120F HANDICAP PLUMBING �'�' 51 6AP. (SAP. ___= PAIR s a 1 °°°=6AP F D IST FLOOR F. F. F. _ ^AIR __=6AP. F. FIXTURES SHALL BE INSTALLED IN ACCORDANCE WITH THE ADA REQUIREMENTS $ LOCAL STATE HOT WATER bAP. SERVICE, PLLC BARRIER FREE REGU I REMENTS. COORDINATE ALL WORK IN FIELD WITH ARCHITECTURAL, HEATER 2" 2" " " „ 5" 2" " 3" „ NEW OUTSIDE MECHANICAL $ ELECTRICAL TRADES. VERIFY ALL EXISTING JOB CONDITIONS $ AS REQUIRED 2" Z. 5" 3" 5' S' 3 5 GREASE TRAP FOR A COMPLETE INSTALLATION. I000 LES 4" TO EXI5TING 5EMR These drawings shall be used for the PLUMBING RISER DIAGRAM specific project location indicated N.T.S. within the Title Block, and shall not BE USED AT ANY OTHER LOCATION. PROJECT : PROPOSED RESTAURANT 1021 PEOPLS SQUARE, WATERLOO, IA 50702 0\�&,�0 00� J\ J\ 00� 00� 00`000 0 v 04 O0O�J\� V �� �� �o Oo Oo � 00 00 JP` O 0 0 �0 �0 Qj ��0� ��0� Ci 00 GOLD WATER INLET THERMAL {Ci' 00 00 �¢ � ¢ Q- 0 0o GLE\/IS HANGER EXPANSION P'0 pct dc� 0� `�0 `�0 �J '� '� U0 �� HOT WATER - TANK O ,/< '�// � e �{� 0 PLUMBING VENT PIPE SUPPLY ��Cj' 0{(j' i0 �{�� �{�� ��0 ti Q SEALANT DISTRICT SECTION BLOCK LOT AUTO SHUT OFF �0 `7\ `Z� q 'gyp 16; 004 0117-110 � � � '¢ U U � 4 4 � __ _ R NG5TAI SET�N ELEGTROMETIRIG GAS SUPPLY PRO. NO. : W-LUE , MASTIC 3/4" I I/2" 3/4" 3/4" 3/4" 3/4" 5/4 PREFABRICATED COVER �TI 3/4 3/4 3/4 3/4 IPE INSULATION ADHERED TO EPDM br MEMBRANE WITH SPL I G I NG DATE 05/20/2025 EXIST- 2 GEMENT RELIEF VALVE PIPE SCALE AS NOTED GAS 3/4 _ DISCHARGE METER CCAS RISER D 1 AGRAM G/ARRI ER PIPE FULL SIZE DRWN BY i SEAL EDGE OF COVER WITH TO FLOOR DRAIN N.T.5. LAP EDGE SEALANT a CHKD BY , TOTAL BTU =1060,1ici6 BTU/HR RIGID INSULATION EXISTING ROOFINGDRAIN VALVE AT SUPPORT LUBRICATED NOTE: 22 GAUGE SHEET PLUG VAVLE I. ALL UNDERGROUND GAS PIPING MUST BE ENCLOSED IN A PIPE SLEEVE AND VENTED METAL INSULATION TO OUTSIDE AIR. SHIELD - 12" LONG 0 2. CONSTRUCTOR MUST PROVIDE SEALED CONNECTION AT EACH PENETRATION, TO u X6\00 EACH APPLIANCE, NO GAS/ODOR CAN LEAK INTO KITCHEN AND RESTAURANT. PIPE HANGER DETAIL P SUMB I NCS VENT DETAILN. PLUMB I NG RISER ND FOR ALL INSULATED PIPING WATER HEATER DETAIL v NO SCALE N.T.S. GAS RISER DIAGRAM NO. REVISIONS DATE EACH COMPARTMENT , OF DRAIN TRAY OF j EACH COMPARTMENT EQUIPMENT HAVING OF DRAIN TRAYPIPING TO BE CONGEALED IN WALL. INDIRECT WASTE OF EOU I PMENT HAVING I NOTE: 3: I CONNECTION SHALL INDIRECT WASTE ALL EXPOSED PIPING AND FITTING U = HAVE SEPARATE 4 CONNECTION SHALL SHALL BE CHROME PLATED. p p INDIVIDUAL LINE RUN HAVE SEPARATE 4 TO FLOOR DRAIN INDIVIDUAL LINE RUNOPT INK A&AIN5T N 5/4" 5/4" GUT-OFF OUTLETS OF TO FLOOR DRAIN wTH z LAMPS SUPPLIED I.D.I.D. ® 45 ANGLE BY SINK MANUFACTURER. I _ _ _ I SEAL & SIGNATURE : FOR5IDE OF I.D. ----------------- ----------- --------------------- STAINLESS STEEL � SUPPLY 5 OPS � \ PIPING SEE PLUMBING 5 COMPARTMENTN — — — — — \\ RISER DIAGRAM SINK I I .� Q PROVIDE RUNNING �� ---------- TRAP ORP TRAP _ _ _ _ _ _ _ _ _ _ RAF-----�Nq WHEN REQUIRED C----------------------- --- - - --- ----------------------- WATTS VALVE TRAP FLOOR SINK -- ----------- - ---r----------- PRIMER VALVE �� MOHAMED SAID cv;' - INTEGRAL FUNNEL 8 FINISHED I I I I I I I I FLOW T GOLD WATER SUPPLY — — — — MAHMOUD STRAINER SECURED MIN. AIR GAP FLOOR LINE I I FIXTURE 1 TO BODY OF 2 VAGUUM BREAKING OGETHER CLOSE P2 38 --- ---J �- - - -� --- --- PORTS FLOOR DRAIN FINISHED 12" MINIMUM TO IF AIR GAP REQUIRED 3"coST IRON PIPING 2' AIR GAP I I FLOOR LINE I NOPRIIZONTAL RUN 1/2" TRAP PRIMER NOTE' IPE 4 5TD.G.1. ROUGH BODY W/ I coNNEGT TO FUNNEL I GONNEGTI ON I : ' 4/14/25 I. SUPPORT LINES FROM UNDER SIDE OF DRAINAGE FLANGE EQUIPMENT A5 DIRECTED. a 9 Ur 2. THIS DETAIL 15 TYPICAL FOR DRAINS FOR DRAIN OUTLET 51ZE SEE ' FROM SINKS, ICE, BINS, EVAP. COILS PLUMBING RISER DIAGRAM SUPPLY STOPS REF. NO. OTHER PIECES OF KITCHEN EQUIPMENT FLOOR WHICH ARE CONSULTANT FOR I 2011 4 2011 4 2011 I 1 1 I DRAIN I JD - 01 12 5 CONNECTION BY PLUMBING CONTRACTOR. ND I REOT WA5TF_ $ FLOOR SINK PIPING DETAIL 5 COMPARTMENT SINK OONNEOT I ON DETAIL TRAP PRIMERS DETAIL INDIRECT FLOOR DRAIN DWG NO. : N.T.S. N.T.5 N.T.S. N.T.S. Page 202 of 316 JD DESIGN ASSOCIATES INC. 3436 UNION ST. SUITE 206 NEW YORK N.Y. 11354 SPEC I F I CATI ONS DUCT DUCT TEL: (212) 966-7828 DUCT DUGT FUSIBLE FUST BLE FUSIBLE FUST BLE FUSI BLE (718)750-0888 THE RESTAURANT FIRE SUPPRESSION SYSTEM SHALL BE NOZZLES OPENING NOZZLES OPENING PLENUM PROTECTION EMAIL: DESIGN@JDNYS.COM THE PRE-ENGINEERED TYPE W I TH A FIXED NOZZLE AGENT ----------- ------------------ LINK 380 LINK 380 LINK 380 LINK 380 LINK 380 DEGREES #NLDI DEGREES DEGREES #NLDI DEGREES DEGREES WWW.JDNYS.COM ZZLE DISTRIBUTION NETWORK. IT SHALL BE LISTED WITH DUCT PROTECTION UNDERWRITERS LABORATORIES, INC. (UL) - --------- NOZZLE ARCHITECTURE■ENGINEERING■INTERIOR DESIGN■CONSULTANT DETECTORS THE SYSTEM SHALL BE CAPABLE OF AUTOMATIC PLENUM PLENUM DETECTION AND ACTUATION WITH LOCAL OR REMOTE I NOZZLES NOZZLE DETECTION LINE-"-'' # NLA # NLA --,--�.- MANUAL ACTUATION. ACCESSORIES SHALL BE AVAILABLE I "- FOR MECHANICAL OR ELECTRICAL GAS LINE SHUT-OFF I EXHAU5T HOOD msm APPLICATIONS. I - PY O CHEM z_ .-'; APPLIANCE PROTEGTIO THE EXTINGUISHING AGENT SHALL BE A POTASSIUM �� NOZZLE ENGINEERING CARBONATE, POTASSIUM ACETATE-BASED FORMULATION M DEL# z DESIGNED FOR FLAME KNOCKDOWN AND SEGUREMENT OF PCLS O LIQUID RANGE FRYER FRYER STOCK POT tu UL 00 FIRE ' SERVICE, PLLC GREASE RELATED FIRES. IT SHALL BE AVAILABLE IN NOZZLES #NLR NOZZLES NOZZLES NOZZLES RANGE Q SUP RESSION ' •, PLASTIC CONTAINERS WITH INSTRUCTIONS FOR LIQUID #NLR #NLF2 #NLF2 NOZZLES SYSTEM AGENT HANDLING AND USAGE. O O BURNER NOODLE STOCK ROT ' SYSTEM CONTROL AUTOMAN THE REGULATED RELEASE MECHANISM SHALL BE RANGE COOKER RANGE WITH AGENT TANK ENCLOSED These drawings shall be used for the COMPATIBLE WITH A FUSIBLE LINK DETECTION SYSTEM. specific project location indicated THE FUSIBLE LINK SHALL BE SELECTED AND INSTALLED 2 CHINESE woKs ® within the Title Block, and shall not ACCORDING TO THE OPERATING TEMPERATURE IN THE DEEP DEEP REMOTE BE USED AT ANY OTHER LOCATION. RIGS VENTILATING FRYER FRYER PULL STATION SYSTEM. THE FUSIBLE LINK SHALL BE SUPPORTED BY A AUTOMATIC GAS COOKER TYPICAL AN51JIL R102 51'5TEM LAYOUT PROJECT DETECTOR BRACKET/ LINKAGYellT�E ASSEMBLY. VALVE 2" REMOTE MOUNTED AUTOMAN GAS GOOK I NG APPLIANCES THAT ARE VENTED BY TYPE I0 N.T.5. OR TYPE 11 EXHAUST HOODS SHALL BE INTERLOCKED TO REMOTE MANUAL PROPOSED PREVENT APPLIANCE OPERATION WHEN HOOD 15 NOT IN OPERATION. PULL STATION MIN.10' FROM HOOD FIRE SUPPRESSION S`I'STEM FOR KITCHEN HOOID RESTAURANT N.T.S. NOTE: SHOP DRAWING WILL PROVIDED BY THE CONTRACTOR EXIST. ROOFING 1021 PEOPLS SQUARE, 5/4" ROOF DECK WATERLOO, IA 50702 2"X2"X I/4" L ®EACH ROD 5/5" THREADED AT TOP OF ROD JOIST ONLY NOTES: ONE SENSOR PER RI5ER — — — — DISTRICT SECTION BLOCK LOT MULTIPLE SENSORS ON SAME FAN SWITCH WIRED IN PARALLEL — — — — SENSOR MAY BE INSTALLED ON I N5I DE OR OUT5I DE OF OU I GKSEAL. NUT PRO. NO. WHEN INSTALLED IN RISER, INSTALL AS SHOWN FOR SENSOR ACE55 FROM HOOD. WHEN INSTALLED IN DUCT, INSTALL ON OPPOSITE SIDE OF QUI GKSEAL, OR A5 SHOWN WITH AGE55 DOORR6�ANABILITY. 1/2"NPT QUIK SEAL (EXTERNAL SURFACE) 3/S" THREADS DATE 0�/28/202�J ADAPTER BODY ROD g 4'-0" TO ART#32-0 2 I& GA. WELDED HANG FRONT OF EXISTING WOOD SCALE AS NOTED 1 1/8"-11/4"DIAMETER HOLE EXHAUST DUCT HOOD J0I5T ® 16" O.G. EXTENSION RING DRWN BY 59361-I/2 VULCAN GALSTAT PART32OOL2CK SHER) BUTLER " NON-COMBUSTIULE CHKD BY (NORMALLY OPEN, 0 "NOTE: EXTENSION APPROVED - - RING TO BE CURBS SPACE CLOSE ON RISE ® 85 F) TACK V�LDED TO DUCT OR RISER 1/2"GUIK SEAL(GASKET) PART#52-00002 f*�_ NIRE MESH OR EXTENSION RING COVER SHEET METAL CONNECTION OF HOOD SUSPENSION I/2"NPT QUIK SEAL MUT) 100-13A I" MINERAL WOOL BAT F I RE SUPPRESS I ON ® PART#32-00002 I MIN. 22 GA. SHEET S v STEM SENSOR FACTORY SET AT 85 DEGMETAL K I TGHEN DEGREES F. -1 � -DUGT{ —1 �DUGTl TURN SET SGREW CLOCKWISE TO DEGREASE SET POINT, 3" 3" 3" 3" VENTILATOR COUNTER-CLOGKNISE TO INCREASE SET POINT SECTION VIEW PLAN VIEW ADJUSTMENT IS 1-10 DEGREES F PER REVOLUTION DUCT DETA I L/PLAN VIEW PP OPTION SENSOR INSTALLATION N.T.S. NO. REVISIONS DATE N.T.S. z_ METAL SCREW 8" O.G. O PSP HANGING ANGLE ALL ROOF ROOF CURB PENNETRATI ON I/2" DIA. ALL THREAD ROD STEEL HANGING ANGLE CORNER HANGING ANGLE SHALL SEAL BY SEAL & SIGNATURE GONNEGTED TO ROOF JOIST cV I2 O.G. 5 HEAVY THROUGH ANOTHER I/2" DIA. ALL THREAD ROD STEEL HANGING ANGLE LANDLARD'S DUTY SCREW HANGING ANGLE CONNECTED TO ROOF JOIST GONTRATOR I2„ O C ��� `QRpF---- THROUGH ANOTHER ��'��, HANGING ANGLEv ",! MOHAMED SAID ��,A 77 Q = I MAHMOUD N ? P2 38 I/2" DIA. HEAVY DUTY NUT I/2" DIA. HEAVY DUTY NUT EXISTING X �����"` o AND WASHER - ONE ABOVE ABOVE EXISTING MULTIPLY AND ONE BELOW HANGG ANGLE THERMAL ROOF SYSTEM AND ONE BELOW HANGING ANGLE INSULATION 4/14/25 EXISTING COVER ROD, NUTS, AND WASHERS TO BE SUPPLIED BY INSTALLING CONTRACTOR EX I STING BOARD INSULATION HANGING ANGLE IS PRE—PUNCHED AT FACTORY ROD, NUTS, AND WASHERS TO BE SUPPLIED BY INSTALLING CONTRACTOR SUPPORTREF. NO. : HANGING ANGLE IS PRE—PUNCHED AT FACTORY STEEL EXISTING METAL DECK 22 GA. JD - 01 12 5 ROOF PENETRATION DETAIL N.T.S. DWG NO. : NOTE: FIRE CAULK ALL ROOF OR FIRE WALL PENETRATIONS. ROOF SUPPORT STEEL FOR ALL YOU RTE 0 0 Page 203 of 316 JD DESIGN SHALL ASSOCIATES INC. BE HINGED r - - - - - � EXHAUST HOOD GFENFERAL NOTES: HINGE GREASE DRAIN I I 3436 UNION ST. SUITE 206 NEANEW YORK N.Y. 11354 ROOF CURB KITCHEN RE-FAB. INSULATED I MAKE-UP AIR I TEL: (212) 966-7828 1. FIRE SUPPRESSION SYSTEM SHALL BE INSTALLED BY L I CENSE OF INSTALLER SECURE THE ROOF VENTILATOR ROOF CURB. BEAR ON z I VENTILATOR (718)750-0888 UNDERNEATH THE HOOD TOP UNITS TO STRUCTURAL FRAMING. WITHSTAND A MIN. OF NOT ON ROOF DECK, r_ _ _ _ J EMAIL: DESIGN@JDNYS.COM 2. GONTRAGTOR SHALL SUBMIT SHOP DRAWINGS AND MANUFACTURERS DATA 120 MPH WINDSPEED. PROVIDE REINFORCING O I-T T-I WWW.JDNYS.COM BEFORE INSTALLATION. 2"X2"XI/4" WHERE NECESSARY. `t 5. ALL W I R I NO AND ELECTRI GAL EQUIPMENT SHALL COMPLY WITH NFPA -70 THE ANGLE IRON ARCHITECTURE■ENGINEERING■INTERIOR DESIGN■CONSULTANT NATIONAL ELECTRICAL CODE. WITH BEAM O METAL FLASHING 4. PRO\/IDE GLEAN OUT AT THE BASE OF EACH \/ERTICAL RISER THAT O\/ER 20" CLAMPS ROOF AND HORIZONTAL DUCT E\/ERY 12 . 5. HOOD 15 FABRI GATED AS ACCORDING TO NEPA CODE -�6. ALL SEAMS, JOINTS cv Q msm AND PENETRATIONS ARE CONT I NUOUSLI' WELDED AS LIQUID TIGHT AND I � I CONSTRUCTED WITH NO. 186A. STAINLESS STEEL. Ex1sT1N� Jo1ST� / �\ � 6BL ROD BLANKET BLANKET ROD #I GA. G/I I/2" O . DUCTS ARE CONSTRUCTED WITH 166A. METAL IRON AND SHALL BE WELDED AS Sia FIRE �E sib m #V BRACKET (TVP.) ENGINEERING LIQUID TIGHT. \ IOLE, 2"X2"X2" WELD SERVICE, PLLC -7. HOOD AND DUCT SHALL HAVE A MINIMUM GLEARANCE OF 18 FROM ANY TO TOP OF HOOD COMBUSTIBLE MATERIAL. GE I L I NG 8. THE KITCHEN EXHAUST SYSTEM SHALL BE INSTALLED PER THE INTERNATIONAL LAY-IN MECHANICAL GODS AND MANUFACTURER'S SPECIFICATION. CEILING These drawings shall be used for the cf. MAKE UP FAN AND EXHAUST FANS SHALL BE ELEGTRICALLI' INTERLOCKED, AND PROVIDE specific project location indicated PRO\/IDE ONE SWITCH FOR BOTH FANS. 5/S SKIRT P IDE S/S TO CEILING SKIRT TO within the Title Block, and shall not EXHAUST HOOD #1 17'-6" CEILING BE USED AT ANY OTHER LOCATION. MIN. 6" MIN. 6" PROJECT OVERHANG H 6" HIGH H OVERHANG STAINLESS STEEL SE ARATION GUARD PROPOSED woRK RESTAURANT RICE DEEP DEEP TABLE COOKER 0� p� FRYER FRYER 1021 PEOPLS SQUARE, 2 WOKS o 0 0 0 a a s 8 0 o WATERLOO, IA 50702 4 BURNER S OGKPOT RANGE RANGE NOODLE o ® COOKER ° 77 FLOOR 1G I TGHF_N HOOD FRONT \11 EVi DISTRICT SECTION BLOCK LOT PRO. NO. : DATE 05/28/2025 SCALE AS NOTED DRWN BY MAKE-UP AIR 10' MIN. UL APPROVED CHKD BY SUPPLY COMMERCIAL // KITCHEN UP BLAST /VE NTI LATOR EXHAUST FAN �� ST EL CHAIN CARD FLEX GABLE CARTFLEX CONNECT TO / /// G ASE DRAIN ll CONNECTBLE TO EXHAUST FAN HINGE �� / HOOD ELEVATION MAKE-UP FAN PRE-FAB. INSULATED ROOF CURB. BEAR ON STRUCTURAL FRAMING. 0 NOT ON ROOF DECK, PROVIDE z REINFORCING WHERE NECESSARY. ROOF CURB METAL FLASHING ME AL FLASHING ROOFAll 71 5M FIRE DUCT WARP 0 615+ APPLY MIN. 1/2" W. EXISTING JOIST 0.015" THICK. S.S. BANDS, NO. REVISIONS DATE 4 SECURED W/MIN. I L., LU S.S. CRIMP CLAMPS. INTERNAL SOUND ROOD Q Ro ABSOR INC DUCT FLEXIBLE PIPE FOR AIR RETURN 3 TO LIMITED- LINING COMBUSTIBLES 3" STANDOFF FIRE LAY-IN CEILING DAMPER SKIRT TO CEILING UL CLASSIFIED $ MEA PROVIDE STAINLESS - MAKE-uP APPROVED FILTERS SEAL & SIGNATURE : STEEL N AIR REMOVABLE GREASE ,.``� pFESS10 ''''% HOOD GAP (5"W x 2"H x 14'-6"L) . QR.- �F%'�. 4' _J MOHAMED SAID?c��= I/2" DUROCK GEMENT = i MAHMOUD VAPORPROOF INCANDESCENT BOARD EXTEND P2 38 LIGHT FIXTURE W/ WIRE GUARD 18" ALL DIRECTIONS % . MAKE-UP AIR WILL BE TEMPERED EXIST. WALL , THROUGH SHORT CIRCUIT HOOD SYSTEM <r '����,,,,,,,,00 20 6A. STAINLESS STEEL 4/14/25 PANEL SECURED TO WALL W/ SCREWS CONGEALED BY TOP MOLDING 4 BY REF. NO. : KICK PLATE STAINLESS STEEL KICK JD - 01125 PLATE ATTACHED W/ STAINLESS STEEL DWG NO. : FLOOR FASTENERS. 0 o O (D <TCHEN EHOOD S 1 IDE VIEW N. Page 204 of 316 FOR QUESTIONS, CALL THE PATENT NUMBERS JD D AC-PSP(UNITED STATES)-US PATENT 7963830 B2. HOOD CORNER FULL LENGTH SUPPLY PLENUM NYC Special Accounts 1l2"-13 TPI HANGING ANGLE 1l2"-13 TPI HANGING ANGLE AC-PSP WALL(CANADA)-CA PATENT 2820509. 1/2"-13 TPI HANGING ANGLE REGION 34 AC-PSP ISLAND(CANADA)-CA PATENT 2520330. sTE�EHEZMNUMSM' (HARDWARE BY INSTALLER) srEEDLHE(xNUTSM) (HARDWARE BY INSTALLER) GRADE 5(MINIMUM) (HARDWARE BY INSTALLER) PHONE:(917)671 -6534 STEEL HEX NUTS. EMAIL:reg34@econair.com 1l2"GRADE 5 1l2"GRADE 5 1/2"GRADE 5 ASSOCIATES INC. (MINIMUM)STEEL (MINIMUM)STEEL (MINIMUM)STEEL FLAT WASHER. FLAT WASHER. FLAT WASHER. HOOD INFORMATION — JOB 7427678 EXHAUST PLENUM HOOD CONFIG HOOD MAX APPLIANCE DESIGN TOTAL RISER(S) TOTAL HOOD 1/2"-13 TPI 1/2"-13 TPI 1/2"-13 TPI 3436 UNION ST. SUITE 206 TAG MODEL MANUFACTURER LENGTH COOKING TYPE SUPPLY END TO GRADE 5(MINIMUM) GRADE 5(MINIMUM) GRADE 5(MINIMUM) NO TEMP DUTY CFM/FT EXH CFM WIDTH LENG HEIGHT DIA CFM VEL SP CFM CONSTRUCTION END ROW STEEL ALL-THREAD. STEEL ALL-THREAD. STEEL ALL-THREAD. NEW YORK N.Y. 11354 1l2"-13TPI TEL: (212) 966-7828 5424 600 430 SS GRADE 5(MINIMUM) 1/2"-13 TPI 1/2"-13 TPI 1 ECON-AIR 8'9" 1 HEAVY 275 2406 14" 16" 4" 2406 1547 -0.436" 1684 LEFT ALONE STEEL HEX NUT. GRADE 5(MINIMUM) GRADE 5(MINIMUM) EX-2-PSP-F DEG WHERE EXPOSED STEEL HEX NUT. FULLLENGTH STEEL HEX NUT. SUPPLY PLENUM (718)750-0888 1/2"GRADE 5 HOOD CORNER 5424 430 SS )STEEL HANGING ANGLE 1/2"GRADE 5 HANGING ANGLE HANGING ANGLE 600 MINIMUM WEIGHTBEARING (WEIGHTBEARING 1/2"GRADES (WEIGHTBEARING EMAIL: DESIGN@JDNYS.COM 2 ECON-AIR 8'8" I HEAVY 275 2383 14" 16" 4" 2383 1532 0.428" 1668 RIGHT ALONE FLATWASHER. (MINIMUM)STEEL ANCHOR POINT (MINIMUM)STEEL ANCHOR POINT EX-2-PSP-F DEG WHERE EXPOSED ANCHOR CHOODOINT FLATWASHER. FOR HOOD). FLATWASHER. FOR SUPPLY PLENUM). WWW.JDNYS.COM HOOD INFORMATION 1/2"GRA FILTERS LIGHTS UTILITY CABINETS 1/2"GRADE 5 ENGINEERING■INTERIOR DESIGN■CONSULTANT FILTER(S) LIGHT(S) CABINET(S) (MINIMUM)STEEL ARCHITECTURE■ FIRE HOOD (MINIMUM)STEEL FLATWASHER. HOOD FIRE SYSTEM ELECTRICAL SWITCHES FLAT WASHER 1/2"GRADE TAG WIRE SYSTEM HANGING NO TYPE QTY HEIGHT LENGTH EFFICIENCY @ 7 MICRONS QTY TYPE LOCATION SIZE (MINIMUM)srEEL GUARD TYPE SIZE MODEL# QUANTITY PIPING WEIGHT Ll 1/2"-13 TPI FLATWASHER. 1/2"-13 TPI GRADE 5(MINIMUM) 1l2"-13 TPI GRADE 5(MINIMUM) 1 LIGHT STEEL HEX NUTS. GRADE 5(MINIMUM) STEEL HEX NUT. 1 SS BAFFLE WITH HANDLES 6 20" 16" 30% 5 RECESSED ROUND NO LEFT 12"x54"x24" DCV-1111 NO 601 STEEL HEX NUT. 1 FAN LBS msm ASSEMBLY INSTRUCTIONS ASSEMBLY INSTRUCTIONS ASSEMBLY INSTRUCTIONS 2 SS BAFFLE WITH HANDLES 6 20" 16" 30% 5 RECESSED ROUND NO NO LBS HANGING ANGLE MUST BE SUPPORTED WITH 1/2"- 13 TPI GRADE 5 HANGING ANGLE MUST BE SUPPORTED WITH 1/2"- 13 TPI GRADE 5 HANGING ANGLE MUST BE SUPPORTED WITH 1/2"- 13 TPI GRADE 5 (MINIMUM)ALL-THREAD.SANDWICH HANGING ANGLES AND CEILING (MINIMUM)ALL-THREAD. SANDWICH HANGING ANGLES AND CEILING (MINIMUM)ALL-THREAD.SANDWICH HANGING ANGLES AND CEILING ANCHOR POINTS WITH 1/2"GRADE 5(MINIMUM)STEEL FLAT WASHERS ANCHOR POINTS WITH 1/2"GRADE 5(MINIMUM)STEEL FLAT WASHERS ANCHOR POINTS WITH 1/2"GRADE 5(MINIMUM)STEEL FLAT WASHERS ENGINEERING HOOD OPTIONS AND 1/2"-13 TPI GRADE 5(MINIMUM)HEX NUTS AS SHOWN. MUST USE AND 1/2"- 13 TPI GRADE 5(MINIMUM)HEX NUTS AS SHOWN. MUST USE AND 1/2"- 13 TPI GRADE 5(MINIMUM)HEX NUTS AS SHOWN. MUST USE HOOOD TAG OPTION DOUBLED HEX NUT CONFIGURATION BENEATH HOOD HANGING DOUBLED HEX NUT CONFIGURATION ABOVE CEILING ANCHORS. DOUBLED HEX NUT CONFIGURATION ABOVE CEILING ANCHORS. SERVICE PLLC ANGLES AND ABOVE CEILING ANCHORS. MAINTAIN 1/4"OF EXPOSED SINGLE HEX NUT BENEATH HANGING ANGLE IS ACCEPTABLE FOR SINGLE HEX NUT BENEATH HANGING ANGLE IS ACCEPTABLE FOR PSP REVISIONS 1 LEFT QUARTER END PANEL 23" TOP WIDTH, 0" BOTTOM WIDTH, 23" HIGH 430 SS. THREADS BENEATH BOTTOM HEX NUT.TORQUE ALL HEX NUTS TO 57 FULL LENGTH HANGING ANGLES. MAINTAIN 1/4"OF EXPOSED HANGING ANGLES. MAINTAIN 1/4"OF EXPOSED THREADS BENEATH DESCRIPTION DATE: RIGHT END STANDOFF(FINISHED) 1" WIDE 54" LONG INSULATED. FT-LBS. THREADS BENEATH BOTTOM HEX NUT.TORQUE ALL HEX NUTS TO 57 BOTTOM HEX NUT.TORQUE ALL HEX NUTS TO 57 FT-LBS. 2 .FT-LBS RIGHT WALL AS END PANEL. Q S RISER(S) These drawings shall be used for the HOOD TAG POS LENGTH WIDTH HEIGHT TYPE NO WIDTHLENG DIA CFM SP MUA 10" 28" 560 0.146" FACTORY NSTAL EDN specific project location indicated 1"LAYER OF INSULATION 1 Front 117" 16" 6" MUA 10" 28" 560 0.146" 1.00"END STANDOFF MEETS within the Title Block, and shall not o"REQUIREMENTS CLEARANCE BE USED AT ANY OTHER LOCATION. MUA 10" 28" 560 0.146" TO COMBUSTIBLE SURFACES. MUA 10" 28" 556 0.144" 2 Front 105" 20" 6" MUA 10" 28" 1 556 1 0.144" 3., „ E • PROJECT : MUA 1 10" 28" 1 556 1 0.144" c E 14" 14" OU 0 Lm 1� L_: co FROPOSEP RESTAURANT 16" 16" a71 EXHAUST FAN INFORMATION — JOB 7427678 54" 54" U.L.LISTED RECESSED ROUND LED U.L.LISTED RECESSED ROUND LED J FAN MOTOR DISCHARGE WEIGHT o FIXTURE AND LED LIGHT. FIXTURE AND LED LIGHT. Q 1021 PEOPLS SQUARE, UNIT TAG QTY FAN UNIT MODEL# MANUFACTURER CFM ESP RPM HP BHP PHASE VOLT FLA SONES 2 NO ENCL VELOCITY (LBS) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Lu WATERLOO, IA 50702 0 0 1 1 EADU240H ECON-AIR 4789 1.500 942 TEFC,PREMIUM 3.000 2.3770 3 208 10.1 1088 FPM 362 17.5 • v MUA FAN INFORMATION — JOB 7427678 UT LITY H rn FAN MIN DESIGN MOTOR WEIGHT CA 311 ET. *+ Q UNIT TAG QTY FAN UNIT MODEL# BLOWER HOUSING CFM CFM ESP RPM ENCL HP BHP PHASE VOLT FLA MCA MOCP (LBS) SONES 28 28 28 O O O C „ „ NO 2 1 EA2-D.500-20D 20MF-2-MOD A2-D.500 2000 3352 0.500 1329 ODP,PREMIUM 2.000 1.3180 3 208 8.3 10.4A 15A 696 11.3 ® ® ® V 16" 10" 10" 10" 1 20" Q " GAS FIRED MAKE—UP AIR UNITS 81 Field Cut 8„ _L_ 8„ Fiel Cut _R UNIT FAN INPUT OUTPUT BURNER 10, ,0) °' DISTRICT SECTION BLOCK LOT NO TAG BTUs BTUs TEMP RISE REQUIRED INPUT GAS PRESSURE GAS TYPE EFFICIENCY(%) ® ® INSTALLER MUST CONFIRM HOOD IS INSTALLED SUCH 0 Q. Lu THAT THE SPECIFIED WALL,ACTING AS AN END PANEL, N Z 2 301996 277836 80°F 7 IN.W.C.-14 IN.W.C. NATURAL 92 IS MATED TIGHT TO THE CORRECT END OF HOOD TO ACHIEVE A REDUCED MINIMUM EXHAUST CFM LISTING. `V ° PRO. NO. 521/2" 521/2" NON-COMPLIANCE WILL NULLIFY THE ETL LISTING, r d FAN OPTIONS52" 52" VOID THE MANUFACTURER'S WARRANTY,AND HOLD THE Z CD FAN CONTRACTOR LIABLE FOR ANY AND ALL LOSSES,COSTS, � UNIT TAG QTY DESCRIPTION 19 1/2 39" 39" AND EXPENSES RELATED TO THE NON-CONFORMANCE OF THE MANUFACTURER'S SPECIFIED INSTRUCTION.THE NO 121WALL ACTING AS AN END PANEL MUST EXTEND NO LESS Z 19 1/4" 33 1/4" 331/4" 1 GREASE BOX 8'9"NOM./8'9.00"OD. THAN 20"FROM THE INTERSECTING WALL THAN WHICH HOOD DATE 05/20/2025 IS MOUNTED AND MUST EXTEND NO LESS THAN 20"UNDER 1 1 FAN BASE CERAMIC SEAL-DU/DR240HFA-INSTALLED AT PLANT-FOR GREASE DUCTS 8'8"NOM./8'8.00"OD. BOTTOM OF HOOD TO BE ELIGIBLE FOR REDUCED 9'-9.00"OVERALL LENGTH MINIMUM EXHAUST CFM LISTING. SCALES NOTED 1 2 YEAR PARTS WARRANTY 8'-9.00"OVERALL LENGTH 1 SIZE 2 TEMPERED COMMERCIAL DOWN DISCHARGE FOR DIRECT DRIVE AHUS DRWN BY 1 INLET PRESSURE GAUGE,0-35" 1 18'-6.00"OVERALL LENGTH MANIFOLD PRESSURE GAUGE,-5 TO 15"WC CHKD BY 1 BUTTERFLY MOD VALVE OPTION FOR MOD SIZE 2(1"MOD VALVE) PLAN VIEW — HOOD #1 PLAN VIEW — HOOD #2 1 MOTORIZED BACKDRAFT DAMPER FOR A2-D HOUSING-MEETS AMCA CLASS 1A RATING 8' 9.00 LONG 5424EX-2—PSP—F 8' 8.10 LONG 5424EX-2—PSP—F 0 1 CONTROL PANEL ENCLOSURE HEATER 100W-RECOMMENDED FOR WINTER DESIGN TEMPERATURES Ch 2 LESS THAN 0°F 1 SEPARATE 120V WIRING PACKAGE(REQUIRED AND USED ONLY FOR DCV OR PREWIRE WITH Not VFD)-THREE PHASE ONLY 1 SIZE 2 DIRECT FIRED HEATER LOW CFM PROFILE PACKAGE-USED ON HEATERS UNDER 2500 CFM SHOP DRA�/� I I `�I O 1 2 YEAR PARTS WARRANTY 1 EXTERIOR GAS CONNECTION PROVIDED BY FACTORY WITH QUICK SEAL AND ANTI-ROTATION BRACKET RECESSED ROUND LED FIXTURE AND LED LIGHT, RECESSED ROUND LED FIXTURE AND LED LIGHT, FAN ACCESSORIES 3500 K WARM OUTPUT. 3500 K WARM OUTPUT. 54" 54" EXHAUST SUPPLY FAN EXHAUST RISER. EXHAUST RISER. UNIT TAG ATTACHING PLATES. ATTACHING PLATES. O NO GREASE GRAVITY WALL SIDE GRAVITY MOTORIZED WALL FIELD CUT SUPPLY RISER WITH FIELD CUT SUPPLY RISER WITH O HANGING ANGLE. VOLUME DAMPER. HANGING ANGLE. VOLUME DAMPER. _ CUP DAMPER MOUNT DISCHARGE DAMPER DAMPER MOUNT SEE HOOD TA E. SEE HOOD TA E. L 23.5%OPEN STAINLESS 1_ 23.5%OPEN STAINLESS ^^'' 1 YES 2 3/4" STEEL PERFORATED PANEL. 2 3/4„ STEEL PERFORATED PANEL. 2 YES+_ - 20"SS BAFFLE WITH 20"SS BAFFLE WITH j NO. REVISIONS DATE CURB ASSEMBLIES HANDLES AND HOOK. HANDLES AND HOOK. NO ON FAN WEIGHT ITEM SIZE 3"INTERNAL STANDOFF. 16„ 3"INTERNAL STANDOFF. 20 24"NOM. 24"NOM. \y L 1 #1 43 LBS CURB 31.500"W X 31.500"L X 20.000"H VENTED HINGED. 1s" 18" m 2 #2 80 LBS CURB 31.000"W X 79.000"L X 20.000"H INSULATED. L N IT IS THE RESPONSIBILITY IT IS THE RESPONSIBILITY 07 M O HMI SCHEDULE OF THE ARCHITECT/OWNER TO OF THE ARCHITECT/OWNER TO ENSURE THAT THE HOOD CLEARANCE /7ENSURE THAT THE HOOD CLEARANCE '07^ MODBUS FROM LIMITED-COMBUSTIBLE FROM LIMITED-COMBUSTIBLE U) V) O UNIT NUMBER HMI# HMI LOCATION TEMP AVERAGING ADDRESS AND COMBUSTIBLE MATERIALS AND COMBUSTIBLE MATERIALS ^' Ln IS IN COMPLIANCE WITH IS IN COMPLIANCE WITH FAN#2 HMI#1 -UNIT IN UNIT NOT AVERAGED 55 LOCAL CODE REQUIREMENTS. 23" LOCAL CODE REQUIREMENTS. Q _� a_ SEAL & SIGNATURE : O N 0 ,�oQ�pFESSIONq� ., 48.0"MAX. 48.0"MAX. _0 C- GREASE DRAIN GREASE DRAIN L 4v=1 WITH REMOVABLE CUP. 23" WITH REMOVABLE CUP. ^' MOHAMED SAID UD CLEARANCE TO COMBUSTIBLES LEFT QUARTER END PANEL. O N (a _ MAHMO C) �' P28238 HOODS# SURFACE "CLEARANCE TOP 18" 80 80" " / '! --- FRONT 0" DATE: 3/25/2025 1 BACK 18" RIGHT WALL AS END PANEL. DWG•#: LEFT 0" 7427678 4/14/25 RIGHT 18" EQUIPMENT EQUIPMENT TOP 18" BY OTHERS. BY OTHERS. BY: MORABITO DRAWN • REF. NO. FRONT 0" 3/4"s = 1;-o», JD - 01 12 5 2 BACK 18" LEFT 18" RIGHT 0" MASTER DRAWING *0"CLEARANCE TO COMBUSTIBLES CONFORMS TO UL710 DWG NO. : STANDARD. HOOD MOUNTED UTILITY CABINETS REQUIRE 36"SERVICE CLEARANCE. SECTION VIEW — MODEL 5424EX-2—PSP—F SECTION VIEW — MODEL 5424EX-2—PSP—F Mr-13II-40 HOOD — 1 HOOD — #2 SHEET NO. 1 Page 205 of 316 FAN#2 EA GAS F0-20D-HEATER 37 3/8" JD D 1.DIRECT GAS FIRED HEATED MAKE UP AIR UNIT WITH 20"MIXED FLOW DIRECT DRIVE FAN. 85/16, 16" 2.INTAKE HOOD WITH EZ FILTERS. 3.DOWN DISCHARGE-AIR FLOW RIGHT->LEFT. 4.DOWN DISCHARGE CONSTRUCTION FOR SIZE 2 DIRECT DRIVE AHUS. ° E"? OPTIONS: ASSOCIATES INC. 5.GAS PRESSURE GAUGE,0-35",2.5"DIAMETER,1/4"THREAD SIZE. CURB OUTER WALL. -FULL BOTTOM CORNERS. 6.GAS PRESSURE GAUGE,-5 TO+15 INCHES WC.,2.5"DIAMETER,1/4"THREAD SIZE. LIFTING LUG.7.BUTTERFLY MOD VALVE OPTION FOR MOD SIZE 2(1"MOD VALVE). DISCHARGE OPENING. 8.MOTORIZED BACK DRAFT DAMPER 22.75"X 24"FOR SIZE 2 STANDARD&MODULAR HEATER UNITS W/EXTENDED SHAFT,STANDARD GALVANIZED NSTRUCTION,3/4"REAR FLANGE,LOW LEAKAGE, LF120S ACTUATOR INCLUDED. 9.°CONTROL PANEL ENCLOSURE HEATER,INCLUDES 100W,120V HEATER. RECOMMENDED FOR WINTER DESIGN TEMPERATURE LESS THAN 01F.OPERATES 3436 UNION ST. SUITE 206 INGLE MODULES OR RTU. 0 ONCONTROLS PCB S PARATE1220VAC WIRING° NG PACKAGE FOR MAKE-UP AIR UNITS.OPTION MUST BE SELECTED WHEN MOUNTING VFD IN PREWIRE PANEL OR WITH DCV NEW YORK N.Y. 11354 PACKAGE.PROVIDES SEPARATE 120VAC INPUT TO SUPPLY FAN.THIS 120V SIGNAL MUST BE RUN BY ELECTRICIAN FROM DCV TO MUA SWITCH. TEL: (21 2) 966-7828 11.PROFILE PLATE CONFIGURATION FOR SIZE 2 DIRECT FIRED UNIT FOR LOW CFM APPLICATIONS. L OLO 12.HINGED DOUBLE WALL INSULATED DOOR ASSEMBLY(BURNER/BLOWER SECTION). 79" (718)750-0888 13.EXTERIOR GAS CONNECTION PROVIDED BY FACTORY WITH QUICK SEAL AND ANTI-ROTATION BRACKET. AIRFLOW. 31" 14.2 YEAR PARTS WARRANTY. 183/4" EMAIL: DESIGN@JDNYS.COM `NOTE:SUPPLY DUCT MUST BE INSTALLED TO MEET SMACNA STANDARDS.A MINIMUM STRAIGHT DUCT LENGTH MUST BE MAINTAINED DOWNSTREAM OF 00 WWW.J DNYS.COM UNIT DISCHARGE AS OUTLINED IN AMCA PUBLICATION 201.WHEN USING RECTANGULAR DUCTWORK,ELBOWS MUST BE RADIUS THROAT,RADIUS BACK WITH TURNING VANES.FLEXIBLE DUCTWORK AND SQUARE THROAT/SQUARE BACK ELBOWS SHOULD NOT BE USED.ANY TRANSITION AND/OR TURNS IN THE 3 3/4" ARCHITECTURE■ENGINEERING.INTERIOR DESIGN■CONSULTANT DUCTWORK WILL CAUSE SYSTEM EFFECT.SYSTEM EFFECT WILL DRASTICALLY INCREASE STATIC PRESSURE AND REDUCE AIRFLOW.DO NOT RELY ON UNIT T TO SUPPORT DUCT IN ANY WAY.FAILURE TO PROPERLY SIZE DUCTWORK MAY CAUSE SYSTEM EFFECTS AND REDUCE PERFORMANCE OF THE EQUIPMENT. 0 I SUGGESTED STRAIGHT DUCT SIZE IS 20"x 20". 20" CURB. 6 1/8" 20" SUPPLY SIDE HEATER INFORMATION: 16 1/4" WINTER TEMPERATURE_-5°F. TEMP.RISE=80"F. t4 msm BTUs CALCULATED OFF ACTUAL AIR DENSITY. OUTPUT BTUs AT ALTITUDE OF 0.0 FT.=286486. 20"EQUIPMENT CURB. 20 GAUGE INPUT BTUs AT ALTITUDE OF 0.0 FT.=311398. 1 STEEL OUTPUT BTUs AT ALTITUDE OF 846 FT.=277836. 31" CONSTRUCTION. INPUT BTUs AT ALTITUDE OF 846 FT.=301995. FLEX ROOF OPENING 2"SMALLER THAN CURB DIMENSION. CONDUIT FOR FIELD ENGINEERING WIRING. 3"FLANGE. 1357/8" UCRIF1SNONS [)AM. SERVICE, PLLC 0 0 40 1/8" 42 1/8" GREASE DUCT & CHIMNEY SPECIFICATIONS: These drawings shall be used for the PROVIDE GREASE DUCT EQUAL TO ECON-AIR MODEL "EDW" 0 specific project location indicated AMU within the Title Block, and shall not AIRFLOW. I ECT FIRED MODULE. ROUND 20 GAUGE 430 STAINLESS STEEL DUCTWORK. MODEL "EDW" BE USED AT ANY OTHER LOCATION. 39 9/16" AIRFLOW. �� IS LISTED TO UL-1978 AND IS INSTALLED USING V" CLAMP LOCKING SERVICE DISCONNECT CONNECTIONS SEALED WITH 3M FIRE BARRIER 2000 PLUS. MODEL "EDW" 0 PROJECT O 363/4" SWITCH. 1"NPT. U BLOWER/MOTOR DOES NOT REQUIRE WELDING PROVIDING IT HAS BEEN INSTALLED PER c ACCESS DOOR o o THE MANUFACTURES INSTALLATION GUIDE. L � °_ CL SERVICE i�iZO 'OS D CLEARANCE REQ. ns PROVIDE RATED ACCESS DOORS AT EVERY CHANGE IN DIRECTION AND EVERY 12' ON CENTER. PER MANUFACTURES LISTING MODEL "EDW" HORIZONTAL RUNS LESS THAN 75 FT. CAN BE SLOPED 1/16" PER 12", fi� STAUfi�ANT 713/16" HORIZONTAL RUNS MORE THAN 75 FT. CAN BE SLOPED 3/16" PER 12". MINIMUM 161'4" DUCT SHOULD BE SLOPED AS MUCH AS POSSIBLE TO REDUCE THE CHANCE OF GREASE ACCUMULATION IN a 1021 PEOPLS SQUARE, STRAIGHT DUCT BUJ PERAMCA` HORIZONTAL RUNS. WATERLOO, IA 50702 C) DIRECT FIRED(DF)PROFILE PLATE ASSEMBLY r- 79" n DIRECT FIRED PROFILE PLATE SPECIFICATIONS: DESCRIPTION: IF THE DUCT OR CHIMNEY IS WITHIN 18 INCHES OF COMBUSTIBLE MATERIAL, PROVIDE UL-2221 OR UL-103 HT r DIRECT FIRED BURNERS SHALL HAVE PATENTED(US PATENT NO.:US6629523132),SELF-ADJUSTING PROFILEX PLATES DESIGNED TO ENSURE PROPER AIR VELOCITY AND PRESSURE DROP ACROSS THE BURNER.PROFILE LISTED DOUBLE WALL GREASE DUCT OR DOUBLE WALL CHIMNEY EQUAL TO ECON-AIR MODEL "EDW- 2R, 2R 3 LL PLATES SHALL ALLOW BURNERS TO ACHIEVE CLEAN COMBUSTION BY LIMITING BY-PRODUCT LEVELS TO A 0 v MIN.20" MAXIMUM SH LL B5PPM OF E REDWITH THE BLOWER DDNTED OFNITROGEN EAMOFTHEBURN DIRECT NT TYPE HT 3R OR 3Z" ROUND 20 GAUGE 430 STAINLESS INNER DUCT INSULATED WITH A 24 GAUGE 430 STAINLESS U UNITS SHALL BE CONFIGURED WITH THE BLOWER MOUNTED DOWNSTREAM OF THE BURNER.THIS ARRANGEMENT s f v � WILL ENSURE A CONSISTENT AIRFLOW,REGARDLESS OF INLET AIR TEMPERATURE. OUTER SHELL. a APPLICATION: R SPRING-LOADED BURNER PROFILE PLATES ARE ENGINEERED TO AUTOMATICALLY REACT TO THE MOMENTUM OF A FRESH AIR STREAM,WITHOUT THE NEED FOR ANY MOTORS OR ACTUATORS TO MECHANICALLY ADJUST THEM. ,v WITH THIS FEATURE,ALL DF UNITS ARE DESIGNED FOR DEMAND CONTROL VENTILATION(DCV)REQUIREMENTS. 0 Q uj DISTRICT SECTION BLOCK LOT CERTIFICATIONS: CUSTOMER APPROVAL TO MANUFACTURE: y z ALL PROFILE PLATE ASSEMBLIES SHALL BE INCLUDED IN THE DF UNIT'S ETL LISTING AND COMPLY WITH COMBINED O SAFETY STANDARDS ANSI Z83.4 AND CSA 3.7(NON-RECIRCULATING DF HEATERS)AND ANSI Z83.18 d PRO. NO. (RECIRCULATING DF HEATERS). APPROVED AS NOTED o ❑ Z N GENERAL CONSTRUCTION: -PROFILE PLATES SHALL BE FORMED FROM G90 GALVANIZED STEEL. APPROVED WITH NO EXCEPTION TAKEN El-PROFILE PLATES SHALL VARY IN SIZE PER UNIT. -PROFILE PLATES SHALL BE MOUNTED ALONG THE SAME PLANE AS THE DISCHARGE OF THE BURNER. REVISE AND RESUBMIT ❑ Z -DESIGN SHALL INCORPORATE PROPERLY TORQUED,PERMANENTLY MOUNTED SPRING HINGES. DATE 05/20/2025-SPRING HINGES SHALL BE MADE FROM PLATED STEEL. SIGNATURE a� YOUR TITLE DATE " SCALE AS NOTED FAN#1 EADU240H-EXHAUST FAN FEATURES: DRWN BY U) DIRECT DRIVE CONSTRUCTION(NO BELTS/PULLEYS). GREASEBox C H KD BY 41 7/8 ROOF MOUNTED FANS. BOX REV.#2 08/19/02 RESTAURANT MODEL. GREASE BOX C7 INSTALLATION PARTS INCLUDED UL705 AND UL762 AND ULC-S645 GREASE BOX. � VARIABLE SPEED CONTROL. CLOSED POSITION GREASE BOX COVER. INTERNAL WIRING. 31 1/2" HINGE KIT GREASE PIPE. GREASE BOX FIELD INSTALLATION THERMAL OVERLOAD PROTECTION(SINGLE PHASE). 31 1/2" moll HIGH HEAT OPERATION 300°F(149°C). FAN. SHEET METAL SCREWS GREASE CLASSIFICATION TESTING. 3-LONG(3/4"LG.). STEP 1 9 NEMA 3R SAFETY DISCONNECT SWITCH. SO I �� ATTACH GREASE BOX COVER TO THE CURB, 37 1/2" NORMAL TEMPERATURE TEST ® VENTED HOLD 3"DIMENSION AS SHOWN ON PIC. 1. EXHAUST FAN MUST OPERATE CONTINUOUSLY CURB. SCREW GREASE BOX COVER TO CURB USING(3)LONG(3/4"LG.) 30 5/8" WHILE EXHAUSTING AIR AT 300°F(149"C) 20" UNTIL ALL FAN PARTS HAVE REACHED ® D SCREWS AS SHOWN ON PIC.2. THERMAL EQUILIBRIUM,AND WITHOUT ANY ® GREASE 1%L/ - a - 1 00, DETERIORATING EFFECTS TO THE FAN WHICH BOX HINGE CURB. GREASE DRAIN. WOULD CAUSE UNSAFE OPERATION. COVER. KIT PIC. 1 (OPTIONAL). PIC. 2 ABNORMAL FLARE-UP TEST � O 2" EXHAUST FAN MUST OPERATE CONTINUOUSLY 20 GAUGE 3 Q WHILE EXHAUSTING BURNING GREASE VAPORS STEEL ' 23 7/8 AT 600"F(316°C)FOR A PERIOD OF CONSTRUCTION. 0 .O 15 MINUTES WITHOUT THE FAN BECOMING }+ DAMAGED TO ANY EXTENT THAT COULD CAUSE 3"FLANGE. •O CURB. 0 NO. REVISIONS DATE AN UNSAFE CONDITION. GREASE > BOX GREASE 31" OPTIONS COVER. BOX -GREASE BOX. ROOF OPENINGCOVER. 33" -FAN BASE CERAMIC SEAL- 431' DIMENSIONS. CURB. STEP 2 DU/DR240HFA-INSTALLED AT PLANT- 31" DUCTWORK BETWEEN FOR GREASE DUCTS. GREASE ATTACH GREASE BOX TO GREASE BOX COVER,SLIDE AND DROP. EXHAUST RISER ON HOOD 2 YEAR PARTS WARRANTY. PIPE. AS SHOWN ON PIC.3. C)7 (13 N AND FAN(BY OTHERS). U) :3 C) GREASE OPEN POSITION cuR6. ES GREASE C) U) O7 LO 41 BOX PIC. 3 COVER. Q SEAL & SIGNATURE : O - 33" N O Rl GREASE BOX. O N 0 J?. MOHAMED SAID c p - MAHMOUD - �j P2 38 DATE: 3/25/2025 ' 11110 DWG.#: 7427678 4/14/25 3 APPROX. 51/16 ® STEP 3 PIC. 4 DRABBY: MORABITO • ' INSTALL GREASE PIPE AS SHOWN ON PIC.4. REF. NO. : 171/8 SCALE: O � O GREASE PIPE. 3/4„ = 1'-°" JD - 01 12 5 33/4 ' '° , MASTER DRAWING TOP VIEW DWG NO. o a o O *NOTE: UL 705 INSTALL. SHEET NO. 2 Page 206 of 316 JD DESIGN ASSOCIATES INC. 3436 UNION ST. SUITE 206 Exhaust Fan Wiring JOB 7427676-1021 Peoples Square,Water/°°... NEW YORK N.Y. 1 1 3p54 DRAWING NUMBER EXH7427678-1 SHIP DATE 3/25/2025 MODEL BADU840H A B C D E F G H I COMPONENT LIST *� 77 W JOB 7427678-1021 Peoples Square,Waterloo... TEL. (2 1 2) 966-7828 IL1 MODBUS J16 LABEL DESCRIPTION TYl$tauatlOII niT�g Installed Options NOTES Or1A IL1g fn DCV ��� r '= be need J1 J2 J3 J4 JS J6 J38 3 1 CB-07 CIRCUIT_BREAKER B3 (718)750-0888 may be needed _1 C 8 e DRAWING NUMBER RP7427678-2 SHIP DATE 3/25/2025 MODEL SA2—D.600-80D 1 for NFBUP-S. 00e R 0 1// RD LocAt J2 BL-24VAC 120 V 1 PH. 240 V 1 PH. 208/460/600 V 3PH. Installed Options EMAIL: DESIGN JDNYS.COM HMI GY-INTLK WWW.JDNYS.COM LOMAL J3 J2 SHMIE IFSPACE a Disconnect Disconnect Disconnect SENSOR Is Switch Switch Switch WIRED FR-01 EVOIECM-ACU+51.1-MP BB GaGal-flex Gal-flex 1 nduit conduit conduit conduit ARCHITECTURE■ENGINEERING.INTERIOR DESIGN.CONSULTANT Q e HE-01 CABINFIREYET HEATELAME R BB (in unit) (in unit) 0 (in unit) 0 2 < 1 HE-01 CABINET HEATER B4 2 Tn Q oD $ Factory Factory Factory Component Identification BK e wiring wiring wiring 3 BK Label Description Location 3 4 MT-01 0 BK BK MT-01 FBK 5 6 SUPPLY G e MT-01 SUPPLv_MOTOR E3Field Wired Switch MT-05 INTAKE DAMPER MTR C4G7 8 WH cR BP Y e ■ ■ ■ ■ r.—L—L MSM SW-01 - MT-01 Fan Motor [3] 4 GR � 3 120V �_ 1 NE - W 0 -NIT H1 SW-01 Customer Customer Customer 5 OGRL H N e BK (W1 GR wiring )1K RD GR wiring BK BK B R WH GR wiring 9 8 7 6 5 4 3 2 1 7 6 5 4 3 2 1 wringsupplied supplied SW-01 Main disconnect switch [3] 1 1 BK 2 H RD J311 1 1 1 1 1 1 111 J131-1 1 4 9 8 J11 RD&WHWire(I150VN1EHASE) ENGINEERING s OPTIONAL FOLLOW FAN BK F FlRE I/P TRIPS UPON 120VAC SCHEMATICS REVISIONS SERVICE PLLC 4 4 BK DM BK 120VAC 0 P C 1 e SN 01 DESCRIPTION DATE: 7 Q KTIllill IEL BL 120VAC I P Q ses, � Q a Q BK —01 MT-05 00 O e 8 WH 2x WH LL ~ (n 0 RE-DV DCV RELAY B5/D1 9 J9 120V IEL/DEL RE—DV ~ LUfpSN-�14 These drawings shall be used for the 5 C1 (� CL i HIGH LIMIT SN-XX TEMP_SENSOR 14/IS/11117 m m 9 8 7 6 5 4 3 2 1 9 8 7 6 5 4 3 2 1 SW-01 DISCONNECT SWITCH A3 '�v� specific project location Indicated o19181716 5 4 3 2 1 g_BL J 3 6 118117116115114113112111119 1 1 1 1 1 13111111 L.;e ® J33 11811711611511411311 111 (+� _� J32 °' J15 within the Title Block, an shall not ® r e BE USED AT ANY OTHER LOCATION. Q H IN TP1(FSC 1) I 0 12 6 © Of m • � o e o PROJECT C 3 J10 120V w e o E = TR-02 IGNITION_TRANSFMR B9 Q V—02 ~ 0 TR-05 HOARD POWER_TRFMR E5 7 Power Connection 4 1Q MoD-1 EL 1 e See above details. 3 o i�iZO 'OSD ® A-05 VA— 1 J35 G 15 pL VA-01 MAIN GAS VALVE 67 v RESTAURANT RD VA02MAIN GAS_VA VE S7 4 BK 9 8 7 6 5 4 3 2 1 24 LL 9 8 7 6 5 4 3 2 1 7 6 5 4 3 2 1 VA-05 MOD_GAS_VALVE E7 Lh MOTOR INFO © — FR-0111811711611511411311211111 TR-0311811711611511411311 111 1 1 1 111 9 8 m 16 EXHAUST 3.OHP-208V-3P-10.1 FLA VFD PART: ESV402NO2TXB571 Q J8 20 K J7 J18 0 6 S1 GR FIELD WIRED CONTACTS SFOs J 8 8 N WHEN USED WITH PREWIRE sci < 1021 PEOPLS SQUARE, 17 WH 2 S2 W LEGEND WIRE TO SFC1/SF01 0 FIELD WIRING LD J29 120V 3 —FACTORY WnRING DAMPER INTERLOCK TOssYw7 DO WATERLOO, IA 50702 GY BK- BLACK YW-YELLOW WIRE TO ILIA&IL1B w O 18 BK 4 BR-BROWN aR-al Ra E B" • LL0 ELECTRICAL INFORMATION MOTOR 1 5 RD-RED MOTOR/CTRL MOP:20A BR A ORAL-OTE GR-GREEN FSC-01 owaL-owaLSTwPE 19 BILRD,BLMDN STT IIPIP � CO, E _ WYJBL- WH MOTOR INFO N WHiBLSTRIPE 4 BK TALI T212 N SUPPLY 2.OHP-208V-3P-8.3FLA VFD PART: ESV222NO2YXB571 C x 20 SPAR I' LUG Joe NAME LL6 NOTES 1021 Peo les S ... 0 O DO DENOTES FIELD WIRING 8 AL AW1N U 21 DENOTES INTERNAL WIRING DESi eeeeeeee wemeeme m&em0eme VILC BOA OF DETAILS Q J30 120V MOA BOARD(DETAILS PH SENSOR TO FOLLOW) R � WIRE COLOR 0 MUABoard s2 FROG �oo-10VDComat 22 ®® ® L1Z1OYMPJ L DI-1 AI-1 J LAI-2 AI-3 J L D-2 AI-4 J ELECTRICAL INFORMATION BK-BLACK YW-YELLOW MOTOR � BL-BLUE GR GREEN J12 J14 J28 RDWG NO DRANK BY CONTROL CIRCUIT MCA:3.7A 7678 AUTO � � MONTRCIRCUIUIT MO 5A DISTRICT SECTION BLOCK LOT BR-BROWN GY-GRAY MOTOR CIRCUIT MOP: 1 I5A DALE 23 PR-PURPLE WIRE COLOR TORY 3/25/20250 y LUO RD-RED PK-PINK BK-BLACK YW-YELLOW Ng4W7427678-2OIL BLUE _ BR__BROWN GY-GRAY PRO. NO. : WE-WHITE PR-PURPLE RD-RED PK-PINK WH-WHITE Z N Z DATE 05/28/2025 0 ELECTRICAL PACKAGE — JOB 7427678 0 SCALE AS NOTED NO TAG PACKAGE# LOCATION SWITCHES OPTION FANS CONTROLLED DRWN BY LOCATION QUANTITY TYPE HP VOLT FLA Co UTILITY CABINET LEFT 1 LIGHT EXHAUST 3 3.000 208 10.1 CHKD BY 1 DCV-1111 UTILITY CABINET LEFT SMART CONTROLS DCV m HOOD#1 1 FAN SUPPLY 3 2.000 208 8.3 0 Ln JOB NO MODEL NUMBER DRAVIN BY SCHEUAnc TYPE DESCRIPTION OF OPERATION: A B C D F G H I DCV-1111 INSTALL Demand Control Ventilation,W control for 1 Exhaust Fan,1 Supply Fan,Exhaust on in Fire,Lights out In Fire,Fans modulate based on duct temperature.INVERTER DUT FACTORY WIRING 7427678 JOB NAME DATE DwGRO 3PHASEMOTORREQUIREDFORUSEWITHVFD.Roomtemperaturesensorshippedlooseforfleldinstallation.VerifydistancebetweenVFDandMotor;admuonalcost UNLESS SPECIFIED OTHERWISE,ALL FACTORY AC WIRING 16 AWG. ALL FACTORY DC WIRING 18 AWG. MOTOR POWER CIRCUIT SCHEMATIC 1021 Peoples uare,Waterloo... could applyirdislanceexceeds5ofeec O p CIRCUIT BOARDS P g 3/25/2025 ECP#1-1 Z O NOTE:IF VFD HAS 1 PH 240V INPUT,USE L1&L2 ONLY. 1 1 J9 120V o IF VFD HAS 1PH 120V INPUT,USE L1&N ONLY. ECPM03 MTA:EXH-1 SHOP DRA 1 I NO CBK 2; + i 14 AWG - FLA:10.1 CONTROL INPUT 120V BK O B HP:03.000 1REMOVEJUM PER H1=LINE,N1=NEUTRAL,15A 3PH BK au/r1 P100:01 RA-x RD-x 2 MAKEUPAIR ONPCB MUAZONE1 HOT TO SHUNT COIL SHUCOIL 208 V BK BVIT2 P101:N/A 120 VAC 24�J7 BREAKER PANEL TO PRIMARY CONTROL PANEL CONTROL PANEL BREAKER.DO NOT CONNECT 24V 8 9 1 1 1 30A w/T3 P102:0.0 RELAY RELAY DAMPER DNEUTRAL FROM SHUNT COIL TO SHUNT TRIP BREAKER. = GRGRND P103:69.4 NO 4 3IN4 3Responsibility: Electrician PROVING SIGNAL FOR N1 SEE INSTALLATION J6 1 2 3 4 5 6 7 GND BK B P107:00NC 2 1 NC 2 13 EXTERNAL ST TERMINAL IS ENERGIZED + 24V L1 P108:61 BREAKER SIZE SHOWN IS THE MAXIMUM ALLOWED INTERLOCK LOW VOLTAGE CONNECTION FOR ERMINAf NAMES SCHEMATIC FOR ADDITIONAL BK B COIL 8 7 COIL 8 7DAMPER INTERLOCK.WIRE DO NOT APPLY SHUNTTRIP IN FIRE CONDITION. 2 DC BK B L2P131:N/AIF MUA BV OTHERS REQ. PS-01 L3/N P150:01COM 5 5 COM B 5BREAKER PANEL PRIMARY CONTROL PANEL MULTIPLE SUPPLY ON THE SAME m dZONE IN SERIES.SHOULD HOT TO CONTACTOR COIL CONTAC ORCOIL TERMINAL GAS USED FOR P167:69.44 Hot HAVE CONTINUITY WHEN DAMPER CONTROL PANEL 120V POWERED GAS VALVES N L C VFD:ESV402NO2TXB571P194:225 BREAKER1PH Neutral IS PROVEN OPEN. SIGNAL FOR N1 NEUTRAL TO CONTACTOR COIL ONLY U 'D P410.11 COMPONENT LIST NOT REQUIRED FOR ALL UNITS. p O MTR:SUP-2 120 V EXTERNAL KS TERMINAL IS DE-ENERGIZED LABEL DESCRIPTION O Ground SEE MAKE-UP AIR SCHEMATIC. 14 AWG M-2 FLA:8.3 S 15A CONTROL POWER. DO NOT WIRE CONTACTOR COIL IN FIRE CONDITION. PANEL LID GR �� Z Z 2 3PH BK B UIT1 HP:2.000 ST-X PSafter P100:01 O TO GFCI OR SHUNT TRIP BREAKER. 208 V BK B V12 P101:N/A OL-x overload 20 A BK GR W/T3 P102:0.0 PN.vanes i 6 1ST HOOD LIGHT BREAKER SHARED W/CONTROL COMMON 3 NOTE:All items on ECPM03 J3 line to be daisy chained GR GND P103:75.0 C-X Conitactor CONTROL PANEL GND P107:00 PN. anes POWER.SWITCH#1 from one component to the next,with EOL120A at end BK B NORMALLY OPEN L1 P108:86 PS-1 Power Sup.24VDC CONTROL PANEL TO ACCESSORY ITEMS DRY CONTACT of line.Place PN:EOL120A in empty RJ45 port. BK B PN' MDP18-24A-1C LINE L2 P131:N/A NO. REVISIONS DATE L1 ON/OFF WITH COMMON ECPM03/DAISY CHAIN BK B RA-x 20V Relay DPDT BREAKER 3PH LINE Responsibility: Electrician 2 L3IN P150:01 pN:34.110.0184.0 79.7 208 V LINE SUPPLY FAN NORMALLY OPEN MCA: 12.6 A L CONTROL PANEL COMPONENT GROUP, SPARE CONTACTS WILL MAKE P410:21 Ground ND COMMON TO NORMALLY OPEN J4 J3 J5 P194:225 MOCP: 30 A WHEN SUPPLY FAN IS ON. VFD:ESV222NO2YXB571 pN. 34.110.0188.0 B EXH-1 SM-1 MICROSWITCH 1 RIPeR BfPeR P410:21 RD-x 24VDC Light Relay WIRE TO VFD QUICK CONNECTOR CONTROL PANEL 4:NO OFF 4 11 11 PN'.AiCP-PO-T4"-EXPL TO :C :NC + TS-x Duct Thermostat DCV SPEED �/ + 1 M-1 1 M-2 9 BREAKER 3PH LINE FIRE SYSTEM 0DCV OUTPUT - - TO BMS LINE WIRE Ci TO COMMON(1). ON PCB WIRE TO ECPM03 TERMINALS. 2 2 208 V MICROSWITCH LINE Ir WIRE ARI TO NORMALLY CLOSED(2). CONFIGURABLE OUTPUT. J7 120V � L 10 MCA: 10.4 A Ground Cl TO AR1 SHOULD HAVE MS-14:N0 CAP (TOTAL) SEE ECPM03 OWNERS MANUAL. MOCPCONTINUITY WHEN ARMED.: 20A SUP-2 SM-2 1 BK �K a T'T OFF BK 14AWG R -1 BV :C :NC VFD ANALOG + TO BMS H1 O 0-10V OUTPUT 2 0 O WIRE TO VFD QUICK CONNECTOR BK WH N1 11 IF MORE THAN ONE MS-2 CAP N VFD WIRE TO VFD TERMINAL STRIP. HOO HTS JUMPER FIRE SYSTEM,WIRE 4:N0 OFF PROPORTIONAL TO FREQUENCY. 5 3 BK N^ '^ C) IN SERIES AS SHOWN :C :NC (EACH VFD) SEE VFD OWNERS MANUAL. 4 BK W V'^JLO 12 BIASSWITCH Q W Q SEAL & SIGNATURE CONTROL PANEL H1 CONTROL PANEL TO FANS To CONTROL PANEL ALL SWITCHES FACTORY WIRED EXTERNAL SIGNAL SWITCH THROUGH BMS 13 Responsibility: Electrician J4 SWITCH WILL ACTIVATE ZONE1 FANS AND TO CAT-5 CONNECTION O PRIMARY PANEL FANS SWITCHES rVlll Fl1 14 FAN: 01 EXH-1 6 BL PR AR1 JUMPER FIRE SYSTEM H, I..L O ((—(O Load Wiring AD Le t O FLA:101 DC+ RD-1 01 L AO Le H z P:3.000 HOOD LIGHTS 1 BK WH ^^,, SM-1 V1 O BLACK AR1�Pj RA-1 N1 W V WIRE TO L. LEGA O VOLT:208V CONTROL PANEL ^' _ MOHAMED SAID 15 VFD QUICK cRoue. Ir TO W WHITE SF1 BK RA-2 WH `V (V _ A GREEN LEGEND p - MAHMOUD WIRE TO HOOD LIGHTS O — CONNECTOR WIRE TO J-BOX ON TOP OF HOOD —FIELD WIRING = �, zQ MUST HAVE ITS OWN CONDUIT DISCONNECT 1400 W MAX BK-BLACK FACTOWR YE IR011NNG % �7 �2 38 1B DO NOT SHARE CONDUIT! BL-BLUE GY-GREY '/ \ MND .R CONTROL PANEL 7 �i SUP-2 FLA:0.3 17 Load WiringO HP:2.000 TO T B WIRE TO CONTROL BOARD.INSTALL ROOM TEMP OR-ORANGE RD-RED BRBROWN PR PLE VOLT zoav ROOM TEMP DRY CONTACTS(SHOWN DE-ENERGIZED) wH-WHITE DATE: 3/25/2025 SM-2 V2O SENSOR IN ROOM AWAY FROM HEAT /- // WIRE TOO SENSOR SOURCES.DO NOT INSTALL SENSOR GROUPS: 14AWG RA-1-1 BURDOR/BIL-BURDRBL STRIPE //////Ill 111110 VFD QUICKO ON THE CEILING GRID,SEE MANUAL. 1D3 GD-RD/DN STRIPE DWG.#� 18 MAKE UP AIR INTERLOCK. Yw CONNECTOR N11 WHBL-WHBLSTRIPE 4/14/25 CONTROL PANEL JUMPER JUMPER 14 AWG RA-2-1 7427678 19 IF VFD MOUNTED IN TO T26 FACTORY WIRED TEMPERATURE HOOD 1 8 _ C YW . JOB NAME 2ND PANEL,WIRE SF MUST HAVE ITS OWN CONDUIT DUCT SENSOR RISER 1 F SIGNAL FROM PANEL DO NOT SHARE CONDUIT! SENSOR.MOUNTED IN EXHAUST DUCT J J BK wH 1021 Peo les S u... e e e e EF1 PANEL COOLING 14AWG RA-2-2 DRAWN DCV-10 REF. NO. DRAN7N ECPM03 ECPM03 BK WH BY: WITH ECPM03. J10 J10 20 CONTROL PANEL T A EF1 F YL DESCRIPTION OF OPERATION 34VAc TO SECONDARY PANEL COOLING IF NECESSARY Demand Con Vol Ventilation,w/ ' FAN START WIRE TO CONTROL BOARD. HOOD 2 control for 1 Exhaust Fan,1 Supply SIGNAL 24VAC DUCT SENSOR SENSOR MOUNTED IN EXHAUST DUCT RISER 1 Fan,Exhaust on in Fire,Lights out SCALE: 21 TO MUA BOARD pera une — 'WIRE TO UNIT in Fire.Fans modulate based on SUP-2 INTERLOCK duPHASE ct tem t MOTOR REQUIRED J D - 01125 THE FOLLOWING CONNECTIONS 9 USE WITH o Room FOR 3/4" — 1'-0" MAY OR MAY 22 NOT BE temperature sensor shipped loose REQUIRED BASED ON JOBSITE berwele'msFD an Motor;additional distance SPECIFICATIONS cost conVFDandMetneexceed MASTER DRAWING cost could apply If distance exceeds 50 feet. 23 DWG NO. : 24 0 JOB NO DRAWN BY 7427678 TYPE3/25/20250 0 O SC-20 x 18 x 8.62 BOX DWG NO ECP#1-2 SHEET NO. 3 Page 207 of 316 DEMAND CONTROL VENTILATION HOOD CONTROL PANEL SPECIFICATIONS: JD D - CONTROLS SHALL BE LISTED BY ETL (UL 508A) AND SHALL COMPLY WITH DEMAND VENTILATION SYSTEM TURNDOWN REQUIREMENTS OUTLINED IN IECC 403.7.5 (2021). ASSOCIATES INC. DUCT TEMPERATURE SENSOR. - THE CONTROL ENCLOSURE SHALL BE NEMA 1 RATED AND LISTED FOR INSTALLATION INSIDE OF THE EXHAUST HOOD UTILITY CABINET. THE CONTROL ENCLOSURE MAY BE CONSTRUCTED OF STAINLESS STEEL 3436 UNION ST. SUITE 206 OR PAINTED STEEL. NEW YORK N.Y. 11354 - TEMPERATURE PROBE(S) LOCATED IN THE EXHAUST DUCT RISER(S) SHALL BE CONSTRUCTED OF TEL: (212) 966-7828 STAINLESS STEEL. (718)750-0888 EMAIL: DESIGN@JDNYS.COM - A DIGITAL CONTROLLER SHALL BE PROVIDED TO ACTIVATE THE HOOD EXHAUST FANS DYNAMICALLY BASED WWW.JDNYS.COM ON A FIXED DIFFERENTIAL BETWEEN THE AMBIENT AND DUCT TEMPERATURES SENSORS. THIS FUNCTION I ARCHTECTURE■ENGINEERING.INTERIOR DESIGN CONSULTANT SHALL MEET THE REQUIREMENTS OF IMC 507.1.1. - A DIGITAL CONTROLLER SHALL PROVIDE ADJUSTABLE HYSTERESIS SETTINGS TO PREVENT CYCLING OF THE I FANS AFTER THE COOKING APPLIANCES HAVE BEEN TURNED OFF AND/OR THE HEAT IN THE EXHAUST SYSTEM IS REDUCED. CONTROL PANEL. - A DIGITAL CONTROLLER SHALL PROVIDE AN ADJUSTABLE MINIMUM FAN RUN-TIME SETTING TO PREVENT FAN ROOM TEMPERATURE LCD SENSOR. INTERFACE. CYCLING. TYPICAL HOOD CONTROL PANEL INSTALLATION ENGINEERING - VARIABLE FREQUENCY DRIVES (VFDS) SHALL BE PROVIDED FOR FANS AS REQUIRED. THE DIGITAL REVISIONS SERVICE PLLC CONTROLLER SHALL MODULATE THE VFDS BETWEEN A MINIMUM SETPOINT AND A MAXIMUM SETPOINT ON SEQUENCE OF OPERATIONS: DESCRIPTION DATE: DEMAND. THE DUCT TEMPERATURE SENSOR INPUT(S) TO THE DIGITAL CONTROLLER SHALL BE USED TO THE HOOD CONTROL PANEL IS CAPABLE OF OPERATING IN ONE OR MORE OF THE FOLLOWING STATES AT ANY CALCULATE THE SPEED REFERENCE SIGNAL. GIVEN TIME: D - AUTOMATIC: THE SYSTEM OPERATES BASED ON THE DIFFERENTIAL BETWEEN ROOM TEMPERATURE AND - THE VFD SPEED RANGE OF OPERATION SHALL BE FROM 0% TO 100% FOR THE SYSTEM, WITH THE ACTUAL THE TEMPERATURE AT THE HOOD CAVITY OR EXHAUST DUCT COLLAR. FANS ACTIVATE AT A These drawings shall be used for the MINIMUM SPEED SET AS REQUIRED TO MEET MINIMUM VENTILATION REQUIREMENTS. CONFIGURABLE TEMPERATURE DIFFERENTIAL THRESHOLD. DEPENDING ON THE JOB CONFIGURATION EACH FAN ZONE CAN BE CONFIGURED AS STATIC OR DYNAMIC. THESE TERMS REFER TO WHETHER A VARIABLE O specific project location indicated - AN INTERNAL ALGORITHM TO THE DIGITAL CONTROLLER SHALL MODULATE SUPPLY FAN VFD SPEED MOTOR (SUCH AS EC MOTORS OR VFD DRIVEN MOTORS) MODULATE WITH TEMPERATURE. IF THE PANEL IS within the Title Block, and shall not PROPORTIONAL TO ALL EXHAUST FANS THAT ARE LOCATED IN THE SAME FAN GROUP AS THE SUPPLY FAN. EQUIPPED WITH VARIABLE SPEED FANS AND THE ZONE IS DEFINED AS "DYNAMIC", THESE WILL MODULATE BE USED AT ANY OTHER LOCATION. WITHIN A USER-DEFINED RANGE BASED ON THE TEMPERATURE DIFFERENTIAL. PANELS EQUIPPED WITH - THE SYSTEM SHALL OPERATE IN PREP MODE DURING LIGHT COOKING LOAD OR COOL DOWN MODE WHEN VARIABLE SPEED FANS AND A FAN ZONE DEFINED AS "STATIC", FANS WILL RUN AT A SET SPEED PROJECT : SUFFICIENT HEAT REMAINS UNDERNEATH THE HOOD SYSTEM AFTER COOKING OPERATIONS HAVECALCULATED FOR THE DRIVE. DEMAND CONTROL VENTILATION SYSTEMS ARE CAPABLE OF MODULATING ° COMPLETED. OPERATION DURING EITHER OF THESE PERIODS WILL DISABLE THE SUPPLY FANS AND PROVIDE EXHAUST AND MAKE UP AIR FAN SPEEDS PER THE REQUIREMENTS OUTLINED IN IECC 403.7.5 (2021). AN EXHAUST FAN SPEED THAT IS EQUAL TO THE MINIMUM VENTILATION REQUIREMENT. o E U O MANUAL:THE SYSTEM OPERATES BASED ON HUMAN INPUT FROM AN HMI. a� G - A DIGITAL CONTROLLER SHALL DISABLE THE SUPPLY FAN(S), ACTIVATE THE EXHAUST FAN(S), ACTIVATE THE APPLIANCE SHUNT TRIP, AND DISABLE AN ELECTRIC GAS VALVE AUTOMATICALLY WHEN FIRE CONDITION - SCHEDULE:A WEEKLY SCHEDULE CAN BE SET TO RUN FANS FOR A SPECIFIED PERIOD THROUGHOUT THE RESTAURANT IS DETECTED ON A COVERED HOOD. DAY. THERE ARE THREE OCCUPIED TIMES PER DAY TO ALLOW FOR THE USER TO SET UP A TIME THAT IS SUITABLE TO THEIR NEEDS. ANY TIME THAT IS WITHIN THE DEFINED OCCUPIED TIME, THE SYSTEM WILL RUN - A DIGITAL CONTROLLER SHALL ALLOW FOR EXTERNAL BMS FAN CONTROL VIA DRY CONTACT (EXTERNAL AT MODULATION MODE AND FOLLOW THE FAN PROCEDURE ALGORITHM BASED ON TEMPERATURE DURING THIS < 1021 PEOPLS SQUARE, CONTROL SHALL NOT OVERRIDE FAN OPERATION LOGIC AS REQUIRED BY CODE). TIME. DURING UNOCCUPIED TIME, THE SYSTEM WILL HAVE AN EXTRA OFFSET TO PREVENT UNINTENDED w WATERLOO, IA 50702 ACTIVATION OF THE SYSTEM DURING A TIME WHERE THE SYSTEM IS NOT BEING OCCUPIED. • C) - AN LCD INTERFACE SHALL BE PROVIDED WITH THE FOLLOWING FEATURES: r- A. ON/OFF PUSH BUTTON FAN & LIGHT SWITCH ACTIVATION. - OTHER: THE SYSTEM OPERATES BASED ON THE INPUT FROM AN EXTERNAL SOURCE (DDC, BMS OR B. INTEGRATED GAS VALVE RESET FOR ELECTRONIC GAS VALVES (NO RESET RELAY REQUIRED). HARD-WIRED INTERLOCK). X C. VFD FAULT DISPLAY WITH AUDIBLE & VISUAL ALARM NOTIFICATION. 3 D. DUCT TEMPERATURE SENSOR FAILURE DETECTION WITH AUDIBLE & VISUAL ALARM NOTIFICATION. - FIRE: UPON ACTIVATION OF THE HOOD FIRE SUPPRESSION SYSTEM, THE EXHAUST FAN WILL COME ON OR C E. MIS-WIRED DUCT TEMPERATURE SENSOR DETECTION WITH AUDIBLE & VISUAL ALARM NOTIFICATION. CONTINUE TO TO RUN, THE HOOD MAKEUP AIR WILL SHUTDOWN, AND A SIGNAL WILL BE SENT FOR F. A SINGLE LOW VOLTAGE CAT-5 RJ45 WIRING CONNECTION. ACTIVATING THE SHUNT TRIP BREAKER PROVIDED BY THE ELECTRICIAN. FUEL GAS WILL SHUT OFF VIA A a G. AN ENERGY SAVINGS INDICATOR THAT UTILIZES MEASURED KWH FROM THE VFDS. MECHANICAL/ELECTRICAL GAS VALVE ACTUATED BY THE HOOD FIRE SUPPRESSION SYSTEM. 0 R `� cn DISTRICT SECTION BLOCK LOT CL L to z a PRO. NO. : z o } z DATE O�/28/202 0 SCALE AS NOTED DRWN BY Cn CHKD BY LO m SHOP DRAKNO Q 0 O i N >� NO. REVISIONS DATE O ca aj L N UO U) U) O LO 0- Q SEAL & SIGNATURE : O — O O O ``��1YISS/0 /''%, 4_0 \� MOHAMED SAID c�+� N N -J MAHMOUD O �j ? P2 38 DATE: 3/25/2025 DWG.#: 7427678 4/14/25 DRAWN MORABITO BY: REF. NO. : SCALE: 1/2» = 1 ' JD - 01125 MASTER DRAWING DWG NO. 0 0 o O SHEET NO. 4 Page 208 of 316 W ' BRANCH DUCT JD D 3/8" SQUARE ROD END BEARING ASSOCIATES INC. VOLUME DAMPER WITH LOCKING TYPE INDICATOR QUADRANT AND SADDLE TO CLEAR INSULATION 1/4 W', 4„ VOTES: 3436 UNION T. SUITE 206 NEW YORK N.Y. 11354 1/4 W', 4” MIIN.FURNISH THIS TYPE CONNECTION WHEN SINGLE LINE Ul TEL: (212) 966-7828 L _ - - J DUCTWORK IS INDICATED AS TI-jLL FOR LOW HANGER STRAPS PRESSURE BRANCHES WITH LESS THAN 700 CFM AND (718)750-0888 MAIN DUCT MEDIUM PRESSURE BRANCHES WITH LESS THAN 1000 CFM. ATTACH HANGERS TO EMAIL: DESIGN@JDNYS.COM 45 2. NOT TO BE USED AS SUBSTITUTE FOR ELBOW WWW.JDNYS.COM J_ SUPPLY STRUCTURE AS PER ARCHITECTURE■ENGINEERING■INTERIOR DESIGN■CONSULTANT W AIR FLOW RECTANGULAR DUCT ANGULAR MACNA FIG'S 4-1 , RETURN/EXHAUST 4-2, 4-3 AND 4-4 AIR FLOW TAP WITH VOLUME DAMPER 60" MAX LOCKING LU M M FRAME 4-1 /2"R NOTES: 1.VANE NM LUGS INTEGRAL WITH DUCT NM ENGINEERING 2-1/4"R 2. MAXIMUM UNSUPPORTED VANE LENGTH 48" 4 TON SERVICE, PLLC 3. FRAMES— BOLTED OR RIVETED TO 24"X24" CD NEW 2-1/4 ELBOW - + 4 TON - 400 CFM 3-1/2" + 4. VANES AND FRAMES— SAME9 T - I GAUGE AS ELBOW hEATPU - I PANEL B PANEL A 200AMP 200AMP 24"x24" D These drawings shall be used for the 5. HUGO IS AN LAZY COPY CAT—ERIC T 50 CFM g VANED ELBOW + TURNING VANE specific project location indicated -- ' within the Title Block, and shall not DOUBLE THICKNESS TURNING \` 9"x8" — BE USED AT ANY OTHER LOCATION. VANES FOR SQUARE ELBOW _ PROJECT N 24724" CDD m 4X24 D X 300 CFM x 100 CFM HD N �� I i�fi�Ofi�OS�D - - ---- - - K RESTAURANT 1 24"X24" C 1 400 CF ATTACH HANGERS TO 1021 PEOPLS SQUARE,i _ � STRUCTURE AS PER 1 0 0 CFM WATERLOO, IA 50702 EXI AMACNA FIG'S 4-1 , - — 4-2, 4-3 AND 4-4 -- L CRIMP-IN OR FABRICATED ° I SPIN-IN FITTING (14 p m 2411X24" CD 24724" CD 4724„ CID 0 CFM LOAD RATED STAINLESS STEEL X 300 CFM 300 CFM = DISTRICT SECTION BLOCK LOT FASTENERS DRAW BAND o x o x -- 04 K13 Ll PRO. NO. BAND TO BE 04 Ts SAME SIZE AS HANGER STRAP [JD DATELL O�/28/202 DUCT DUCT DUCT v X � L SCALE AS NOTED �t m IC DRWN BY CHKD BY FLEXIBLE DUCT24"X24" CD 24"X24" CD MAX 10" DIA MAX 36" DIA MAX 24" DIA MANUAL DAMPER 300 CFM 300 CFM OPERATOR 9"x8" 9"x8" HANGERS SHALL MAINTAIN DUCT CROSS-SECTION (SHAPE) HANGERS TO BE 1 1/2" WIDE MIN TYPICAL FLEX DUCT CONNECTIONQ x o o LL �, - H\/AG FLAN O X " r r DUCTWORK INSTALLATION DETAILS x m T EXIT 24"x24" C NO. REVISIONS DATE IOOCF Cam LYE v 5AMPL I NG TUBE IN X v ENTIRE DUCT WIDTH m --Xx O AS CLOSE AS POSSIBLE TO HVAC UN1T EXIT 0 INTERLOCK W/ H\/AG _ TO 120\/ DED I GATED UNIT FOR AUTOMATIGIRGUIT WITH SEAL & SIGNATURE FAN SHUT DOWN LOCK-ON GKT. BRKR. IONIZATION DUCT `Q�pF isSIONq HVAC., FLAN MOHAMED SAID SMOKE DETECTOR TO AUD/\/IS TEST STATION = MAHMOUD = DE\\/11DE CONTROL WIRING IN OFFICE o 50ALE: I/4' I'—O" P2 38 o TEST STATION 5FF-01FIOATION: '�� , NOTE. SMOKE DETECTOR - 20115-Ci545-120\/-IONIZA7I0N TYPE, OR APPROVED EQUAL DUCTWORK SERVING ThE DINING AREA SHALL BE INSTALLED 4/14/25 TEST STATION - SIMPLEX #2015-1752-120\/, OR APPROVED EQUAL BENEATH THE GYPSUM BOARD CEILING AS REQUIRED FOR PRO\/IDE AUDIO/V15UAL ALARM IN OFFICE DESIGN INTENT. REF. NO. : DUCT SMOKE DETECTOR D I ARAM J D - 01 12 5 N.T.S. DWG NO. : Mr-17r-10 Page 209 of 316 LEGEND JD DESIGN Q 0 EXIT SIGN $ EMERGENGY L I GHT W I TH f5ATTERY F,4CK ASSOCIATES I EXIT WIRE TO LOCAL LIGHTING CIRCUIT 0 EMERGENCY LIGHT WITH BATTERY FACK 3436 UNION ST. SUITE 206 WIRE TO LOCAL LIGHTING CIRCUIT NEW YORK N.Y. 11354 TEL: (212) 966-7828 2'x4' LAY-IN FLUORESCENT L 1 GHT FIXTURE (718)750-0888 1 EMAIL: DESIGN@JDNYS.COM SWITCH WWW.JDNYS.COM O5URFACE MOUNTED INCANDESCENT FIXTURE ARCHITECTURE■ENGINEERING■INTERIOR DESIGN■CONSULTANT 120 \/OLT W I TH 100 WNATT LAMF (FRO\/I DED BY COOLER SUFFL I ER) HOOD LIGHT msm O RECESSED L 1 GHT I NG FIXTURE (HI-HAT) �} FENDANT LIGHTS ENGINEERING '70 REMOTE HEAD SERVICE, PLLC 20,4, 120\/ CON\/ENIECE RECEFTACLE MOUNT AT 18" AFF UNLE55 CIRCUIT These drawings shall be used for the v v v v TRACK L I OOT DISH WASHER specific project location indicated 208V-50A 2HP within the Title Block, and shall not PB-21,23,25 BE USED AT ANY OTHER LOCATION. ICE MAKER 240Vmm A PROJECT : PA-14,16 77'/ 7"FF PANELB PANELA Op DID A i�RO 'OSD PANEL B PANEL A O 200AMP 400AMP db LU 200AMP 2 DAMP 7-1 EVAP COND EVAP COND RESTAURANT Lp�m' v UL v \ /A PB 13 ��\&SD \,\ IN M RIE MF 2HP #12 AwG #12 �wG I 1021 PEOPLS SQUARE, IOV-20A I/4 Hi PA-2 PA-40 PA-6 PA-IO,IZ PA-119W PB-16,18,20 F1 206V-5o WATERLOO, IA 50702 \ I GFGI I ) �XL � i \ \ GFGI ............................................ _---- m \� / 18-13 \ REPRICE OR x O - O *41 PB-31 HD FD.�FREEZER PA-11W ———_ PB-12 I PB-12 K I K GFGI i TS O O 1 I I I I EF 3 \\ I I \ DISTRICT SECTION BLOCK LOT PB-10 �O , O O EXIT O 1 z z 1 0 0 \ --® o o D PRO. NO. . EXIT �_� M-11 \ \ \ S F-7z GFGI GFGI GFGI- GFGI - GFGI G GI GFGI GI a BAIN MARIE PA-II B IN MARIE I \ \ DATE 05/28/2025 I10\/-2OA 1/4 HP IIOV-20A 1/4 HP PA-1 A-4 a I COOL UNDER COOL UNDER PB-2& BAIN MARIE / SCALE AS NOTED � O O � � O � � � � O � \ PB-2'1 I I OV- A 1/4 HP I IOV-2OA 1/4 HP 110\/-20A 1/4 HP \\ a PB II PB-24 PB-26 I / DRWN BY PB-8 Ts / �� Ts \\\ \ CHKD BY GFG FG T GFGI / GFG J L----- ---=J \ L- J L- \ _--� 47Z \ \ TEA URN IIOV-20A SUSHI CASE 1 fJ `ItOV-20A 1/4 HP PA-5 SO -60HINZ -- FO-22 11oV-20A REFLECTED CE I L I N& Q 0 0 0 0 0 0 0 0 0 0 0 0 / SD a 12" a AND L 1 CGHTI NG PLAN AND GYPSUM BOARD CEILING \� � � � � � � � \\ \ FOINER PLAN 41 41 \ AL T a a a a a a \\ I NO. REVISIONS DATE I d I a 1 d 4 I I I I I I 1 I 1 I I 4 I 4 I 4 4 I 4 I 4 I I 4 41 Lcl O PS-4 / % `\ j �Irk I EXIT / / \ � � I Q I d I I d I d I EAL I NATURE . I I I I I I � I\ \\\\ oQRpFESS10/iyq` ,'' 1 4 I 4 1 I 4 I 4 F /tics -------' \ / / 4' --_ — == MOHAMED SAID 4 PA-I �' PA-3 L(A I MAHMOUD P2 38 i _ \ I EXIT EXIT / I ////1111111111\\\ 4/14/25 REF. NO. : POWER FLAN JD - 01 125 50ALE: 1/4"=I'-O" REFLECTED C E I L 1 I ry AI El L10HTIN& FLATS DWG NO. : 50ALE: 1/4"=I'-O" 1E= 1 =0 Page 210 of 316 FMATERIALS ELECTRICAL NOTES REQU I REMENTSELECTRICAL SPED 1 F 1 CATIONS: LIGHTING GENERAL NOTES JD DESIGN I I I WORK INCLUDED I I I I CONDUIT SHALL BE RIGID GALVANIZED STEEL, RIGID ALUMINUM, OR I 1. ALL WIRING TO COMPLY WITH I.E.G., N.E.G., 1. ELECTRICAL CONTRACTOR TO CONFIRM VOLTAGE OF ALL E.M.T. FLEXIBLE CONDUIT SHALL BE TYPE AC AND MAY BE USED THE ELECTRICAL CONTRACTOR SHALL FURNISH AND INSTALL ALL WORK, LIGHTING ASSOCIATES INC. 2. MINIMUM CIRCUIT TO BE 20 AMP. BREAKER, (2) #12 IN 3/4 LABOR, MATERIALS AND EQUIPMENT AS REG2U I RED FOR A COMPLETE FOR BRANCH CIRCUIT WIRING. CONDUIT (=CND.) UNLESS SHOWN OTHERWISE. AND OPERATING ELECTRICAL INSTALLATION AS INDICATED ON THE FIXTURES. 2. ALL FLUORESCENT LAMPS SHALL BE 3500 KELVIN UNLESS WIRE AND GABLE SHALL BE COPPER WITH 600\/ TYPE "THWN" 3436 UNION ST. SUITE 206 3. WIRE SIZES BASED ON THE COPPER, A.W.G. DRAW I NGS. OTHERWISE INDICATED BY THE FAG I L 1 TY. I INSULATION. WIRE SMALLER THAN #12 AWG SHALL NOT BE USED. I I I THE ELECTRICAL CONTRACTOR SHALL ALSO FURNISH AND/OR I I I 150 DEGREES CENTIGRADE TYPE "AF" WIRING IS REQUIRED FOR NEW YORK N.Y. 11354 4. PROVIDE D I SGONNEGTI NG MEANS AT ALL MOTOR LOADS. PERFORM THE FOLLOWING: 3. ARGHITEGT TO CONFIRM AND GOORD I NATE ALL MOUNTING HEIGHTS. INCANDESCENT FIXTURE WIRING. 828 (718)750-0888 TEL: (212) 966-7 66-7 5. VERIFY ALL REQUIREMENTS FOR KITCHEN EQUIPMENT WITH SECURE AND PAY FOR ALL REQUIRED PERMITS AND INSPECTIONS 4. ALL PENDANT GABLE MOUNTED LIGHTING FIXTURES SHALL OUTLET BOXES SHALL BE PRESSED STEEL IN DRY LOCATIONS AND EMAIL: DESIGN@JDNYS.COM EQUIPMENT SUPPLIER. VISIT JOB SITE AND VERIFY ALL EXISTING CONDITIONS PRIOR TO HAVE THE FEED CORDS THAT ARE TO BE TIGHT TO GABLE I CAST ALLOY WITH THREADED HUBS IN NET AND DAMP LOCATIONS. I WWW.JDNYS.COM 6. MAKE ALL FINAL CONNECTI ONS. I I B 1 D SUBMITTAL I I AND SECURED BY TIE WRAPS TO MATCH CORD COLOR OR GUARANTEE ALL WORK FOR A ONE YEAR PERIOD FROM THE DATE SOME OTHER NEAT DISCREET METHOD, WIRING DEVICES SHALL BE SPECIFICATION GRADE WITH COLOR OF w�cHiTECTURE■EIVGINEERING.iNrERioR �EsiGN.coNsu�TANT 7. MOUNT ALL ELECTRICAL DEVICES AND SNITCHES AS REQUIRED OF FINAL ACCEPTANCE DEV I GES AND PLATES CHOSEN BY THE OWNER. BY THE ADA AND THE LOCAL STATE BARRIER FREE RULES. 5. ARCHITECT TO CONFIRM FINISHES ON ALL L I GHT I NG FIXTURES. CONTACT ELECTRIC UTILITY COMPANY AND/OR LANDLORD AND MAKE 6. GENERAL CONTRACTOR $ ELECTRICAL CONTRACTOR TO L I GHTI N6 FIXTURES AND LAMPS SHALL BE FURNISHED, INSTALLED 8. FUSE ALL MOTORS AND MOTOR ASSEMBLIES I N A ACCORDANCE ALL ARRANGEMENTS FOR ELECTRICAL SERV I GE VERIFY AND -COORDINATE GE I L I NG CONDITION WITH FIXTURE I WITH THE N.E.G. 2008 AND MANUFACTURER'S RECOMMENDATIONS. I I CONTACT TELEPHONE COMPANY AND MAKE ALL NECESSARY I I TRIM SPECIFIED. I I AND WIRED COMPLETE BY THE ELECTRICAL CONTRACTOR. ALL LAMPS I msm cl. BALANCE THE LOADS EVENLY BETWEEN THE PHASES OF THE USED SHALL COMPLY WITH THE I qq2 ENERGY POLICY ACT INDICATING ARRANGEMENTS FOR TELEPHONE SERVICE GE 7. INSTALLING CONTRACTOR TO PROVIDE ALL THE NECESSARY THE STANDARDS FOR ENERGY SAVING LAMPS AND MINIMUM LAMP SYSTEM MINIMUM UNBALANCE OF 39/o. PROVIDE A COMPLETE GROUNDING SYSTEM PER N.E.G. HARDWARE, SUPPORT AND BLOCKING TO SECURE RECESSED LUMENS PER WATT. 10. MAINTAIN A MAXIMUM VOLTAGE DROP OF 5% THROUGHOUT THE TEST ALL CIRCUITS FOR SHORTS AND GROUNDS FIXTURE TO GE I L I N& STRUCTURE. ENGINEERING 8. ELECTRICAL CONTRACTOR TO PRO\/IDE ALL THE PANEL BOARDS SHALL BE AS INDICATED ON THE DRAWING, AS I ENTIRE SYSTEM. I I BALANCE LOADS ON ALL PANELS I I NECESSARY ELECTRICAL COMPONENTS, FEEDS, JOINERS, END I I MANUFACTURED BY ITE, SQUARE D OR WESTINGHOUSE. PROVIDE I SERVICE, PLLC I I. COORDINATE ALL WORK WITH ARCHITECTURAL, MECHANICAL, PROVIDE TEMPORARY ELEGTRI GAL SERV I GES GAPS AND ANY OTHER REaU I RED HARDWARE NECESSARY BOLT-ON CIRCUIT BREAKERS AND A TYPEWRITTEN PANEL D I RECTORY AND PLUMBING TRADES IN FIELD. FURNISH AND INSTALL EVERYTHING NECESSARY FOR A COMPLETE FOR A PROPER CODE COMPLIANT INSTALLATION. 12. VERIFY ALL EXISTING JOB CONDITIONS AND ACGOMMOIDATE ELECTRICAL OPERATING SYSTEM WHETHER GALLED FOR OR NOT cf. LIGHTING FIXTURE BALLASTS ARE TO BE AS SPECIFIED TO AS REQUIRED FOR A COMPLETE INSTALLATION. ON THE PLANS ADHERE TO REQUIRED CODES. These drawings shall be used for the 13. ELECTRICAL PANEL SHALL BE ENCLOSED INTO THE WALL. I I I I 10. LIGHTING FIXTURE EMERGENCY BATTERY BALLAST I specific project location indicated ACCEPTABLE MANUFACTURERS ARE IOTA AND BODINE. within the Title Block, and shall not 14. AEAS OTHER THAN STORAGE, CORRIDORS, STOREROOMS, EMERGENCY LUMEN OUTPUT MUST BE AS SPECIFIED. BE USED AT ANY OTHER LOCATION. RESTROOMS OR PUBLIC LOBBIES THAT CONTAIN MORE THAN ONE II. ALL SUBSTITUTIONS MUST HAVE ORIGINAL CATALOG SHEETS L I GHT FIXTURE SHALL HAVE EITHER A SWITCH THAT ALLOW THE WITH FULL ITL PHOTOMETRIC INFORMATION AND COMPUTER PROJECT LIGHTING LOAD TO BE REDUCED BY LEAST 5096 OR OCCUPANT I I I I GENERATED CALCULATIONS OF ACTUAL SPACES WHERE I SENSING DEVICES PER I EGG 505.2.2.1 - - � � - - - - - - - � �FIXTURE I S USED. - - - - PROPOSED RESTAURANT DESIGN (REPLACED) PANEL A PANEL SCHEDULE NEW PANEL B PANEL SCHEDULE ALL ELECTRICAL WORK SHALL BE INSTALLED IN ACCORDANCE WITH 1021 PEOPLS SQUARE, THE N.E.G., ALL APPLICABLE FEDERAL, STATE AND LOCAL CODES, I VOLTAGE: 120/208\/ AMPS: 400 PHASE: 3WIRE: 4 VOLTAGE: 120/208\/ AMPS: 200 PHASE: 5WIRE: 4 AND THE LANDLORD'S DESIGN CRITERIA. DESCRIPTION BREAKER WATTS GKT GKT WATTS BREKER DESCRIPTION DESCRIPTION BREAKER WATTS GKT GKT WATTS BREKER DESCRIPTION WATERLOO, IA 50702 EXIT AND EMERGENCY LIGHTING SHALL CONFORM WITH LOCAL CODES. WIRE POLE AMP A B G NO. NO. A F5 G AMP POLE WIRE WIRE POLE AMP A B G NO. NO. A7 B G AMP POLE WIRE ALL ELECTRICAL MATERIALS SHALL BE NEW, MEET N.E.G. STANDARDS GENERAL REGEPT. 12 I 20 360 1 2 50o 20 1 12 WALK-IN COOLER EVAP. DINING AREA I LIGHTING 12 1 20 180 1 2 400 20 1 12 DINING AREA I TRACK. AND SHALL BEAR THE U.L. LABEL. GENERAL REGEPT. 12 1 20 540 3 4 800 20 3 12 WALK-IN COOLER CON. DINING AREA 2 LIGHTING 12 1 20 180 3 4 400 20 1 12 DINING AREA 2 TRACK. ELECTRICAL WORK SHALL BE CONGEALED IN FINISHED AREAS WITH I GENERAL REGEPT. 12 1 1 20 900 5 6 800 COUNTER�BAR LIGHTING 12 1 20 160 5 6 400 20 1 12 CORRIDOR TRAGKLIGHT DEV I GES AND EQUIPMENT MOUNTED FLUSH WHERE POSSIBLE. GENERAL REGEPT. 12 1 20 500 7 8 300 20 1 12 WALK-I N FREEZER EVAP. VESTIBULE LIGHTING 12 1 20 40 '7 8 240 20 1 12 TRACKL I GHT ALL W I R 1 NG SHALL BE INSTALLED IN CONDUIT. NO CONDUITS SHALL GENERAL REGEPT. 12 1 20 500 Cl 10 1200 20 2 12 WALK-I N FREEZER CON. WA I TER STATION L I GHT. 12 1 20 80 9 10 200 20 1 12 KITCHEN L 1&HTI NG BE RUN IN DUCT WORK. GENERAL REGEPT. 12 1 20 1080 11 12 1200 WIRING DEVICES SHALL BE INSTALLED IN OUTLET BOXES. BOXES RESTROOM LIGHTING 12 I 20 40 II 12 80 20 I 12 WALK-IN LIGHTING SHALL BE 4" SQUARE MINIMUM WITH DEVICE COVERS TO SUIT. I GENERAL REGEPT. 12 1 20 1440 13 14 1240 20 2 12 ICE MAKER ROOM LIGHTING 12 1 20 40 13 14 80 20 1 12 HOOD LIGHT DISTRICT SECTION BLOCK LOT FIXTURES SHALL BE SUPPORTED FROM BUILD 1 NG STRUCTURE. HEAT PUMP 4 3 30 2800 15 16 1240 1 E.F 12 3 20 1100 15 16 900 20 3 12 M.U.A INSTALL PULL WIRE IN ALL EMPTY CONDUIT SYSTEMS. 1 2500 17 15 2500 30 3 4 HEAT PUMP 1100 17 18 goo PRO. NO. : 2800 19 20 2800 1100 19 20 900 OUTDOOR UNIT 10 3 20 Ia50 1 21 22 2800 DISH WASHER 12 3 20 1-700 21 22 400 20 1 12 SUSHI CASE LIGHT FIXTURE Ig50 23 24 2800 30 3 4 HEAT PUMP 1700 23 24 1000 20 1 12 COOLER UNDER DATE 05/28/2025 of O 0 IC150 25 26 2500 1-700 25 26 1000 20 1 12 COOLER UNDER OUTDOOR UNIT 10 3 20 I150 27 28 2800 BAIN MARIE 12 1 20 1000 27 28 1000 1 12 BAIN MARIE SCALE AS NOTED Ig50 29 30 BAIN MARIE 12 1 20 1000 29 30 1000 20 1 12 BAIN MARIE DRWN BY Ig5o 31 32 REFRIGERATOR 12 1 20 loco 31 32 CHKD BY LIGHT FIXTURE OUTDOOR UNIT 10 3 20 Ig50 33 34 FREEZER 12 1 20 1000 33 34 GROSS TEE MOUNTING BRACKET 1 11150 35 36 35 36 Ig50 1 37 38 1 37 38 39 4039 40 41 42 4 41 42 10,g50 g,bg0 10,65 7,440 15,6401 -7,600 ,06 ,06 ,00 620 2,90 3,38 SHEETROGK BRAND PROTECTIVE LENS A 15,3go 155.25 AMPS A 6,680 55.66 AMPS FANEL `SEL SCIJ,, EDULE GYPSUM PANEL TOTAL FOR PHASE B 18,550 154.41 AMPS TOTAL FOR PHASE B 7,960 66.33 AMPS G 18,230 151.8 I AMPS G 7,380 56.5 AMPS NGANDESGENT I XTURE RECESSED TOTAL CONNECTED LOAD: 55,150 155.1g AMPS TOTAL CONNECTED LOAD: 22,020 61.16 AMPS N.T.5. NO. REVISIONS DATE &ALV. STEEL 4"X4" BOX HANGER WIRE W/ COVER ON BOX AS REQU I RED T-BAR LOCK CLIP 3/4" CONDUIT HANGER WIRE REQUIRED 1 t, ON ALL FOUR CORNERS 1. ONE HOUR WALL, UL DE516N NO. U465. ° EXISTING 2. 25 6A. 6.1. RUNNER. CLIP ATTACHMENT SEAL & SIGNATURE : STRUCTURE 1/2" FLEX 3. 22 6A. G.I. SLEEVE. °° \,�``�opil FESSION'''%., 4. STEEL PIPE OR CONDUIT. ° 25. WRAP STRIP - I/4" INTUMESCENT ELASTOMERIG MATERIAL GRID -BAR FLAT IRON STRAP ` FACED ON ONE SIDE WITH ALUMINUM FOIL, SUPPLIED IN 2" ° ° _J; MOHAMED SAID �t s ti WIDE STRIPS. NOMINAL 2 WIDE STRIP TIGHTLY WRAPPED °°�° HANGER ®4-O O.G. MAX - MAHMOUD - AROUND STEEL PIPE, STEEL CONDUIT OR PIPE COVERING f (FOIL 51DE OUT) WITH SEAM BUTTED. WRAP STRIP LAYER ` m °° P2 38 CEILING TILE : �i�. SECURELY BOUND WITH STEEL WIRE OR ALUMINUM FOIL TAPE °° 1-1/2�� COL ROLLED 5 6 3 4 WIRE CLIP #9 SPRING I6 GA. ST SUSP. AND SLID INTO ANNULAR SPACE APPROXIMATELY 1-1/4 STL OR APP'D EQUAL CHANNEL 75# "'��ill "` SUCH THAT APPROXIMATELY 5/4" OF THE WRAP STRIP \ \� WIDTH PROTRUDES FROM THE WALL SURFACE. MINNESOTA V (§4'-(o" O. . MAX. MINING 4 MANUFACTURING CO. - TYPE 1`5-Icf5. GRID T-BAR 4/14/25 6. CAULK - MIN. I/4 DIA. CONTINUOUS BEAD APPLIED TO LEADING EDGE OF WRAP STRIP PRIOR TO INSERTION OF �� FIXTURE AS INDICATED .41 WRAP STRIP LAYER IN ANNULAR SPACE. AFTER INSERTION REF. NO. OF WRAP STRIP LAYER IN ANNULAR SPACE A NOMINAL 1/4" ACOUSTICAL LAY IN I-9/16" ELECTRO GAT CLIP ACOUSTICAL LAY IN PROTECTIVE LUCITE LENS i DIA. CONTINUOUS BEAD 15 TO BE APPLIED TO THE WRAP PANEL CONSULT OWNER GALV. STL. PANEL CONSULT OWNER JD - 01125 STRIP/WALL INTERFACE AND TO THE EXPOSED EDGE OF FOR STYLE SPLINE g4'-0" FOR STYLE THE STRIP LAYER APPROXIMATELY 5/4" FROM THE WALL O.G. MAX. SURFACE. MINNESOTA MINING 4 MANUFACTURING GO. - TYPES GP-25 S/L, GP-25 N/5 UL THROUGH-PENETRATION I NEW S U S P E I`l S I O I`l G E I I N G S Y S TE 1� DWG N O. FIRE5TOP SYSTEMS (XHEZ) SYSTEM NO. 145. T`I'P I G AL DROP G E I L I I�lO O R I � �E TA I L �- TYP I GSL LED LIGHTING PANEL FIXTURE XTURE MOUNTI NCS (RECESSED) NMS. N.T.5 PIPE THRU RESIST. WALL N.T.5. o o N.T.S. Page 211 of 316 of Wq r4� APPLICATION SITE PLAN AMENDMENT a "M-P" "C-P" � -P" "S-1" OR B o "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND 'd o 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: I a. Applicant's name—Business Naive if Applicable(please print): f klf� y4 Ln ` �t/l�J i7,�{Inm A LLC Address: r7.-f-L,Z Phone: 1. 78(_'1W3 Fax: City: bul(,feuchv State: jo(dna Zip: r),07V/ Email:_ b. Status of applicant: lad tlwnui (b) uther (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): �/,i j d"j i r c �'1 a yf e��tt LLC Address: 0 Vie, Phone: JAI L� E-121 Fax: City: State: _IV(,V,i Zip: )v I Email: 2. PROPERTY INFORMATION: I a. General location of site plan to be amended:_ 0�1 �7C'_y�� r�,f t X L:c -� l,J firA0 IV b. Legal description of property or portion to be amended: ( ywPr" L21 c. Dimensions of proposed site pian amendment: (J d. Area of proposed site plan amendment: e. Current zoning: a L-1 C- 2- f. f. Reason(s) for site plan amendment and proposed use(s) of property: /Ze L1 Irl is�A7� USI' g. Conditions(if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of$200 (for new or overall amendment), $100(for individual Building),or$0(for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. PLEASE NOTE: The City of Waterloo will never email you asking to pay via electronic means.The City of Waterloo Community Planning and Development only accepts checks or cash at our office. Under no condition shall said sum or any part thereof be refruided 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 Conunission 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 tindetsigue authorize City Zoning Officials to enter the property)6 que in reqrds to�reques l 1L yY1414- 111pla2EC-if D Cionarnr�of Annlirartit r)nfe C,anatnrP fn „e,- Phgb-212 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer May 19, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving Addendum No. 5, in the amount of $14,210.00, with Entrust Solutions Group, of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION See attached Addendum No. 5 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 213 of 316 1. Addendum No 5 - EN Communications Proposal - City of Waterloo IA - New City Hall Location 2025 (l) Page 214 of 316 ADDENDUM NO. 5 TO THE EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA— PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2025 CITY OF WATERLOO, IOWA DATE: May 1, 2025 The following is a revision to the EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA — PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2025: o This Addendum has been created to account for labor towards the re-engineering of the design and updating the Bill of Materials (BoM) associated with the new City Hall building re-locating to 100 E 4t" St. It does not include any construction labor or material costs associated with the updated BoM. o Scope of Work: o Task 1: Analyzing and Optimizing Fiber Infrastructure. ■ Redesign the Backbone (BB) architecture and fiber network to accommodate the fiber path and CO/HUB location change to the City Hall. ■ Ensure updated circuits from the new CO/HUB location include proper redundancy/diversity. o Task 2: Equipment and Component Selection for BB Network. ■ Select the appropriate equipment and components for integration into the existing designed BB network. ■ Provide Bill of Materials listing out the added/adjusted equipment and components. o The following labor pricing is net new costs to the project: Staff Hours Rate Total —Design Engineer 80 $130.00 $10,400 Estimator 10 $115.00 $1,150 Design Technician 16 $130.00 $2,080 Design Coordinator 4 $145.00 $580 Total 110 $14,210 Page 1 of 2 Page 215 of 316 Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same revision to any and all related areas of the Contract Documents not specifically called out in this Addendum. Quentin Hart Andrew Van Fleet Mayor of Waterloo, Iowa Board Chair City of Waterloo Waterloo Fiber C'Oz 'V�Ylaz'-61A Cole Henkle Vice President Design & Engineering EN Engineering, LLC Page 2 of 2 Page 216 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer May 19, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Eocene Enviromental Group, of North Liberty, Iowa, in the amount of $8,830.00, in conjunction with the FY 2024 Sergeant Road Trail Repairs Project, Contract No. 1091, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Historic bridge assessments NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Eocene PSA - Waterloo Trellis Bridges Assessments Page 217 of 316 Page 218 of 316 PROFESSIONAL SERVICES 24MEocenesM AGREEMENT (PSA) Environmental Group Project: 5 Historic Bridge Assessments, TAP-U-8155(788)-81-07 Property: Sergeant Road Trail Client: Black Hawk Contact: Jamie Knutson Address: 715 Mulberry Street City/State/Zip: Waterloo, Iowa Phone: 319-291-4312 Email: jamie.knutson@waterloo-ia.org AGREEMENT made this 1s'day of May, 2025, by and between the service provider, Eocene Environmental Group (Eocene)and the City of Waterloo (Client). WHEREAS the client intends to engage the services of Eocene to: conduct five (5) historic bridge assessments along the Sergeant Road Trail. WHEREAS, Eocene agrees to provide said services pursuant to the terms of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Project Eocene will complete five (5) historic bridge assessments identified as Structures 2 to 6 along the Sergeant Road Recreational Trail in Waterloo, Black Hawk County and referenced TAP-U-8155(788)-81-07 Technical Report 2831, prepared by AECOM. The assessments will be conducted by a Secretary of Interior-qualified Architectural Historian. The objective of the assessment is to determine if each bridge possesses historic integrity and significance, and whether further study is recommended. The project deliverables will include five separate summary reports, one for each bridge, that will also include a completed Iowa State Historic Preservation Office (SHPO)survey inventory form. 2. Scope of Services The following scope of services assumes that the City shall provide Eocene with photographic documentation of sufficient quality and detail to appropriately document in accordance with NRHP &SHPO standards, each of the five (5) bridges. The photographs will be utilized by Eocene in the preparation of the historic bridge assessments, and site visits will not be required by Eocene staff under this scope. Desktop Review.A desktop review will be conducted to compile relevant historical information pertaining to the rail line and each bridge. The review will include a review of historic maps and plats, aerial photography, the Iowa SHPO ISites historic resource database, and the two statewide historic contexts of bridges in Iowa. The latter 09-24 315 West Cherry Street,Suite 4,North Liberty,IA 52317 866.875.5527 eocene.com PAGE 1 OF 6 Page 219 of 316 documents establish standards to evaluate historic bridges for eligibility for the National Register of Historic Places (NRHP). Iowa SHPO Historic Resource Inventory Form (total of 5). Eocene shall prepare an individual survey form, in accordance with SHPO survey standards, for each of the five (5) bridges. The form shall include not only an architectural description, but will assess the integrity of the bridge and evaluate its potential NRHP eligibility. Summary Report(Total of 5). Eocene will prepare a brief summary report for each bridge to include an overview of the integrity assessment and NRHP evaluation. The survey form will be attached as an Appendix to the summary report. In the event that Eocene determines that a bridge may be potentially eligible for the NRNP, a recommendation for further study will be made in order to formally evaluate its eligibility. Quality Assurance.All project deliverables will be reviewed by a Senior Architectural Historian as well as a Technical Editor prior to submittal to the City. 3. Eocene Responsibilities Eocene Hereby agrees to: I. Provide the professional services as set forth in this Agreement; and ll. Perform said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality. 4. Client Responsibilities Client hereby agrees to: I. Provide a knowledgeable representative of the Property,who will be available to coordinate all on-site work; and II. Provide unrestricted access to the Property for Eocene to perform the services; and III. Provide copies of any previously completed reports that may be pertinent to this Project. 5. Schedule The Project will commence immediately upon receipt of the executed Professional Services Agreement (PSA) from the Client. Eocene will strive to submit all deliverables to the County within four weeks of the executed PSA. 6. Project Cost, Payment and Termination The Client shall pay Eocene the Lump Sum Cost of$8,750.00 for the performance of the historic bridge assessment as presented in this Agreement. Direct costs such as communications, postage, routine printing and copying are not invoiced separately but are included with the Lump Sum to streamline the accounting process and reduce overhead costs. Tasks Cost Five (5) Historic Bridge Assessments $8,830.00 Total $8,830.00 Invoices for Eocene's services will be submitted every 30 days or upon project completion if project completion is less than 30 days. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, Eocene may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, suspend or terminate the performance of services. Time and material costs will be adjusted annually in accordance with rate increases paid to personnel, inflation, and market conditions. 7. Work Product 315 West CherryStreet,Suite 4,Nth Liberty,IA 52317 866.875.5527 09F reeorerY� eocene.com PAGE 2 OF-24 6 6 Page 220 of 316 All field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by Eocene as instruments of service and/or used in the preparation of the final project deliverables shall remain the property of Eocene. All project documents including, but not limited to, plans and specifications furnished by Eocene under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by Eocene, shall be at the Client's sole risk, and Client shall defend, indemnify and hold harmless Eocene from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the Client be deemed a sale by Eocene, and Eocene makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall Eocene be liable for indirect or consequential damages as a result of the Client's use or reuse of the electronic files. Because electronic file information can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently, without notice or indication, Eocene reserves the right to remove itself from its ownership and/or involvement in the material from each electronic medium not held in its possession. Client shall retain copies of the work performed by Eocene in electronic form only for information and use by Client for the specific purpose for which Eocene was engaged. Said material shall not be used by Client or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by Eocene without Eocene's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at Client's sole risk. Furthermore, the Client agrees to defend, indemnify, and hold Eocene harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the modification or reuse of these materials. 8. Project Site The Client agrees to use good faith efforts to maintain a safe Project site for Eocene staff and, as applicable, subcontractors and assigns. Such good faith efforts shall include, but not exhaustive, ensuring that Project site is free and clear of any imminent hazards that pose a direct and immediate danger to any such individual potentially affected. 9. Claims and Disputes Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or Eocene. Eocene's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against Eocene because of this Agreement or the performance or nonperformance of services hereunder. The Client and Eocene agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision. The Client shall make no claim for professional negligence, either directly or in a third party claim, against Eocene unless the Client has first provided Eocene with a written certification executed by an independent professional currently practicing in the same discipline as Eocene and licensed in the State in which the claim arises. 10. Limited Liability The Client agrees, to the fullest extent permitted by law, to limit the liability of Eocene and Eocene's officers, directors, partners, employees, shareholders, owners and subconsultants to the Client for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys'fees and costs and expert witness fees and costs, so that the total aggregate liability of Eocene and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed $50,000. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 11. Mediation In an effort to resolve any conflicts that arise during the project or following the completion of the project, the Client and Eocene agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The Client and Eocene further agree to include a similar mediation provision in all agreements with independent contractors and consultants 315 West CherryStreet,Suite 4,Nth Liberty,IA 52317 866.875.5527 09F reeorerY� eocene.com PAGE 3 OF-24 6 6 Page 221 of 316 retained for the Project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 12. Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the prevailing party. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 13. Controlling Law This Agreement shall be construed and enforced in accordance with the laws of the state of Iowa. 14. Assignment Neither the Agreement nor any of the rights or obligations arising under the Agreement may be assigned without prior written consent. This agreement is approved and accepted by the Client and Eocene upon both parties signing and dating the agreement. The effective date of the agreement shall be the last date entered below. 315 West CherryStreet,Suite 4,Nth Liberty,IA 52317 866.875.5527 09F reeorerY� eocene.com PAGE 4 OF-24 6 6 Page 222 of 316 CITY OF WATERLOO Accepted by: Printed/Typed Name: Title: Date: EOCENE ENVIRONMENTAL GROUP Accepted by: aic-41— Printed/Typed Name: Chant Eike Title: Regional Manager Date: May 1, 2025 Prepared By: Jaime Destefano 315 West CherryStreet,Suite 4,North Liberty,IA 52317 866.875.5527 eocene.com 09F 6 Y- PAGE 5 OF 6 Page 223 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer May 19, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving Addendum No. 4, in the amount of $124,210.00, with Entrust Solutions Group, of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION See attached Addendum No. 4 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 224 of 316 1. Addendum No 4 - EN Communications Proposal - City of Waterloo IA - Additional City Backbone Sites 2025 (1) Page 225 of 316 ADDENDUM NO. 4 TO THE EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA— PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2025 CITY OF WATERLOO, IOWA DATE: May 1, 2025 The following is a revision to the EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA — PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2025: o This Addendum has been created to account for labor towards the re-engineering of the design, re-working the splicing schematics, updating the Bill of Materials (BoM) and any applicable permit work associated with the additional City of Waterloo facilities connecting to the backbone. It does not include any construction labor or material costs associated with the updated BoM. o Scope of Work: o Task 1: Analyzing and Optimizing Fiber Infrastructure. ■ Determine the best Backbone (BB) architecture and fiber path for each building, based on factors such as the number of units, the distance from the central office, the bandwidth demand, the cost, and the future scalability. Summary Splicing Counts Site Description Count New Sites 63 Existing Sites 8/2022 List 38 o Task 2: Equipment and Component Selection for BB Network. ■ Select the appropriate equipment and components for integration into the existing designed BB network. ■ Provide Bill of Materials listing out the added/adjusted equipment and components. o Task 3: Permit Design. ■ Analyze the jurisdictional impacts of the updated BB network. ■ Produce permittable documents for jurisdictional submission. Waterloo Crossings Permit Summary Report This report provides an overview of permit-related requirements for 61 identified fiber optic crossing locations in the Waterloo, Iowa project area. Each location was assessed for the potential need for easements, DOT permits, floodplain/wetlands involvement, and railroad coordination. Page 1 of 2 Page 226 of 316 Summary Permit Counts Permit Type Count Easement Needed 39 Possible Floodplain 2 Possible Wetlands 1 Railroad Crossing 4 DOT Permit Needed 3 o The following labor pricing is net new costs to the project: Staff Hours Rate Total Design Engineer 100 $130.00 $13,000 —Design Technician 650 $125.00 $81,250 Permit Coordinator 150 $100.00 $15,000 Estimator 40 $115.00 $4,600 Design Technician 80 $130.00 $10,400 —Design Coordinator 8 $145.00 $1,160 Total 1,028 $124,410 Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same revision to any and all related areas of the Contract Documents not specifically called out in this Addendum. Quentin Hart Andrew Van Fleet Mayor of Waterloo, Iowa Board Chair City of Waterloo Waterloo Fiber r,e& 'Oila4" Cole Henkle Vice President Design & Engineering EN Engineering, LLC Page 2 of 2 Page 227 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer May 19, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving Addendum No. 6, in the amount of $3,155.00, with Entrust Solutions Group, of Denver, Colorado, in conjunction with the FY 2023 Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION See attached Addendum No. 6 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 228 of 316 1. Addendum No 6 - EN Communications Proposal - City of Waterloo IA - PMCMCI 2025 Page 229 of 316 ADDENDUM NO. 6 TO THE EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA— PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2025 CITY OF WATERLOO, IOWA DATE: MAY 6, 2025 The following is a revision to the EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA — PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2024: o Due to long lead times with USACE permits for one (1) levee crossing in Task Order 16, the City requested to go overhead and attach to MidAmerican Energy poles. o This Addendum has been created to account for labor towards the Make Ready Engineering (MIRE) services (make ready, pole loading analysis, pole applications, PE stamps, and pole data collection) for the MidAmerican Energy pole attachment applications. o The following labor pricing is net new costs to the project: Service Description Quantit Unit Price Amount Pole Load Analysis Design Coordinator 5 $145.00 $725.00 Make Ready Engineering Design Tech II 5 $130.00 $650.00 Pole Data Collection Construction Manager 2 $175.00 $350.00 Pole Data Collection Construction Inspector 2 $140.00 $280.00 Pole Data Collection Field Manager 1 $200.00 $200.00 PE Stamps PE Stamps 5 $190.00 $950.00 TOTAL $3,155.00 Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same revision to any and all related areas of the Contract Documents not specifically called out in this Addendum. Quentin Hart Andrew Van Fleet Mayor of Waterloo, Iowa Board Chair City of Waterloo Waterloo Fiber Cole Henkle Vice President Design & Engineering EN Engineering, LLC Page 1 of 1 Page 230 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer May 19, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in an amount not to exceed $260,100.00, in conjunction with the FY 2025 Biennial Bridge Review Program, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES GO Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. WAT 2025 Biennial Bridge Review PSA 2024.04.29 Page 231 of 316 Page 232 of 316 �Com AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo,Iowa 50703 www.aecom.com 2025 BIENNIAL BRIDGE REVIEW PROGRAM CITY OF WATERLOO PROFESSIONAL SERVICE AGREEMENT This Agreement is made and entered by and between AECOM Technical Services, Inc., 501 Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as"CLIENT." IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities in accordance with the Scope of Services set forth in Exhibit A attached hereto. II. ATS'S RESPONSIBILITIES ATS shall, subject to the terms and provisions of this Agreement: (a) Appoint one or more individuals who shall be authorized to act on behalf of ATS and with whom CLIENT may consult at all reasonable times, and whose instructions, requests, and decisions will be binding upon ATS as to all matters pertaining to this Agreement and the performance of the parties hereunder. (b) Use all reasonable efforts to complete the Services within the time period mutually agreed upon, except for reasons beyond its control. (c) Perform the Services in accordance with generally accepted professional engineering standards in existence at the time of performance of the Services. If during the two- year period following the completion of Services, it is shown that there is an error in the Services solely as a result of ATS's failure to meet these standards, ATS shall re- perform such substandard Services as may be necessary to remedy such error at no cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and materials, or over competitive bidding and market conditions, ATS does not guarantee the accuracy of any construction cost estimates as compared to contractor's bids or the actual cost to the CLIENT. ATS makes no other warranties either express or implied and the parties' rights, liabilities, responsibilities and remedies with respect to the quality of Services, including claims alleging negligence, breach of warranty and breach of contract, shall be exclusively those set forth herein. (d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require from all vendors and subcontractors from which ATS procures equipment, materials or services for the project, guarantees with respect to such equipment, materials and services. All such guarantees shall be made available to CLIENT to the full extent of the terms thereof. ATS's liability with respect to such equipment, and materials obtained from vendors or services from subcontractors, shall be limited to procuring guarantees from such vendors or subcontractors and rendering all reasonable assistance to CLIENT for the purpose of enforcing the same. Page 233 of 316 AECOM Page 2 (e) ATS will be providing estimates of costs to the CLIENT covering an extended period of time. ATS does not have control over any such costs, including, but not limited to, costs of labor, material, equipment or services furnished by others or over competitive bidding, marketing or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, it is acknowledged and understood that any estimates, projections or opinions of probable project costs provided herein by ATS are estimates only, made on the basis of ATS's experience and represent ATS's reasonable judgment as a qualified professional. ATS does not guaranty that proposals, bids or actual project costs will not vary from the opinions of probable costs prepared by ATS, and the CLIENT waives any and all claims that it may have against ATS as a result of any such variance. III. CLIENT'S RESPONSIBILITIES CLIENT shall at such times as may be required for the successful and expeditious completion of the Services; (a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the project; and designate a person with authority to act on CLIENT's behalf on all matters concerning the Services. (b) Furnish to ATS all existing studies, reports and other available data pertinent to the Services, and obtain additional reports, data and services as may be required for the project. ATS shall be entitled to rely upon all such information, data and the results of such other services in performing its Services hereunder. IV. INDEMNIFICATION ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits, actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys' fees directly related thereto) for bodily injury or death of any person or damage to third party property if and to the extent arising from the negligent errors or omissions or willful misconduct of ATS during the performance of the Services hereunder. V. INSURANCE Commencing with the performance of the Services, and continuing until the earlier of acceptance of the Services or termination of this Agreement, ATS shall maintain standard insurance policies as follows: (a) Workers' Compensation and/or all other Social Insurance in accordance with the statutory requirements of the state having jurisdiction over ATS's employees who are engaged in the Services, with Employer's Liability not less than One Hundred Thousand Dollars ($100,000)each accident; (b) Commercial General Liability including third party Bodily Injury and Property Damage Liability and Contractual Liability insurance in a limit of One Million Dollars ($1,000,000)each occurrence and in the aggregate. (c) Business Auto Liability Insurance (owned, non-owned or hired) in a combined single limit of One Million Dollars ($1,000,000). Page 234 of 316 �Com Page 3 ATS agrees to include CLIENT as Additional Insured on the Commercial General Liability and Business Auto Liability policies, but only to the extent of ATS's negligence under this agreement and only to the extent of the insurance limits specified herein. (d) Professional Liability Insurance with limits of $1,000,000 per claim and in the aggregate covering ATS against all sums which ATS may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. ATS agrees to provide CLIENT with certificates of insurance evidencing the above-described coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall provide prompt notice to the CLIENT in the event of cancellation, material change, or non-renewal per standard ISO Acord Form wording and the policy provisions. VI. COMPENSATION AND TERMS OF PAYMENT Compensation for the services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. Total compensation is an estimated fee of Two Hundred Sixty Thousand One Hundred Dollars ($260,100.00) and will not be exceeded without authorization from the CLIENT. ATS may bill the CLIENT monthly for services completed at the time of billing. CLIENT agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof. In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such disputed item within ten (10)days after receipt of invoice and shall pay to ATS the undisputed portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any applicable statutory prompt pay provisions currently in effect. VII. TERMINATION CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14) days written notice to ATS. The obligation to provide further Services under this Agreement may be terminated by either party upon fourteen (14) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, providing such defaulting party has not cured such failure, or, in the event of a non-monetary default, commenced reasonable actions to cure such failure. In either case, ATS will be paid for all expenses incurred and Services rendered to the date of the termination in accordance with compensation terms of Article VI. VIII. OWNERSHIP OF DOCUMENTS (a) Sealed original drawings, specifications, final project specific calculations and other instruments of service which ATS prepares and delivers to CLIENT pursuant to this Agreement shall become the property of CLIENT when ATS has been compensated for Services rendered. CLIENT shall have the right to use such instruments of service solely for the purpose of the construction, operation and maintenance of the Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole risk without liability or legal exposure to ATS and CLIENT agrees to release, defend and hold ATS harmless from and against all claims or suits asserted against ATS in the event such documents are used for a purpose different than originally prepared Page 235 of 316 �COM Page 4 even though such claims or suits may be based on allegations of negligence by ATS. Nothing contained in this paragraph shall be construed as limiting or depriving ATS of its rights to use its basic knowledge and skills to design or carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. (b) Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced and ATS makes no warranty as to the compatibility of these files with any other system or software. Because of the potential degradation of electronic medium over time, in the event of a conflict between the sealed original drawings and the electronic files, the sealed drawings will govern. IX. MEANS AND METHODS (a) ATS shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety measures and programs including enforcement of Federal and State safety requirements, in connection with construction work performed by CLIENT's construction contractors. Nor shall ATS be responsible for the supervision of CLIENT's construction contractors, subcontractors or of any of their employees, agents and representatives of such contractors; or for inspecting machinery, construction equipment and tools used and employed by contractors and subcontractors on CLIENT's construction projects and shall not have the right to stop or reject work without the thorough evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or omissions of CLIENT's construction contractors, subcontractors or any persons or entities performing any of the construction work, or for the failure of any of them to carry out construction work under contracts with CLIENT. (b) In order that ATS may be fully protected against such third-party claims, CLIENT agrees to obtain and maintain for the benefit of ATS the same indemnities and insurance benefits obtained for the protection of the CLIENT from any contractor or subcontractor working on the project and shall obtain from that contractor/subcontractor insurance certificates evidencing ATS as an additional named insured. X. INDEPENDENT CONTRACTOR ATS shall be an independent contractor with respect to the Services to be performed hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed to be the servants, employees, or agents of CLIENT. XI. PRE-EXISTING CONDITIONS Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre- existing contamination" is any hazardous or toxic substance present at the site or sites concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release, defend, indemnify and hold ATS harmless from and against any and all liability which may in any manner arise in any way directly or indirectly caused by such pre-existing contamination except if such liability arises from ATS's sole negligence or willful misconduct. Page 236 of 316 �COM Page 5 CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage, transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the disposal facility and/or transporter for any responsibility or liability arising from improper disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT in CLIENT's obligations or responsibilities as a generator in the storage, transportation, treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute any governmentally required forms relating to regulated activities including, but not limited to generation, storage, handling, treatment, transportation, or disposal of pre-existing contamination. In the event that ATS executes or completes any governmentally required forms relating to regulated activities including but not limited to storage, generation, treatment, transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be deemed to have acted as CLIENT's agent. For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall approve selection of the contractors to perform such services, all site locations, and provide ATS with all necessary information regarding the presence of underground hazards, utilities, structures and conditions at the site. XII. LIMITATION OF LIABILITY CLIENT agrees that ATS's liability for the act, error or omission in its performance of services under this Agreement shall in no event exceed the amount of the total compensation received by ATS. It is intended by the parties to this Agreement that ATS's services in connection with the project anticipated herein shall not subject ATS's individual employees, officers, or directors to any personal legal exposure for the risks associated with this project. XIII. DISPUTE RESOLUTION If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall notify the other party in writing of the dispute desired to be mediated. If the parties are unable to resolve their differences within 10 days of the receipt of such notice, such dispute shall be submitted for mediation in accordance with the procedures and rules of the American Arbitration Association (or any successor organization) then in effect. The deadline for submitting the dispute to mediation can be changed if the parties mutually agree in writing to extend the time between receipt of notice and submission to mediation. The expenses of the mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement to seek mediation shall be a condition required before filing an action at law or in equity. However, prior to or during the negotiations or the mediation either party may initiate litigation that would otherwise be barred by a statute of limitations, and ATS may pursue any property liens or other rights it may have to obtain security for the payment of its invoices. XIV. MISCELLANEOUS (a) This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In Page 237 of 316 AECOM Page 6 the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. (b) This Agreement shall be governed by the laws of the State of Iowa. (c) ATS may subcontract any portion of the Services to a subcontractor approved by CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of its obligations under this Agreement. (d) In no event shall either party be liable to the other for indirect or consequential damages, including, but not limited to, loss of use, loss of profit or interruption of business, whether arising in contract, tort (including negligence), statute, or strict liability. (e) In the event CLIENT uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only, and any typed provision in conflict with the terms of this Agreement and all preprinted terms and conditions contained in or on such forms shall be deemed stricken and null and void. (f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and does not create any third-party beneficiaries to the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written below. APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM TECHNICAL SERVICES, INC. By: By: #/1 le 101 sxez Printed Name: Quentin Hart Printed Name: Michelle M. Sweeney, PE, PTOE Title: Mayor Title: Associate Vice President Date: Date: 4/29/2025 Page 238 of 316 2025 BIENNIAL BRIDGE REVIEW PROGRAM CITY OF WATERLOO EXHIBIT A I. PROJECT DESCRIPTION The project is described as the 2025 Biennial Bridge Review Program. ATS will complete the review of the Client's 62 structures (37 bridges and 25 culverts). These structures are federally classified as bridges and included on the National Bridge Inventory (NBI) list for which Structure Inventory and Appraisal (SI&A)forms are required to be submitted to the Iowa DOT by the Client. In addition to these structures, there are 17 additional structures to be reviewed (5 bridges and 12 culverts)that are not federally classified as bridges. The 17 non-NBI structures include: • Sunnyside and Prescott's Creek Bridges on the Sergeant Road Trail • 4th Street Canopy Bridge over the Cedar River • Four Dry Run Creek reinforced concrete box (RCB) culverts under Winn Street, Tower Park Drive, Kimball Avenue and San Marnan Drive • Sunnyside Drainageway RCB under San Marnan Drive • Twin RCB under 500 Block of W. Shaulis Road • Independence Avenue over Blowers Creek (single RCB with 8 pipe culverts) • Twin RCB under 1400 Block N. Elk Run Road • 400 Block E. Airline Highway (small bridge over drainageway) • Single RCB under Broadway Street/ US 218 NB Offramp • Single RCB under Huntington Road between Edgewood Drive and Ingersoll Road • Triple RCB under 1600 Block Katoski Drive • Single RCB under 1400 Block W. Ridgeway Avenue • DeWitt Road Bridge over Drainage between US 20 and Ranchero Road II. SCOPE OF SERVICES Services to be provided for the project under this agreement are as follows: 1. Conduct field reviews for the Client's federally-classified bridges. 2. Prepare condition rating and appraisal for the Client's federally-classified bridges. 3. Update SI&A forms for the Client's federally-classified bridges meeting the Iowa DOT's Bridge Inspection Manual updated July 2024. 4. Provide rating updates for up to 4 bridges based on condition changes observed during the 2025 inspections that could impact the structural capacity. Update the City's Emergency Vehicle (EV) Report, as needed, for updated ratings. 5. Update the City's EV Report to incorporate the Park Avenue Bridge and the 11th Street Bridge. 6. Enter updated SI&A forms for the Client's federally-classified bridges into the Iowa Department of Transportation's electronic database. Page 239 of 316 7. Field review of the 8 Cedar River Bridge crossings using a snooper truck. The snooper truck rental will be coordinated by ATS. It is anticipated the traffic control required during the snooper truck inspections will be completed by City staff. 8. Complete a review of the 17 additional structures (5 bridges and 12 culverts) that are not included on the NBI list. 9. Review the NBI condition ratings and inspection data for each bridge and rank the City Bridges from best condition to worst condition. 10. Develop repair recommendations and associated cost estimates for the City bridges ranked 21-40 based on condition (the middle 20 bridges). As part of these recommendations, include maintenance items that can be performed by City forces, including recommended products such as crack sealers or deck sealers. 11. Prepare a summary report for the Client in a format similar to previous years. The summary report will be submitted to the Client by December 31, 2025. 12. Prepare copies of rating forms, in addition to structure photographs, to the Client in the form of an appendix within the summary report. EXCLUSIONS The following tasks are specifically excluded from this scope, but may be added by supplemental agreement, if needed: • Updating EV Load Ratings for new vehicles. • Underwater Bridge Inspection (2026) L:\Secure_DCS\Administration\AGREE\PROF\Wat FY25 Biennial Bridge Review.doc Page 240 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer May 19, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving documents, and adopt and levy the Final Schedule of Assessments, in conjunction with the FY 2025 Sidewalk Repair Assessment Program - Zone 4, Contract No. 1111, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted herewith are the final schedule of assessments, abandonment schedule, final plats and breakdown of project costs for the FY 2025 Sidewalk Repair Assessment Program — Zone 4, Contract No. 1111, which is bounded by: West Mullan Avenue - Cedar River- West 18th Street - Williston Avenue — West 6th Street - Washington Street - West Mullan Avenue. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 241 of 316 ATTACHMENTS 1. Breakdown of project costs Page 242 of 316 Contract No. 1111 BREAKDOWN OF PROJECT COSTS PROJECT TITLE:F.Y.2025 SIDEWALK REPAIR ASSESSMENT PROGRAM-ZONE 4 Assessable Cost Non-Assessable Cost Total Cost Project Cost $196,217.57 $170.84 $196,388.41 Assessments to City Property $0.00 $0.00 $0.00 Conditional Deficiency(private) $2,868.11 0 $2,868.11 Total Project Cost $199,085.68 $170.84 $199,256.52 Coonstruction Cost Engineering&Incidentals $186,928.83 $12,327.69 $199,256.52 Page 243 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving an Early Access Agreement with 3 Stooges, LLC, to allow certain development activities on land located south of 115 Warp Drive, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION _ Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is an Early Access Agreement with 3 Stooges, LLC, to allow development activities to occur on land located south of 115 Warp Drive, and authorizing the Mayor and City Clerk to execute said document. 3 Stooges, LLC is going to construct a 50,400 square-foot warehouse, and the early access agreement will allow them to begin earth work activities, other site preparation and foundation of the new building prior to the land being conveyed. A development agreement will be heard at the June 2, 2025 City Council meeting NEIGHBORHOOD IMPACT The early access agreement will not negatively impact the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The Planning and Zoning Commission recommended approval of the site plan amendment for the new building on April 8, 2025, and the City Council approved it on April 21, 2025. SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 244 of 316 LEGAL DESCRIPTION Lots 1 and 2, Waterloo Air and Rail Park 1 st Addition, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Early Access Agreement 2. Aerial Map Page 245 of 316 EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of May , 2025, by and between the City of Waterloo, Iowa("City") and 3 Stooges, LLC ("Company"). WHEREAS, Company has agreed to enter into a Development Agreement concerning the property legally described as Lots I and 2, Waterloo Air and Rail Park 1St Addition, City of Waterloo, Iowa, and Company executed said Development Agreement on or about April 3, 2025, by and through Anthony Fischels. WHEREAS, the Development Agreement has not been formally approved by the City, but the matter is in the process of being presented to the City Council and/or other officials for formal approval. WHEREAS, the parties desire that Company have access to the Property to begin certain activities before the Property is conveyed to Company pursuant to the Development Agreement. NOW, THEREFORE, in consideration of the future transactions contemplated by the patties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows; 1. City hereby grants to Company the right to enter upon the Property to begin development activities, subject to permitting or licensing requirements for such activities. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property pursuant to the Development Agreement. Company's right to conduct its activities upon the Property is expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $1,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, elected officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Company agrees to be responsible for any liability which may arise out of the acts or omissions of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines,penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising out of said acts or omissions,or arising out of the fact of City's ownership of the Property, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. Page 246 of 316 4. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the approval of a Development Agreement in respect of the Property as expeditiously as possible. S. Company acknowledges and understands that the Development Agreement that has been executed by Company has not yet received the required and formal approval of the City. As stated in the Development Agreement itself, any and all of the City's obligations contained in the Development Agreement are contingent upon the satisfactory completion of all procedures, hearings,and approvals.As between Company and the City,and any of the City's agents,officials, or employees,and without limiting Section 3, Company hereby knowingly and voluntarily waives any and all claims of any kind whatsoever for any activities, work, or materials that it provides, and waives any and all claims of any kind whatsoever relating to any expenses it incurs, in connection with this Agreement and prior to the City's formal approval of the Development Agreement. 6. If for any reason the contemplated conveyance of the Property between the parties is canceled or otherwise does not occur, then at its sole expense Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property and restore, as nearly as possible,the condition of the Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 6. The rights and duties of Company under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF,the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO,IOWA 3 STOOGES, LL By: Quentin M. Hart, Mayor Attest: By: Kelley Felchle, City Clerk (Print Name) Title: 2 Page 247 of 316 Aerial Map outlined in Yellow �r LU Page 248of • CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving a Development Agreement with Twin Card Holdings LLC, with a Minimum Assessment Agreement of $135,000.00, and the CURA tax abatement, for the construction of a 4,500-square-foot building southwest of 1010 Commercial Street, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The new building will be 4,500 square feet of office and warehouse space. Attached is a site plan and the new building is located to the southwest of the building at 1010 Commercial Street. NEIGHBORHOOD IMPACT The request would appear to have a positive impact on the neighborhood, as the building will provide more warehouse and office space for a growing business in an industrial part of Waterloo. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 8, 9, and Northeasterly 60 feet in even width of Lot 10, all in Block 39, in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Page 249 of 316 ATTACHMENTS 1. Site Plan Community Wholesale 2. 1010 Commercial St - DA (SIGNED) 3. site plan - aerial Page 250 of 316 AA C� �k c dLq/W 44 - Ouwpv Llfv-'�e Tem �'LL�f L r j , Ori\�t J pGL���I k rRa.nRr ---- �i 6artTYt16�'w,REHOUSE 1+ �I'lV�� It LO,N*�e RC4LL SYRCEY 1 EUYDINb/500 H } MVT AKROWM•475 SF CONCRETE H Le WOR hPPR0004H•16 BF WNCGRETE J FFEMWW POOR nF/RPA!N-,p 51 CONCRETE Y,M I eanrt . V f �emRNe.oERn+u,r Nr..eewnr v.x _ i S t l l� u t /I AMS of 1 < � �rcnwRni naoR � { ,rf>.oretieoeaaR s•ewrr•marntnw a w�wcww�=ice i (1-0 ft/ k 4 Page 251 of 316 Prepared by Austin J. McMahon,222 First Street East, Independence, IA 50644 Phone(319)291-4366 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered Into as of 2025 by and between Twin Card Holdings LLC (the "Company") and the C of Waterloo, Iowa (the "City"). RECITALS A. Company is the owner of real property legally described as set forth on Exhibit "A" attached hereto (the "Property"), and Company is willing and able to undertake, or cause to be undertaken, the financing and construction of a building and related improvements or rehabilitation on the Property, B. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, 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. Improvements by Company. Company shall construct a 4,500 square foot building (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban revitalization 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, Page 252 of 316 in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." 2. Timeliness of Construction; Possibility of Termination. 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 begin construction of the Improvements within four (4) months after the date of this Agreement and Substantially Complete construction within fourteen (14) months after the date of this Agreement (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. B. Events trimering 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 11, 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. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services, if any, to the Property and for payment of any associated connection fees. 4. 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 2 Page 253 of 316 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$135,000.00 (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. 5. City Incentives. City agrees to provide the following incentives in support of the Project: A. Tax Abatement. 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. 6. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to the 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. 3 Page 254 of 316 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 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. 7. Representations and Warranties of City. City hereby represents and II warrants as follows: 4 Page 255 of 316 A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. B. This Agreement has been duly and validly executed and delivered by 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. C. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which 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. D. 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. E. 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. 9, indemnification. 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, 5 Page 256 of 316 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. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its members, managers, 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. The provisions of this Section shall survive the expiration or termination of this Agreement. 10. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods; A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. 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. E. 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. 11. Remedies. 6 Page 257 of 316 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, if any, 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. 12. 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. 13. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 7 Page 258 of 316 14. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at Twin Card Holdings LLC, 2120 Main Street, Cedar Falls, Iowa 50613, Attention: Jared Honermann and Jones Law Firm c/o Gary Jones, Cedar Falls, Iowa. 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. 16. 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. 17. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 18. Severability; Reformation. 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 8 Page 259 of 316 it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 22. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which,taken together, shall constitute one and the same instrument. 23. Entire Agreement. This Agreement, 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. 24. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Twin Card Holdinp LLC By: By: Quentin M. Hart, Mayor Jared Honer nn Managing ember Attest: Kelley Felchle, City Clerk 9 Page 260 of 316 EXHIBIT "A" Legal Description of Property Lots 8, 9 and Northeasterly 60 feet in even width of Lot 10, all in Block 39, in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of 2025, by and among the CITY OF WATERLOO, IOWA("City"), TWIN CARD 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 a property within a designated urban revitalization area of the City, 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§ 404.3C, 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 pians 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 $135,000.00 (the"Minimum Actual Page 261 of 316 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, 2026 the parties agree to execute an amendment to this Agreement that will extend the date 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, 2036. 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 § 404.3C 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 2 Page 262 of 316 (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 (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 WHEREOI=, 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 263 of 316 CITY OF WATERLOO, IOWA TWIN CARD HO DINGS LLC By: By: Quentin Hart, Mayor Jared Hon a n Managing ember By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this day of , 2025, 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 2025 by Jared Honermann as Managing Member of Twin Card Holdings LIC. Pa`"Ls TRACIA S ROSS r COMMISSION NO.811963 * * MY C MMISSION EXPIRES /owP Notary Public 4 Page 264 of 316 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 upon completion of the improvements to be made on it, certifies that the actual value assigned to the land and improvements upon completion shall not be less than One Hundred Thirty-Five Thousand and 001100 Dollars ($135,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2025 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 265 of 316 F J �- `J J 14 i 4. ,.rte:•.� ., �fl 41 7 x l 3 ` Y Y �wy ? : ,�� Page 6 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving a Public Mural Agreement with Main Street Waterloo and Isaac Campbell Creative LLC (Artist), for the placement and maintenance of a mural on the wall of the East Park Avenue Parking Ramp at 310 East Park Avenue, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Main Street Waterloo has been working with the City of Waterloo, Waterloo Center for the Arts, for the development of a mural project to celebrate the diversity and heritage of Waterloo, enhance quality of life and community image, promote tourism and make art more accessible to the public. Artist Isaac Campbell has been selected to create the mural, and this three-party agreement between the City of Waterloo, Main Street Waterloo, and Mr. Campbell will provide the terms and conditions that the parties agree to. The mural would be installed on Park Avenue Parking Ramp wall facing Mulberry Street, 310 East Park Avenue. The agreement spells out all responsibilities of the Artist, Main Street Waterloo, and the City of Waterloo. NEIGHBORHOOD IMPACT The project would have a positive impact on the Downtown by enhancing the esthetics of the area and promoting tourisum. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Cost of the mural is being paid for by Main Street Waterloo Page 267 of 316 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 2025 DIOS Artist Agreement - Final Page 268 of 316 MAIN STREET 0000 WAT E R LO O 512 Mulberry St., Waterloo, IA 50703 319-291-2038 www.MainStreetWaterloo.org PUBLIC MURAL AGREEMENT THIS AGREEMENT ("Agreement") is made on day of May, 2025, between the Main Street Waterloo (hereinafter"MSW"the client) with offices at 512 Mulberry St, The City of Waterloo, (hereinafter the "Owner") with offices at 715 Mulberry St., Waterloo, IA 50703 and Isaac Campbell Creative LLC, (hereinafter the "Artist") with offices at 1583 Laurel Ave, Apt 3, St. Paul, MN 55104. WHEREAS, Waterloo Center for the Arts, has developed the Waterloo Mural Project, the purpose of which is to encourage and facilitate murals that celebrate the diversity and heritage of Waterloo, enhance quality of life and community image, promote tourism and make art more accessible to the public. The program shall strive for diversity of style, scale, media and numbers of artists, represented in a series of murals on buildings in the City of Waterloo. WHEREAS, MSW, requires the services of Artist to create a mural (hereinafter the "MURAL") at the location of the Owner, 310 East Park Avenue, Waterloo IA 507031Northeast wall facing in the direction of Mulberry Street (hereinafter the "Site"); and WHEREAS, the Artist is a professional artist whose work and qualifications make the Artist uniquely qualified to create the MURAL; WHEREAS, the Owner recognizes that the purpose of the project, which is to enhance the community and encourage tourism and commerce in Waterloo, is mutually beneficial to the Owner and therefore desires to have a mural installed on the side of public property, and; WHEREAS, the Artist, MSW, and the Owner wish to perform under the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the above-stated premises and subject to conditions hereinafter set forth, the parties agree as follows: a. "MSW" shall mean Main Street Waterloo b. "Artist" shall mean Isaac Campbell. Where there is more than one Artist, all Artists shall be referred to collectively as "Artist." If Artist is composed of two or more individual persons or entities, each individual person or entity shall be jointly and severally responsible for satisfying Artist's obligations under this Agreement, and each individual person or entity shall be liable for the acts and omissions of every other individual person or entity comprising the Artist. c. "MURAL" shall mean the artwork being installed by the Artist at 310 East Park Avenue, Waterloo IA 507031Northeast wall facing in the direction of Mulberry Street under the terms of this Agreement, and as described in the Artist Proposal, to be attached as Appendix A. d. "Owner" shall mean the City of Waterloo. This is the owner of the property at the site where the MURAL will be installed. PAGE 1 Page 269 of 316 TERMS 1. License Granted. MSW hereby agrees to procure a license on behalf of the Artist for purposes of installing a public mural at the Site. 2. Terms of License. The license shall commence (a) at May 21, 2025 or(b) when Artist commences work on the Mural, whichever occurs earlier. 3. Use of Site. The Site shall be used by the Artist for the sole and exclusive purpose of installing the MURAL, as herein described, and for no other purpose without the prior written consent of the Owner or MSW. 4. Scope of Work. a. Artist is commissioned to create a MURAL at 310 East Park Avenue, Waterloo IA 50703/Northeast wall facing in the direction of Mulberry Street as described in Appendix A, with work to be completed prior to July 1, 2025 as weather permits. The parties agree to maintain proper communication, as appropriate. All duties to be performed hereunder shall be performed as specified or, if not specified, in a prompt and timely manner. Completed MURAL under this commission will become property of the building Owner. b. The Artist shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and installation of the Mural at the Site. c. The Artist shall determine the artistic expression, scope, design, color, size, material, texture, of the Mural, subject to review and acceptance by MSW and Owners as set forth in this Agreement. 5. Mural Approval. Artist agrees to provide an Artist proposal, Appendix A, containing a conceptual sketch and plan to MSW for approval prior to the work commencing. Artist agrees that the final execution of the work will be in alignment with the approved Artist proposal. Although the Artist shall have the responsibility and authority for all aspects of the Mural, the Artist shall give appropriate consideration to input received from MSW and the Owner. The Artist may provide input to MSW and the Owner with respect to select physical elements of the site locations, but MSW and the Owner shall have the final authority for all such other physical elements beyond the Mural. 6. Payment. Compensation will be payable to Artist in U.S. dollars by certified check, money order or organization check by MSW. Upon completion upon the schedule detailed in the budget and payment schedule, Appendix B. Payment to be made within fourteen (14) days of completion. Artist Fee: $9,242.00 PAGE 2 Page 270 of 316 7. Artist Responsibilities. a. Artist shall present the final mural design to MSW for approval prior to installation of the Mural. b. Artist shall notify the Director of MSW upon completion of the Mural. c. Artist hereby warrants that they own all Intellectual Property or Copyright to the mural. Artist represents and warrants that the Mural to be created is an original work of art and that the Mural shall be a faithful rendition of the proposal submitted by Artist and approved by MSW. d. The Artist shall be responsible for all expenses, labor, and equipment to prepare the site for the timely installation of the Mural, including footings and mounting devices. Unless otherwise specified, there will be no lighting provided. e. Artist shall provide MSW with biography, statement, images, and other requested information as needed and in a timely manner in order to assist MSW in the promotion of the project. Artist agrees to allow MSW use of information for website, catalongs, and other promotional materials deemed necessary by MSW staff. f. Artist agrees to use only the designated surfaces, keep a clean, safe, and secure work site, and agrees to protect and preserve the historical value of the surrounding community area. g. The Artist shall present to MSW and the Owner in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the Mural not permitted by, or not in substantial conformity with the proposal. A significant change includes but is not limited to any change in scope, design, color, size, material, texture or location of the site of the Mural that affects installation, scheduling, site preparation or maintenance for the Mural or the concept of the Mural as represented in the proposal. 8. MSW Responsibilities. a. MSW agrees to procure all necessary permits including any easements, encroachment permits, signage permits, scaffolding permits, parking lot closure permits, or other permits necessary to access to the property while such Mural is being installed. b. MSW agrees to clean the wall surface. c. MSW intends to support the Artist by providing, as available access to space, materials, and support as specified by the Artist. Should MSW not have in working order the necessary tools for fabrication, MSW bears no responsibility for the completion of the Mural. d. MSW will try to secure such volunteer labor, but ultimately the Artist accepts full responsibility for installation with or without volunteer or other assistance. e. MSW agrees to provide a lift for installation. f. MSW agrees to erect and maintain any necessary signage notifying users of adjacent sites and utilities of the Mural project and to promulgate safety regulations. g. MSW shall provide a shipping address to Artist and will receive any ordered materials as needed as service to Artist. PAGE 3 Page 271 of 316 9. Owner Responsibilities. a. The Owner agrees to allow MSW to have a mural mounted or painted at the Site. The dimensions of the mural will be dependent upon the subject and project. b. The Owner shall allow the mural to remain on the wall for a period of five (5) years. During the term, at such time as property is being offered for sale or lease, or the building on such property is demolished or expanded where the Mural is located, or Mural otherwise interferes with the Owners use, occupancy, or control of the property, then at the Owner's sole discretion the Owner has the right to cancel this Agreement upon six (6) months written notice to the MSW. c. The Owner agrees to provide reasonable access to the Site, for the Artist and MSW throughout the duration of the Mural installation, and subsequent cleanup, so as not to interfere with Owner's business operations. d. The Owner understands and agrees that the placement of the copyrighted Mural on the site in no way entitles the Owner to use, at its discretion, the Mural for advertising/profit making purposes, or any other publicity, except under conditions in which the artwork has been released by both the Artist. 10. Cleanliness of Site. a. Artist agrees to install on only designated surfaces, agreeing to protect and preserve the historical value of surrounding adjacent properties. Artist agrees to be responsible for cleanup of all over spray and spills from glue, placing ground cover protection appropriately and cleaning of all equipment used. b. Artist shall not store, use, or dispose of any toxic or hazardous materials in, on, or about the Site without the prior written consent of MSW, and shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. c. At the completion of the Mural project, Artist shall remove from and about the Site waste materials, rubbish, Artist's tools, construction equipment, machinery and surplus materials. If Artist fails to clean up as provided herein, MSW or Owner may do so and the cost thereof shall be charged to Artist. Artist shall be solely responsible for and will defend, indemnify, and hold MSW, and Owner and their agents, and employees, harmless from and against all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the removal, clean-up, and materials necessary to return the Site and any other property of whatever nature located on the Site to their condition existing prior to the appearance of any materials related to the Mural project. d. Artist's obligations hereunder shall survive the termination of this Agreement. 11. Mural Maintenance. Artist represents and warrants that(a) the execution and fabrication of the Mural will be performed in a workmanlike manner; and (b)the Mural is made of wheat paste and will naturally deteriorate over time and leave no lasting impression on the surfaces that cannot be easily removed by used of water and without damage to the surface. MSW shall give notice to the Artist of any observed breach with reasonable promptness. The Artist shall, at the request of MSW or the Owner, at no cost to MSW or the Owner, cure reasonably and promptly the breach of any such warranty. PAGE 4 Page 272 of 316 12. Copyright. Artist reserves all copyrights in the Mural, the preliminary design, and any incidental works made in the creation of the Mural under the Copyright Act of 1976, 17 U.S.C. § 101 et seq., as the sole author of the artwork for the duration of the copyright. a. In view of the intention that the Mural in their final dimension shall be unique, the Artist shall not make any additional duplicate reproductions of the final Mural, nor shall the Artist grant permission to others to do so except with the written permission of MSW. The Artist grants to MSW and its assigns a royalty-free, irrevocable license to make two dimensional reproductions of the Public Works of Art for educational and/or museum purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, clothing, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner, which license may be assigned by MSW and the Owner without the consent of the Artist. b. All reproductions by MSW and the Owner shall contain a credit to the Artist and a copyright notice substantially in the following form: Isaac Campbell, 2025. c. The Artist shall use best efforts to give a credit reading substantially, "An original public work of art commissioned by Main Street Waterloo" in any public showing under the Artist's control of reproductions of the Mural. d. MSW shall incorporate into the Mural a label at the site identifying the Artist, the title of the Mural, the year of completion, and any qualifying project sponsors. The final wording shall be mutually agreed upon by Artist and MSW. The production of the label will be included in the fee charged by the Artist. The label and its installation shall be subject to approval by MSW and the Owner, it being anticipated that the label will be removable without any permanent impact on the site. 13. Title and Ownership of the Mural. Upon completion and installation of the Mural and upon final acceptance by MSW, title to the Mural shall pass to the property owner of the site. 14. Mural or Site Alterations. The parties agree that, to the extent allowed by law: a. It is the Artist's intent to retain and publicly display the Mural at the Site for a period of five (5) years. However, all parties acknowledge that circumstances may arise that would make it prudent for the Artist, MSW or Owner to remove the Mural from public display. When such circumstance arises, the parties shall confer in good faith about the future status of the Mural. b. The Owner shall notify MSW who shall notify Artist of any proposed significant alteration of the Site that would affect the intended character and appearance of the Mural. MSW shall make a good faith effort to consult with the Artist in the planning and execution of any such alteration. MSW shall make a reasonable effort to maintain the integrity of the Mural during such alteration. c. If MSW is unable to locate and communicate with the artist, the Owner shall have sole discretion whether to display or remove the Mural, and to determine whether Mural, in the event of damage or destruction, shall be repaired. d. Consistent with the paragraphs above and in the case of removal, Artist agrees to waive all rights with regard to the work while retaining copyright to the Work. e. MSW will not intentionally use the Mural in any manner that would reflect discredit on the Artist's name or reputation as an Artist or which would violate the spirit of the Work. This clause is intended to replace and substitute for the Visual Artists Rights Act of 1990, 17 U.S.C. Sections PAGE 5 Page 273 of 316 106A and 1133, or as subsequently amended, to the extent that any portion of this Agreement is in direct conflict with those rights. The parties acknowledge that this Agreement supersedes that law to the extent that this Agreement is in direct conflict therewith. 15. Insurance. a. As a nonprofit entity, MSW is insured for general liability. MSW shall obtain a certificate of insurance with identical terms to paragraph b below, including coverage for any volunteers. b. Artist shall obtain a certificate of insurance establishing general liability insurance written on an occurrence basis with limits not less than $500,000 combined single limit per occurrence and $500,000 aggregate for personal injury and property damage. Such certificates shall be obtained prior to the commencement of any work on the Mural, with copies of the certificate to be provided to the MSW and the Owner. Said policy shall name the Owner as an additional insured on a primary and noncontributory basis, and contain a waiver of subrogation in favor of the Owner. c. The Artist and all agents and employees of the Artist shall each effect and maintain insurance to protect the Artist from (a) claims under workers compensation acts; (b) claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; (c) claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; and (d) claims arising out of their performance of professional services caused by errors, omissions, or negligent acts for which the Artist is legally liable. 16. Indemnity. During the time that this Agreement is in effect, Artist and MSW agree to indemnify, defend, save, and hold harmless Owner, it's agents, employees, grantees, volunteers, and assigns, from and against all claims, demands, cause, actions, loss, liabilities, damages, costs, expenses, and judgments, including attorneys'fees, which relate to, arise out of, or are in any way related to Artist's and MSW's, and their employees, contractors, volunteers, and agents work at the Site. Artist and MSW acknowledge that aerial application, maintenance, and removal of a mural is inherently dangerous to persons participating in the process associated with the same. This indemnification clause shall not apply to any injury or damage caused by the Owner's own negligent, reckless, or willful actions, or that of its employees or agents. 17. Modification. Any modification of the terms of this Agreement, including assignment of rights or obligations, shall be in writing and signed by all parties. 18. Termination. If any party to this Agreement willfully or negligently fails to fulfill in a timely and proper manner, or otherwise violates, any of the covenants, agreements or stipulations material to this Agreement, the other party(s) shall have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have ten (10) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. In the event of default by MSW, MSW shall promptly compensate the Artist for all services performed by the Artist prior to termination. In the event of default by the Artist, (a) all finished installations and all unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall, at MSWs option, become its property, provided that no right to fabricate or execute the Public Works of Art shall pass to MSW and MSW shall compensate the Artist pursuant to Article 2 for all services completed by the Artist prior to termination, unless (b) at the Artist's election, the Artist refunds all amounts paid by MSW in exchange for the return by MSW of all finished and unfinished related Public Works of Arts. Notwithstanding the previous sentence, the Artist shall PAGE 6 Page 274 of 316 not be relieved of liability to the Client for damages sustained by MSW by virtue of any breach of this Agreement by the Artist, and MSW may reasonably withhold payments to the Artist until such time as the exact amount of such damages due MSW from the Artist is determined. 19. Relationship of the Parties. Nothing set forth herein shall be deemed or construed by the parties, nor by any third party, as creating the relationship of principal and agent, partnership, or joint venture between the parties hereto; it being understood and agreed that no provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of as set out between Artist, Owner, and MSW. 20. Entire Agreement. This Agreement represents the entire Agreement of the parties with respect to the matters set forth herein. No Agreements, representations or understandings (whether oral or written and whether express or implied) which are not expressly set forth in this Agreement have been made or entered into by either party with respect to the subject matter hereof. 21. Severability. If any section, sentence, clause, or phrase of this Agreement is found to be invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining provision of this agreement. 22. Venue. The parties agree that the appropriate venues for any legal actions arising of this Agreement are the Iowa District Court of Black Hawk County, Iowa, or if federal jurisdiction exists, the United States District Court for the District of Iowa. 23. Governing Law. This Agreement will be construed in accordance with the laws of Iowa and any litigation will be brought in the courts of that state. 24. Miscellaneous. a. This Agreement supersedes all prior discussions and contains all agreements and understandings between Artist and City with respect to the subject matter hereof. This Agreement may only be amended by a writing signed by all parties. b. The provisions of the Agreement relating to indemnification shall survive any termination or expiration of this Agreement. Any provision of this Agreement that would require performance subsequent to the termination or expiration of this Agreement shall likewise survive any such termination or expiration. c. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one (1) or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument. d. No alternation, change, or modification of the terms of the agreement shall be valid unless made in writing and signed by both parties hereto. e. MSW shall maintain on permanent file a record of this Agreement and the location and disposition of the Mural. f. All notices, requests, demands and other communications which are required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: PAGE 7 Page 275 of 316 i. If to MSW, to: Main Street Waterloo 512 Mulberry St Waterloo, IA 50703 ii. If to Owner, to: City of Waterloo 715 Mulberry St Waterloo, IA 50703 iii. If to Artist, to: Isaac Campbell Creative LLC 1583 Laurel Ave, Apt 3 St. Paul, MN 55104 g. The recitals are incorporated herein by reference as if set forth herein in full. PAGE 8 Page 276 of 316 SIGNATURES Main Street Waterloo [MSW] Isaac Campbell [Artist] MSW Signature Artist Signature Jessica Rucker Isaac Campbell Printed Name Printed Name Executive Director Artist Title Title 05/05/2025 C,5Z—be / Date Date / City of Waterloo [Owner] Owner Signature Printed Name Title Date PAGE 9 Page 277 of 316 APPENDIX A w 36 !4�131 I.,[I. C11111110 Measurements. 50 ft wide by 33 ft tall = 1,650 square feet Technical Description of Wheat Paste Mural. Medium. Wheat Paste Mural Materials. Digitally printed artwork on paper, adhering using a wheat paste adhesive made from a mixture of flour and water(may include sugar or other additives for durability). Installation Surface. Smooth, clean, and primed exterior wall surface (e.g. brick, concrete, or plywood). Surface preparation may include pressure washing and/or sealing to ensure adhesion and longevity. Application Process. 1. Artwork is printed on paper sheets. 2. A pre-made wheatpaste will be used to glue and seal the mural. 3. Paste is applied to the wall using a brush or roller 4. Paper is positioned on the wall and pressed flat with additional paste applied over the top to ensure full adhesion and to seal the surface. 5. Air bubbles are smoothed out with a squeegee or brush. 6. The mural is left to dry completely (typically 12-24 hours) Expected Lifespan. Temporary to semi-permanent, typically lasting several months depending on environmental conditions (UV exposure, precipitation, temperature) and surface treatment. Protective coatings (e.g. UV varnish) may be applied to extend lifespan. Tears, rips, and peeling is expected to occur on the Mural immediately following installation as it cures/dries, and throughout its existence until removal. Therefore, as an ephemeral piece of urban street art, all parties acknowledge the temporary nature of the Mural and that there is no guarantee by the Artist regarding longevity of the piece(s). PAGE 10 Page 278 of 316 Test Sample. Prior to installation of the final mural, two (2) test samples were applied to the Site using the same materials and techniques intended for the completed artwork. 1. The test samples were installed for the purpose of evaluating adhesion, appearance, and ease of removal. 2. The test samples were fully removed using standard removal procedures. 3. MSW has reviewed the results of the test samples and have expressed satisfaction with the condition of the surface following removal. Removal. Designed to be removable. Removal involves soaking the mural with water and gently scraping or peeling off the paper. minimal surface residue may remain and can be cleaned with mild soap and water. MSW takes responsibility for coordinating removal of the mural. PAGE 11 Page 279 of 316 APPENDIX B Project Budget. 1. Artist Stipend (1,650 sq ft* $5.00) $8,250.00 2. Materials (Printing, Color Fee, Glue, Brushes) $500.00 3. Travel (Mileage, Lodging, Food) $492.00 $9,242.00 Travel. MSW will reimburse Artist for travel costs for driven mileage during preliminary planning trips driven from Ottumwa, IA, area to the Waterloo, IA, area and the residency trip to the Waterloo area. The Artist agrees to use the most time/cost effective method of transportation. Driven mileage will be reimbursed at the IRS standard business reimbursement rate. The Artist must submit an invoice including any receipts for reimbursement within fourteen (14) days of the completion of each of the three trips and MSW must compensate the Artist for these expenses within thirty(30) days of receipt of these invoices. Total Travel expense shall not exceed $800.00. Lodging. MSW will provide lodging for Artist in the Waterloo area from May 21-23, 2025. Per Diem. MSW will compensate Artist a $60.00 Per Diem during the residency period of 3 days or$180.00. Production of the Work. Within fourteen (14) days of the completion of the Mural, MSW will compensate the Artist$5.00 per square foot for each completed mural plus travel reimbursement defined above. PAGE 12 Page 280 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving a Farm Lease Agreement, expiring December 31, 2025, with Michael S. Cook, to farm approximately 5.25 acres of land for $1,050.00, located south of 2080 Northeast Drive, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is request to approve a Farm Lease Agreement, expiring December 31, 2025, with Michael S. Cook, to farm approximately 5.25 acres of land for $1,050.00, located south of 2080 Northeast Drive, and authorizing the Mayor and City Clerk to execute said document. The price per acre is $200.00. We are continuing to partner with Mr. Cook to farm land in this area and does not require the City to mow properties. The agreement notes that it will expire on December 31, 2025. However, if the City does not serve notification of cancellation of the lease on or before September 1, 2025, the lease automatically rolls over into another year. This notification period is a statute of the State Code of Iowa. NEIGHBORHOOD IMPACT No impacts to the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 281 of 316 LEGAL DESCRIPTION Northeast Industrial Park, Plat No. 5, Lot 2, except that party lying North of the South Line of the Northeast Quarter, Section 20, Township 89 North, Range 12 West of the Fifth Principal Meridian; AND That part of the Northeast Quarter of the Southeast Quarter of Section No. 20, Township 89 North, Range 12 West of the Fifth Principal Meridian lying Southerly of the former Chicago Great Western Railroad right of way, and lying Easterly of Northeast Drive; All in the City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Farm Lease Agreement 2. Aerial Map Page 282 of 316 FARM CASH LEASE for CITY-OWNED PROPERTY This Farm Cash Lease(the"Agreement") is made and entered into as of , 2025 by and between the City of Waterloo, Iowa ("City")and Michael S. Cook("Lessee"). 1. Premises, Use. The City agrees to allow the Lessee to use and occupy City property(the "Property") located on Parcel Nos. 8912-20-251-012, and 8912-20-401-008, and more particularly described in Exhibit"A"attached hereto and made a part hereof by this reference. Lessee shall use the Property only for row crops and shall not use the Property for any other purpose whatsoever. Lessee may not make any improvements to the Property. Lessee accepts the Property in its"AS IS"condition,with all faults, and without any representation or warranty by City as to the Property's condition or its suitability for crop production or for any other purpose. City shall not prepare the Property for Lessee's use in any way. 2. Terin,�Ren . The City agrees to allow Lessee to use and occupy the Property for a term commencing on the date hereof and tot-initiating on December 31, 2025, subject in any ease to early termination as provided in Section 3. As rental, the Lessee agrees to pay the City the sum of$1,050.00 to farm a tillable area of approximately 5.25 acres at $200 per acre upon execution of this Agreement. If the term of this Agreement is extended by the mutual agreement of the parties, then rent shall be payable on the date that Lessee delivers an executed amendment to City. Any payment made is non-refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. If rent is not paid by the due date(s), interest shall.be charged at the rate of 12% percent per annum, compounded monthly,beginning five(5) days after the due date, until paid. All rent is to be paid to the City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703, Attn: Community Planning& Development, or at such other place as the City may direct in writing. 3. EARLY TERMINATION; Compensation to Lessee. Lessee agrees that the City may terminate this Agreement, as to any part or all of the Property, upon thirty(30)days' written notice if the City needs the use of the Property for its own purposes, including but not limited to a third-party economic development purpose, and Lessee hereby expressly waives any rights it may have under Iowa law that may require the giving of a different notice or the giving of notice by a specific date. Lessee hereby ackrrowlerlges and agrees that it takes rind uses the Property subject to the risk of early termination, and Lessee hereby agrees to asswite said risk. Lessee may terminate this Agreement, in whole but not in part, upon thirty(30) days' written notice to the Waterloo Community Planning and Development Department. As consideration for Lessee's agreement to allow early termination as set forth in the preceding paragraph, the City agrees that upon early termination,the City will compensate Lessee as follows, provided, however,that in no event shall compensation to Lessee under this Section exceed the annual rental amount: a. Corn. For corn of any variety that has been planted but not harvested,a sum equal to the product of(A x P x Y x 1.1), where A is the number of tillable acres on which a corn crop is growing, P is the Iowa average calendar year cash corn price per bushel as most recently reported by Iowa State University Extension and Outreach or its successor office("ISU"), and where Y is the 10- year average corn yield for Black Hawk County as most recently reported by ISU. b. Soybeans. For soybeans of any variety that have been planted but not harvested, a sum equal to the product of(A x P x Y x 1.1), where A is the number of tillable acres on which a soybean crop is growing, P is the Iowa average calendar year cash soybean price per bushel as most recently reported by ISU, and where Y is the 10-year average soybean yield for Black Hawk County as most recently reported by ISU. C. Grains and other crops. NIA. 1 Page 283 of 316 If any report or resource referred to in the preceding paragraphs is no longer published or available at the time that crop-loss damages are calculated, City may substitute any other report or resource that it considers appropriate in its reasonable discretion. 4. Care of Property. Lessee agrees to do what is reasonably necessary to control soil erosion including, but not limited to, providing labor and Normal farm equipment for the maintenance of existing watercourses, waterways, ditches, drainage areas, terraces and tile drains, and abstaining from any practice which will cause damage to the premises. Lessee agrees to use reasonable efforts to control weeds in fields, fence rows, road ditches, building lots, and all other areas of the prernises. 5. Livestock. Lessee shall not allow or place any livestock on the Property. 6. No Hunting. Lessee shall not hunt nor permit any other person to hunt on the Property. If Lessee becomes aware of trespassers on the Property, it will instruct them to leave immediately. 7. Indemnify. In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless from and against any and all claims, demands, actions, causes of action,fines,fees, penalties, damages and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, relating to any person or property, arising from in in any way connected with Lessee's use of the Property in any manner,whether directly or indirectly,and shall further indemnify the City for any damage to the Property caused by Lessee, its employees or agents and any environmental remediation or cleanup costs. 8. Insurance. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the arnount of not less than $500,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty(30)days' advance notice to the City before cancellation,shall be delivered to City no later commencement of the lease term. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, its agents or employees. 9. Vehicle Restrictions. Lessee agrees to prohibit all engine-powered off-road vehicles and four- wheel drive vehicles other than agricultural equipment. 10. Third-Party Riehts. Reserved. 11. Chemicals. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of agricultural chemicals(including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chernical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur,and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required)whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chericals or containers, anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. 2 Page 284 of 316 After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 12. City Access. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee,viewing the Property,making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 13. No Sublease or Assignment. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 14. Condition at End of Term. Lessee agrees that on termination of the Agreement,Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's reasonable control and ordinary wear and tear to existing improvements are excepted. 15. No Joint Venture. Nothing in this Agreement shall,or shall be deemed or construed to,create or constitute any joint venhrre,partnership, agency, employment,or any other relationship between City and Lessee nor to create any liability for one party with respect to the Iiabilities or obligations of the other party or any other person. 16. Default. If Lessee fails to observe any term or condition of this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, or(ii)three(3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 18. Miscellaneous. This Agreement contains the entire Agreement between the parties.None of the covenants, provisions,terms or conditions of this Agreement will be in any manner modified,waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs,personal representatives, successors and assigns. IN WITNESS WHEREOF,the parties have executed this Farm Cash Lease by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO,IOWA LESSEE � I By: ' Quentin Hart,Mayor Mielfiael A, Cook Attest: Kelley FeIchle,City Clerk 3 Page 285 of 316 EXHIBIT "A" Property Description Northeast Industrial Park,Plat No. 5, Lot 2, except that party lying North of the South Line of the Northeast Quarter, Section 20,Township 89 North, Range 12 West of the Fifth Principal Meridian; AND That part of the Northeast Quarter of the Southeast Quarter of Section No. 20,Township 89 North, Range 12 West of the Fifth Principal Meridian lying Southerly of the former Chicago Great Western Railroad right of way, and lying Easterly of Northeast Drive; All in the City of Waterloo, Black Hawk County, Iowa. 4 Page 286 of 316 Aerial Map- Properties Outlined in Yellow F'Ir 11 NO r ftftbl R' PARR 'Y Page 287 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving a Farm Lease Agreement, expiring December 31, 2025, with Michael S. Cook, to farm approximately 7 acres of land for $1,400.00, located on multiple lots near 2330 GT Drive, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is request to approve a Farm Lease Agreement, expiring December 31, 2025, with Michael S. Cook, to farm approximately 7 acres of land for $1,400.00, located near 2330 GT Drive, and authorizing the Mayor and City Clerk to execute said document. The price per acre is $200.00. We are continuing to partner with Mr. Cook to farm land in this area and does not require the City to mow properties. The agreement notes that it will expire on December 31, 2025. However, if the City does not serve notification of cancellation of the lease on or before September 1, 2025, the lease automatically rolls over into another year. This notification period is a statute of the State Code of Iowa. NEIGHBORHOOD IMPACT No impacts to area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 288 of 316 LEGAL DESCRIPTION Lot 11, except the North 126 feet, and East 95 feet thereof, and Lots 15, 16 and 17, Northeast Industrial Park Plat No. 3, Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Farm Lease Agreement 2. Aerial Map Page 289 of 316 FARM CASH LEASE for CITY-OWNED PROPERTY This Farm Cash Lease (the"Agreement") is made and entered into as of , 2025 by and between the City of Waterloo, Iowa("City")and Michael S. Cook("Lessee"). 1. Premises; Use. The City agrees to allow the Lessee to use and occupy City property(the "Property") located on Parcel Nos. 8912-20-126-027, 8912-20-251-005, 8912-20-251-006 and 8912-20-251- 005, and more particularly described in Exhibit"A"attached hereto and made a part hereof by this reference. Lessee shall use the Property only for row crops and shall not use the Property for any other purpose whatsoever. Lessee may not make any improvements to the Property. Lessee accepts the Property in its"AS IS"condition,with all faults, and without any representation or warranty by City as to the Property's condition or its suitability for crop production or for any other purpose. City shall not prepare the Property for Lessee's use in any way. 2. Term,Rent. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the date hereof and terminating on December 31,2025, subject in any case to early termination as provided in Section 3. As rental,the Lessee agrees to pay the City the sum of$1,400.00 to farm a tillable area of approximately 7 acres at$200 per acre upon execution of this Agreement. If the term of this Agreement is extended by the mutual agreement of the parties,then rent shall be payable on the date that Lessee delivers an executed amendment to City. Any payment made is non-refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. If rent is not paid by the due date(s), interest shall be charged at the rate of 12%percent per annum, compounded monthly, beginning five(5) days after the due date,until paid. All rent is to be paid to the City of Waterloo, 715 Mulberry Street, Waterloo,IA, 50703, Attn: Community Planning & Development, or at such other place as the City may direct in writing. 3. EARLY TERMINATION; Compensation to Lessee. Lessee agrees that the City may terminate this Agreement, as to any part or all of the Property, upon thirty(30)days' written notice if the City needs the use of the Property for its own purposes, including but not limited to a third-party economic development purpose,and Lessee hereby expressly waives any rights it may have under Iowa law that may require the giving of a different notice or the giving of notice by a specific date. Lessee hereby acknowledges and agrees that it takes rind rises the Property subject to the risk of early termination, and Lessee hereby agrees to assume said risk. Lessee may terminate this Agreement, in whole but not in part, upon thirty(30) days' written notice to the Waterloo Community Planning and Development Department. As consideration for Lessee's agreement to allow early termination as set forth in the preceding paragraph, the City agrees that upon early termination, the City will compensate Lessee as follows, provided, however, that in no event shall compensation to Lessee under this Section exceed the annual rental amount: a. Corn. For corn of any variety that has been planted but not harvested,a sum equal to the product of(A x P x Y x 1.1),where A is the number of tillable acres on which a corn crop is growing, P is the Iowa average calendar year cash corn price per bushel as most recently reported by Iowa State University Extension and Outreach or its successor office("ISU"), and where Y is the 10- year average corn yield for Black Hawk County as most recently reported by ISU. b. Soybeans. For soybeans of any variety that have been planted but not harvested, a sum equal to the product of(A x P x Y x 1.1),where A is the number of tillable acres on which a soybean crop is growing, P is the Iowa average calendar year cash soybean price per bushel as most recently reported by ISU, and where Y is the 10-year average soybean yield for Black Hawk County as most recently reported by ISU. C. Grains and other crops. NIA. 1 Page 290 of 316 If any report or resource referred to in the preceding paragraphs is no longer published or available at the time that crop-loss damages are calculated, City may substitute any other report or resource that it considers appropriate in its reasonable discretion. 4. Care of Property. Lessee agrees to do what is reasonably necessary to control soil erosion including, but not limited to, providing labor and normal farm equipment for the maintenance of existing watercourses,waterways, ditches, drainage areas, terraces and tile drains, and abstaining from any practice which will cause damage to the premises. Lessee agrees to use reasonable efforts to control weeds in fields, fence rows,road ditches, building lots,and all other areas of the premises. 5. Livestock, Lessee shall not allow or place any livestock on the Property. 6. No Hunting. Lessee shall not hunt nor permit any other person to hunt on the Property. If Lessee becomes aware of trespassers on the Property, it will instruct tbem to leave immediately. 7. Indemnity. In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless from and against any and all claims, demands, actions, causes of action,fines, fees,penalties, damages and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, relating to any person or property, arising from in in any way connected with Lessee's use of the Property in any manner,whether directly or indirectly, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees or agents and any environmental remediation or cleanup costs. 8. Insurance. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than$500,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses oil account of injury to any person or persons, or to the property of same,by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, narning the City as an additional insured, and providing for thirty(30) days' advance notice to the City before cancellation, shall be delivered to City no later commencement of the lease term. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, its agents or employees. 9. Vehicle Restrictions. Lessee agrees to prohibit all engine-powered off-road vehicles and four- wheel drive vehicles other than agricultural equipment. 10. Third-Party Rights. Reserved. H. Chemicals. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of agricultural chemicals(including,without limitation, herbicides and insecticides)and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chernical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields(when posting is required)whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint,other chemicals or 2 Page 291 of 316 containers,anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination,Lessee shall remain liable for violations which occurred during the term of this Agreement. 12. Cily Access. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee,viewing the Property,making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 13. No Sublease or Assignment. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 14. Condition at End of Term. Lessee agrees that on termination of the Agreement,Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's reasonable control and ordinary wear and tear to existing improvements are excepted. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment,or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. M. Default. If Lessee fails to observe any term or condition of this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail,postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur(i)on the date of delivery when delivered in person,or(ii)three(3) business days following the date of deposit if mailed by United States certified mail,postage prepaid. 18. Miscellaneous. This Agreement contains the entire Agreement between the parties.None of the covenants, provisions,terms or conditions of this Agreement will be in any manner modified,waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs,personal representatives, successors and assigns. IN WITNESS WHEREOF,the parties have executed this Farm Cash Lease by their duly authorized representatives as of the date fust set forth above. CITY OF WATERLOO,IOWA LESSEE By: Quentin Hart,Mayor MichaeltS. Cook Attest: Kelley Felchle, City Clerk 3 Page 292 of 316 EXHIBIT"A" Property Descriptions Lot 11,except the North 126 feet,and Bast 95 feet thereof,and Lots 15, 16 and 17,Not-theast lodustrial Park Plat No, 3, Waterloo, Black Hawk County, Iowa. 4 Page 293 of 316 Aerial Map LTJ uuuuuuuu � SIIQRj[ NOli E�y'A51- I . R11S��yyy;;��}}A,RK. ��PLIA.I�h�(R21 - Jy F N•RdHE 'T I - RLAT.N N[)RTHEAS�T - INLIUSTRIAL PIAF Nn.. �r r• a __ �._t. 17 T''. _f II � 'Y I NORTHEA9F _ -out"n.VII-Ss- I LPARK Page 294 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving a Farm Lease Agreement, expiring December 31, 2025, with Michael S. Cook, to farm approximately 3.7 acres of land for $370.00, located adjacent to 3133 Rocky Road, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is request to approve a Farm Lease Agreement, expiring December 31, 2025, with Michael S. Cook, to farm approximately 3.7 acres of land for $370.00, located adjacent to 3133 Rocky Road, and authorizing the Mayor and City Clerk to execute said document. The price per acre is $100.00. We are continuing to partner with Mr. Cook to farm land in this area and does not require the City to mow properties. The agreement notes that it will expire on December 31, 2025. However, if the City does not serve notification of cancellation of the lease on or before September 1, 2025, the lease automatically rolls over into another year. This notification period is a statute of the State Code of Iowa. NEIGHBORHOOD IMPACT No impact to the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 295 of 316 LEGAL DESCRIPTION That part of the Northeast Quarter of the Northeast Quarter of Section 29, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, lying with the following described boundaries: Commencing at a point which is 608 feet West of a point which is 990 feet South of the Northeast Comer of said Section; thence North along a line which is parallel with the East line of said Section a distance of 660 feet; thence West along a line which is parallel with the North line of said Section a distance of 256 feet; thence South along a line which is parallel with the East line of said Section a distance of 660 feet; thence East a distance of 256 feet to the place of beginning. Excepting therefrom the South 330 feet of the East 64 feet thereof AND The South 184 feet of that part of the Northeast Quarter of the Northeast Quarter of Section 29, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, bounded as follows: Commencing at a point which is 330 feet South of a point which is 864 feet West of the Northeast Comer of said Section; running thence South along a line which is parallel with the East line of said Section a distance of 660 feet; thence West along a line which is parallel with the North line of said Section a distance of 128 feet; thence North along a line which is parallel with the East line of said Section a distance of 660 feet; thence East a distance of 128 feet to the point of beginning. ATTACHMENTS 1. Farm Lease Agreement 2. Aerial Map Page 296 of 316 FARM CASH LEASE for CITY-OWNED PROPERTY This Farm Cash Lease (the"Agreement") is made and entered into as of , 2025 by and between the City of Waterloo, Iowa("City") and Michael S. Cook("Lessee"). 1. Premises; Use. The City agrees to allow the Lessee to use and occupy City property(the "Property") located on Parcel Nos. 8912-29-226-024, 025 and 026, and more particularly described in Exhibit "A"attached hereto and made a part hereof by this reference. Lessee shall use the Property only for row crops and shall not use the Property for any other purpose whatsoever. Lessee may not make any improvements to the Property. Lessee accepts the Property in its "AS IS" condition, with all faults, and without any representation or warranty by City as to the Property's condition or its suitability for crop production or for any other purpose. City shall not prepare the Property for Lessee's use in any way. 2. Term,Rent. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the date hereof and terminating on December 31, 2025, subject in any case to early termination as provided in Section 3. As rental, the Lessee agrees to pay the City the sum of$370.00 to farm a tillable area of approximately 3.7 acres at$100 per acre upon execution of this Agreement. If the term of this Agreement is extended by the mutual agreement of the parties,then rent shall be payable on the date that Lessee delivers an executed amendment to City. Any payment made is non-refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. If rent is not paid by the due date(s), interest shall be charged at the rate of 12%percent per annum, compounded monthly, beginning five(5)days after the due date, until paid. All rent is to be paid to the City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703, Attn: Community Planning & Development, or at such other place as the City may direct in writing. 3. EARLY TERMINATION; Compensation to Lessee. Lessee agrees that the City may terminate this Agreement, as to any part or all of the Property, upon thirty(30)days' written notice if the City needs the use of the Property for its own purposes, including but not limited to a third-party economic development purpose, and Lessee hereby expressly waives any rights it may have under Iowa law that may requirc the giving of a different notice or the giving of notice by a specific date. Lessee hereby acknowledges and agrees that it takes and yeses the Property subject to the risk of early terinhiation, and Lessee hereby agrees to assume said risk. Lessee may terminate this Agreement, in whole but not in part, upon thirty(30) days' written notice to the Waterloo Community Planning and Development Department. As consideration for Lessee's agreement to allow early termination as set forth in the preceding paragraph, the City agrees that upon early termination,the City will compensate Lessee as follows, provided, however, that in no event shall compensation to Lessee under this Section exceed the annual rental amount: a. Corn. For corn of any variety that has been planted but not harvested,a sum equal to the product of(A x P x Y x 1.1), where A is the number of tillable acres on which a corn crop is growing, P is the Iowa average calendar year cash corn price per bushel as most recently reported by Iowa State University Extension and Outreach or its successor office("ISU"),and where Y is the 10- year average corn yield for Black Hawk County as most recently reported by TSU. b. Soybeans. For soybeans of any variety that have been planted but not harvested, a sum equal to the product of(A x P x Y x 1.1), where A is the number of tillable acres on which a soybean crop is growing, P is the Iowa average calendar year cash soybean price per bushel as most recently reported by ISU, and where Y is the 10-year average soybean yield for Black Hawk County as most recently reported by ISU. C. Grains and other crops. NIA. 1 Page 297 of 316 If any report or resource referred to in the preceding paragraphs is no longer published or available at the time that crop-loss damages are calculated, City may substitute any other report or resource that it considers appropriate in its reasonable discretion. 4. Care of Property. Lessee agrees to do what is reasonably necessary to control soil erosion including, but not limited to,providing labor and normal farm equipnent for the maintenance of existing watercourses,waterways, ditches, drainage areas, terraces and tile drains, and abstaining from any practice which will cause damage to the premises. Lessee agrees to use reasonable efforts to control weeds in fields, fence rows, road ditches, building lots, and all other areas of the premises. 5. Livestock. Lessee shall not allow or place any livestock on the Property. 6. No Hunting. Lessee shall not hunt nor permit any other person to hunt on the Properly. If Lessee becomes aware of trespassers on the Property, it will instruct them to leave immediately. 7. Indemnity. In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless from and against any and all claims, demands, actions, causes of action, fines, fees, penalties,damages and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, relating to any person or property, arising from in in any way connected with Lessee's use of the Property in any manner, whether directly or indirectly, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees or agents and any environmental remediation or cleanup costs. 8. Insurance. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $500,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty,accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty(30) days' advance notice to the City before cancellation,shall be delivered to City no later commencement of the lease term. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, its agents or employees. 9. Vehicle Restrictions. Lessee agrees to prohibit all engine-powered off-road vehicles and four- wheel drive vehicles other than agricultural equipment. 10. Third-Party Rights. Reserved. H. Chemicals. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of agricultural chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked,tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields(when posting is required) whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil,tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. 2 Page 298 of 316 After termination,Lessee shall remain liable for violations which occurred during the term of this Agreement. 12. City Access. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee,viewing the Property,making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 13. No Sublease or Assignment. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 14. Condition at End of Term. Lessee agrees that on termination of the Agreement,Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's reasonable control and ordinary wear and tear to existing improvements are excepted. 15. No Joint Venture. Nothing in this Agreement shall,or shall be deemed or construed to,create or constitute any joint venture, partnership,agency,employment,or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. M. Default. If Lessee fails to observe any term or condition of this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement,and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail,postage prepaid,and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur(i)on the date of delivery when delivered in person, or(ii)three(3) business days following the date of deposit if mailed by United States certified mail,postage prepaid. 18. Miscellaneous. This Agreement contains the entire Agreement between the parties.None of the covenants, provisions,terms or conditions of this Agreement will be in any manner modified,waived,or abandoned, except by written instrument duly signed by both parties.This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF,the parties have executed this Farm Cash Lease by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO,IOWA LESSEE By: Quentin Hart,Mayor /ic lir Attest: Kelley Felchle, City Clerk 3 Page 299 of 316 EXHIBIT "A" Property Description That part of the Northeast Quarter of the Northeast Quarter of Section 29, Township 89 North, Range 12 West of the Fifth Principal Meridian, Black Hawk County, Iowa, lying with the following described boundaries: Commencing at a point which is 608 feet West of a point which is 990 feet South of the Northeast Comer of said Section; thence North along a line which is parallel with the East line of said Section a distance of 660 feet; thence West along a line which is parallel with the North line of said Section a distance of 256 feet;thence South along a line which is parallel with the East line of said Section a distance of 660 feet; thence East a distance of 256 feet to the place of beginning. Excepting therefrom the South 330 feet of the East 64 feet thereof AND The South 184 feet of that part of the Northeast Quarter of the Northeast Quarter of Section 29, Township 89 North, Range 12 West of the Fifth Principal Meridian,Black Hawk County, Iowa, bounded as follows: Commencing at a point which is 330 feet South of a point which is 864 feet West of the Northeast Comer of said Section; running thence South along a line which is parallel with the East line of said Section a distance of 660 feet;thence West along a line which is parallel with the North line of said Section a distance of 128 feet; thence North along a line which is parallel with the East line of said Section a distance of 660 feet; thence East a distance of 128 feet to the point of beginning. 4 Page 300 of 316 Aerial Map- Property Outlined in Yellow i 1k t rpm r ' I _ f .� 111 •� � :'� '_ LBE T LIAIMIA . P;2? - Page 301 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution declaring a moratorium on the issuance of a special permit or variance for hobby farms in the City of Waterloo, Black Hawk County, Iowa. RECOMMENDED COUNCIL ACTION _ Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Hobby Farm Moratorium Draft Resolution Page 302 of 316 RESOLUTION NO. 2025-XXX RESOLUTION FOR MORATORIUM ON SPECIAL PERMITS OR VARINCES FOR URBAN ANIMAL HOBBY FARMS. WHEREAS, Section U, of Chapter 27 of the City of Waterloo Zoning Ordinance 5079 provides for the issuance of Special Permits for certain Urban Animal Hobby Farms; and, WHEREAS, recent cases involving violations of the code section have brought to light certain issues relating to enforcement; and, WHEREAS, the City Council believes a review of the section is warranted; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Section 1. A moratorium on the issuance of new special permits or variances for Urban Animal Hobby Farms shall be in effect in Waterloo, Iowa, until December 1, 2025. Section 2. Urban Animal Hobby Farm special permits in effect on the date of this Resolution may be renewed during the moratorium. Section 3. The Planning and Zoning Department is directed to conduct a thorough review of the section, to include relevant stakeholders, and propose amendments forthwith. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this 19t" day of May, 2025. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk P�ER(C•,. O' i . Q. Page 303 of 316 Resolution No. 2025-xxx Page 2 Page 304 of 316 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director May 19, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution declaring a moratorium on the issuance of new tobacco permits in the City of Waterloo, Black Hawk County, Iowa. RECOMMENDED COUNCIL ACTION _ Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Tobacco and Vape Moratorium Draft Resolution Page 305 of 316 RESOLUTION NO. 2025-XXX RESOLUTION FOR MORATORIUM ON ISSUANCE OF NEW TOBACCO PERMITS. WHEREAS, Iowa Code Chapter 453A governs the sale of tobacco, tobacco products, alternative nicotine products, and vapor products within the state of Iowa, all of which are covered by retail tobacco permits; and, WHEREAS, Chapter 453A grants cities the authority to issue retail tobacco permits located within their city limits; and, WHEREAS, Chapter 453A further grants cities the discretion to issue, or not issue, tobacco permits within their city limits,pursuant to the city's own policies; and, WHEREAS, the City of Waterloo has seen within its borders an increased presence of retail outlets primarily focused on retail sales of tobacco, tobacco products, alternative nicotine products, and vapor products; and, WHEREAS, there are significant health concerns related to public consumption of tobacco, tobacco products, alternative nicotine products, and vapor products; and, WHEREAS, the Center for Disease Control (CDC) reports that smoking tobacco causes cancer, heart disease, stroke, lung diseases, diabetes, and chronic obstructive pulmonary disease (COPD), which includes emphysema and chronic bronchitis; and, WHEREAS, according to the CDC, nearly 9 out of 10 adults who smoke cigarettes daily first tried smoking by age 18; and, WHEREAS, according to the CDC, smokeless tobacco products can cause mouth cancer, gum disease, and tooth loss; and, WHEREAS, in 2024, the CDC data revealed that 7.8% of high school students reported current e-cigarette use, which is the most commonly used tobacco product among this age group; and, WHEREAS, the City of Waterloo believes that the use of e-cigarettes presents a serious and unknown public health threat; and, WHEREAS, according to the CDC, in 2023, 2.13 million U.S. middle and high school students had used e-cigarettes in the past 30 days, including 4.6% of middle school students and 10.0% of high school students; and, WHEREAS, greater access and availability of tobacco, tobacco products, alternative nicotine products, and vapor products leads to greater use of those products, and thus greater public harm; and, WHEREAS, the City Council wishes to study how to mitigate the impacts of tobacco, tobacco products, alternative nicotine products, and vapor products on public health within the Waterloo community, including, but not limited to, regulating the issuance of new retail tobacco permits; and WHEREAS, the City Council believes a review of the regulations for new retail tobacco sales is warranted, and during the course of this study, it is prudent to establish a moratorium until December 1, 2025 on the issuance of new tobacco retail permits (not renewals of existing Page 306 of 316 Resolution No. 2025-xxx Page 2 permits) within the City of Waterloo; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Section 1. A moratorium on the issuance of new retail tobacco permits shall be in effect in Waterloo, Iowa, until December 1, 2025. Section 2. Retail tobacco permits in effect on the date of this Resolution may be renewed during the moratorium. A change in business ownership for a retail tobacco permittee shall constitute a new tobacco retail permit application, not a renewal, and are thus prohibited during the moratorium. Section 3. The Planning and Zoning Department is directed to conduct a thorough review of the regulations, to include relevant stakeholders, and propose amendments forthwith. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this 19t1i day of May, 2025. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk .... • IIIIII�j�'II�/ •;� •• Ilf 1r����1111111. •\\\�— Page 307 of 316 ORDINANCE NO. AN ORDINANCE ESTABLISHING GRADES FOR THE F.Y. 2025 SIDEWALK INSPECTION AND REPAIR PROGRAM— ZONE 4 , CONTRACT NO. 1111 , IN THE CITY OF WATERLOO, IOWA BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: SECTION 1 . BASE OF LEVELS: Bench Marks . That the base of levels or bench marks establishing the grades of all paved streets within the corporate limits of the City of Waterloo, Iowa, shall be indicated by permanent points from U. S .G. S . monuments at the following locations : USGS 1" Brass Plug Kimball (Center Headwall Culvert) & San Marnan (@ 200' East) 906.05 USGS Disk #38 1934 Hackett (500' NW along RR tracks) & Hackett (Post 46' SW or SW Rail) 849.85 USGS Disk #2 1933 4th W. (Set in post SW cor of bldg) & South 866.55 USGS Disk 18th (SW cor SW bridge) & 18th (SW cor SW bridge) 847.08 USGS 635 Br. Cap 18th (NE cor bridge over Cedar) & 18th (NE cor bridge over Cedar) 847.54 USGS #117 JSC 965 Ansborough (West ROW) & Shaulis (301' S. of Cl) 964.39 USGS Mon TT2 Wagner Rd. (80' N of Stoddard Mfg) & Wagner Rd (80' N of Stoddard Mfg) 861.10 USGS Mon Wagner Rd (NW cor bridge Sta. 75+50) & Wagner Rd (NW cor bridge Sta. 75+50) 868.08 USGS Conc. Mon Wagner Rd (NW cor bridge Sta. 60+75) & Wagner Rd (NW cor bridge Sta. 60+75) 869.55 USGS Mon 1610 Tammi Terrace (235' NW pl NW Lot) & San Marnan (NW pl NW Lot) 933.81 USGS #L-11 1933 Shaulis (36' North) & Section 9-89-13 (46' E. E1/4 Cor) 861.35 USGS Brass Plug Nevada (End of flood wall) & Nevada (W. of National By-Prod) 849.74 All Bench Marks elevations are by mean sea level elevation. Section 2 . STREET GRADES. All grades established by this ordinance or that may be established hereafter, shall be calculated from the bench marks established by Section One of this Ordinance and shall be calculated on the Centerline of the streets on which they are established. Section 3 . GUTTERLINE GRADE. The gutterline grade of all streets with curbs and gutters shall be calculated at two percent (20) slope below the Centerline grade, except in cases where, by reason of the natural slope and elevation of the ground, approved methods of construction, and benefits to abutting property, it is impractical to maintain under the existing conditions, such as elevation below the Centerline grade . Section 4 . SIDEWALK GRADE. The grade of all permanent sidewalks shall, unless some special grade be established by ordinance, conform to the established grade of that part of the street upon which they are located and shall be elevated above such established gutterline grade one foot (11 ) , except in cases where, by reasons of the natural slope and elevation of the ground, approved methods of construction, and benefits to abutting property, it is impractical to maintain under the existing conditions, such an elevation above the established gutterline grade . Section 5. GRADES FOR STREETS. The grades for streets and sidewalks have been calculated and shall be in one of three divisions as follows : DIVISION I -- IMPROVED STREETS (Street grades with existing ordinance number. ) BLOCKS STREET LOCATION LOCATION ORDIN. DATE VOL PAGE 1400 1500 Black Hawk St W. 12th St W. 14th St 4650 04/01/2004 2004 22481 300 400 Commercial St W.2nd St W. Park St 3892 09/14/1992 303 1773 1400 1800 Commercial St W. 12th St W. 17th St 2598 06/22/1972 727 4 1100 1100 Grant Ave Randolph St W.9th St 407 02/05/1912 D 211 1300 1400 Grant Ave Randolph St Linwood Ave 407 02/05/1912 D 211 300 300 Highland Blvd Prospect Blvd Vine St 4314 077/28/1998 332 804 400 400 Jefferson St W.3'd St. W. Park St 1307 08/20/1928 2 242 600 700 Jefferson St W.4th St. W.6th St. 1307 08/20/1928 2 242 100 200 Linwood Ave Williston Ave. South St. 3892 09/14/1992 303 1773 800 1000 Randolph St. W. 6th St. W.9th St 407 02/05/1912 D 211 300 300 W. 10th St. Bluff St. Jefferson St. 407 02/05/1912 D 211 100 100 W 18th St Commercial St. Black Hawk St. 1367 08/17/1931 2 320 1100 1100 Wellington St. W.9th St. Randolph St. 407 02/05/1912 D 211 800 900 Williston Ave W.6th St. W.8th St. 4744 03/30/2005 2005 22311 1100 1400 Williston Ave W.9th St. Linwood Ave. 4038 09/12/1994 313 34 1600 1600 Williston Ave W. 11th St. Oregon St. 1367 08/17/1931 2 320 100 100 W.6th St. Commercial St. Cedar River 5144 04/09/2013 2013 20995 300 300 W.91h St. Bluff St. Jefferson St. 407 02/05/1912 D 211 1100 1300 Randolph St. W.6th St. W.9th St. 407 02/05/1912 D 211 600 700 W. 11th St. Williston Ave. South St. 4744 03/30/2005 2005 22311 - 1 - Page 308 of 316 DIVISION II -- IMPROVED STREETS (Street grades established subject to Council approval . ) SOUTH ST - W. 7th St. to W. 12th St. (900 - 1300 Block) Centerline Elevation Sta. 00+00 . 00 VPI 857 . 40 Sta. 00+25 . 00 VPT 857 . 55 Sta. 00+36 . 50 PTR 857 . 62 Sta. 00+43 . 60 VPI 857 . 65 Sta. 01+93 . 60 VPI 860 . 30 Sta. 03+43 . 60 VPI 863 . 25 Sta. 03+47 . 30 PTR 863 . 33 Sta. 03+82 . 90 VPI 864 . 24 Sta. 04+18 . 30 PTR 864 . 56 Sta. 04+18 . 60 VPI 864 . 65 Sta. 04+93 . 60 VPI 866 . 12 Sta. 05+93 . 60 PTR 872 . 70 Sta. 06+93 . 60 VPI 875 . 10 Sta. 07+43 . 60 PTR 877 . 40 Sta. 07+63 . 90 PTR 878 . 55 Sta. 07+93 . 60 VPI 879 . 70 Sta. 08+13 . 70 PTR 880 . 35 Sta. 08+29 . 80 PTR 880 . 86 Sta. 08+43 . 60 HPI 881 . 31 Sta. 08+79 . 80 VPI 882 . 91 Sta. 09+29 . 80 VPI 884 . 10 Sta. 10+04 . 80 VPC 885 . 81 Sta. 10+71 . 80 VPI 886 . 57 Sta. 10+79 . 80 VPI 886 . 56 Sta. 11+54 . 80 VPT 885 . 40 Sta. 11+77 . 00 PTR 884 . 77 Sta. 12+01 . 30 HPI 884 . 09 Sta. 12+04 . 80 VPI 883 . 99 Sta. 12+22 . 90 PTR 883 . 49 Sta. 12+79 . 80 VPI 881 . 65 Sta. 13+54 . 80 VPI 878 . 55 Sta. 14+75 . 90 PTR 874 . 20 Sta. 14+79 . 80 VPI 874 . 03 Sta. 14+99 . 72 EOP 873 . 29 BLACK HAWK ST - W. 15th St to W 16th St (1700 Block) Centerline Elevation Sta. 00+00 . 00 843 . 55 Sta. 00+80 . 80 VPI 843 . 95 Sta. 03+73 . 80 842 . 36 CEDAR ST - W. 2nd St to W 3rd St (400 Block) Centerline Elevation Sta. 00+27 . 00 846 . 30 Sta. 01+31 . 97 846 . 97 Sta. 03+68 . 27 847 . 07 COMMERCIAL ST - W. Park Ave to W. 7th St (500-800 Block) Centerline Elevation Sta . 02+10 . 80 848 . 53 Sta. 05+42 . 60 VPI 846 . 70 Sta. 09+23 . 50 VPI 843 . 55 COMMERCIAL ST - W. 9th St to W loth St (1100 Block) Centerline Elevation Sta . 16+50 . 00 VPI 847 . 47 Sta. 16+79 . 86 PTR 847 . 32 Sta. 19+65 . 00 VPI 845 . 88 Sta. 19+90 . 03 PTR 846 . 01 Sta. 20+25 . 00 VPI 846 . 18 E. 5TH ST - W. 9th St to W loth St (1100 Block) Centerline Elevation Sta. 10+19 . 50 844 . 46 Sta. 13+15 . 78 845 . 78 - 2 - Page 309 of 316 GRANT ST - W. 7th St to W 9th St (700 - 1000 Block) Centerline Elevation Sta. 00+00 . 00 852 . 87 Sta. 00+16 . 00 VPI 852 . 95 Sta. 00+23 . 57 PTR 852 . 90 Sta. 06+97 . 53 BOP 853 . 24 Sta. 09+24 . 83 HPI 853 . 24 Sta. 09+82 . 31 VPI 862 . 58 Sta. 10+68 . 00 PTR 865 . 12 Sta. 11+18 . 21 VPI 866 . 60 Sta. 11+23 . 85 HPI 866 . 81 Sta. 13+74 . 17 VPI 876 . 10 Sta. 14+13 . 00 VPI 877 . 42 Sta. 14+53 . 91 VPI 878 . 14 Sta. 15+50 . 00 VPI 880 . 06 Sta. 17+50 . 59 EOP 885 . 41 HAMMOND AVE - SOUTH ST to WILLISTON AVE (200 - 400 Block) Centerline Elevation Sta. 27+00 . 00 BOP 875 . 96 Sta. 28+25 . 00 PVI 876 . 07 Sta. 31+00 . 00 PVI 877 . 56 Sta. 35+00 . 00 PVI 880 . 10 Sta. 38+11 . 00 BOP 875 . 96 Sta. 39+50 . 00 PVI 880 . 70 Sta. 41+74 . 00 PVI 877 . 91 JEFFERSON ST. - SOUTH ST to WILLISTON AVE (300 Block) Centerline Elevation Sta. 103+75 . 00 BOP 842 . 51 Sta. 104+00 . 00 PVI 842 . 64 Sta. 107+09 . 71 PVI 843 . 25 JEFFERSON ST. - W. PARK AVE to W. 4TH ST (500 Block) Centerline Elevation Sta. 12+39 . 27 845 . 26 Sta. 15+50 . 00 VPI 846 . 90 Sta. 16+03 . 56 VPI 847 . 20 JEFFERSON ST. - w. 8TH ST to W. 18TH ST (1000 - 1900 Block) Centerline Elevation Sta. 133+93 . 12 VPI 846 . 84 Sta. 133+45 . 20 VPI 846 . 42 Sta. 130+12 . 20 VPI 845 . 06 Sta. 133+93 . 12 VPI 846 . 84 Sta. 133+45 . 20 VPI 846 . 42 Sta. 130+12 . 20 VPI 845 . 06 Sta. 129+72 . 00 VPI 844 . 80 Sta. 129+00 . 00 VPI 845 . 14 Sta. 126+70 . 94 VPI 843 . 90 Sta. 125+96 . 44 VPI 844 . 17 Sta. 125+25 . 00 VPI 844 . 37 Sta. 122+99 . 52 VPI 843 . 60 Sta. 122+50 . 02 VPI 843 . 77 Sta. 121+66 . 00 VPI 844 . 09 Sta. 119+54 . 00 VPI 845 . 15 Sta. 119+03 . 55 VPI 844 . 89 Sta. 118+32 . 55 VPI 845 . 26 Sta. 114+71 . 00 VPI 843 . 75 Sta. 113+00 . 00 VPI 844 . 79 Sta. 112+50 . 00 VPI 844 . 21 Sta. 110+00 . 00 VPI 844 . 21 Sta. 109+00 . 00 VPI 843 . 43 Sta. 107+11 . 00 VPI 842 . 36 Sta. 106+25 . 00 VPI 842 . 63 Sta. 105+00 . 00 VPI 841 . 87 Sta. 103+39 . 00 VPI 840 . 71 Sta. 101+92 . 00 VPI 841 . 80 Sta. 100+07 . 00 VPI 840 . 87 Sta. 99+50 . 00 VPI 840 . 79 Sta. 97+25 . 00 VPI 843 . 07 Sta. 96+83 . 10 VPI 843 . 80 3 - Page 310 of 316 W. 12TH ST. - W. MULLAN AVE. to W. 1ST ST. (1100 - 1300 Block) Centerline Elevation Sta. 00+98 . 98 864 . 47 Sta. 01+14 . 48 864 . 30 Sta. 01+30 . 00 VPI 864 . 37 Sta. 02+55 . 00 VPI 866 . 24 Sta. 04+40 . 00 VPI 865 . 06 Sta. 04+65 . 31 864 . 87 Sta. 04+80 . 81 865 . 02 W. 12TH ST. - W. MULLAN AVE. to W. 1ST ST. (1100 - 1300 Block) Centerline Elevation Sta. 00+98 . 98 864 . 47 Sta. 01+14 . 48 864 . 30 Sta. 01+30 . 00 VPI 864 . 37 Sta. 02+55 . 00 VPI 866 . 24 Sta. 04+40 . 00 VPI 865 . 06 Sta. 04+65 . 31 864 . 87 Sta. 04+80 . 81 865 . 02 W. 3RD ST. - JEFFERSON ST. to COMMERCIAL ST. (300 Block) Centerline Elevation Sta. 00+51 . 70 843 . 10 Sta. 02+76 . 70 847 . 06 Sta. 03+37 . 90 848 . 06 W. 4TH ST. - WASHINGTON ST. to COMMERCIAL ST. (200 - 300 Block) Centerline Elevation Sta. 66+87 . 70 846 . 54 Sta. 70+85 . 00 846 . 91 W. 5TH ST. - BLUFF ST. to COMMERCIAL ST. (200 - 300 Block) Centerline Elevation Sta. 71+10 . 00 BOP 846 . 10 Sta. 00+50 . 00 VPI 845 . 49 Sta. 01+00 . 00 VPI 845 . 44 Sta. 02+82 . 50 VPI 846 . 31 Sta. 03+22 . 40 BOP 846 . 09 Sta. 14+02 . 00 VPI 846 . 12 Sta. 14+10 . 50 846 . 17 Sta. 15+40 . 00 VPI 846 . 31 Sta. 16+68 . 55 845 . 67 Sta. 16+86 . 00 VPI 845 . 57 W. 6TH ST. - JEFFERSON ST. to COMMERCIAL ST. (200 Block) Centerline Elevation Sta. 10+30 . 00 BOP 844 . 93 Sta. 10+80 . 00 VPI 845 . 18 Sta. 11+50 . 00 BOP 845 . 40 Sta. 13+47 . 70 VPI 845 . 70 W 7TH ST. - WELLNSTON ST. to RANDOLPH ST. (500 - 1200 Block) Centerline Elevation Sta . 10+48 . 90 857 . 23 Sta. 12+00 . 00 858 . 74 Sta. 13+31 . 80 857 . 81 W 8TH ST. - BLUFF ST. to JEFFERSON ST. (300 Block) Centerline Elevation Sta . 10+00 . 00 BOP 847 . 64 Sta . 10+30 . 00 VPC 846 . 84 Sta. 10+80 . 00 VPI 845 . 91 Sta. 11+30 . 00 VPT 845 . 76 Sta. 12+40 . 02 EOP 846 . 31 W 9TH ST. - WELLINGTON ST. to WASHINGTON ST. (500 - 700 Block) Centerline Elevation 4 - Page 311 of 316 Sta. 24+18 . 50 871 . 86 Sta. 24+50 . 00 VPT 872 . 03 Sta. 24+52 . 80 PTR 872 . 07 Sta. 26+00 . 00 VPI 874 . 21 Sta. 26+56 . 40 PTR 875 . 50 Sta. 26+88 . 90 VPI 876 . 25 Sta. 27+21 . 40 PTR 876 . 63 Sta. 27+62 . 80 PTR 877 . 16 Sta. 27+98 . 00 VPI 877 . 54 Sta. 28+33 . 30 PTR 877 . 70 Sta. 28+82 . 50 VPC 877 . 96 Sta. 29+20 . 00 VPI 877 . 79 Sta. 29+57 . 50 VPT 876 . 90 Sta. 31+10 . 00 VPC 871 . 83 Sta. 31+35 . 00 VPI 871 . 12 Sta. 31+43 . 30 PTR 870 . 94 Sta. 31+60 . 00 VPT 870 . 66 Sta. 31+78 . 50 870 . 41 Sta. 32+14 . 20 PTR 869 . 93 Sta. 33+75 . 00 VPI 867 . 75 W 9TH ST. - LEAVITT ST. to GRANT ST. (900 Block) Centerline Elevation Sta. 16+63 . 20 Cl 879 . 19 Sta. 16+98 . 20 PTR 879 . 87 Sta. 20+00 . 00 PTR 885 . 73 Sta. 20+05 . 00 VPC 885 . 83 Sta. 20+36 . 20 CL 886 . 12 WELLINGTON ST. - W. 6TH ST. to W. 9TH ST. (800 - 1000 Block) Centerline Elevation Sta. 16+63 . 20 Cl 879 . 19 Sta. 16+98 . 20 PTR JOHNSON ST - W. 9TH ST. to WILLISTON AVE. (700 Block) Centerline Elevation Sta. 21+46 . 20 865 . 03 Sta. 23+00 . 20 866 . 88 Sta. 24+84 . 15 PTR 885 . 73 ALLEN ST - JOHNSON ST. to W. 7TH ST. (900 Block) Centerline Elevation Sta. 31+08 . 00 857 . 93 Sta. 32+23 . 50 857 . 55 Sta. 33+50 . 00 858 . 18 Sta. 34+35 . 50 857 . 60 PLEASANT ST. - W. 6TH ST. to W. 7TH ST. (500 Block) Centerline Elevation Sta . 65+61 . 82 857 . 39 Sta . 67+00 . 00 866 . 88 Sta. 68+17 . 00 855 . 96 Sta . 68+81 . 11 855 . 60 W. 1 OTH ST. - COMMERCIAL ST. to CEDAR RIVER (100 Block) Centerline Elevation Sta . 05+41 . 30 845 . 57 W. 8TH ST. - WILLISTON ST. to PLEASANT ST. (1100 Block) Centerline Elevation Sta . 44+61 . 00 857 . 39 Sta. 45+33 . 00 866 . 88 Sta. 47+50 . 00 860 . 08 Sta. 48+49 . 29 859 . 60 Sta. 49+04 . 93 860 . 06 - 5 - Page 312 of 316 DIVISION III—UNIMPROVED STREETS (Unimproved streets with sidewalk grades established subject to Council approval . ) JOHNSON ST - FROM ALLEN ST TO W 8TH ST 500 BLOCK STATION Centerline Centerline Allen St 855 . 93' 187' Southeast of CL of Allen St 858 . 10' 376' Southeast of CL of Allen St 861 . 08 BLUFF ST 1100 BLOCK - FROM W 9TH ST TO W 10TH ST STATION Centerline Centerline W 9th St 849 . 43' 202' Southeast of CL of W 9th St 851 . 05' 379' Southeast of CL of W 9th St 861 . 08 1400 BLOCK - FROM W 12TH ST TO W 13TH ST STATION Centerline Centerline W 12th St 855 . 23' 174' Southeast of CL of W 12th St 852 . 83' 385' Southeast of CL of W 12th St 850 . 24 LEAVITT ST 900 BLOCK FROM W 7TH ST TO W 8TH ST STATION Centerline Centerline W 7th St 857 . 34' 256' Southeast of CL of W 7th St 862 . 58' 496' Southeast of CL of W 7th St 869 . 12 1100-1200 BLOCK FROM W 9TH ST TO RANDOLPH ST STATION Centerline Centerline W 9th St 878 . 96' 234' Southeast of CL of W 9th St 880 . 74' 475' Southeast of CL of W 9th St 879 . 80' Centerline Hoover St 879 . 68' 136' East of CL of Hoover St 878 . 74' 366' East of CL of Hoover St 877 . 95' W 13TH ST 300 BLOCK) FROM BLUFF ST TO JEFFERSON ST STATION Centerline Centerline Bluff St 850 . 30' 91' East of CL of Bluff St 848 . 61' 353' East of CL of Bluff St/ CL Jefferson st 843 . 69 W 15TH ST 100 BLOCK FROM COMMERCIAL ST TO BLACK HAWK ST STATION Centerline Centerline Commercial St 839 . 93' 205' Northeast of CL of Commercial St 842 . 24' 392' Northeast of CL of Commercial St 843 . 25' 300 BLOCK FROM BLUFF ST TO JEFFERSON ST STATION Centerline Centerline Bluff St 859 . 43' 165' Northeast of CL of Bluff St 850 . 38' 308' Northeast of CL of Bluff St 843 . 63' 6 - Page 313 of 316 W 16TH ST 100 BLOCK FROM COMMERCIAL ST TO BLACK HAWK ST STATION Centerline Centerline Commercial St 838 . 93' 211' Northeast of CL of Commercial St 841 . 54' 391' Northeast of CL of Commercial St 842 . 29' Page 314 of 316 - 8 - Page 315 of 316 - 9 - Page 316 of 316