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Council Packet - 10/5/2026
THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, October 5, 2026 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 378 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, Mayor Dave Boesen. Approval of Agenda as proposed or amended. Approval of Minutes of the September 21, 2026, Council Regular Session, as proposed or amended. CONSENT AGENDA The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda Page 2 of 378 items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 4180 Mystic Drive and located in the City Limits Urban Revitalization Area (CLURA). 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 22, 2026 and date of public hearing as November 2, 2026, in conjunction with the 2026-2028 Residential/Miscellaneous Areas Snow Removal Contract for city owned lots generally acquired through Iowa Code 657A, and instruct the City Clerk to publish notice. 4. Resolution setting date of the public hearing as October 19, 2026, to authorize the sale and conveyance of 8.95 acres of city-owned property located on Lot 9 of Waterloo Air and Rail Park in the amount of $88,501.00, including approval of a Development Agreement for the construction of a 50,400 square-foot warehouse with rebates for ten-years at fifty percent and a Minimum Assessment Agreement with Aline EDS, in the amount of $3,750,000.00, and instruct the City Clerk to publish notice. 5. Resolution setting date of public hearing as October 19, 2026, for a request by Salih Vejzovic for a Site Plan Amendment to change the conditions of zoning to allow for a car lot in the “C-2,C-Z” Conditional Zoning District at the NW corner of Conger Street and Fairview Avenue, and instruct the City Clerk to publish notice. 6. Resolution setting date of public hearing as October 19, 2026, to approve a request by Heinhold Hog Markets, LLC, for a Site Plan Amendment, to amend a previously approved site plan for the construction of a 21,640 square-foot hog holding facility in the "M-2,P" Planned Industrial District located south of 720 North Elk Run Road, and instruct the City Clerk to publish notice. 7. Resolution setting date of public hearing as October 19, 2026, on the proposal to enter into a Real Estate Contract with LMJ Investment Properties, LLC, and instruct the City Clerk to publish notice. 8. Resolution setting date of public hearing as October 19, 2026, to approve a request by A- Line EDS for a Site Plan Amendment in the “M-2,P” Planned Industrial District on Lot 9 of Waterloo Air and Rail Park 4th Addition, located south-east of 4050 Leversee Road, and instruct the City Clerk to publish notice. 9. Resolution setting date of public hearing as October 19, 2026, to approve a request by the City of Waterloo to vacate 959 square-feet of city-owned right-of-way in the “C-2” Commercial District and “R-2” One and Two-Family Residence District, located at 1130 Ansborough Avenue, and instruct the City Clerk to publish notice. 10. Resolution setting date of public hearing as October 19, 2026, to approve a request by the City of Waterloo to rezone approximately 0.272 acres from “R-2” One and Two-Family Residence District to “C-2” Commercial District, located at 1130 Ansborough Avenue, and instruct the City Clerk to publish notice. Page 3 of 378 11. Resolution approving cancellation of sidewalk assessments for properties located at 919 Allen Street (Parcel No. 891326453019), in the amount of $3,185.94, and the 500 block of Johnson Street (Parcel No. 891326453020), in the amount of $1,294.25, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. 12. Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $722,851.19, and approving the contract, bond and certificate of insurance, in conjunction with the FY 2027 Sergeant Road Trail Repairs, Contract No. 1091, and authorizing the Mayor and City Clerk to execute said document. 13. Resolution accepting a Highway Safety Improvement Program grant from the Iowa Department of Transportation, in the amount of $220,000.00, for the installation of grooved- in thermoplastic stop line and crosswalk pavement markings at thirty-six intersections, and authorizing the Mayor and City Clerk to execute said document. 14. Resolution accepting a Commercial Service Vertical Infrastructure Grant with the Iowa Department of Transportation, in the amount of $163,101.00, funded at one-hundred percent, in conjunction with the FY-2027 CSVI Terminal Building Remodel Project, and authorizing the Mayor and City Clerk to execute said document. 15. Resolution accepting an Air Service Development Grant with Iowa Department of Transportation, in the amount of $48,000.00, funded at eighty percent, in conjunction with the FY-2027 Air Service Development Program, and authorizing the Mayor and the Director of Aviation to execute said document. 16. Resolution accepting an Airport Improvement Program Grant with the Iowa Department of Transportation, in the amount of $107,725.00, funded at seventy-five percent, in conjunction with the Hangar Development Planning Study Project, and authorizing the Mayor and City Clerk to execute said document. 17. Motion to receive and file Grout Museum funding reports from July and August 2026. 18. Tokpa Jamah, Board/Commission: Human Rights Commission, Expiration Date: October 5, 2029, New appointment. 19. Dasha Bays, Board/Commission: Human Rights Commission, Expiration Date: October 5, 2029, New appointment. 20. Allen Green, Board/Commission: Cultural and Arts Commission, Expiration Date: June 20, 2029, Reappointment. 21. Rajane Grant, Board/Commission: Community Development Board, Expiration Date: October 5, 2029, New appointment. 22. Communication from the Public Works Sanitation Department on the notice of the conclusion of employment of Jason Heffelmeier, Solid Waste Technician, effective August 28, 2026, with recommendation of approval of payout of $1,646.04 for unused benefits. 23. Communication from the Police Department on the notice of the conclusion of employment of Andrea Lynn, Clerk II, effective August 28, 2026, with recommendation of approval of payout of $3,762.91 for unused benefits. Page 4 of 378 24. Communication from the Police Department on the notice of the conclusion of employment of Hector Camarin, Police Lieutenant, effective September 11, 2026, with recommendation of approval of payout of $29,825.30 for unused benefits. 25. Motion to receive and file Planning, Programming, and Zoning Commission minutes of August 2026. 26. Cigarette/Tobacco/Nicotine/Vapor Permit Linn Mart, 926 Linn Street (Retail Tobacco) (New). 27. Liquor Licenses 1850 Patio & Grill, 1850 W. Ridgeway Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/31/2026. Damon's Sports Bar & Grill, 2122 Kimball Avenue, Class C w/Sunday Sales (Renewal) Exp: 10/04/2026. Friendship Village, 600 Park Lane, Class F w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/18/2026. Hy-Vee Fast & Fresh, 3700 University Avenue, Class C w/Sunday Sales (Renewal) Exp: 10/31/2026. K-Zar, 1761 Independence Avenue, Class E w/Sunday Sales, (Renewal) Exp: 10/13/2027. Kwik Star #715, 135 E. Ridgeway Avenue, Class B w/Sunday Sales (Renewal) Exp: 07/31/2026. Karma Bar, 309 w. 4th Street, Class C w/Outdoor Service and Sunday Sales, (Renewal) Exp: 10/14/2026. Hampton Inn, 2034 La Porte Road, Class C w/Sunday Sales, (Renewal) Exp: 01/31/2027. M& J Caribbean Restaurant, 924-926 La Porte Road, Class C w/Sunday Sales, (Renewal) Exp: 09/22/2026. Now & Forever Waterloo, 1976 Franklin Street, Class E w/Sunday Sales (New) Exp: 08/31/2027. Petersen & Tietz Florists, 2275 Independence Avenue, Class B, w/Sunday Sales (Renewal) Exp: 10/08/2026. West Side Liquor, 919 W. 5th Street, Class E w/Sunday Sales (Renewal) Exp: 10/29/2026. 28. Bonds. PUBLIC HEARINGS 1. Request by Mikhal Ambrose to rezone approximately 0.17 acres from “M-1” Light Industrial District to “R-3” Multiple Residence District to construct a single-family home located adjacent to 213 Park Road. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Mikhal Ambrose to rezone approximately 0.17 acres from “M-1” Light Industrial District to “R-3” Multiple Residence District to construct a single-family home, adjacent to 213 Park Road. Motion to suspend the rules. Page 5 of 378 Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 2. Issuance of not to exceed $3,968,000 Sewer Revenue Capital Loan Notes. 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 Instituting Proceedings to Take Additional Action for the Issuance of not to exceed $3,968,000.00 Sewer Revenue Capital Loan Notes. Submitted by: Bridgett Wood, Finance Director RESOLUTIONS 1. Resolution approving a Professional Services Agreement with Mead & Hunt, of Madison, Wisconsin, in the amount of $143,634.00, in conjunction with the Hangar Development Planning Study Project, and authorizing the Mayor to execute said document. Submitted by: Steven Kjergaard, Director of Aviation 2. Resolution approving a contract with Boomerang Corp. of Anamosa, Iowa, in the amount of $1,667,660.00, in conjunction with the Rehabilitate Partial Runway 18-36 Project, FAA AIP 3-19-0094-059-2026 and FAA AIP 3-19-0094-060-2026, and authorizing the Mayor to execute said document. Submitted by: Steven Kjergaard, Director of Aviation 3. Resolution approving a Service Agreement with Interstate Power Systems of Cedar Rapids, Iowa, in the amount of $20,526.37 over three years, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 4. Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in the amount not to exceed $15,350.00 in conjunction with the WARP 5th Addition Project, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 5. Resolution approving an Grant Administration Services Agreement with the Iowa Northland Regional Council of Governments, in an amount not to exceed $30,000.00, to oversee the EDA grant in conjunction with the FY 2026 EDA Warp Storm, Sanitary, and Water Extensions Project, Contract 1138, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 6. Resolution approving a Temporary Easement Agreement in the amount of $1,562.00 with Chrisbro II, Inc., compensation for the removal of six mature shrubs in the amount of $600.00, total compensation amount of $2,162.00, for property located at 2034 La Porte Road, in conjunction with the La Porte Road Phase III Reconstruction Project, and authorizing the Mayor and City Clerk to execute said document. Page 6 of 378 Submitted by: Noel Anderson, Community Planning and Development Director 7. Resolution approving the request by Wal-Mart Real Estate Business Trust to dedicate a 29,640 square-foot Water Main Easement located at 1334 Flammang Drive, and rescind Resolution No. 2026-216 in its entirety. Submitted by: Noel Anderson, Community Planning and Development Director 8. Resolution approving a Temporary Easement Agreement in the amount of $500.00 with Sandra K. Wright and Robert E. Wright, located at 3029 Huntington Road, in conjunction with the Katoski Drive/Huntington Road reconstruction project, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 9. Resolution approving an Amendment to the AIA - 2017 Standard Form Agreement with Plunkett Raysich Architects, LLP, dated February 10, 2025, titled Waterloo Police Support Campus to amend the project location to 100 E. 5th Street, and to amend the timeline and the project budget to $5,300,000.00, and fee schedule, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 10. Resolution of the City of Waterloo, Iowa, authorizing official banking signatures. Submitted by: ORDINANCE 1. An ordinance amending the Human Rights Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 2, Composition and Membership of Chapter 10, Human Rights Commission, Title 1, Administration, and enacting in lieu thereof a new Section 2, Composition and Membership, of Chapter 10, Human Rights Commission. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. 2. An ordinance amending the Planning, Programming, and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 3, Composition and Membership, of Chapter 1, Planning, Programming, and Zoning Commission, Title 2, Boards and Commissions, and enacting in lieu thereof a new Section 3, Composition and Membership, of Chapter 1, Planning, Programming, and Zoning Commission, Title 2, Boards and Commissions. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt the ordinance. OTHER COUNCIL BUSINESS Page 7 of 378 1. Motion to reconsider a vote to table the city manager ordinance for 30 days and form an ad- hoc committee comprised of Mr. Schmitt, Mr. Salamanca and Ms. Berry. 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. CLOSED SESSION 1. Closed Session on the purchase of real estate pursuant to Iowa Code Section 21.5(1)(j). ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 8 of 378 Page 1 of 17 September 21, 2026 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, September 21, 2026. Pre-Meeting Items Roll Call. Mayor Dave Boesen in the chair. Mr. Schmitt, Mr. Morrow, Ms. Creighton-Smith, Ms. Berry, Mr. Salamanca, Mr. Martin and Mr. Simon. Prayer or Moment of Silence. Pledge of Allegiance, Kelly Martin, At-Large Council Member. Approval of Agenda as proposed or amended. Simon/Salamanca that the agenda, as proposed, be approved. Voice vote-Ayes: Seven. Motion carried. Approval of minutes of the September 8, 2026, Council Regular Session, as proposed or amended. Simon/Salamanca that the minutes of the September 8, 2026, Council Regular Session, as proposed, be approved. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA Simon/Martin that the following items on the consent agenda be approved, except for items 3, 4, and 6, 20, 21 and 22, being removed for separate discussion, including the payment of bills for September 14, 2026, in the amount of $1,900,524.82, and September 21, 2026, in the amount of $3,960,304.11, 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. 2026-493. Resolution determining the necessity and setting date of public hearing as October 19, 2026, to approve the 2026 Amended and Restated East Waterloo Unified Urban Renewal and Redevelopment Plan, 2026 Amendment, and update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as October 2, 2026, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Page 9 of 378 Page 2 of 17 assigned No. 2026-494. Resolution determining the necessity and setting date of public hearing as October 19, 2026, to approve Amendment No. 1 to the South Waterloo Unified Urban Renewal and Redevelopment Plan, to remove property from the TIF area, and setting date of consultation with taxing entities as October 2, 2026, and instruct the City Clerk to publish notice. This item was removed to be discussed separately. Resolution determining the necessity and setting date of public hearing as October 19, 2026, to approve Amendment No. 2 to the South Waterloo Unified Urban Renewal and Redevelopment Plan, to add property to the Plan Area and TIF Area and update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as October 2, 2026, and instruct the City Clerk to publish notice. This item was removed to be discussed separately. Resolution determining the necessity and setting date of public hearing as October 19, 2026, to approve the Castle Hill Urban Renewal Plan, and setting date of consultation with taxing entities as October 2, 2026, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-495. Resolution determining the necessity and setting date of public hearing as October 19, 2026, to approve the 2026 Project Amendment to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to reduce the area subject to the division of taxes and to update projects and project budges to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as October 2, 2026, and instruct the City Clerk to publish notice. This item was removed to be discussed separately. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 8, 2026, and date of public hearing as October 19, 2026, in conjunction with the FY 2027 Storm Sewer Disconnects - 400 BLK Kern Street, Contract No. 1167, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-496. Resolution setting date of public hearing as October 5, 2026, to approve a request by Mikhal Ambrose to rezone approximately 0.17 acres from “M-1” Light Industrial District to “R-3” Multiple Residence District to construct a single-family home located adjacent to 213 Park Road, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-497. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 552 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). Page 10 of 378 Page 3 of 17 Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-498. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 554 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-499. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 556 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-500. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 558 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-501. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 602 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-502. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 604 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-503. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 606 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-504. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 608 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-505. Page 11 of 378 Page 4 of 17 Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 610 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-506. Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 4181 Mystic Drive and located in the City Limits Urban Revitalization Area (CLURA). Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-507. Resolution approving the request by Pray Du, for tax exemptions on the construction of a new single family home valued at $324,500.00, for property located at 1219 W. 7th Street and located in the Consolidated Urban Revitalization Area (CURA). Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-508. Motion to approve the hiring of Rhodes Dolan from the current Civil Service List to the position of Facilities Specialist in the Leisure Services Sportsplex, effective after September 21, 2026. This item was removed to be discussed separately. Motion to approve the hiring of Andrew Peverill from the current Civil Service List to the position of solid Waste Technician in the Sanitation Department, effective after September 21, 2026. This item was removed to be discussed separately. Motion approving the hiring of Lyndzy Rozmus to the position of Administrative Support Professional in the Clerk's Office and the Human Resources Department, effective October 1, 2026. This item was removed to be discussed separately. Andrea Gordon, Board/Commission: Housing Authority Board, Expiration Date: April 16, 2027, New appointment. Communication from the Library Department on the notice of the conclusion of employment of Lori Petersen, Youth Services Manager, effective August 19, 2026, with recommendation of approval of payout of $10,711.62 for unused benefits. Communication from the Waste Management Department on the notice of the conclusion of employment of Michael McDonald, Maintenance Mechanic, effective October 1, 2026, with recommendation of approval of payout of $1,782.32 for unused benefits. Page 12 of 378 Page 5 of 17 Liquor Licenses African Restaurant & Bar, 1010 E. Mitchell Avenue, Class C w/Sunday Sales (Renewal) Exp: 07/24/2027. Bamboo Ridge Campground, 4550 La Porte Road, Class C w/Sunday Sales (Renewal) Exp: 09/18/2027. Dollar General #20548, 1650 Idaho Street, Class B w/Sunday Sales (Renewal) Exp: 11/06/2026. Friendship Village/Friends of Faith Retirement Home, 600 Park Lane, Class F w/Sunday Sales (Ownership Updates) Exp: 10/18/2026. Hy-Vee Fast & Fresh #3, 1512 Flammang Drive, Class B w/Sunday Sales (Renewal) Exp: 08/26/2027. Izumi Sushi and Hibachi, 941 E. San Marnan Drive, Class C w/Sunday Sales (Renewal) Exp: 08/13/2027. Kwik Star #569, 875 Fisher Drive, Class B w/Sunday Sales (Renewal) Exp: 08/27/2027. Kwik Star #1004, 111 E. Ridgeway Avenue, Class B w/Sunday Sales (Renewal) Exp: 10/21/2027. Locke At Tower Park, 4140 Kimball Avenue, Class B w/Sunday Sales (Renewal) Exp: 09/20/2027. Mama Nick's Circle Pizzeria, Class C w/Sunday Sales (Renewal) Exp: 09/09/2027. The Brown Bottle, 209 W. 5th Street, Class C w/Sunday Sales (Renewal) Exp: 10/21/2027. Three Amigos Family Restaurant, Class C w/Sunday Sales (Renewal) Exp:08/24/2027. Walgreens #03950, 3910 University Avenue, Class E w/Sunday Sales (Renewal) Exp: 06/16/2027. Item #3 Morrow/Schmitt Resolution determining the necessity and setting date of public hearing as October 19, 2026, to approve Amendment No. 1 to the South Waterloo Unified Urban Renewal and Redevelopment Plan, to remove property from the TIF area, and setting date of consultation with taxing entities as October 2, 2026, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-509. Mr. Morrow requested an overview of consent agenda items 3, 4, and 6. Noel Anderson, Community Planning and Development Director, explained that we are required by the state code to amend our Urban Renewal Plan on an annual basis when there are new projects that need to be added to the Plan and this allows us to legally pay the bills for infrastructure, etc. He further explained the reason and process for adding and removing parcels. Mr. Morrow questioned how the TIF is being impacted. Noel Anderson provided an overview of how TIF districts are affected. Mayor Boesen added additional clarification. Page 13 of 378 Page 6 of 17 Item #4 Morrow/Schmitt Resolution determining the necessity and setting date of public hearing as October 19, 2026, to approve Amendment No. 2 to the South Waterloo Unified Urban Renewal and Redevelopment Plan, to add property to the Plan Area and TIF Area and update projects and project budgets to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as October 2, 2026, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-510. Item #6 Morrow/Schmitt Resolution determining the necessity and setting date of public hearing as October 19, 2026, to approve the 2026 Project Amendment to the Crossroads Waterloo Urban Renewal and Redevelopment Plan to reduce the area subject to the division of taxes and to update projects and project budges to be included in the Plan, and other general updates to the Plan, and setting date of consultation with taxing entities as October 2, 2026, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-511. Item #20 Schmitt/Berry Motion to approve the hiring of Rhodes Dolan from the current Civil Service List to the position of Facilities Specialist in the Leisure Services SportsPlex, effective after September 21, 2026. Roll Call vote-Ayes: Six. Nays: One (Schmitt). Motion carried. Mr. Schmitt commented that he did not vote to approve the budget, so he will be voting no on the item. Mr. Martin questioned if the vacancy was due to a retirement. Todd Derifield, Leisure Services Director, confirmed this is an internal hire and explained that following a retirement at Young Arena, an employee at the SportsPlex transferred to that position, leaving a vacancy at the SportsPlex. Ms. Berry questioned if the position already exists within the budget and this is just replacing an individual. Todd Derifield confirmed. Item #21 Schmitt/Simon Motion to approve the hiring of Andrew Peverill from the current Civil Service List to the position of solid Waste Technician in the Sanitation Department, effective after September 21, 2026. Roll Call vote-Ayes: Seven. Motion carried. Page 14 of 378 Page 7 of 17 Mr. Schmitt commented that he has the same questions and the same vote on this item as item #20. Randy Bennett, Public Works Division Manager, commented that this position is in the sanitation department and will be paid with Proprietary Funds, not through the General Fund. Mr. Salamanca questioned what the impact would be on his department and the citizens of Waterloo if this position was not filled. Randy Bennett explained that this is replacing an existing position and if it were not filled it would take longer to complete the route for yard waste and garbage collection and maintenance of the compost site. Item #22 Schmitt/Morrow Motion approving the hiring of Lyndzy Rozmus to the position of Administrative Support Professional in the Clerk's Office and the Human Resources Department, effective October 1, 2026. Roll Call vote-Ayes: Six. Nays: One (Schmitt). Motion carried. Mr. Schmitt commented that he has the same question and the same response as item #20. Ms. Creighton-Smith commented that this is a new position. Missy Gearhart, Assistant Human Resources Director, commented that this is a shared position between HR and the Clerk's office. She explained that the Clerk's office has two positions that are unfilled and one of those will remain unfilled to pay for this position. Mr. Salamanca questioned how there could be a new position yet replacing a vacant position. Kelley Felchle, City Clerk, explained that this is reconfiguring dollars that have already been allocated to adjust how our department operates. With the upcoming move to the new City Hall, implementation of new software to help improve services to the community, and the expectation that there will be a reduction in the amount of foot traffic, we believe this position will be well suited to partnering with Human Resources and helping them with all that they do, because they also run extremely lean. Missy Gearhart shared that they did an extensive needs analysis with the Clerk's department and found that this is what their needs are. Mr. Martin commented that this position has been vacant for nearly a year and a half. Kelley Felchle explained that rather than fill the position right away, we chose to take a year and focus on increased cross-training and studying what we are doing and how we are doing it. With the move to the new building, we feel this would be a better use of the dollars that have been allocated. Mr. Schmitt reiterated his reasons for voting against filling vacant positions, citing high taxes and the importance of becoming more competitive with other cities. Page 15 of 378 Page 8 of 17 Mr. Simon shared that he also believes Waterloo needs to be competitive, but not at the expense of departments not being able to operate efficiently. He commented that the City Clerk explained very well all their efforts to cross-train staff for efficiency and if this position makes us more efficient or competitive, he thinks this is a good hire. PUBLIC HEARINGS Request by Yashpal Saini to rezone approximately 5.29 acres from “A-1” Agricultural District to “R-2” One and Two Family Residence District in order to split the lots to allow for the construction of single-family homes located south of 1220 Bishop Avenue to 1304 Bishop Avenue. Schmitt/Berry 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. Schmitt/Berry to close the hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission. Roll Call vote-Ayes: Seven. Motion carried. Schmitt/Martin to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Yashpal Saini to rezone approximately 5.29 acres from “A-1” Agricultural District to “R-2” One and Two Family Residence District in order to split the lots to allow for the construction of single-family homes located south of 1220 Bishop Avenue to 1304 Bishop Avenue. Roll Call vote-Ayes: Seven. Motion carried. Schmitt/Morrow to suspend the rules. Roll Call vote-Ayes: Seven. Motion carried. Mr. Schmitt questioned the urgency of moving the ordinance forward. Noel Anderson, Community Planning and Development Director, shared that he is unaware of any timing issues and that there has been no opposition. Schmitt/Creighton-Smith 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. 5847. FY 2026 South Business Park - Phase I, Contract No. 1129, RM-8155(789)--9D-07 Morrow/Schmitt to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Seven. Page 16 of 378 Page 9 of 17 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, questioned the purpose of the project and how it relates to Resolution No. 4 on the agenda. Jamie Knutson, City Engineer, provided an overview of the project, how it relates to item No. 4 and the grants helping to fund the project. Morrow/Schmitt to close hearing and receive and file oral comments. Voice vote-Ayes: Seven. Motion carried. Morrow/Schmitt 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. 2026-512. Morrow/Martin to receive, file and instruct City Clerk to read bids. Voice vote-Ayes: Seven. Motion carried. Engineer's Estimate: $14,000,000.00 Reilly Construction Co., Inc., Ossian, IA - 5% - $16,509,896.83 C.J. Moyna & Sons, Elkader, IA - 5% - $12,833,468.72 McAninch Corporation, Des Moines, IA - 5% - $13,695,180.26 Peterson Contractors, Inc., Reinbeck, IA - 5% - $12,644,650.02 Boomerang Corp., Anamosa, IA - 5% - $13,600,970.85 Morrow/Salamanca Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $12,644,650.02, approving the contract, bond and certificate of insurance, in conjunction with the FY 2026 South Business Park - Phase I Project, Contract No. 1129, RM- 8155(789)--9D-07, 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. 2026-513. RESOLUTIONS Resolution approving an Amendment to the Development Agreement with Iowa Heartland Habitat for Humanity for 408 Vermont Street, to allow for the demolition of the existing home and the construction of a new single-family home, and to extend the completion deadline to July 31, 2029, and authorizing the Mayor and City Clerk to execute said documents. Creighton-Smith/Berry Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-514. David Dreyer, 3145 W. 4th Street, questioned who is paying for the demolition. Page 17 of 378 Page 10 of 17 Noel Anderson, Community Planning and Development Director, shared that Habitat for Humanity will be paying for the demolition. Mr. Simon questioned how work is progressing on the project. Noel Anderson shared that they were initially going to rehabilitate it, but later determined that demolition and reconstruction would work best for the site, so we are adding months to meet their timeline. Mr. Salamanca questioned if they had substantially completed work. Noel Anderson explained there are multiple development agreements with Habitat, and they are making very good process on all of them. Resolution approving an Amendment to the Development Agreement with Dhani RE Waterloo, LLC to increase the number of residential dwellings from twenty-six to twenty-eight and provide $10,000.00 in additional Housing Infill incentives for two new units, amend the completion date to March 31, 2027, and an Amendment to the Minimum Assessment Agreement to have a minimum assessed value of $2,550,000.00, located at 722 Water Street (aka 20 E. 5th Street), and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Berry Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-515. Mr. Salamanca questioned where the developer is on this project. Noel Anderson, Community Planning and Development Director, shared that they are making great progress. Arp Patel, Dahni RE Waterloo, LLC and 20 E. 5th Street, explained that the mechanicals are done and most of the inspections have now been passed and he has no doubt they will meet the deadline. Resolution approving an Amendment to a Site Lease Agreement for the City-Owned Property Agreement with Croell, Inc., in the amount of $7,500.00, to extend the termination date to November 30, 2026, for continued operation of a portable concrete batch plant, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Berry Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-516. Resolution approving Supplemental Agreement No. 4 to the Professional Services Agreement with AECOM, Inc., of Waterloo, Iowa, in an amount not to exceed $1,599,100.00 for construction-related services, in conjunction with the FY 2026 South Business Park - Phase I Project, Contract No. 1129, and authorizing the Mayor to execute said document. Berry/Salamanca Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor Page 18 of 378 Page 11 of 17 assigned No. 2026-517. Mr. Morrow requested an overview of the agenda item. Jamie Knutson, City Engineer, explained AECOM's role in overseeing the project. Resolution approving a Street Lighting Agreement with MidAmerican Energy Company, of Des Moines, Iowa, in the estimated amount of $13,342.64, to install streetlights in conjunction with the FY 2026 Parkview Manor and W. 3rd Street Detention Basin Project, Contract No. 1137, and authorizing the Mayor to execute said document. Berry/Salamanca Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-518. Resolution approving an agreement with MidAmerican Energy Company, of Des Moines, Iowa, in the estimated amount of $50,806.54, to install underground electric distribution facilities in conjunction with the FY 2026 Parkview Manor and W. 3rd Street Detention Basin Project, Contract No. 1137, and authorizing the Mayor to execute said document. Berry/Salamanca Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-519. Resolution approving award of bid to Brock Even Construction, LLC, of Jesup, Iowa, in the amount of $104,440.83, approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2027 Sidewalk Repair Assessment Program - Zone 5B Project, Contract No. 1156, and authorizing the Mayor and City Clerk to execute said documents. Martin/Salamanca Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-520. Mr. Morrow questioned how many locations are included in the agreement and if the city receives reimbursement for the work. Jamie Knutson, City Engineer, explained that there are over 500 locations and that residents will receive an invoice which they can choose to pay in part or in full. Any remaining amount due would be sent to the county and collected through their property taxes. Mayor Boesen commented that his neighbor chose to have this company do the work on their sidewalk because the estimate to complete the work was much less than if they were to hire a contractor themselves. Resolution approving a Professional Services Agreement with ePlus Technology Inc., in the amount of $1,788,288.62 in conjunction with the Enterprise Network Equipment and Services project as part of the fiber backbone project, and authorizing the Mayor to execute said document. Martin/Salamanca Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-521. Page 19 of 378 Page 12 of 17 David Dreyer, 3145 W. 4th Street, requested an overview of the agenda item. Chris Youngblut, IT Director, provided an overview of the project and spoke about the benefits of entering into this agreement. Bridgett Wood, Finance Director, provided an update on the $20 million bond funding the city received. Resolution approving the installation of two speed humps to be placed at Longfellow Avenue by Lincoln School. Martin/Salamanca Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-522. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation -2nd Offense with Neighborhood Mart, 2100 Lafayette Street, Waterloo, Iowa 50703,and acceptance of a civil penalty in the amount of $1,500.00, and authorizing the Mayor and City Clerk to execute said document. Salamanca/Martin Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-523. David Dryer, 3145 W. 4th Street, questioned if these establishments were to continue, could they be deemed a chronic nuisance and revoke their ability to sell tobacco. Mayor Boesen commented that he is unsure if they could be deemed a chronic nuisance, but when the fees go from $300 for a first violation to $1,500 for the second offense, we would hope that things change. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - Second Offense with Kwik Stop 3, 1140 Washington St. Waterloo, IA 50702, and acceptance of a civil penalty in the amount of $1,500.00, and authorizing the Mayor and City Clerk to execute said document. Salamanca/Martin Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-524. Resolution approving the Pre-Employment Reimbursement Agreement, and authorizing the Fire Chief to execute said agreements on an ongoing basis. Salamanca/Martin Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-525. David Dryer, 3145 W. 4th Street, asked for an explanation of the purpose of the agreement. Bill Beck, Fire Chief, provided an overview of the item. Page 20 of 378 Page 13 of 17 Mr. Simon questioned if the policy is similar to the policies of other communities. Bill Beck explained that he is not aware of other Fire Departments having this agreement in place. Mayor Boesen asked for the cost of tuition for training new recruits. Bill Beck provided an overview of the costs. Resolution of the City of Waterloo approving an application to the Iowa Department of Transportation seeking funding through the Iowa Clean Air Attainment Program to establish a Microtransit Pilot Program within the cities of Waterloo and Cedar Falls, Iowa. Salamanca/Martin Roll Call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2026-526. ORDINANCES 1. An ordinance amending the City of Waterloo Code of Ordinances by amending Chapter 5 Chronic Nuisance Properties, of Title 5, Police Regulations, Section 1, Definitions. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by amending the City of Waterloo Code of Ordinances by amending Chapter 5 Chronic Nuisance Properties, of Title 5, Police Regulations, Section 1, Definitions. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Morrow/ Martin to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by amending the City of Waterloo Code of Ordinances by amending Chapter 5 Chronic Nuisance Properties, of Title 5, Police Regulations, Section 1, Definitions. Roll Call vote-Ayes: Seven. Motion carried. Morrow/Martin to suspend the rules. Roll Call vote-Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Chief Duncan provided an overview of the ordinance. Morrow/Martin to consider and pass for the second and third times and adopt said ordinance. Roll Call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5848. 2. An ordinance amending the City of Waterloo Code of Ordinances by amending Chapter 1, Building Code, Article A, Building Contractors, of Title 9 Building Regulations. Page 21 of 378 Page 14 of 17 Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by amending Chapter 1, Building Code, Sections 1-10 Article A, Building Contractors, of Title 9 Building Regulations. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Schmitt/Simon to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by amending Chapter 1, Building Code, Sections 1-10 Article A, Building Contractors, of Title 9 Building Regulations. Roll Call vote-Ayes: Seven. Motion carried. Mr. Martin questioned if this is a state ordinance. Noel Anderson, Community Planning and Development Director, explained that this is in reference to the 28E Agreement we had with INRCOG that was rescinded because they are no longer handling the licensing, so this amendment is changing the code to reflect that. Mayor Boesen clarified that contractors used to have to apply for licensing through INRCOG, and now they will need to apply through us. Schmitt/Simon to suspend the rules. Roll Call vote-Ayes: Seven. Motion carried. Schmitt/Morrow to consider and pass for the second and third times and adopt said ordinance. Roll Call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5849. 3. An ordinance amending the City of Waterloo Code of Ordinances by creating a City Manager position. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by adding a new Article E, City Manager, to Title 1, Administration, Chapter 5, Municipal Officials and adding a new Section 3, Removal, to Title 1, Administration, Chapter 5, Municipal Officials. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Simon/Morrow to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by adding a new Article E, City Manager, to Title 1, Administration, Chapter 5, Municipal Officials and adding a new Section 3, Removal, to Title 1, Administration, Chapter 5, Municipal Officials. LaTonya Graves, 607 E. Donald Street, questioned where the funding would come from, why we need a city manager and whose job is going to be eliminated. Mayor Boesen commented that the position will not be replacing the mayor. He explained that the city manager would be hired and fired by the city council and would also answer to the council. He shared that Mayor Hart had money in his budget for the last five to six years for a position like this. With other salary savings that we have made with staffing changes, there is Page 22 of 378 Page 15 of 17 money in the budget to fully fund this position for salary and benefits. The position will oversee all city departments and said that the success of Waterloo cannot be based on the next election cycle. We need a constant person in this position through election cycles with expertise and a proven track record to manage cities similar to our size. He explained that out of the top 15 largest cities in Iowa, only two cities are without a city manager or city administrator, those being Council Bluffs and Waterloo. Out of all the cities, Waterloo has the highest tax rate and Council Bluffs is next. Ms. Berry commented that she was on the council back in 2000 with John Rooff as mayor. Tim Hurly was mayor for 6 years, then Quentin Hart for 10 years and said that Waterloo has operated with full-time elected mayors since the beginning of the City. She read from a prepared statement, including several points from the proposed ordinance and stated that this is a significant change in how Waterloo's government would operate. Ms. Berry shared her concern that Waterloo should not be making a historic shift in operational authority without a proper process in place. She shared several questions that were not answered by the amendment and asked that we slow down this process until complete information is shared, and a public hearing is held for the citizens. Mayor Boesen addressed Ms. Berry's questions and commented that he works 50–60 hours a week and still, 55 percent of his duties are outside of running the day-to-day operations of the City. He explained that he will not be reducing the number of hours he works and plans to engage in more of those day-to-day duties when a city manager is in place. He further commented that he would take a substantial cut in pay since a lot of his duties would be taken on by the city manager. Mayor Boesen reiterated that the powers of the city manager will be directed by the city council. Ms. Berry commented that by hiring a city manager we are adding another layer of bureaucracy. Mr. Salamanca provided several examples of how having a city manager would benefit the city and its residents and compared the position to a chief operations officer who would be held accountable to the council for the success and efficiency of the city and its daily operations. Ms. Creighton-Smith shared her comments and concerns on the importance of such a drastic change to how we run our current government. She called for the council and the public to receive a clear written explanation, opportunities to ask questions and receive answers. She commented that two 20-minute work sessions is not enough time for such a drastic change. Mr. Morrow commented on the similarities of bringing on a city manager to that of adding a new management team at a business, stating that it can take a little time to make the business successful. He agrees that having a city manager keeps the operations of Waterloo from being susceptible to election cycles and provides consistency. In addition, this position would not raise taxes as funds are already in place, so that should be a positive. Mayor Boesen added that it takes politics out of the decisions that come out of the mayor's office and that a mayor should not be making decisions on the day-to-day operations or the direction the city is going, worrying whether it will cost him votes in the next election. Mr. Schmitt shared that he and a few others had spent a couple of years looking into a city manager and that he has since become much more open to the idea. He further shared that he Page 23 of 378 Page 16 of 17 thinks we should be talking to Dubuque, Davenport, Cedar Rapids and Sioux City because those are cities that we compete with. He would like to form a committee with Mr. Salamanca and Ms. Berry and said that they would visit those cities and return with specific information to address the questions asked tonight. Schmitt/Martin to table the item for 30 days and form an ad-hoc committee comprised of Mr. Schmitt, Mr. Salamanca and Ms. Berry. Schmitt. Roll Call vote-Ayes: Four. Ayes: Four. Nays: Three (Salamanca, Martin and Simon). Motion carried. Ms. Creighton-Smith requested the item be tabled for longer than 30 days. Mr. Salamanca requested clarification of an ad-hoc committee. Kelley Felchle, City Clerk, explained that when the council establishes an ad-hoc committee, it becomes its own government entity. Meetings are open to the public and any votes must be recorded as minutes and recommended that one committee member be the clerk. In addition, the minutes need to be published in the paper. So all the rules that pertain to the council will pertain to this committee. Martin/Salamanca to recess at 7:14 p.m. for 5 minutes. Roll Call vote-Ayes: Seven. Motion carried. Martin/Salamanca to reconvene at 7:21 p.m. Roll Call vote-Ayes: Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects: Blake Smith, 221 Gilbert / Jeff Grill, 4422 Harvard Drive / Odell Sallis, 2613 Odaho / Renae Carson, 1108 Vine Street / Aaron Stacey Roberts, 411 Almond / LaTonya Graves, 607 E. Donald / Chad Faichney 1216 Leavitt Street / George Meeks, 609 E. Donald Street Simon/Salamanca to close public comments. Voice vote-Ayes: Seven. Motion carried. Mr. Morrow provided an update on data center information and announced his next ward meeting. Mr. Salamanca commented on the importance of exemplifying the best our city has to offer. He further shared his personal perspective on serving as a council member. Ms. Creighton-Smith shared that she will always listen to the community and will not give up the issues that are important to them. Ms. Berry thanked the audience for their comments tonight. She shared that it is not an easy job to serve as a council member. She commented that though we may not always agree, we do all want what is best for the city. Page 24 of 378 Page 17 of 17 Mr. Simon concurred with the previous comments and said that the council are all trying their best to do what is right for the city of Waterloo and thanked the public for their patience. Mr. Martin commented that he witnessed things today that he didn't like, but sometimes we have to make hard decisions and fight for what we think is right for Waterloo so we can move forward. Simon/Martin that the council adjourn at 7:51 p.m. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT that the counci adjourn at ____ p.m. Voice vote-Ayes: ____. Motion carried. ___________________________ Kelley Felchle City Clerk Page 25 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution approving the request by Robson Homes Inc., for tax exemptions on the construction of a new twin home unit valued at $200,000.00, for property located at 4180 Mystic Drive and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning and Zoning staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 48 of Prairie Meadow Estates 1st Addition ATTACHMENTS Page 26 of 378 1. 4180 Mystic Dr CLURA Map Page 27 of 378 GRINDSTONE CIR MOURNING DOVE DR GRINDSTONE CIR MOURNING DOVE DROMAHA AVEMYSTIC DR®0 80 160 24040 Feet 4180 Mystic Dr Page 28 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 22, 2026 and date of public hearing as November 2, 2026, in conjunction with the 2026-2028 Residential/Miscellaneous Areas Snow Removal Contract for city owned lots generally acquired through Iowa Code 657A, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo through its Dilapidated Housing Task force has acquired properties over the last several years primarily using Iowa Code 657A. A majority of the properties where demolished, with some being sold with development agreement and rehabilitated, and some still awaiting to be demolished. Lots owned by the City of Waterloo must be maintained, including snow removal. This bid will select a snow removal contractor for the lots. There are approximately 190 lots with sidewalk that require snow removal. Staff is proposing a two-season contract this year (winter of '26/'27 and winter of '27/'28). NEIGHBORHOOD IMPACT The request will have a positive impact on neighborhoods by ensuring City owned lots with sidewalks are cleared of snow during snow events this winter. DATA, ANALYSIS, AND STRATEGIES Property Maintenance IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing will be heald on this request. SOURCE OF EXPENDITURES Nuisance abatement ALTERNATIVE ACTION Page 29 of 378 LEGAL DESCRIPTION ATTACHMENTS 1. 2026-2028 Planning and Zoning Snow Removal RFB Page 30 of 378 Request for Bid 2026-2028 RESIDENTIAL/MISCELLANEOUS AREAS SNOW REMOVAL CONTRACT October 2026 City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Page 31 of 378 SECTION I – INSTRUCTION TO BIDDERS 1.0 EXPLANATION TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Bid must be requested in writing via email, letter, or fax, and with sufficient time allowed for a reply to reach all bidders before submission of their bids. Any interpretation or changes made to the RFB will be in the form of an addendum of the Request for Bid and will be furnished to all prospective bidders. All prospective bidders will receive email notifications of any addendums by the Project Manager. All bidders must acknowledge in the space provided on the Bid Form acknowledgement of such addendums received by the Project Manager prior to the 1:00 p.m. bid deadline set for the opening of bids. Oral explanations or instructions given before the award of the contract will not be accepted. 1.1 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Planning and Zoning Department. Before submitting a bid, each bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder’s attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. Submit sealed bid to (address exactly as stated): SEALED RFB FOR 2026-2028 RESIDENTIAL/MISCELLANIOUS AREAS SNOW REMOVAL CONTRACT City Hall City Clerk’s Office 715 Mulberry Street Waterloo, IA 50703 Bids should be mailed, overnight delivery, or in-person delivery (no electronic or fax submittals). 1.2 BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier’s check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the snow removal work and will furnish the required certificate(s) of insurance, and in case the successful bidder shall fail or refuse to enter into the Contract, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety’s agent. Signature of surety’s agent must be supported by accompanying Power of Attorney. 1.3 LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Request for Bid and Notice of Public Hearing and Notice to Bidders after the exact time set for closing of bids (Thursday, October 22, 2026, at 1:00 p.m.) will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. 1.4 PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Request for Bid and Notice of Public Hearing and Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. 1.5 EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low-income workers owning businesses or living in the Page 32 of 378 Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project shall to the greatest extent feasible be made available to lower-income persons residing in the project area. The project area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower-income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. 1.6 STATEMENT OF BIDDER’S QUALIFICATIONS Each Bidder shall, upon request of the Planning and Zoning Department, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Planning and Zoning Department shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Planning and Zoning Department all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Planning and Zoning Department that the Bidder is qualified to carry out properly the terms of the Contract. 1.7 EXECUTION OF AGREEMENT AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the Contract Documents. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. C. The failure of the successful bidder to execute such agreement and to supply the required certificate(s) within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re - advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City of Waterloo for a refund. SECTION II – GENERAL CONDITIONS 2.0 DEFINITIONS Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Page 33 of 378 Owner or Local Public Agency (LPA) - means the Planning and Zoning Department of the City of Waterloo. Project Manager - means the City’s representative from the Planning and Zoning Department, Aric Schroeder, City Planner/Project Manager. Email address: aric.schroeder@waterloo-ia.org Phone: 319-291-4366 2.1 SUPERINTENDENCE BY CONTRACTOR Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Planning and Zoning Department/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all information before proceeding with the work and be held responsible for any error resulting from failure to do so. 2.2 OTHER CONTRACTS The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Planning and Zoning Department/City of Waterloo. The Contractor shall not commit or permit any act in which will interfere with the performance of work by any other Contractor as scheduled. 2.3 FITTING AND CORRDINATION OF THE WORK The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. 2.4 CARE OF WORK The Contractor shall be responsible for all damages to person or property that occur as result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Planning and Zoning Department. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. 2.5 OTHER GENERAL REQUIREMENTS The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. Contractor shall not disturb (damage) existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the City or the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and equipment during time of performing services. Upon request, the City Forester will determine the extent of protection necessary for the trees. 2.6 PERMITS AND CODES The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Page 34 of 378 2.7 LIABILITY INSURANCE The Contractor shall at all times during the term of the Agreement maintain in full force and effect, at its own expense, Employer’s Liability, Worker’s Compensation, Automobile, Public Liability and Property Damage Insurance, and other insurance as set forth below, including contractual liability coverage for the indemnity and hold harmless provisions of this Agreement. Each policy shall require at least 30 days’ advance written notice to the City in the event of cancellation or material change in terms. The City of Waterloo, Iowa shall be specifically named as an additional insured on all insurance. Such coverages shall be primary, non-contributing and contain waivers of subrogation against any coverage held by the City. Before commencement of work hereunder, the Contractor agrees to furnish the City with certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. Insurance coverages shall comply with the limits specified below: Coverages Minimum Limits of Liability Worker’s Compensation Statutory Employer’s Liability $500,000 Bodily Injury Liability (Except automobile) $1,000,000 each occurrence Property Damage Liability (Except automobile) $1,000,000 each occurrence Automobile Bodily Injury Liability $1,000,000 each occurrence Excess Liability $5,000,000 Automobile Property Damage Liability $1,000,000 each occurrence SECTION III – SPECIAL TERMS AND CONDITIONS AND SERVICE REQUIREMENTS 3.0 TERM OF CONTRACT The initial term of the Contract shall be for two (2) snow seasons, with the first snow season being the five (5) month period, anticipated to be from November 16, 2026 to April 16, 2027, and the second snow season being the five (5) month period, anticipated to be from November 15, 2027 to April 15, 2028. A Contract, approved by the City Council and signed by the mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda, and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.1 TERMS OF PAYMENT Payment to the Contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of snow events 1” or more removed from properties that snow removal occurred during the previous month. A detailed bill of completed snow removal work must be received and approved by the Planning and Zoning Department located at 715 Mulberry St., Waterloo, Iowa before payments will be made. The billing shall include: • Property addresses and/or description of where work was performed • Number of times sidewalks were cleared at each property each month • When salt/sand is used the following shall be provided: o Pounds/tons used including rate per Tons/pounds o Property address(s) or general description(s) of where it was used o Number of applications applied per month 3.2 SCOPE OF WORK The Contractor shall provide all labor, equipment and material necessary for snow removal and application of sand/ice melt for approximately 220 Residential and miscellaneous lots/areas in accordance with bid specifications. See attached Exhibit “C” for the current list of properties. Assigned areas shall have snow removed each time there is a snow event of at least 1 inch, which shall be completed within 48 hours from the end of the snow event. The bid specs require Page 35 of 378 that the full width of the sidewalk be cleared along the full width of each property (lot) down to the pavement. A good- faith attempt will need to be made to clear down to the pavement. In the event that it is impossible, because of ice or other hazard, then sand or other abrasive material, (such as Ice Melt or another approved product) may be used so pedestrian traffic is safe. Only use sand/ice melt in amounts to make pedestrian traffic safe. Do not coat sidewalk with a large amount of sand. All work must comply with the City of Waterloo Codes & Ordinances or contractor shall return to the property and make the necessary correction without additional costs to the City. All bidders should know that the list of properties fluctuates as the city is continually acquiring and selling properties. Contractor or their designee must be reachable by phone Monday through Friday 8:00 a.m. to 5:00 p.m. during the term of the Contract. 3.3 SITE CLEAN-UP Prior to each snow removal the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the City. Additionally, the Contractor shall be responsible for cleaning up and repairing all damage created by Contractor’s snowplow & snow removal operations. This includes adding soil and seeding damaged areas as needed. 3.4 DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the City. At no time shall any snow removal equipment come in contact with any privately owned tree or shrub during snow removal. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the Planning and Zoning Department with no additional cost to the City. The Contractor shall avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to the City. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. 3.5 REQUIRED EQUIPMENT The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment listed on the Bid Form will be verified by the Planning and Zoning Department to determine whether it is adequate for this snow removal contract. A portfolio of existing or past contracts with letters of recommendations would be helpful in verifying the bidder’s qualifications. Types of snow removal equipment required for this contract: Walk-behind snow blowers Riding snow blowers Pick-up truck and/or tractor with snow blade Salt & sand applicator Shovels SECTION IV – GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY – The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer’s name should be clearly shown on each document. Page 36 of 378 4. COLLUSIVE PROPOSAL – The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS – All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT – Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, the Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, employees and agents, from and against any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or company whatsoever, including the parties hereto and their employees, that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of the contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEPTANCE – The City reserves the right to reject any or all Bids. The City further reserves the right to waive technicalities and formalities in Bids, as well as to accept in whole or in part such Bid where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENTY/LANGUAGE – All bid prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All bids (responses) must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 30 days after acceptance and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated herein by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposers will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the contract in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign the contract or any monies to become due thereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY – The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC – All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the “Iowa Open Records Law”. By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognizes this and waives any claim against the City of Waterloo and any of its officials, officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officials, officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. Page 37 of 378 EXHIBIT “A” SIGNATURE PAGE 2026-2028 Residential/Miscellaneous Areas Snow Removal Contract BID FORM BIDDER: _______________________________________________________________ COMPANY NAME Project Manager: _______________________________________________________________ PROJECT MANAGER NAME ADDRESS: _____________________________________________________________ _____________________________________________________________ PHONE: (________) _____________________________________________________ 1. The undersigned, being a Corporation existing under the laws of the State of _______, or a limited liability company existing under the laws of the State of ________, or a Partnership consisting of the following partners: ________________________________ _______________________________________________________________________, having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa, and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed SNOW REMOVAL, in accordance with the contract documents and for the unit price in place for the following amount: Bid Price: Price per Lot/Area per occurrence for approximately 220 Properties _____________________________________________________________dollars ($ __________________________ ) Written Price Per Lot/Occurrence (Numerical Price Per Lot/Occ) 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for t he work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after “Notice to Proceed” is issued. 4. Security in the sum of __________________________________ dollars ($_________) in the form of ______________________________, is submitted herewith in accordance with NOTICE TO BIDDERS. 5. The Bidder is prepared to submit a financial and experience statement upon request. Page 38 of 378 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an Affirmative Action Plan or update and an Equal Opportunity Clause, within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Addendum No. ______ Date: ____/____/____ ______ ____/____/____ ______ ____/____/____ 8. The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and timely manner. Equipment list may be submitted as a separate attachment. ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ ____________________________________ ______________________________ 9. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked “none” or “NA”. 10. The bidder has attached all applicable forms. 11. The City reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: ___________________________________________ DATE: ____/____/____ Name and Title Page 39 of 378 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers’ representative of the contractor’s commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City’s Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City’s Affirmative Action Program – Contract Compliance Provisions relative to Resolution No. 24664 6. In the event of the contractor’s non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City’s Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. Page 40 of 378 Equal Opportunity Clause Continued: 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: ___________________________________ Appropriate Official ____________________________________ Title ____________________________________ Date Page 41 of 378 DRAFT EXHIBIT “B” 2026-2028 Residential/Miscellaneous Areas Snow Removal Contract This Contract for Snow removal (the “Contract”) is made and entered into on November 2, 2026, by and between the City of Waterloo, Iowa (the “City”), and ___________________ (the “Contractor”). The term of the Contract shall be from November 16, 2026 through April 15, 2028. 1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform all work required for the Contract work as described in the Specifications for $________ per property per occurrence. The Contractor has been provided the current list of properties requiring snow removal under this Contract, however the list of properties may fluctuate as the City acquires or sells properties. 2. The Contract Documents shall consist of the following: a) This Contract b) Request for Bid c) Notice of Hearing and Notice to Bidders d) Signed Response (Bid) from Contractor These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the document in the order set forth above that first addresses the issue or provision in question shall govern. 3. The Contractor agrees to commence the work within twenty-four (24) hours after the City issues a “Notice to Proceed” and to complete the work within the given time frame. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a) Contractors will abide by ordinance section 7-1-2(B)(1). Contractors will not be permitted to transfer snow onto or across any city street or alley. In the event snow is transferred into the street, it shall be removed by the Contractor. b) In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation, the Contractor will be required to go back to the property at no additional cost to the City. c) During snow removal the sidewalks will be cleared the width of the sidewalk and to the concrete unless ice prevents such removal. In the event the ice is unable to be removed the Contractor will be required to lay down sand, salt, or a mixture of both. 4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness. 5. Except as to any negligence of City, its officials, officers, employees or agents in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys’ fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the work contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor’s operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. Page 42 of 378 6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor’s expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. 8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work included on an invoice for which all services have been delivered or accepted. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third-party claims filed or reasonable evidence that a claim will be filed, or other reasonable cause. 9. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor, then City may declare that Contractor is in default hereunder and may terminate this Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this Contract upon seven (7) days’ advance written notice. In the event of termination, the Contractor shall be compensated for all necessary services performed through the termination date. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys’ fees and expenses incurred by City. 10. In addition to paragraph 9 above, this Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time without cause by delivering to Contractor twenty-one (21) days’ advance written notice of termination. 11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of City. 12. Because time is of great importance when completing snow removal, the Contractor must notify the City of Waterloo at least two (2) weeks in advance including who will be filling in for them for any planned time off. 13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States Post Office registered or certified mail, postage prepaid and addressed: City Contractor City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: Planning Department 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 as stated above. Page 43 of 378 14. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. Contractor is an independent Contractor. 15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of each. 16. In the event any provision of this Contract is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except by the mutual written agreement of the parties. 18. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor as set forth above and as provided in the Contract Documents. 19. CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY 8:00 A.M. TO 5:00 P.M. during the term of this Contract. IN WITNESS WHEREOF, the parties have executed this Contract for Snow Removal by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: ______________________________ ____________________________ Quentin Hart - Mayor Authorized Representative Attest: ______________________________ Kelly Felchle -City Clerk Page 44 of 378 STATEMENT OF BIDDER’S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $_____________________________________________________. 15. Give Bank reference: ___________________________________________________ 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? ___________ 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder’s Qualifications. Dated this _________________ day of _______________________________, 20_____. Name of Bidder By: _____________________________________ Title:_____________________________________ Page 45 of 378 State of ________________) ) ss County of _______________) _________________________________________________________, being duly sworn deposes and says that she/he is __________________________________________________ of ___________________________________________________________________________. Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this ___day of ______________________, 20______. _____________________________________________. Notary Public My commission expires ____________________________, 20_____. Page 46 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution setting date of the public hearing as October 19, 2026, to authorize the sale and conveyance of 8.95 acres of city-owned property located on Lot 9 of Waterloo Air and Rail Park in the amount of $88,501.00, including approval of a Development Agreement for the construction of a 50,400 square-foot warehouse with rebates for ten-years at fifty percent and a Minimum Assessment Agreement with Aline EDS, in the amount of $3,750,000.00, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION A-Line EDS is proposing to build a 50,400 square foot warehouse building similar to the one at 130 Warp Drive on a portion of Lot 9 in the Waterloo Air and Rail Park 4th Addition. They are requesting to purchase an additional 2.95 acres from the City for $30,000 an acre for outside storage. The Development Agreement will give them an option on the remaining 6 acres of the site for a period of 3 years, if they build a phase 2 50,400 square foot building. NEIGHBORHOOD IMPACT The request will have a positive impact on the area by continuing the industrial development of the Waterloo Air and Rail Park. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing will be held. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 47 of 378 LEGAL DESCRIPTION Lot 9 of the Waterloo Air and Rail Park 4th Addition, City of Waterloo, Black Hawk County, Iowa. Further described as: Phase 1 Purchase Area described as: The West 600 feet of Lot 9 of the Waterloo Air and Rail Park 4th Addition, City of Waterloo, Black Hawk County, Iowa. Phase 2 Right of First Refusal Area described as: Lot 9, except the west 600 feet, Waterloo Air and Rail Park 4th Addition, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Exhibit C Aline EDS 15 acre site plan 2. Development Agreement - Aline EDS (WARP) v2 Page 48 of 378 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Waterloo Air and Rail Park Waterloo, Iowa Site Location ^_o£¤20 §¨¦380 £¤63 £¤63 £¤218 £¤218 §¨¦380£¤20 ® 0 130 26065 Feet Sites 6.18 Acres 50,400 Sq Ft Building Expansion 7-17-26 8.95 Acres Original Site Page 49 of 378 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!Waterloo Air and Rail Park Waterloo, Iowa Site Location ^_o£¤20 §¨¦380 £¤63 £¤63 £¤218 £¤218 §¨¦380£¤20 ® 0 130 26065 Feet Sites 6.18 Acres 50,400 Sq Ft Building Expansion 7-17-26 8.95 Acres Original Site Page 50 of 378 Prepared By: Austin J. McMahon, McMahon Law Office, PLC, 3356 Kimball Ave, Waterloo, IA (319) 266-5743 Return to: Planning and Zoning, City of Waterloo, Second Floor of 715 Mulberry Street, Waterloo, IA 50703 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of this _____ day of __________________, 202__, by and between A-Line EDS, Inc. (the “Company”) and the City of Waterloo, Iowa (the “City”). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the “Urban Renewal Act”), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area (“Urban Renewal Area”). B. Company is willing and able to finance development and improvements on the real property shown in Exhibit A (the “Property”), which is located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, 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. Page 51 of 378 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 west 8.95 acres of the Property to Company in its as-is condition for the sum of $88,500.00. (the "Purchase Price"). 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 sending 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 for conducting its own due diligence and inspections. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. Closing shall occur on a mutually agreed upon date or otherwise within a reasonable period of time. Company shall be responsible for costs or fees for recording. 2. Company’s Right of First Refusal. As set forth herein, for a period of three (3) years from the date of this Agreement, Company shall have a right of first refusal to purchase the remaining part of the Property not conveyed to Company under Section 1 (the “ROFR Property”). If the City solicits or receives a bona fide third-party offer to purchase all or part of the ROFR Property, then the City shall provide written notice of the same to Company within thirty (30) days of the City’s receipt of the offer. Company shall have fifteen (15) days thereafter to provide written notice to the City that it will purchase the ROFR Property. As a condition to the exercise of this Right of First Refusal, Company agrees to enter into a Development Agreement on terms similar to those contained in this Agreement and further agrees to enter into a Minimum Assessment Agreement in connection with the same. 3. Improvements by Company. On that part of the Property conveyed to Company under Section 1, Company shall construct on a 50,400 square foot commercial building, together with related and incidental site improvements or features, such as landscaping, water detention, paving, parking, and signage (collectively, the "Improvements"). 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." Company agrees that the Project, including the Improvements, shall be completed in accordance with this Agreement, the applicable urban renewal plan, all applicable City ordinances, and all federal, state, and local laws, regulations, codes, and permitting requirements. City may require that Company submit specific building designs and site plans for City's Page 52 of 378 review and reasonable approval. Company shall diligently pursue and timely obtain, or cause to be obtained, all permits, licenses, approvals, inspections, and authorizations necessary for the lawful construction, completion, and occupancy of the Project, and shall timely satisfy all conditions and requirements imposed by applicable governmental authorities, including final permit and inspection approvals. 4. 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, as shown in Exhibit C. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the “Modified Plans”) to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide construction 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. Page 53 of 378 5. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. A. Deadlines to Commence and Complete. Company must obtain all required permits or licenses and begin construction of the Improvements within four (4) months from the date that the City conveys the Property to Company (the “Commencement Date”). Company must Substantially Complete the Project, including the Improvements, within fourteen (14) months from the date of conveyance (the “Completion Deadline”). For purposes of this Agreement, “Substantially Completed” means the date on which the Project, including the Improvements, has 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 is necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as described 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 the Improvements. Any additional or longer extensions will require approval and consent of the City Council. B. Events Triggering Termination and/or Reverter of Title. If Company does not commence or does not Substantially Complete the Project, including construction of the Improvements, in accordance with the deadlines stated above, then, subject to Unavoidable Delays, then City may terminate this Agreement as set forth elsewhere in this Agreement, and City shall then have no further obligation to Company under this Agreement. If construction has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of extreme weather such as ice, ground freezing, and other conditions that restrict construction, as well as an Act of God, war, civil disturbance, court order, labor dispute, fire, pandemic, governmental mandates (local, state or federal), delays in City approvals, or other cause beyond the reasonable control of Company (each an “Unavoidable Delay”), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement, 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 reimbursement of any sums paid to or for the benefit of Company in connection with the Project, in addition to exercising any other available remedies. 6. Reverter of Title; Indemnity. If City terminates this Agreement, then Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge Page 54 of 378 or satisfy, all Liens on or against the Property conveyed back to City. In connection with any reverter of title, Company shall not be entitled to, or otherwise recover any amounts paid to City to acquire property or other amounts it expended for the Improvements, Project, or other activities. 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 or other documents required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. The foregoing indemnity shall include the cost of removing any improvements constructed by Company and reverting the Property to substantially the same condition as of the date of conveyance. 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. 7. 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. 8. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property. 9. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the '”MAA”') attached hereto as Exhibit “B'” it will not seek or cause a reduction in the taxable value for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $3,750,000.00 (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 Page 55 of 378 (c) any proceedings, whether 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. 10. Tax Rebates. Provided that Company has completed Substantially Completed the Project before the Completion Deadline, and subject to the other terms of this Agreement, including any extensions for Substantial Completion, City agrees to rebate property taxes paid by Company (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year 10: 50% rebate each year for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the initial base value of $84,740.00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the “March Installment”), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. 11. 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 Page 56 of 378 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. 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 or 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 11 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 circumstances, 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 this Agreement, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, “Tax Increments” shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code§ 403.19 and the ordinance governing the Urban Renewal Plan. 12. 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 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, may be subject to the completion and satisfaction of certain separate city council actions and Page 57 of 378 required legal proceedings relating to the relevant tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company and in this Agreement 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. 13. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. However, in no event shall Company be required to submit a report more frequently than once every thirty (30) day period. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the MAA termination date Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, Page 58 of 378 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. Until the MAA termination date, 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 exemption, 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, except to the extent expressly authorized under this Agreement. 14. 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. 15. 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 Page 59 of 378 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 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 any contractual restriction, evidence of indebtedness agreement or instrument of whatever nature to which 'Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. F. The financing commitments, which Company will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Company to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. 16. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties'') from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the 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 Page 60 of 378 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 conditions of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 17. 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 90 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 90-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. 18. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. Notwithstanding the foregoing, (a) Company may assign the Property to an affiliate of Company without prior approval of City provided (i) the assignee assumes the obligations of Company under this Agreement, (ii) the assignee shall receive all Rebates payable as of and after the date of assignment, and (iii) Company provides written notice of assignment to City within five (5) business days after execution of assignment and (b) Company may mortgage the Property to a lender as security for financing of Project improvements, but for no other purpose. 19. 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 except as security for financing of Improvements or the Project; Page 61 of 378 C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 20. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement upon a 30-day written notice. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for the recovery of any sums paid by City to Company before the date of termination and/or to recover ownership of the Property as set forth in this Agreement. The remedies available to City under this Agreement shall be cumulative and in addition to any other right or remedy available to City at law or equity. No waiver of any Default, nor any delay or failure in exercising any right or remedy, shall constitute a waiver of any other or subsequent Default or impair the exercise of any of the City’s rights or remedies. The rights and remedies of City shall survive termination of 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. Page 62 of 378 21. 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. 22. 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 ln 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. 23. 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. 24. Notices. 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, and addressed: (a) If to City, 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) If to Company, Brad Stroh, 808 Dearborn Avenue, Waterloo, Iowa 50703. Delivery of notice shall be deemed completed upon: (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 or electronic mail so long as the sender obtains electronic confirmation that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 25. 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. Page 63 of 378 26. 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. 27. 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. 28. 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. 29. 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. 30. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 31. Counterparts. This 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. 32. 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. 33. 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 set forth above. [signatures on next page] Page 64 of 378 Page 65 of 378 CITY OF WATERLOO, IOWA A-LINE EDS, INC. By: ___________________________ By: ______________________________ David Boesen, Mayor Attest: ___________________________ Name: _____ Kelley Felchle, City Clerk Title: Page 66 of 378 EXHIBIT A Legal Description Lot 9 of the Waterloo Air and Rail Park 4th Addition City of Waterloo, Black Hawk County, Iowa. Further described as Phase 1 Purchase Area described as The West 600 feet of Lot 9 of the Waterloo Air and Rail Park 4th Addition, City of Waterloo, Black Hawk County, Iowa. Phase 2 Right of First Refusal Area described as Lot 9, except the west 600 feet, Waterloo Air and Rail Park 4th Addition, City of Waterloo, Black Hawk County, Iowa. Page 67 of 378 EXHIBIT B MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the “Agreement”) is entered into as of this __________ day of ____________________, 202___, and among the CITY OF WATERLOO, IOWA (“City”) and A-LINE EDS, INC. (“Company”), and the COUNTY ASSESSOR of the BLACK HAWK COUNTY, 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 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 $3,750,000.00 (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, 2027, 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, 2039. The Minimum Actual Value shall be maintained during such period regardless of: (a) any Page 68 of 378 failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code§ 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax exemption, 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, except as expressly authorized by the terms of the Development Agreement; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or Page 69 of 378 (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 det forth above. [signatures on next page] Page 70 of 378 CITY OF WATERLOO, IOWA A-LINE EDS, INC. By: ___________________________ By: ______________________________ David Boesen, Mayor Attest: ___________________________ Name: _____ Kelley Felchle, City Clerk Title: STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this _____ day of __________________, 202__, before me, a notary public in and for the State of Iowa, personally appeared David Boesen 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 ____________________ ) ) ss. COUNTY OF __________________ ) Subscribed and sworn before me on ________, by _____________________________ as _______________________ (title) of A-Line EDS, Inc. _________________________________ Notary Public Page 71 of 378 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 Seven Hundred Fifty Thousand and 00/ 100 Dollars ($3,750,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. ___________________________ _________________________________ Date Assessor for Black Hawk County, Iowa STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on___________________________________ by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. ______________________________ Notary Public Page 72 of 378 EXHIBIT C Project Plans / Drawings See appended plans or drawings identified or designated as “Exhibit C.” Page 73 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution setting date of public hearing as October 19, 2026, for a request by Salih Vejzovic for a Site Plan Amendment to change the conditions of zoning to allow for a car lot in the “C-2,C-Z” Conditional Zoning District at the NW corner of Conger Street and Fairview Avenue, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval (of consent resolution to set date of hearing) SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to change the original Conditions of Zoning to allow for a car sales lot at the northwest corner of Conger Street and Fairview Avenue. The property in question was originally zoned “R-2” One and Two Family Residence District from the adoption of the Zoning Ordinance until being rezoned to “C-2,C-Z” Conditional Zoning District on October 9, 1995, by Ordinance 4131. That rezoning was to allow for a home-based landscaping business that was operated out of a home at 717 Fairview Avenue at the time. The conditions of zoning at the time clearly stated that no other commercial uses would be allowed on the properties in question. The property was then sold in 2002 but was never rezoned back to residential, but there is no indication of any further commercial use. 717 Fairview Avenue was then acquired by the City of Waterloo, and the house was demolished in 2017, but the City of Waterloo only owns the northerly of the 3 vacant lots. The other two vacant lots were sold through the tax sale system. Staff has concerns about this request in that the use is not compatible with the area, as it is surrounded by residential, except for a former railroad-served industrial building that is now being used as a storage facility to the southwest. In addition, the applicant only owns the southern corner lot, which is only 7,670 square feet, which is very small for a car lot, with the middle lot being owned by a person in South Salt Lake City, Utah, and the northern lot owned by the City of Waterloo. The applicant is showing a 16’ X 32’ building being built on the northwest corner of the lot. However, it should be noted that the Iowa Department of Transportation requires a service bay with an overhead Page 74 of 378 door for an area capable of servicing vehicles in addition to office space, which makes the lot size seem questionable. The site may also require a stormwater detention plan, and there are concerns that the property will not have enough room for stormwater detention with the required hard surfacing and the building, leaving room for both display vehicles and employee/customer parking. NEIGHBORHOOD IMPACT The request would appear to have a negative impact on the neighborhood, as it would not appear to be a compatible use, and could cause impacts on traffic to the neighborhood. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming, and Zoning Commission at its September 1, 2026 meeting, with the Commission voting 7-0 to recommend denial of the request. Notice was sent to property owners within 250 feet, and 3 people spoke against the request. Staff is also recommending that the rezone request (following the hearing) be denied. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION A part of the Northeast Quarter of the Northwest Quarter of Section 23, Township 89 North, Range 13 West of the 5th P.M., in Black Hawk County, Iowa described as follows: Beginning at a point 66 feet West of the Southwest corner of Lot 24 in Block 4 of Ricker and Bratnober Land Company Addition to the City of Waterloo, Iowa, which point of commencement is 33 feet West and 301 feet South of the Northeast corner of the Northwest Quarter of said Section 23, thence running West 130 feet; thence North 58 feet 8 inches; thence East 130 feet, thence South 58 feet 8 inches to point of beginning. ATTACHMENTS 1. Staff Report - Conger & Fairview Page 75 of 378 TO: Planning, Programming, and Zoning Commission PREPARER: John Dornoff, Planner II PZ MEETING DATE: July 14, 2026 REQUEST: Site Plan Amendment to change the Conditions of Zoning to allow for a car lot in the “C-2,C-Z” Conditional Zoning District APPLICANT: Salih Vejzovic LOCATION: NW Corner of Fairview Avenue and Conger Street. SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: The request to change the conditions of zoning of the property would appear to have a negative impact on the surrounding area, as the area is largely residential and a car lot does not fit in with the residential character of the area. Page 76 of 378 VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: The proposed rezone would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area, although a car lot could have a significant impact on traffic in the area. The site is served by Fairway View Avenue, which is classified as a local street, and Conger Street, which is classified as a Minor Arterial. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: The Cedar Valley Lakes Trail is located 0.267 miles to the southwest. There are sidewalks on the north side of Conger Street and both sides of Fairview Avenue. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area in question has been zoned “C-2,C-Z” Conditional Zoning District since being rezoned from “R-2” One and Two Family Residence District on October 9, 1995, by Ordinance 4131. Surrounding land uses and their zoning designations are as follows: North – Vacant lots and residential zoned “C-2,C-Z” Conditional Zoning District and “R-2” One and Two Family Residence District. Page 77 of 378 South – Conger Street, Open space, Fairview Cemetery, Industrial, and Residential zoned “R-2” One and Two Family Residence District and “M-1” Light Industrial District. East – Fairview Avenue and residential zoned “R-2” One and Two Family Residence District. West – Residential zoned “R-2” One and Two Family Residence District. DEVELOPMENT HISTORY: Residential built between 1906 and 1951, and an industrial building built in 1915. PUBLIC /OPEN SPACES/ SCHOOLS: Lincoln Elementary School is located 0.922 miles to the northwest, George Washington Carver Academy is located 0.77 miles to the northeast, and East High School is located 1.20 miles to the southeast. FLOODPLAIN: The property is located within Zone X – Protected by Levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 C0188F, dated July 18, 2011. Page 78 of 378 DRAINAGE: The proposed request would not appear to have a negative impact upon drainage in the area. If approved, the applicant needs to submit a drainage plan to Engineering. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. There are 12-inch storm sewers located in both Fairway Avenue and Conger Street. There is an 8-inch sanitary sewer line in Fairview Avenue and a 36-inch sanitary sewer in Conger Street. There are water mains in both Fairway Avenue south of Conger Street and in Conger Street. There are overhead power lines located on the south side of Conger Street and the east side of Fairview Avenue. Page 79 of 378 STAFF ANALYSIS – ZONING ORDINANCE The request would not meet the requirements of the Zoning Ordinance. STAFF ANALYSIS – SUBDIVISION ORDINANCE The applicants are not proposing to split the lot. TECH REVIEW AND UPDATES: During Tech Review, it was noted by Engineering that, given the number of impervious surfaces required by the request, a stormwater plan may be required. PLANNING, PROGRAMMING, AND ZONING COMMISSION: The Planning, Programming, and Zoning Commission voted 7- 0 to recommend denial of the request at their September 1, 2026 meeting. Page 80 of 378 Picture 1: Looking west from Fairview Avenue at the property in question. Picture 2: Looking northwest from Fairview Avenue at the two empty lots to the north of the property in question. Page 81 of 378 Picture 3: Looking at residences north of the property in question. Picture 4: Looking east from the alley toward the intersection of Fairway Avenue and Conger Street. Page 82 of 378 Picture 5: Proposed building. Picture 6: Interior of building. Page 83 of 378 RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The Future Land Use Map designates this area as Low- Density Residential. The request would not be in conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS – SITE ANALYSIS: The applicant is requesting to change the original Conditions of Zoning to allow for a car sales lot at the northwest corner of Conger Street and Fairway Avenue. The property in question was originally zoned “R-2” One and Two Family Residence District from the adoption of the Zoning Ordinance until being rezoned to “C-2,C-Z” Conditional Zoning District on October 9, 1995, by Ordinance 4131. That rezoning was to allow for a home-based landscaping business that was operated out of a home at 717 Fairview Avenue at the time. The conditions of zoning at the time clearly stated that no other commercial uses would be allowed on the properties in question. The property was then sold in 2002 but was never rezoned back to residential, but there is no indication of any further commercial use. 717 Fairview Avenue was then acquired by the City of Waterloo, and the house was demolished in 2017, but the City of Waterloo only owns the northerly of the 3 vacant Page 84 of 378 lots. The other two vacant lots were sold through the tax sale system. Staff has concerns about this application in that the use is not compatible with the area, as it is surrounded by residential except for a former railroad-served industrial building that is now being used as a storage facility to the southwest. In addition, the applicant only owns the southern corner lot, which is only 7,670 square feet, which is very small for a car lot, with the middle lot being owned by a person in South Salt Lake City, Utah, and the northern lot owned by the City of Waterloo. The applicant is showing a 16’ X 32’ building being installed on the northwest corner of the lot. However, it should be noted that the Iowa Department of Transportation requires a service bay with a roll-up door in addition to the office space, which makes the size seem even smaller. The site may also require a stormwater detention plan, and there are concerns that the property will not have enough room for stormwater detention with the required hard surfacing and the building. STAFF RECOMMENDATION: Therefore, staff recommends that the request by Salih Vejzovic for a Site Plan Amendment to change the Conditions of Zoning to allow for a car lot in the “C-2,C-Z” Conditional Zoning District be denied for the following reasons: 1. The request would appear to have a negative impact on the neighborhood being surrounded by single-family homes. 2. The request would not be in conformance with the Future Land Use Map and Comprehensive Plan. 3. The original Conditions of Zoning clearly stated that no other commercial businesses besides the original landscaping business is allowed on the site. Page 85 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution setting date of public hearing as October 19, 2026, to approve a request by Heinhold Hog Markets, LLC, for a Site Plan Amendment, to amend a previously approved site plan for the construction of a 21,640 square-foot hog holding facility in the "M-2,P" Planned Industrial District located south of 720 North Elk Run Road, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted Resolution setting the date of public hearing as October 19, 2026, for a site plan amendment to amend a previously approved site plan by Heinhold Hog Markets, LLC, for the construction of a 21,640 square foot hog holding facility in the "M-2,P" Planned Industrial District located south of 720 North Elk Run Road, and authorize the City Clerk to publish notice. A site plan was approved in 2018 that showed a 12,735 square foot building, and this new building will be 8,905 square feet larger than what was approved, and the gravel area is increasing by 52,784 square feet. Due to the increase in size, this is considered a major change in the approved site plan and a new full review process is needed. NEIGHBORHOOD IMPACT The new facility will not negatively impact the surrounding area that is predominately industrial. It is also directly across the street from Tyson Fresh Meats. DATA, ANALYSIS, AND STRATEGIES Land use and Economic Development. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The Planning and Zoning Commission will hear this request at the October 13, 2026 meeting before the public hearing at City Council. Staff is recommending approval of the request. SOURCE OF EXPENDITURES Page 86 of 378 N/A ALTERNATIVE ACTION LEGAL DESCRIPTION A part of the Northwest Quarter of Section 22, Township 89 North, Range 12 West of the Fifth Principal Meridian in Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of said Northwest Quarter; thence North 1,029 feet; thence East 451 feet; thence South 60 feet; thence East 130 feet; thence South 60 feet; thence East 165 feet; thence South 207 feet; thence S00°07'14"E 570.35 feet; thence S81°02'06"W 255.19 feet; thence S00°00'33"E 94.32 feet to the South line of said Northwest Quarter; thence N89°43'02"W 495.15 feet to the point of beginning; except those parts thereof conveyed to Black Hawk County in 94 LD 349 and 497 Deeds 105 and conveyed to the City of Waterloo, Iowa in 559 LD 685. Subject to any easements and restrictions of record. ATTACHMENTS 1. Building Plans 2. Site Plan Page 87 of 378 20,560 S.F. BUILDING 1,080 S.F. OFFICE PROJECT NO. DATETHIS DOCUMENT IS AN INSTRUMENT OFSERVICE AND IS THE PROPERTY OFJosephArchitecturalGroup AND MAY NOT BEUSED OR REPRODUCED WITHOUT PRIORWRITTEN CONSENT.c 2016 JosephArchitecturalGroup,PCAll rights reservedREVISIONS1234JOSEPH ARCHITECTURAL GROUP, P.C.4510 42nd AvenueRock Island, IL 61201Phone: 309 786-9920 Fax: 309-786-9924jag-architects.comSITE PLAN #02326 16 August 2026 A0Construction Documents for:Watreloo, Iowa1" = 60'-0"1 Site Waterloo, Iowa INDEX OF DRAWINGS A0 SITE PLAN A1 BUILDING PLAN A2 EXTERIOR ELEVATIONS A3 SCHEDULES S0 STRUCTURAL NOTES S1 FOUNDATION PLAN S2 FOUNDATION DETAILS S3 FOUNDATION DETAILS GENERAL NOTES 1. ALL WORK SHALL CONFORM TO FEDERAL, STATE AND LOCAL LAWS, CODES AND ORDINANCES THAT APPLY TO THIS CLASS OF WORK. 2. THE GENERAL CONTRACTOR SHALL OBTAIN AND PAY FOR THE BUILDING PERMIT. 3. THE GENERAL CONTRACTOR SHALL COOPERATE WITH THE ARCHITECT, OWNER AND OTHER CONTRACTORS IN PERFORMING THE WORK IN THE ENTIRE PROJECT. 4. THE GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE CONSTRUCTION, SHALL COORDINATE AND ORGANIZE PROJECT PROGRESS MEETINGS, SHALL DISTRIBUTE SHOP DRAWINGS FOR APPROVAL, ETC. AND PERFORM ALL OTHER SERVICES RELATING TO THE DRAWINGS AND SPECIFICATIONS AS SHOWN AND CALLED FOR. 5. ALL ITEMS AND MATERIALS INDICATED ON THE DRAWINGS OR REQUIRED FOR A COMPLETE INSTALLATION BUT NOT HEREIN SPECIFIED SHALL BE FURNISHED AND INSTALLED IN STRICT COMPLIANCE WITH MANUFACTURER'S RECOMMENDATIONS. 6. THE GENERAL CONTRACTOR SHALL PROVIDE WOOD BLOCKING IN WALLS AS REQUIRED FOR ALL MOUNTED EQUIPMENT, ACCESSORIES, FIXTURES, ETC. 7. PATCH AND REPAIR ALL WALLS, CEILINGS, FLOORS, ETC. DAMAGED PRIOR TO OWNER MOVE-IN. FINAL CLEANING INCLUDING: REMOVAL OF LABELS, CLEANING TRANSPARENT MATERIALS, EXPOSED SURFACES TO BE FREE OF DUST, STAINS, FILMS AND FOREIGN SUBSTANCES, VACUUMED CARPETS, CLEANED PLUMBING AND ELECTRICAL FIXTURES AND A CLEAN SITE SHALL BE PERFORMED PRIOR TO INSPECTION FOR CERTIFICATE OF SUBSTANTIAL COMPLETION 8. ALL TIMBER USED SHALL BE AS SPECIFIED UNDER THE STRUCTURAL SPECIFICATIONS. ALL LUMBER USED AT ROOF OR IN CONTACT WITH CONCRETE OR MASONRY SHALL BE PRESSURE TREATED IN ACCORDANCE WITH AWPB STD. LF-2. 9. ALL CUTTING AND PATCHING SHALL BE DONE IN A NEAT AND WORKMANLIKE MANNER BY MECHANICS SKILLED IN THE VARIOUS TRADES INVOLVED. NO EXCESSIVE CUTTING WILL BE PERMITTED, NOR SHALL ANY STRUCTURAL MEMBER BE CUT WITHOUT THE CONSENT OF THE STRUCTURAL ENGINEER. 10. ALL EXIT DISCHARGE SHALL BE ILLUMINATED AT ALL EXIT DISCHARGE LOCATIONS. 11. TACTILE EXIT SIGNS SHALL BE PROVIDED AS REQUIRED AT APPROPRIATE LOCATIONS. 12. PROVIDE ALL REQUIRED SIGNAGE FOR ALL ACCESSIBLE ELEMENTS INCLUDING BUT NOT LIMITED TO: PARKING, TOILETS, ENTRANCES, ETC. 13. ALL MECHANICAL, ELECTRICAL & PLUMBING WORK SHALL COMPLY WITH FEDERAL, STATE AND LOCAL CODES. 14. EACH CONTRACTOR IS RESPONSIBLE FOR ANY FEES, TAPS, AND PERMITS NECESSARY FOR THEIR PARTICULAR WORK. 15. ANY ADDITIONAL DRAWINGS, DIAGRAMS, DETAILS, ENGINEERING STAMPS, ETC. REQUIRED TO OBTAIN MECHANICAL, ELECTRICAL OR PLUMBING PERMIT IS UP TO THE INDIVIDUAL CONTRACTOR. 16. WORK TO INCLUDE ANY AND ALL FINAL CONNECTIONS TO EQUIPMENT, INCLUDING EQUIPMENT FURNISHED BY OTHERS. 17. POST ADDRESS ON BUILDING PER CITY CODE COMMON ABBREVIATIONS A.C. ASPH. B.O. C.L. C.T. CONC. CPT. EXIST. F.E. F.F.E. FTG. GYP. BD. N.I.C. N.T.S. P. LAM. TYP. T.O. U.N.O. V.C.T. V.I.F. V.W.C. A.F.F. ACRE ASPHALT BOTTOM OF... CENTER LINE CERAMIC TILE CONCRETE CARPET EXISTING FIRE EXTINGUISHER FINISH FLOOR ELEVATION FOOTING GYPSUM BOARD NOT IN CONTRACT NOT TO SCALE PLASTIC LAMINATE TYPICAL TOP OF... UNLESS NOTED OTHERWISE VINYL COMPOSITION TILE VERIFY IN FIELD VINYL WALL COVERING ABOVE FINISH FLOOR PT.PAINT P.F.PREFINISHED H.M.HOLLOW METAL ALUM.ALUMINUM S.C.SOLID CORE PROJECT DIRECTORY Street Address North Elk Run Road Waterloo, Iowa 50703 Architect Joseph Architectural Group, P.C. 4510 42nd Avenue Rock Island, Illinois 61201 Joseph A. Gusse (309) 786-9920 joseph@jag-architects.com Contractor American Eagle Buildings, Inc 405 N East Street Annawan, Illinois 61234 Jeff Farmer (309) 935-6201 Local Jurisdiction City of Waterloo, IA Waterloo Building Department 715 Mulberry Street Waterloo, Iowa 50703 (319) 291-4319 CODE DATA 2021 IBC APPLICABLE CODES 1. 2021 International Building Code 2. 2021 International Fire Code 3. 2024 International Mechanical Code 4. 2021 Uniform Plumbing Code 5. 2020 National Electrical Code 6. 2021 International Property Maintenance Code PROJECT DESCRIPTION: 1 story, 20,560 SF, new construction livestock building, 1,080 SF Office CONSTRUCTION TYPE: Type 3-B -not rated, wood & steel frame building OCCUPANCY GROUP: B -Offices U -Livestock Shelter ALLOWABLE BUILDING SIZE: Group B -55 feet high (Table 504.3), 3 stories (Table 504.4), 19,000 S.F. (Table 506.2) Group U -55 feet high (Table 504.3), 2 story (Table 504.4), 8,500 S.F. (Table 506.2) AREA INCREASE: Table 506.3.3.1 Section 507 -100% 60'-0" or greater = 1.5 times 8,500 square feet AUTOMATIC SPRINKLER SYSTEM: Not provided MINIMUM EXITS REQUIRED: (2) 3'-0" wide (32" clear width) egress doors (Table 1006.3.1) EXITS PROVIDED: See plans DOOR SWING AT EXITS: Doors to swing in direction of egress travel EXIT SEPARATION: Exit access doors must be separated by a distance of at least one-half (1/2) the maximum overall diagonal dimension of the building or area served, measured in a straight line. TRAVEL DISTANCE: 200 feet travel distance (Table 1017.2) EMERGENCY & EXIT LIGHTS: Provided at all exits with battery back up lit path to public way (inside & outside), see Electrical FIRE EXTINGUISHERS: Medium hazard (1 per 3,000 S.F. maximum) Table 906.3(1) verify tenant build-out 5 LB. -2A10BC extinguishers -verify with fire marshal for locations 75 feet maximum travel distance to extinguisher HANDICAP ACCESSIBLE BUILDING: Per IBC chapter 11 Page 88 of 378 10 AA DD 3A 40'-0"230'-0"30'-0"26'-0"29'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"30'-0" 270'-0" 20'-0"20'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"30'-0" 7 98465321 CC B PEN WALL (TYPICAL) 2A 26'-0"54'-0"36'-0"7'-0"12'-0"x 14'-0" OVERHEAD10'-0"x 14'-0" OVERHEAD 8'-0"x 10'-0" OVERHEAD 3'-0"x 7'-0" SINGLE 12'-0"x 14'-0" OVERHEAD3'-0"x 7'-0" SINGLE3'-0"x 7'-0" SINGLE 3'-0"x 7'-0" SINGLE 5'-0"x 4'-0" FIXED WINDOW 5'-0"x 4'-0" FIXED WINDOW3'-0"x 7'-0" SINGLE 3'-0"x 7'-0" SINGLE 3'-0"x 7'-0" SINGLE3'-0"x 7'-0" SINGLE2'-6"x 7'-0" SHOOT 2'-6"x 7'-0" SHOOT 2'-6"x 7'-0" SHOOT 35'-0"11'-9"33'-3"5'-0"22'-0"3'-0"19'-0"35'-0"14'-0"12'-0"7'-0"7'-0" 10'-0"100'-0"15'-0"2'-1"20'-10"21'-2"8'-0"16'-3"11'-2"5'-0"8'-0"8'-6"4'-0" 50'-0"110'-0"5'-0"105'-0"1'-4"24'-8"29'-0"23'-8"1'-4"C1 D1 A1 PROJECT NO. DATETHIS DOCUMENT IS AN INSTRUMENT OFSERVICE AND IS THE PROPERTY OFJosephArchitecturalGroup AND MAY NOT BEUSED OR REPRODUCED WITHOUT PRIORWRITTEN CONSENT.c 2016 JosephArchitecturalGroup,PCAll rights reservedREVISIONS1234JOSEPH ARCHITECTURAL GROUP, P.C.4510 42nd AvenueRock Island, IL 61201Phone: 309 786-9920 Fax: 309-786-9924jag-architects.comBUILDING PLAN #02326 16 August 2026 A1Construction Documents for:Watreloo, Iowa1" = 10'-0"1 First Floor Page 89 of 378 First Floor 0' -0" 10 T.O. FOOTING -2' -6" METAL ROOFING (TYP.) METAL WALL PANELS CONTINUOUS CONCRETE FOUNDATION AND FOOTING EXTEND CONCRETE FOUNDATION 45" ABOVE FINISHED FLOOR LEVEL 3A Eave 14' -0" 798 465 3 2 1 OPENINGS TO BE COVERED W/ CURTAIN SYSTEM 2A EXTEND CONCRETE FOUNDATION 120" ABOVE FINISHED FLOOR LEVEL First Floor 0' -0" 10 T.O. FOOTING -2' -6" 3A Eave 14' -0" 7 98465321 METAL ROOFING (TYP.) METAL WALL PANELS CONTINUOUS CONCRETE FOUNDATION AND FOOTING EXTEND CONCRETE FOUNDATION 45" ABOVE FINISHED FLOOR LEVEL OPENING TO BE COVERED W/ CURTAIN SYSTEM 2A 4" DOCK BUMPER ON 4" THICKENED CONCRETE FOUNDATION WALL First Floor 0' -0" T.O. FOOTING -2' -6" AD Eave 14' -0" C B METAL ROOFING (TYP.) METAL WALL PANELS CONTINUOUS CONCRETE FOUNDATION & FOOTING METAL GUTTER & DOWNSPOUTS EXTEND CONCRETE FOUNDATION 45" ABOVE FINISHED FLOOR LEVEL D1A1 First Floor 0' -0" T.O. FOOTING -2' -6" A D Eave 14' -0" CC1 EXTEND CONCRETE FOUNDATION 45" ABOVE FINISHED FLOOR LEVEL EXTEND CONCRETE FOUNDATION 120" ABOVE FINISHED FLOOR LEVEL D1 A1 PROJECT NO. DATETHIS DOCUMENT IS AN INSTRUMENT OFSERVICE AND IS THE PROPERTY OFJosephArchitecturalGroup AND MAY NOT BEUSED OR REPRODUCED WITHOUT PRIORWRITTEN CONSENT.c 2016 JosephArchitecturalGroup,PCAll rights reservedREVISIONS1234JOSEPH ARCHITECTURAL GROUP, P.C.4510 42nd AvenueRock Island, IL 61201Phone: 309 786-9920 Fax: 309-786-9924jag-architects.comEXTERIOR ELEVATIONS #02326 16 August 2026 A2Construction Documents for:Watreloo, Iowa1" = 10'-0"1 West Elevation 1" = 10'-0"2 East Elevation 1" = 10'-0"3 North Elevation 1" = 10'-0"4 South Elevation 5/7/12 (JG) -ADD WASHBAYPage 90 of 378 2"SEE SCHEDULE2"SEE SCHED.2" HOLLOW METAL F-1SEE SCHEDULESEE SCHED. INSULATED METAL OR SOLID CORE WOOD A SEE SCHEDULESEE SCHEDULE SEE SCHEDULESEE SCHED. INSULATED METAL W/ HALF-LITE B INSULATED METAL W/ HIGH LIFT TRACK & OPERATOR C 10 D 98 25'-0"30'-0" SCALE VISIBLE FROM WINDOW 1 A3 3 A3 DRIVER ENTRY 30'-0"36'-0"7'-0" 10'-0"5'-4"5'-4"5'-4"10'-0"5'-0"22'-0"3'-0"18'-4"11'-2"5'-0"8'-0"8'-6"4'-0" First Floor 0' -0" 10 T.O. FOOTING -2' -6" Eave 14' -0" 98 3 A3 OFFICE BUILD-OUT First Floor 0' -0" T.O. FOOTING -2' -6" D Eave 14' -0" 1 A3 OFFICE BUILD-OUT PROJECT NO. DATETHIS DOCUMENT IS AN INSTRUMENT OFSERVICE AND IS THE PROPERTY OFJosephArchitecturalGroup AND MAY NOT BEUSED OR REPRODUCED WITHOUT PRIORWRITTEN CONSENT.c 2016 JosephArchitecturalGroup,PCAll rights reservedREVISIONS1234JOSEPH ARCHITECTURAL GROUP, P.C.4510 42nd AvenueRock Island, IL 61201Phone: 309 786-9920 Fax: 309-786-9924jag-architects.comSCHEDULES #02326 16 August 2026 A3Construction Documents for:Watreloo, Iowa1/4" = 1'-0" Door & Window Types HARDWARE SET #1 (ENTRY) 3 EA. HINGES 1 EA. LEVER MORTISE LOCKSET 1 EA. A.D.A. COMPLIANT THREASHOLD 1 SET WEATHERSTRIP 1 EA. DOOR CLOSER 1 EA. FLOOR OR WALL STOP 1 EA. LOCKSET AND STRIKE 1/4" = 1'-0"2 Scale House 1/4" = 1'-0"1 Section 1 1/4" = 1'-0"3 Section 2 Page 91 of 378 DESIGN DATA 1. DESIGN SOIL PRESSURE 1500 PSI 2. MINIMUM 28-DAY COMPREHENSIVE STRENGTH (fc') OD CAST-IN PLACE CONCRETE: a. GRADE WALLS, SLABS-ON-GRADE AND ALL CONCRETE EXPOSED TO FREEZING WEATHER 4000 PSI b.FOOTINGS 3000 PSI 3.REINFORCING STEEL: a.DEFORMED REINFORCING BARS ASTM A615-60 b.WELDED WIRE FABRIC SHALL CONFORM TO ASTM A185 AND ASTM A82. PROVIDE FLAT SHEETS -ROLLS ARE NOT ACCEPTABLE 4.METALS: a. STRUCTURAL STEEL SHAPES ASTM A992 b. STRUCTURAL STEEL ANGLES, PLATES, ETC.ASTM A36 c. SQUARE OR RECTANGULAR TUBING ASTM A500 (fy =46KSI) d. STANDARD BOLTS (1/2" OR LESS)ASTM A307 e. HIGH STRENGTH BOLTS (5/8" OR GREATER)ASTM A325 f. ANCHOR RODS ASTM A36 g. WELDING ELECTRODES AWS E70 5.NON SHRINK GROUT: EMBECO 636 AS MANUFACTURED BY MASTER BUILDERS, CLEVELAND OHIO, FERROGROUT BY L & M CONSTRUCTION CHEMICALS OR FERROLITH G BY SONNEBORN BUILDING PRODUCTS 6.WOOD: a. 2 X 4 AND 2 X 6 SPRUCE-PINE-FIR, NO 2 AND BETTER b. 2 X 8 AND LARGER DOUGLAS FIR-LARCH, NO 2 AND BETTER c. MICROLAM BEAMS 1.9E LVL, OR BETTER d. ROOF SHEATHING: 5/8" APA RATED STRUCTURAL I SHEATHING WITH A SPAN RATING OF 40/20 AND AN EXPOSURE DURABILITY RATING OF EXPOSURE I, OR OTHER APPROVED MATERIAL. NAIL SHEATHING TO ROOF TRUSSES USING10D COMMON NAILS AT 4" O.C. AT PANEL EDGES AND AT 12" O.C. AT INTERMEDIATE SUPPORTS. e. WALL SHEATHING (EXCEPT SHEAR WALLS): 1/2" APA RATED OSB. NAIL SHEATHING TO STUDS USING 10D COMMON NAILS AT 6" O.C. AT PANEL EDGES AND AT 12" O.C. AT INTERMEDIATE STUDS f. PREFABRICATED WOOD ROOF TRUSSES: 1. TRUSSES SHALL BE FABRICATED WITH WOOD CHORDS AND WOOD OR METAL WEBS IN ACCORDANCE WITH DESIGNS PREPARED UNDER THE SUPERVISION AND CERTIFIED IN WRITING BY A STRUCTURAL ENGINEER LICENSED IN THE STATE OF ILLINOIS. 2. DESIGN SHALL CONFORM WITH THE APPLICABLE PROVISIONS OF THE "NATIONAL DESIGN SPECIFICATION FOR WOOD CONSTRUCTION", PUBLISHED BY THE NATIONAL FOREST AND PAPER PRODUCTS ASSOCIATION AND ANY OTHER APPLICABLE CODE DEPENDING ON THE TYPE OF TRUSS USED. 3. DESIGN CRITERIA -MAIN ROOF TRUSSES: a. TOP CHORD DEAD LOAD 10 PSF b. BOTTOM CHORD DEAD LOAD 10 PSF c. TOP CHORD LIVE LOAD 30 PSF TOTAL LOAD 50 PSF 4. DESIGN TRUSSES FOR LOADS APPLIED BY PROPOSED ROOFTOP MECHANICAL EQUIPMENT, AS REQUIRED. LOCATION OF ALL ROOFTOP MECHANICAL UNITS IS RESTRICTED TO THE AREA 6'-0" EITHER SIDE OF GRID LINE "A". 5. PROVIDE AND INSTALL ANY REQUIRED HORIZONTAL AND/OR DIAGONAL BRACING REQUIRED BY THE DESIGN. ALL BRACING, INCLUDING ROOF SHEATHING, SHALL BE INSTALLED IN AN ON-GOING SEQUENCE AS THE TRUSSES ARE INSTALLED. g.WOOD CONNECTORS SUCH AS ANCHORS, HANGERS, CLIPS, ETC. SHALL BE STANDARD PRODUCTS AS MANUFACTURED BY SIMPSON STRONG-TIE COMPANY, INC, OR OTHER APPROVED MANUFACTURER. CONTRACTOR SHALL PROVIDE ALL CONNECTORS, NAILS, CREWS, LAG SCREWS, BOLTS, ETC. AS REQUIRED FOR A COMPLETE INSTALLATION. 7.DESIGN LOADS: a. ROOF LIVE LOAD 30 PSF b. WIND LOAD IN ACCORDANCE WITH IBC-2003 WITH 90 MPH WIND AND EXPOSURE C FOOTING AND FOUNDATION NOTES 1. FOOTINGS HAVE BEEN DESIGNED ON THE BASIS OF AN ASSUMED NET ALLOWABLE BEARING PRESSURE OF 1500 POUNDS PER SQUARE FOOT (PSF). THIS ALLOWABLE PRESSURE ASSUMES FOOTINGS WILL BEAR ON UNDISTURBED CLAYEY SOIL (CL-ML), LOESS, OR ON CONTROLLED, COMPACTED FILL. 2.FILL OR BACKFILL MATERIAL SHALL CONSIST OF WELL-GRADED GRANULAR FILL APPROVED BY THE SOILS ENGINEER. COHESIVE SOIL AND SILTY/CLAYEY GRANULAR MATERIAL MAY BE ACCEPTABLE ABOVE SUBGRADES THAT HAVE BEEN STABILIZED WITH GRANULAR MATERIALS. SEE PARAGRAPH 4.3 CONTROLLED FILL IN THE GEOTHECHNICAL ENGINEERING REPORT. FILL MUST BE FREE OF UNSUITABLE SOIL, FROZEN MATERIAL, RUBBLE, ORGANICS, DEGRADABLE MATERIAL, CHEMICAL CONTAMINANTS AND STONES THAT WOULD INTERFERE WITH COMPACTION OR COMPACTION TESTING. COMPACT FILL TO AT LEAST 95% OF ITS MAXIMUM DRY DENSITY AS DETERMIND BY ASTM D698. 3. OWNER SHALL RETAIN THE SERVICES OF A COMPETENT GEOTECHNICAL ENGINEERING FIRM FOR TESTING AND OBSERVATION DURING EXCAVATION, BACKFILL AND FOUNDATION CONSTRUCTION PHASES OF THIS PROJECT TO HELP DETERMINE THAT DESIGN REQUIREMENTS ARE FULFILLED. CONCRETE NOTES 1. CONCRETE WORK SHALL CONFORM TO ALL REQUIREMENTS OF ACI 301-96. SPECIFICATION FOR STRUCTURAL CONCRETE FOR BUILDINGS, EXCEPT AS MODIFIED BY SUPPLEMENTAL REQUIREMENTS CONTAINED IN THE FOLLOWING NOTES. 2.UNLESS OTHERWISE DETAILED OR NOTED, REINFORCING SHALL BE IN ACCORDANCE WITH "THE ACI DETAILING MANUAL, SP-66." 3. ELEVATIONS GIVEN THUS (-3'-0") ARE TO THE TOP OF FOOTINGS, SLABS, ETC. WITH REFERENCE TO THE FINISHED GROUND FLOOR ELEVATION, (0'-0") = 775.8' (VERIFY). 4. SUBMIT SHOP DRAWINGS FOR FABRICATION AND PLACEMENT OF CONCRETE REINFORCING. SHOW PLAN VIEW OF FOOTINGS AND ELEVATION VIEW OF ALL WALLS, INCLUDE SCHEDULES AND DIAGRAMS OF BENT BARS AND SHOW ARRANGEMTNT OF CONCRETE REINFORCING. ENGINEER'S REVIEW OF SHOP DRAWINGS WILL BE FOR COMPLIANCE WITH DESIGN REQUIREMENTS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING DIMENSIONS AND QUANTITTIES RELATIVE TO REINFORCING STEEL. 5. ALL CONCRETE TESTING SHALL BE PERFORMED UNDER THE DIRECT SUPERVISION OF A QUALIFIED ENGINEER WHO IS LICENSED TO PRACTICE IN THE STATE OF IOWA. THE TESTING AGENCY SHALL MEET REQUIREMENTS CONTANED IN ASTM E329. 6. PREPARE DESIGN MIXES FOR EACH TYPE AND STRENGTH OF CONCRETE BY EITHER LABORATORY TRIAL BATCH OR FIELD EXPERIENCE METHODS AS SPECIFIED IN ACI 301. a. TRIAL BATCH METHOD: IF TRIAL BATCHES ARE USED, AN INDEPENDANT TESTING LABORATORY, APPROVED BY THE ARCHITECT, SHALL PREPARE MIX DESIGNS. THE MIX DESIGN SHALL BE PROPORTIONED TO ACHEIVED AN AVERAGE STRENGTH OF 1200 PSI HIGHER THAN THE SPECIFIED STRENGTH (F'C). b. FIELD EXPERIENCE METHOD: IF THE FIELD EXPERIENCE METHOD IS SELECTED, THE PROPOSED MIX DESIGN MUST BE ACCOMPANIED BY THE COMPLETE STANDARD DEVIATION ANALYSIS. c. COMPRESSIVE STRENGTH: STRENGTH REQUIREMENTS AT 28 DAYS AND THE LOCATION OF EACH TYPE OF CONCRETE REQUIRED FOR THIS PROJECT SHALL BE AS NOTED IN DESIGN DATA. d. SLUMP SHALL BE 4" MAXIMUM, 2" MINIMUM FOR WALLS AND FOOTINGS AND 5" MAXIMUM, 3" MINIMUM FOR SLABS-ON-GRADE. e. LIMIT THE USE OF FLY ASH TO 15% OF CEMENT CONTENT. (PERCENTAGE COULD BE INCREASED TO 20% FOR TYPE C) (FLY ASH LOWERS THE HEAT OF HYDRATION SO USE CAUTION IN WINTER MONTHS) f. CONTRACTOR SHALL EXERCISE CARE IN SLECTION OF MIX DESIGN AND CURING METHODS TO MINIMIZE THE DIFFERENTIAL MOISTURE LOSSES THAT MAY RESULT IN CURING OF CONCRETE SLABS PLACED OVER POLYETHYLENE. 7. USE AIR-ENTRAINING ADMIXTURE IN EXTERIOR, EXPOSED CONCRETE. COMPLY WITH THE MANUFACTURER'S RECOMMENDATIONS AND TABLE 4.2.2.4 OF ACI 301. 8. READY-MIX CONCRETE SHALL BE IN COMPLIANCE WITH REQUIREMENTS OF ASTM C94, AND AS HEREIN SPECIFIED. 9. CONCRETE FORMS SHALL BE TIGHT AND PROVIDE A STRAIGHT, SMOOTH-FINISHED SURFACE. 10. DESIGN, ERECT, SUPPORT, BRACE AND MAINTAIN FORMWORK TO SUPPORT VERTICAL AND LATERAL LOADS THAT WILL BE IMPOSED BY CONCRETE AND CONSTRUCTION ACTIVITIES. CONSTRUCT FORMWORK SO CONCRETE MEMBERS AND STRUCTURES ARE OF CORRECT SIZE, SHAPE, ALIGNMENT, ELEVATION AND POSITION. 11. PROVIDE SUPPORTS FOR REINFORCING INCLUDING BOLSTERS, CHAIRS, SPACTERS AND OTHER DEVICES FOR SPACING, SUPPORTING AND FASTENING REINFORCING BARS AND WELDED WIRE FABRIC IN PLACE. USE WIRE BAR TYPE SUPPORTS COMPLYING WITH CONCRETE REINFORCING STEEL INSTITUTE (CRSI) RECOMMENDATIONS, UNLESS OTHERWISE APPROVED. 12. AT THE INTERSECTION OF CONCRETE FOOTINGS AND WALLS, PROVIDE CORNER BARS THE SAME SIZE AND SPACING AS (HORIZONTAL) (CONTINUOUS) REINFORCING, AND LAP 2'-0" OR 24 DIAMETERS (MINIMUM) WITH MAIN STEEL. 13. LAP FOOTING REINFORCING 32 DIAMETERS (MINIMUM) AT SPLICES. 14. TRANSVERSE REINFORCING, WHERE SHOWN IN FOOTINGS, SHALL BE PLACED UNDER ALL LONGITUDINAL REINFORCING. 15. CONCRETE PIERS IN CONCRETE FOUNDATIONS SHALL BE BUILT MONOLITHICALLY WITH THE FOUNDATION. 16. VERIFY SIZE AND LOCATION OF HOLES OR SLEEVES THROUGH THE CONCRETE FOUNDATION WALLS AND SLABS WITH MECHANICAL CONTRACTOR. PROVIDE TWO NO. 5 BARS EACH SIDE OF FOUNDATION WALL OPENINGS, 4'-0" LONGER THAN OPENING. 17. COLD WEATHER PLACING: PROTECT CONCRETE WORK FROM PHYSICAL DAMAGE OR REDUCED STRENGTH, WHICH COULD BE CAUSED BY FROST, FREEZING ACTIONS OR LOW TEMPERATURES, IN COMPLIANCE WITH ACI 306. DO NOT USE CALCIUM CHLORIDE, SLAT AND OTHER MATERIALS CONTAINING ANTIFREEZE AGENTS. 18. HOT WEATHER PLACING: WHEN HOT WEATHER CONDITIONS EXIST THAT WOULD SERIOUSLY IMPAIR QUALITY AND STRENGTH OF CONCRETE, PLACE CONCRETE IN COMPLIANCE WITH ACI 305. 19. PROVIDE CONCRETE SLAB FINISHES THAT CONFORM TO THE ARCHITECTURAL REQUIREMENTS OF THE PROJECT. FOLLOW PROCEDURE CONTAINED IN PARAGRAPH 5.3.4 OF ACI 301. SEE ARCHITECTURAL DRAWINGS. STRUCTURAL STEEL NOTES 1. STRUCTURAL STEEL WORK SHALL CONFORM TO REQUIREMENTS CONTAINED IN "SPECIFICATIONS FOR STRUCTURAL STEEL BUILDINGS -ALLOWABLE STRESS DESIGN AND PLASTIC DESIGN," INCLUDING COMMENTARY AND SUPPLEMENTS, BY THE AMERICAN INSTITUTE OF STEEL CONSTRUCTION (AISC). 2. ALL WELDING PROCEDURES, WELDING EQUIPMENT AND WELDER QUALIFICATION SHALL BE IN COMPLIANCE WITH CURRENT AMERICAN WELDING SOCIETY (AWS) CODES. PROVIDE CERTIFICATION THAT WELDERS TO BE EMPLOYED IN THE WORK HAVE SATISFACTORILY PASSED AWS QUALIFICATION TESTS. 3. INSTALL HIGH-STRENGTH THREADED FASTENERS IN ACCORDANCE WITH CURRENT AISC "SPECIFICATIONS FOR STRUCTURAL JOINTS USING ASTM A325 OR A490 BOLTS." THIS SPECIFICATION SHALL CONTROL MATERIAL SELECTION, INSTALLATION AND INSPECTION WITH RESPECT TO THE BOLTED CONNECTIONS. CONNECTIONS SHALL BE BEARING-TYPE, SNUG TIGHT 4. ELEVATIONS AND VERTICAL DIMENSIONS RE WITH RESPECT TO THE FINISHED GROUND FLOOR ELEVATION, (0'-0") = 775.8' (VERIFY). 5. SUBMIT SHOP DRAWINGS INDICATION LAYOUT, ARRANGEMENT AND DIMENSIONS OF ALL MEMBERS AND DETAILS OF ALL CONNECTIONS. NOTE GRADE FOR EACH TYPE OF STEEL AND BOLT THAT IS DETAILED. ENGINEER'S REVIEW OF THE SHOP DRAWINGS WITH BE FOR CONFORMANCE WITH DESIGN REQUIREMENTS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING ALL DIMENSIONS AND QUANTITIES SHOWN ON SHOP DRAWINGS. 6. PRIOR TO ERECTING STEEL, EXAMINE THE EXISTING WORK OF OTHER CONTRACTORS ON WHICH THIS WORK IS IN ANY WAY,DEPENDENT AND REPORT ANY ERRORS OR DISCREPANCIES, WHICH WILL AFFECT THIS WORK, TO THE GENERAL CONTRACTOR. 7. STRUCTURAL STEEL CONNECTIONS NOT OTHERWISE DETAILED OR NOTED SHALL BE FABRICATED AND ERECTED AS STANDARD CONNECTIONS IN ACCORDANCE WITH THOSE SHOWN IN THE LATEST EDITION OF THE AISC MANUAL OF STEEL CONSTRUCTION AND STRUCTURAL STEEL DETAILING MANUAL. 8. STEEL CONNECTION DETAILS CONTAINED ON THE STRUCTURAL DRAWINGS ARE INTENDED TO PROVIDE TYPICAL EXAMPLES OF THE VARIOUS CONDITIONS THAT EXIST ON THIS PROJECT. THESE DETAILS ARE TO SERVE AS EXAMPLES FOR CONDITIONS THAT ARE NOT OTHERWISE SPECIFICALLY DESCRIBED, BUT HAVE MEMBER SIZES AND ARRANGEMENTS THAT ARE SIMILAR TO THOSE DETAILED. 9.FABRICATE ALL MEMBERS TO ACCOMMODATE CONNECTIONS DETAILED ON THE DRAWINGS OR APPROVED SHOP DRAWINGS. 10. FABRICATION TOLERANCES SHALL BE IN CONFORMANCE WITH THOSE CONTAINED IN THE AISC MANUAL OF STEEL CONSTRUCTION. 11. FABRICATOR SHALL PROPERLY MARK AND MATCH-MARK MATERIALS FOR FIELD ASSEMBLY, AND FOR IDENTIFICATION AS TO PROJECT AND SITE. 12. CLEAN STEEL SURFACES IN COMPLIANCE WITH STEEL STRUCTURES PAINTING COUNCIL (SSPC) SP-2 "HAND TOOL CLEANING", SP-3 "POWER TOOL CLEANING" OR SP-7 "BRUSH-OFF BLAST CLEANING". REMOVE OIL, GREASE AND SIMILAR CONTAMINANTS COMPLYING WITH SSPC, SP-1 "SOLVENT CLEANING". 13. PROVIDE ONE COAT OF FABRICATOR'S STANDARD PRIME PAINT EXCEPT AT SURFACES THAT ARE TO BE WELDED. 14. ERECTION INCLUDES THE INSTALLATION OF ALL ITEMS COVERED BY THIS SECTION INCLUDING ALL REQUIRED CONNECTIONS AND FASTENINGS. 15. MAINTAIN WORK IN A SAFE AND STABLE CONDITION DURING ERECTION. PROVIDE TEMPORARY SHORING AND GUY LINES TO ACHIEVE PROPER ALIGNMENT OF THE STRUCTURE AND TO RESIST WIND LOADS AND CONSTRUCTION LOADS DURING ERECTION. REMOVE ONLY AFTER SAFETY AND STABILITY HAVE BEEN ACHIEVED IN ERECTION OF STRUCTURAL STEEL COMPONENTS. 16. SECURELY FASTEN OR ANCHOR STEEL MEMBERS, AS REQUIRE, TO RESIST/SUPPORT ALL DEAD LOADS, WIND LOADS, AND ERECTION STRESSES. 17. SET COLUMN BASE PLATES AT THE CORRECT ELEVATION, USING STEEL SHIMS OR SETTING NUTS AT TOP AND BOTTOM OF BASE PLATES. MAXIMUM ALLOWABLE TOLERANCE FROM STATE ELEVATION IS 1/8 INCH. 18. PACK GROUT SOLIDLY BETWEEN BEARING SURFACES AND BOTTOMS OF STRUCTURAL STEEL COLUMNS TO INSURE THAT NO VOIDS REMAIN. 19. AFTER GROUT UNDER BASE PLATES HAS ACHIEVED FULL STRENGTH, TIGHTEN BOLTS TO FULL CAPACITY. 20. UNLESS SPECIFICALLY SHOWN ON THE DRAWINGS FIELD CONNECTIONS MAY BE BOLTED OR WELDED, BUT BOLTED CONNECTIONS ARE PREFERRED TO GREATEST EXTEND. 21. INSTALL ADHESIVE ANCHORS IN STRICT CONFORMANCE WITH THE MANUFACTURER'S RECOMMENDATIONS. 22. DO NOT USE GAS-CUTTING TORCHES IN THE FIELD FOR CORRECTION OF FABRICATION ERRORS IN THE STRUCTURAL FRAMING. 23. DO NOT ENLARGE UNFAIR HOLES IN MEMBERS BY BURNING OR BY USE OF DRIFT PINS. REAM HOLES THAT MUST BE ENLARGED TO ACCOMMODATE BOLTS. 24. ALL NEW STRUCTURAL STEEL SHALL BE ERECTED STRAIGHT, LEVEL AND PLUMB. VARIATION FROM A STRAIGHT OR LEVEL LINE SHALL NOT EXCEED L/500 AND VARIATION FROM PLUMB SHALL NOT EXCEED L/ 750. 25. AFTER ERECTION IS COMPLETE, CLEAN AND FIELD PRIME WELDS, NUTS, BOLTS, WASHERS, AND TOUCH-UP ABRASIONS OR DAMAGES TO SHOP APPLIED PRIME PAINT. USE SAME PAINT AS CALLED FOR IN NOTE 13. 26. ALL DEFECTS OR WORK NOT PERFORMED IN COMPLIANCE WITH THE CONTRACT DOCUMENTS SHALL BE CORRECTED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE OWNER. STRUCTURAL WOOD FRAMING NOTES 1. PERFORM STRUCTURAL WOOD FRAMING AS SHOWN ON THESE DRAWINGS AND AS REQUIRED FOR A COMPLETE INSTALLATION. 2. ALL STRUCTURAL WOOD FRAMING SHALL BE PERFORMED IN ACCORDANCE WITH ACCEPTED STANDARDS OF PRACTICE FOR COMMERCIAL CONSTRUCTION IN THIS AREA. 3. ALL STRUCTURAL WOOD-FRAMING MEMBERS SHALL BE PROPERLY ANCHORED AND SUPPORTED. USE JOIST HANGERS, SHEET METAL CLIPS AND OTHER ACCEPTABLE MEANS OF ACHIEVING POSITIVE CONNECTIONS. 4. REFER TO ARCHITECTURAL DRAWINGS FOR NON-STRUCTURAL WOOD FRAMING AND CARPENTRY REQUIREMENTS. 5. DO NOT DRILL HOLES, SAW OR OTHERWISE ALTER STRUCTURAL WOOD COMPONENTS WITHOUT APPROVAL FROM THE STRUCTURAL ENGINEER. 6. ALL SHEATHING, WALLS AND ROOF SHALL BE APPLIED SUCH THAT IT IS CONTINUOUS OVER A MINIMUM OF TWO (2) SPANS WITH THE GRAIN OF FACE PLYS RUNNING ACROSS SUPPORTS. 7. WOOD STUD BEARING WALLS SHALL BE ANCHORED TO FOUNDATIONS WITH 1/2" DIAMETER BOLTS SPACED A MAXIMUM OF 3"-4" ON CENTER PROVIDE A MINIMUM OF TWO BOLTS IN EACH SECTION OF WALL. LOCATE BOLTS WITHIN 12" OF EACH END OF EACH SECTION OF WALL. ANCHOR BOLTS SHALL PROJECT A SUFFICIENT LENGTH TO PASS THOUGH THE PLATE(S) AND ALLOW ROOM FOR A WASHER AND NUT. 8. PROVIDE 2" DIAMETER FLAT WASHERS ON TOP OF THE PLATE(S) AT EACH ANCHOR BOLT. 9. SILL PLATES AT ALL STUD-BEARING WALLS SHALL BE TREATED WOOD. PROJECT NO. DATETHIS DOCUMENT IS AN INSTRUMENT OFSERVICE AND IS THE PROPERTY OFJosephArchitecturalGroup AND MAY NOT BEUSED OR REPRODUCED WITHOUT PRIORWRITTEN CONSENT.c 2016 JosephArchitecturalGroup,PCAll rights reservedREVISIONS1234JOSEPH ARCHITECTURAL GROUP, P.C.4510 42nd AvenueRock Island, IL 61201Phone: 309 786-9920 Fax: 309-786-9924jag-architects.comSTRUCTURAL NOTES #02326 16 August 2026 S0Construction Documents for:Watreloo, IowaPage 92 of 378 10 40'-0"230'-0" HOLD DOWN FOUNDATION WALL 8" AT OPENINGS TO POUR FLOOR SLAB OVER (TYPICAL) 6" CONCRETE SLAB W/ 6x6 6/6 WWF OVER 6 MIL VAPOR BARRIER OVER 4" COMPACTED GRANULAR FILL 12" REINFORCED CONCRETE FOUNDATION WALL A D 3A 7 98465 PROVIDE THICKENED SLAB UNDER CONCRETE WALLS (SEE DETAIL 4/S0) 270'-0" 8" REINFORCED CONCRETE STOOP (SEE 5/S1) 8" PEN WALL TO 45" A.F.F. (TYPICAL) S2 6 S2 1 S2 12 S2 9 321 C B 27'-0"27'-0"12" SHOOT WALL TO 45" A.F.F. (TYPICAL) 12" REINFORCED CONCRETE FOUNDATION WALL 2A C1 D1 A1 26'-0"54'-0"13'-0"12'-0"29'-0"9'-0"10'-0"5'-6"3'-0"1'-6"8'-0"3'-0"125'-10"2'-6"18'-4"2'-6"18'-8"2'-6"5'-3"3'-0"8'-5"36'-0"7'-0" C1 E1 D1 A1 B1 GH1 FH1 10" PEN WALL TO 45" A.F.F. D C B A H H H H H H H H E F F GHHHHHHHH 32'-0"48'-0"107'-0"16'-0"16'-0"4'-0"110'-0"80'-0"30'-0"26'-0"29'-0"25'-0"31'-9"3'-0"4'-3"12'-0"29'-0"43'-0" 28'-3"11'-9"13'-4"12'-8"12'-8"12'-8"12'-8"12'-8"17'-6"11'-0"17'-8"12'-0"12'-0"12'-0"12'-0"11'-10"11'-8"11'-8"11'-8"12'-4" 8'-8"12'-8"12'-8"12'-8"12'-8"12'-8"12'-8"12'-8"12'-8"12'-10"12'-0"12'-0"12'-0"12'-0"11'-10"11'-8"11'-8"11'-8"12'-4"8'-0"31'-0"11'-0"22'-0"8'-0"13'-0"11'-0"30'-0"13'-4"12'-8"13'-0"7'-6"2'-8"9'-4"8"6'-6"5'-6"5'-6"6'-6"11'-10"3'-2"8'-10"35'-4"18'-8"4'-6"15'-10"11'-0"3'-0"15'-0"12'-0"4'-2"10'-6"5'-4"2'-4"6'-6"11'-0"11'-0"11'-0"6'-8" STEP FOOTING DOWN 2'-0" STEP FOOTING DOWN 2'-0" S2 5 S2 11 S2 10 S2 2 S2 8 S2 4 S2 3 20'-0"20'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"25'-0"30'-0" ANCHOR BOLT SCHEDULE MARK LNTH AB1 1/2"12"2" 14" 16" AB2 AB3 3/4" 3/4" 2 1/2" 4 1/2" SIZE PROJECT HOOK 3" 4" 4" AB1 AB2 AB3 3"4"4"EMBED10"2"1'-0"EMBED11 1/2"2 1/2"1'-2"EMBED11 1/2"4 1/2"1'-4"@ BASE PLATE DETAIL DOOR, WIND PLATE M, N, O, P Q, R, S, T, U, V, W, X, Y, Z (4) 3/4" DIA. ANCHOR RODS (SEE SCHEDULE) 8"1'-0"1 1/2"5"1 1/2"1 1/2"9"1 1/2"10"10"1 1/2"7"1 1/2"1 1/2"7"1 1/2"(4) 3/4" DIA. ANCHOR RODS (SEE SCHEDULE) 1 2 3 5 PROJECT NO. DATETHIS DOCUMENT IS AN INSTRUMENT OFSERVICE AND IS THE PROPERTY OFJosephArchitecturalGroup AND MAY NOT BEUSED OR REPRODUCED WITHOUT PRIORWRITTEN CONSENT.c 2016 JosephArchitecturalGroup,PCAll rights reservedREVISIONS1234JOSEPH ARCHITECTURAL GROUP, P.C.4510 42nd AvenueRock Island, IL 61201Phone: 309 786-9920 Fax: 309-786-9924jag-architects.comFOUNDATION PLAN #02326 16 August 2026 S1Construction Documents for:Watreloo, Iowa1" = 10'-0"1 Anchor Bolt Plan 1" = 1'-0"10 Anchor Bolt Schedule 1/2" = 1'-0"8 BASEPLATE DETAIL Page 93 of 378 A 3A 1/2" EXPANSION JOINT MATERIAL (TYP.) 4 -#5 EACH WAY IN PAD 5 -#5 VERTICAL IN PIER STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) D1 3'-0"6"1'-0"1'-6"3'-0" 6"1'-0"1'-6" 4 -#5 EACH WAY IN PAD 4 -#5 VERTICAL IN PIER STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) 1 B 1/2" EXPANSION JOINT MATERIAL (TYP.) 3'-0" 7"10"1'-7"3'-0"1'-6"1'-6"A 4 1/2" EXPANSION JOINT MATERIAL (TYP.) 6 -#5 EACH WAY IN PAD 6 -#5 VERTICAL IN PIER STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) D1 5'-0" 2'-6"2'-6"5'-0"2'-0"1'-0"2'-0"10 A 1/2" EXPANSION JOINT MATERIAL (TYP.) 4 -#5 EACH WAY IN PAD 5 -#5 VERTICAL IN PIER STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) 3'-0" 1'-7"10"7"3'-0"6"1'-0"1'-6"3A C1 4 -#5 EACH WAY IN PAD 4 -#5 VERTICAL IN PIER STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) 1/2" EXPANSION JOINT MATERIAL (TYP.) 3'-0" 1'-0"1'-0"1'-0"3'-0"1'-6"1'-6"3A CA1 4 -#5 EACH WAY IN PAD 4 -#5 VERTICAL IN PIER STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) 1/2" EXPANSION JOINT MATERIAL (TYP.) 3'-0" 6"1'-0"1'-6"3'-0"6"1'-0"1'-6"1 CA1 6 -#5 EAST-WEST IN PAD 4 -#5 NORTH-SOUTH IN PAD 6 -#5 VERTICAL IN PIER STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) 1/2" EXPANSION JOINT MATERIAL (TYP.) 5'-0" 3'-0"10"1'-2"4'-0"1'-6"1'-0"1'-6"A 1 D1 5 -#5 EACH WAY IN PAD 5 -#5 VERTICAL IN PIER STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) 1/2" EXPANSION JOINT MATERIAL (TYP.) 4'-0" 2'-7"10"7"4'-0"1'-6"1'-0"1'-6"A 2A D1 5 -#5 EACH WAY IN PAD 4 -#5 VERTICAL IN PIER STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) 1/2" EXPANSION JOINT MATERIAL (TYP.) 4'-0" 2'-0"2'-0"4'-0"1'-6"1'-0"1'-6"10 C 5 -#5 EACH WAY IN PAD 4 -#5 VERTICAL IN PIER STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) 1/2" EXPANSION JOINT MATERIAL (TYP.) 4'-0" 1'-7"10"1'-7"4'-0"2'-0"2'-0"C 2A A1 5 -#5 EACH WAY IN PAD 4 -#5 VERTICAL IN PIER STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) 1/2" EXPANSION JOINT MATERIAL (TYP.) 4'-0" 2'-0"2'-0"4'-0"1'-6"1'-0"1'-6"PROJECT NO. DATETHIS DOCUMENT IS AN INSTRUMENT OFSERVICE AND IS THE PROPERTY OFJosephArchitecturalGroup AND MAY NOT BEUSED OR REPRODUCED WITHOUT PRIORWRITTEN CONSENT.c 2016 JosephArchitecturalGroup,PCAll rights reservedREVISIONS1234JOSEPH ARCHITECTURAL GROUP, P.C.4510 42nd AvenueRock Island, IL 61201Phone: 309 786-9920 Fax: 309-786-9924jag-architects.comFOUNDATION DETAILS #02326 16 August 2026 S2Construction Documents for:Watreloo, Iowa3/4" = 1'-0"12 Column Footing Plan - C1 3/4" = 1'-0"6 Column Footing Plan - C 3/4" = 1'-0"1 Column Footing Plan - H 3/4" = 1'-0"9 Column Footing Plan - G (A-E Sim.) 3/4" = 1'-0"8 Anchor Bolt Plan - A1 3/4" = 1'-0"4 Anchor Bolt Plan - B1 3/4" = 1'-0"2 Anchor Bolt Plan - B-F1-H1 3/4" = 1'-0"10 Anchor Bolt Plan - D-D1 3/4" = 1'-0"11 Anchor Bolt Plan - E1 3/4" = 1'-0"5 Anchor Bolt Plan - F 3/4" = 1'-0"3 Anchor Bolt Plan - G1-H1 Page 94 of 378 FIN. GRADE OR PAVING 1/2"ø X 12" ANCHOR BOLTS @ 48" O.C. (TYP.) 1/2" EXPANSION JOINT MATERIAL (TYP.) 6" CONCRETE FLOOR SLAB #5 @ 18" O.C. EACH WAY TOF (0'-0")MIN.3' - 6"1' - 0" UNDISTURBED NATURAL SOIL (2) -#5 CONTINUOUS 2'-0"1'-0"2'-6"3'-9"COL. #5 BENT DOWEL 24"x 6" @ EACH VERT BAR FIN. GRADE OR PAVING 1/2"ø X 12" ANCHOR BOLTS @ 48" O.C. (TYP.) 1/2" EXPANSION JOINT MATERIAL (TYP.) 6" CONCRETE FLOOR SLAB #5 @ 18" O.C. EACH WAY TOF (0'-0")MIN.3' - 6"1' - 0" UNDISTURBED NATURAL SOIL (2) -#5 CONTINUOUS 2'-0"1'-0"2'-6"10'-0"#5 BENT DOWEL 24"x 6" @ EACH VERT BAR 6" REINFORCED CONCRETE SLAB (TYPICAL) THICKEN CONCRETE SLAB CENTERED ON PEN WALL (TYPICAL) (2) CONTINUOUS #5 (TYPICAL)4"8" REINFORCED CONCRETE PEN WALL (TYPICAL) #4 REINFORCING VERTICAL @ 40" O.C. (TYPICAL) #4 REINFORCING HORIZONTAL @ 13" O.C. (TYPICAL) PIN WALL TO CONCRETE FLOOR -EPOXY #4 REINFORCING x 1'-4" VERTICAL @ 40" O.C. (TYPICAL) 1'-4"3'-9"10"FIN. GRADE OR PAVING #5 BENT DOWEL 24"x 6" @ EACH VERT BAR 1/2" EXPANSION JOINT MATERIAL (TYP.) 6" CONCRETE FLOOR SLAB 1' - 0"VERIFY2' - 6"3' - 9"#5 @ 18" O.C. EACH WAY UNDISTURBED NATURAL SOIL TOF (0'-0")VARIESMINIMUM3' - 6"#5 EACH WAY (VERIFY) (4) #5 EACH PIER (VERIFY) VERIFY VERIFY 1'-0"VERIFY STEEL BUILDING COLUMN & BASE PLATE (SEE STEEL DRAWINGS) ANCHOR BOLTS (SEE SCHEDULE 10/S1) 6" REINFORCED CONCRETE SLAB (TYPICAL) THICKEN CONCRETE SLAB CENTERED ON PEN WALL (TYPICAL) (2) CONTINUOUS #5 (TYPICAL)4"12" REINFORCED CONCRETE PEN WALL (TYPICAL) #4 REINFORCING VERTICAL @ 40" O.C. (TYPICAL) #4 REINFORCING HORIZONTAL @ 13" O.C. (TYPICAL) PIN WALL TO CONCRETE FLOOR -EPOXY #4 REINFORCING x 1'-4" VERTICAL @ 40" O.C. (TYPICAL) 1'-4"3'-9"10"FIN. GRADE OR PAVING 1/2"ø X 12" ANCHOR BOLTS @ 48" O.C. (TYP.) 1/2" EXPANSION JOINT MATERIAL (TYP.) 6" CONCRETE FLOOR SLAB #5 @ 18" O.C. EACH WAY TOF (0'-0")MIN.3' - 6"10" UNDISTURBED NATURAL SOIL (2) -#5 CONTINUOUS 2'-0"1'-0"2'-6"3'-9"COL. #5 BENT DOWEL 24"x 6" @ EACH VERT BAR PROJECT NO. DATETHIS DOCUMENT IS AN INSTRUMENT OFSERVICE AND IS THE PROPERTY OFJosephArchitecturalGroup AND MAY NOT BEUSED OR REPRODUCED WITHOUT PRIORWRITTEN CONSENT.c 2016 JosephArchitecturalGroup,PCAll rights reservedREVISIONS1234JOSEPH ARCHITECTURAL GROUP, P.C.4510 42nd AvenueRock Island, IL 61201Phone: 309 786-9920 Fax: 309-786-9924jag-architects.comFOUNDATION DETAILS #02326 16 August 2026 S3Construction Documents for:Watreloo, Iowa3/4" = 1'-0"1 12" FOUNDATION WALL SECTION 3/4" = 1'-0"3 12" FOUNDATION WALL SECTION 10'-0" 1 1/2" = 1'-0"5 8" WALL ON THICKEND SLAB DETAIL 3/4" = 1'-0"6 SIDEWALL COLUMN FOUNDATION SECTION 1 1/2" = 1'-0"7 12" WALL ON THICKEND SLAB DETAIL 3/4" = 1'-0"2 10" FOUNDATION WALL SECTION Page 95 of 378 WW20''W 20''W 20''W STFOFOOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHU30''ST30''ST30''ST30''ST30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''STPEN WALL(TYPICAL)12'-0"x 14'-0"OVERHEAD10'-0"x 14'-0"OVERHEAD 8'-0"x 10'-0"OVERHEAD3'-0"x 7'-0"SINGLE 12'-0"x 14'-0"OVERHEAD3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE5'-0"x 4'-0"FIXEDWINDOW5'-0"x 4'-0"FIXEDWINDOW3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE 3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE2'-6"x 7'-0"SHOOT2'-6"x 7'-0"SHOOT2'-6"x 7'-0"SHOOT EX PCC DRIVEN ELK RUN ROAD 0100'50'NORTHIOWAONE CALL800 / 292-8989TOLL FREECALL - BEFORE - YOU - DIGUTILITY STATEMENTTHE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION ANDEXISTING DRAWINGS. THE SURVEYOR MAKES NO GUARANTEE THAT THE UNDERGROUND UTILITIES SHOWNCOMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHERDOES NOT WARRANT THAT THE UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HEDOES DECLARE THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMATION AVAILABLE.THE CONSTRUCTION OF THE SANITARY SEWER, STORM SEWER, AND WATER SYSTEMS SHALL BE INACCORDANCE WITH THE STANDARD SPECIFICATIONS FOR MUNICIPAL IMPROVEMENTS WITHIN THE CITYOF WATERLOO, IOWA, AND THE STATEWIDE URBAN DESIGNS AND SPECIFICATIONS (SUDAS)SITE LOCATIONINDEX OF SHEETSSHEET. NO.SHEET NAMEREVISION DATE1COVER SHEET2EXISTING CONDITIONS AND DEMOLITION PLAN3CIVIL SITE PLAN4GRADING PLAN5CIVIL SITE DETAILS6STORM WATER POLLUTION PREVENTION PLANOWNER/APPLICANT:HEINOLD HOG MARKETS LLCC/O STEVE PEDERSON1310 FOX RIDGE RDDIKE IA 50624SITE PLAN PREPARED BY:VJ ENGINEERING1501 TECHNOLOGY PARKWAY SUITE 100,CEDAR FALLS, IOWA 50613PROJECT SITE ADDRESS:N ELK RUN ROADWATERLOO, IOWA 50703CURRENT ZONING:M-2,P: - PLANNED INDUSTRIAL DISTRICTNOTES:1.)SCALE NOTED ON TITLE BLOCK RELATES TO FULL-SIZED PLOTS (22x34).2.)CONTRACTOR SHALL CONTACT ENGINEER OF RECORD FOR CLARIFICATION PRIOR TOCONTINUING TO WORK IF DISCREPANCIES ARE FOUND IN PLAN SET.LEGENDExistingProposedX-SANX-STTFOEX-W000GOHUTVXSANSTTFOEW000GOHUTVXLAND USE:TOTAL SITE AREA = 14.22 ACRESEXISTING IMPERVIOUS AREA = 0.00 ACRESTOTAL IMPERVIOUS AREA = 2.31 ACRESSITE IS 16.2% IMPERVIOUSFINISHED FLOOR ELEVATION:FFE = 873.00PARKING REQUIREMENTS:1 STALL FOR EACH 2 EMPLOYEES ON SHIFT6 EMPLOYEES / 2 = 3 STALLSSTALLS PROVIDED = 3 (INCL 1 ADA)PRELIMINARYCITY OF WATERLOO, IOWABLACK HAWK COUNTYPLANS FOR BUILDING SITE PLAN, GRADING, AND UTILITIESHEINOLD HOG FACILITYN ELK RUN ROADPREPARED BY VJ ENGINEERINGL I C ENSED P ROFESSENGINEERIONALPages or sheets covered by this seal:DATEthe laws of the State of Iowa.and that I am a duly licensed Professional Engineer underprepared by me or under my direct personal supervisionI hereby certify that this engineering document wasIOWALicensedMy license renewal date is December 31, 2026DANIEL M. ARENDS, P.E.License number 2264722647Daniel M.ArendsAll sheets in IndexPage 96 of 378 Fiber Optic PedEmergencyNumber Sign45 SpeedLimit SignMeter Sensoron PostWater Pit MHRIM: 872.10TOP PIPE: 866.38W20''W 20''W20" Water Main, notsure where it goesWATCO SignGateNo Trailer Clean-Outon Property Sign18" RCP PipeFL: 867.73RCP PipeFL: 868.1212" PipeFL: 867.73BeehiveRIM: 868.87INV: 860.77FOFOOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHU30''SAN30''ST30''ST30''ST30''ST30''ST30''ST30''ST30''STXXXX30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''STEX PCC DRIVEN ELK RUN ROAD 8708 6 9869 8708698688 6 7 8 6 6 86 5 8 6 4 869868868868865862867869870871 870869869873874875872874 875872873874 870867872381.06'59.99'129.98'59.56'164.91'206.97'254.25'94.32'435.04'729.38'99.45'200.25' 570.51'NORTHPROPERTY INFORMATION:PART OF THE NW 1/4 OF SECTION 22, TOWNSHIP 89 NORTH, RANGE 12WEST OF THE 5TH P.M., BLACK HAWK CO., IOWAFEMA INFORMATION:ZONE X - AREA OF MINIMAL FLOOD HAZARD - PER FEMA PANEL19013CO194G EFFECTIVE MAY 8, 2024IOWAONE CALL800 / 292-8989TOLL FREECALL - BEFORE - YOU - DIGLEGENDExistingProposedSTTFOEX-W000GOHUTVXSANSTTFOEW000GOHUTVXSAN0120'60'Page 97 of 378 WW20''W 20''W 20''W 20''W STFOFOOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHU30''ST30''ST30''ST30''ST30''ST30''ST30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''STPEN WALL(TYPICAL)12'-0"x 14'-0"OVERHEAD10'-0"x 14'-0"OVERHEAD 8'-0"x 10'-0"OVERHEAD3'-0"x 7'-0"SINGLE 12'-0"x 14'-0"OVERHEAD3'-0"x 7'-0"SINGLE3'-0"x 7'-0" SINGLE 3'-0"x 7'-0" SINGLE 5'-0"x 4'-0" FIXED WINDOW 5'-0"x 4'-0" FIXED WINDOW3'-0"x 7'-0" SINGLE 3'-0"x 7'-0" SINGLE 3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE2'-6"x 7'-0" SHOOT 2'-6"x 7'-0" SHOOT2'-6"x 7'-0" SHOOT 12544422424"Ø SW-512 AREA INTAKEW/ SW-604 TYPE 3B CASTINGRIM = 863.40FL IN (E) = 861.70FL OUT (W) = 861.60EX STORM SEWER MHW/ BEEHIVE CASTINGRIM = 868.87FL OUT (N) = 860.77TAP NEW 15"Ø FL IN (E) = 861.0050 L.F. 15 IN Ø HDPE @ 1.2%10 L.F. 6 IN Ø PVC @ 3.0%FL IN = 862.004' WIDE TOP BERM = 866.00WATER QUALITY ELEV = 863.404:1 SIDE SLOPE (TYP)REQUIRED WQv FOR SITE = 10,704 CU FTWQv STORAGE AVAILABLE @ 863.40 = 11,149 CU FTREQUIRED STORAGE FOR SITE = 37,885 CU FTSTORAGE AVAILABLE @ 865.50 = 38,227 CU FT6SINGLE STORY BUILDINGFFE = 873.00Meter Sensoron PostWater Pit MHRIM: 872.10TOP PIPE: 866.38EX PCC DRIVENORTHIOWAONE CALL800 / 292-8989TOLL FREECALL - BEFORE - YOU - DIGGENERAL SITE NOTES:1.)DIMENSIONS AND RADII ARE REFERENCED TO THE BACK OF CURB OR EDGE OFPAVING, UNLESS OTHERWISE NOTED.2.)ALL PROJECT COMPONENTS THAT FALL WITHIN THE PUBLIC RIGHT-OF-WAYSHALL CONFORM TO LOCAL AND/OR STATE SPECIFICATIONS ANDREQUIREMENTS.3.)CONTRACTOR SHALL SAW CUT EXISTING PAVEMENT TO PROVIDE A CLEAN,STRAIGHT JOINT AND ENSURE POSITIVE DRAINAGE.4.)ALL CONCRETE PAVEMENT SHALL HAVE JOINTS IN ACCORDANCE WITH ACI330R-08, SECTION 3.7 AND APPENDIX C. CONTRACTION JOINTS SHALL BE 1/4 OFTHE SLAB THICKNESS. ISOLATION JOINTS SHALL BE PLACED BETWEENPAVEMENT AND FOUNDATIONS, INLETS, AND OTHER FIXED STRUCTURES.CONTRACTION JOINTS SHALL BE TOOL FINISHED AND SPACED AS FOLLOWS:CURBING: 10'-0" (MAX) SPACINGSIDEWALKS: 5'-0" (MAX) SPACINGVEHICULAR TRAFFIC AREAS: 24 X CONCRETE PAVEMENT THICKNESS (FEET), 15'-0" (MAX) SPACING.REFER TO LOCAL SPECIFICATIONS FOR WORK WITHIN PUBLIC RIGHT-OF-WAY.HATCH LEGENDSITE KEYNOTES:6" PCC PAVEMENT SECTION-REFER TO DETAIL ON SHEET 5 OF 68" PAVEMENT SECTION-REFER TO DETAIL ON SHEET 5 OF 64" PCC SIDEWALK SECTION-REFER TO DETAIL ON SHEET 5 OF 68" CRUSHED ROCK SECTION-REFER TO DETAIL ON SHEET 5 OF 6ADA PAVEMENT MARKINGS-REFER TO DETAIL ON SHEET 5 OF 6DETENTION BASIN & OUTLET STRUCTURE-REFER TO DETAIL ON SHEET 5 OF 612LEGENDExistingProposedX-SANTFOEX-W000GOHUTVXSANSTTFOEW000GOHUTVX3080'40'546102 L.F. 18 IN Ø RCP @ 0.98%FES FL = 869.30FES FL = 870.30Page 98 of 378 ST ST PEN WALL(TYPICAL)12'-0"x 14'-0"OVERHEAD10'-0"x 14'-0"OVERHEAD8'-0"x 10'-0"OVERHEAD3'-0"x 7'-0"SINGLE12'-0"x 14'-0"OVERHEAD3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE5'-0"x 4'-0"FIXEDWINDOW5'-0"x 4'-0"FIXEDWINDOW3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE2'-6"x 7'-0"SHOOT2'-6"x 7'-0"SHOOT2'-6"x 7'-0"SHOOT872.60 872.40 872.71872.84 869.20 868.75 868.50869.20 872.90 872.50872.60 871.30871.68 867.60 868.60 868.58 867.70 869.47 872.50 872.40 873.00 873.26 872.80 872.85 872.17 872.12 872.18 871.98 872.28 871.50 871.00 871.27 870.00 869.00 868.10 869.10 867.73 868.00 869.60 869.11 872.50 -1 . 3%-0.6%-0.6%-0.6%-0.3%-1.6% -1.0%-0.4%-1.6%-0.6%-4.4% -2.8% -1.9% 0.6% -2.4% -2.0% -4.4%-8.2%-1.5% -1.9%-0.6%-1.0%-0.6%872.25 872.00 -5.8:1-4.4:1 -4.3:1-1.8%-0.5%-0.5% 869 870870 871 872 870869868 868869 870871872873 8708698698688698 7 0 8 6 8 8 6 8 872871870869868869 872871870869872 871 870 868 866 866 868 867869867868869868872873872871870868866865864863862862863865866867870868865863862862863865866TRUCK DOCK R45.0' R25.0' 55.0' 20.0' 48.0'12.0'10.0' 64.0'52.0'45.0'56.5'19.0'9.0' 9.0' 18.0'28.0'R45.0 ' R 4 5 . 0 'R35.5'R35.0' R35.0' R45. 0' NORTH 0 40'20' Page 99 of 378 8" PCC6" MODIFIED SUBBASETYPICAL 8" PCC SECTION25SCALE - NTS50' MIN.50' MIN.FULLROADWAYWIDTH20' MIN. SITE. WASHING OF PUBLIC ROADWAYS IS NOT PERMITTED.NO SCALEROCK CONSTRUCTION ENTRANCE DEPOSITED ON PUBLIC ROADWAYS SHALL BE REMOVED AND RETURNED TO THE CONSTRUCTION ACCESSIBLE FOR THIS PURPOSE. AT THE END OF EACH CONTRUCTION DAY, ALL SEDIMENT BY ADDING ROCK. A STOCKPILE OF ROCK SHALL BE MAINTAINED ON THE SITE OR BE READILYNOTE: THE STRUCTURE'S THICKNESS SHALL BE CONSTANTLY MAINTAINED TO THE SPECIFIED DIMENSIONPLANPROFILEEDGE OFEXISTINGPAVEMENTPROVIDE SUFFICIENT AREAFOR CONSTRUCTION VEHICLETURNSIDOT CLASS 4 GEOTEXTILE(WHERE REQ. BY SUBGRADE CONDITIONS)EXISTINGPAVEMENTAASHTO NO. 1COARSE AGGREGATE8" DEPTH (MIN)EXIST. GRADEPOST SPACING (5'-0" MAX.)SEE NOTE 3 SEE NOTE 5SEE NOTE 1 SEE NOTE 4 TYPICAL SILT FENCE DITCH CHECKPOSTWIRE ORCABLE TIES.SEE NOTE 5GENERAL NOTES:INSTALL SILT FENCE ACCORDING TO IDOT STANDARD ROAD PLANS RC-16 &RC-17 AND AT THE LOCATIONS SHOWN IN THE CONTRACT DOCUMENTS OR ASDIRECTED BY THE ENGINEER.1. INSERT 12IN. OF FABRIC A MINIMUM OF 6IN. DEEP (FABRIC MAY BE FOLDEDBELOW THE GROUND LINE)2. COMPACT GROUND BY DRIVING ALONG EACH SIDE OF THE SILT FENCE ASREQUIRED TO SUFFICIENTLY SECURE THE FABRIC IN THE TRENCH TO PREVENTPULLOUT AND FLOW UNDER THE FENCE.3. IN DITCHES, EXTEND SILT FENCE UP SIDE SLOPE SO THE BOTTOM ELEVATIONAT THE END OF THE FENCE IS A MINIMUM OF 2IN. HIGHER THAN THE TOP OFTHE FENCE IN THE LOW POINT OF THE DITCH.4. STEEL POSTS ARE TO BE EMBEDDED 20IN.5. SECURE TOP OF ENGINEERING FABRIC TO STEEL POSTS USING WIRE ORPLASTIC TIES (50LB MIN.).INSTALL PARALLEL TOGROUND CONTOURINSTALL "J-HOOK" AT EACH END OF ANINDIVIDUAL SECTION OF SILT FENCE.907906905904903902ATTACHMENT TO POST200' MAX. LENGTH PER SECTIONTYPICAL SILT FENCE INSTALLATION ON LONGITUDINAL SLOPESSEE PLANS FOR SPACINGFABRICFLOWSEE NOTE 1SEE NOTE 4SEE NOTE 1SEE NOTE 2GROUND LINE'T' STEEL FENCE POSTTYPICAL SILT FENCE INSTALLATION ON LONGITUDINAL SLOPESSEE NOTE 1 24"8'-0" SPACINGDETAILS OF SILT FENCE ON LONGITUDINAL SLOPESREDUCE POST SPACING TO 5'-0" AT WATER CONCENTRATION AREAS,OR AS REQUIRED TO ADEQUATELY SUPPORT FENCE.36"SEE NOTE 4SEE NOTE 5VARIABLE (20' FOR A NORMAL 10' WIDE DITCHCOMPACTED SUBGRADE4" PCC4" MODIFIED SUBBASETYPICAL SIDEWALK SECTION35SCALE - NTSCOMPACTED SUBGRADEWATER QUALITY BASIN CONTROLLED RELEASE RATE STRUCTURE65SCALE - NTSIDOT SW-604 TYPE 4C GRATENOT TO SCALEIDOT SW-512- 24"Ø24"OVERFLOW ELEV = 865.50INV = 861.6015"Ø HPDE10 L.F. 6"Ø HDPEPIPE @ 3.0%INLET ELEV = 863.40TOP BERM = 866.0050 L.F. 15" HDPE @ 1.2%POND SIDECONTROLLED RELEASE RATEINTAKE DETAIL42"Ø PRECAST BASE3" SAND SUBBASEORIFICE PLATE DETAILSNOT TO SCALE18" DIA. x 1/4" THICK STEEL PLATE(BOLT TO INSIDE OF INTAKE)TO BE HOT DIP GALVANIZED AFTERFABRICATION (OR APPROVED EQUAL)9.48" X 9.48" FOR SQUAREOPENING OR 10.69" DIAFOR CIRCULAR OPENINGBOTTOM OF ORIFICE OPENINGTO MATCH FL OF PIPEORIFICE PLATE FOR15"Ø HDPE PIPEOPEN FOR DRAINAGEMACADAM STONE (IDOT 2210)BASE OF STONE = 3' DIAENGINEERING FABRICAT BASE OF STONEBOTTOM POND = 862.0012"INSTALL END CAP W/ 3.36"HOLE PER MANUFACTURER.FL = 862.00FL = 861.70INSTALL OFIFICE PLATE(SEE DETAIL)8" CRUSHED ROCKGEOTEXTILE UNDERLAYMENT MATTYPICAL CRUSHED ROCK SECTION45SCALE - NTSCOMPACTED SUBGRADE6" PCC6" MODIFIED SUBBASETYPICAL 6" PCC SECTION15SCALE - NTSCOMPACTED SUBGRADEPage 100 of 378 WWSTFOFOOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHU30''ST30''ST30''ST30''ST30''ST30''ST30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''ST 30''STPEN WALL(TYPICAL)12'-0"x 14'-0"OVERHEAD10'-0"x 14'-0"OVERHEAD 8'-0"x 10'-0"OVERHEAD3'-0"x 7'-0"SINGLE 12'-0"x 14'-0"OVERHEAD3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE5'-0"x 4'-0"FIXEDWINDOW5'-0"x 4'-0"FIXEDWINDOW3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE 3'-0"x 7'-0"SINGLE3'-0"x 7'-0"SINGLE2'-6"x 7'-0"SHOOT2'-6"x 7'-0"SHOOT2'-6"x 7'-0"SHOOT EX PCC DRIVEN ELK RUN ROADSOIL STOCKPILE AREA130 SQ YD STABILIZEDCONSTRUCTION ENTRANCESWPPP MAILBOXPORTABLE RESTROOMSILT FENCEDITCH CHECK (TYP)SILT FENCEDITCH CHECK (TYP)SILT FENCEDITCH CHECK (TYP)INLET PROTECTIONSILT FENCEDITCH CHECK (TYP)SILT FENCEDITCH CHECK (TYP)DISTURBED AREA = 4.5 ACSILT FENCEDITCH CHECKCONCRETE WASHOUT120 L.F. SILT FENCE220 L.F. SILT FENCE300 L.F. SILT FENCENORTHLEGENDExistingProposedX-SANX-STTFOEX-W000GOHUTVXSANSTTFOEW000GOHUTVXEROSION CONTROL NOTES:1.)THE SWPPP PLAN IS CONSIDERED TO BE A LIVE DOCUMENT. THE CONTRACTOR SHALL BERESPONSIBLE FOR DETERMINING THE LOCATION ON THE PROJECT SITE, INSTALLING, ANDUPDATING LOCATION ON THIS PLAN OF THE THE FOLLOWING ITEMS:·SPILL KIT·STABILIZED CONSTRUCTION ENTRANCE·CONSTRUCTION MATERIALS AND EQUIPMENT STORAGE AREA·SOIL AND TOPSOIL STOCKPILE AREA·PORTABLE TOILETS- SHALL BE STAKED DOWN·WASTE DISPOSAL AREA·CONCRETE WASHOUT AREA2.)EROSION AND SEDIMENT CONTROLS SHALL BE INSTALLED, MAINTAINED, AND REMOVED INACCORDANCE WITH SUDAS SECTION 9040 AND THE FOLLOWING FIGURES:·COMPOST BLANKET: FIGURE 9040.101·FILTER BERM AND FILTER SOCK: FIGURE 9040.102·WATTLE FIGURE 9040.105·SILT FENCE: FIGURE 9040.119 AND IDOT EC-201·STABILIZED CONSTRUCTION ENTRANCE: FIGURE 9040.120·INTAKE PROTECTION: IDOT STANDARD ROAD PLAN EC-2043.)PRE-CONSTRUCTION STAGE SWPPP MANAGEMENT CONTROLS SHALL REMAIN THROUGHPROJECT COMPLETION.GENERAL SWPPP NOTES:1.)EROSION AND SEDIMENT CONTROL PRACTICES SHALL CONFORM TO THE STANDARDS SET FORTHBY LOCAL, STATE, AND FEDERAL AUTHORITIES.2.)THE SOIL EROSION CONTROLS SHALL BE INSPECTED WEEKLY AND WITHIN 24 HOURS OF ANY 0.25INCH (OR GREATER) RAIN EVENT. A WRITTEN LOG OF THESE INSPECTIONS AND IMPROVEMENTSTO SITE CONTROLS SHALL BE KEPT ON-SITE. THESE LOGS SHALL INCLUDE THE DATE OFINSPECTION, NAME OF INSPECTOR, OBSERVED WEATHER CONDITIONS, CORRECTIVE ACTIONSTAKE TO CORRECT EXISTING PROBLEMS AND THE DATE THAT THE ACTIONS TOOK PLACE.3.)TEMPORARY SOIL STABILIZATION SHALL OCCUR IMMEDIATELY AFTER ROUGH GRADING IF THEAREA IS TO REMAIN IDLE LONGER THAT 14 DAYS. ANY DISTURBED AREA THAT WILL NOT BEWORKED ON WITHIN THE NEXT 14 DAYS MUST BE SEEDED AND MULCHED.4.)SITE CLEANUP WILL BE DONE IN A MANNER THAT ENSURES THAT EROSION CONTROL MEASUREDARE NOT DISTURBED.5.)CONSTRUCTION ACTIVITIES SHALL BE SCHEDULED TO REDUCE THE AMOUNT OF DISTURBED AREAAT ANY POINT IN TIME. OPERATIONS SHALL BE SCHEDULED AND PERFORMED ENSURING THATPREVENTATIVE SOIL EROSION CONTROL MEASURES ARE IN PLACE PRIOR TO EXCAVATION INCRITICAL AREAS. OPERATIONS SHALL BE SCHEDULED AND PERFORMED TO ENSURE TEMPORARYSTABILIZATION MEASURES ARE IN PLACE IMMEDIATELY FOLLOWING BACKFILLING OPERATIONS.CONTRACTOR SHALL REDUCE EFFECTS OF STORM WATER BY USING BEST MANAGEMENTPRACTICES LAID OUT IN SUDAS SECTION 9040.6.)TRENCHES FOR UNDERGROUND UTILITY LINES AND PIPES SHALL BE TEMPORARILY STABILIZEDWITHIN 7 DAYS IF THEY ARE TO REMAIN INACTIVE FOR 14 DAYS. TRENCH DE-WATERING DEVICESSHALL DISCHARGE IN A MANNER THAT FILTERS SOIL-LADEN WATER BEFORE DISCHARGING IT TO ARECEIVING DRAINAGE DITCH OR POND. IF SEEDING, MULCHING OR OTHER EROSION ANDSEDIMENT CONTROL MEASURES WERE PREVIOUSLY INSTALLED; THESE PROTECTIVE MEASURESSHALL BE REINSTALLED. PIPELINES WITH JOINTS THAT ALLOW A MANUFACTURED LENGTH OF PIPETO BE PLACED IN THE TRENCH WITH THE PIPE JOINT ASSEMBLED/MADE IN THE TRENCH REQUIREAN OPEN PIPELINE TRENCH THAT IS ONLY SLIGHTLY LONGER THAN THE LENGTH OF THE PIPEBEING INSTALLED. THE TOTAL LENGTH OF EXCAVATED TRENCH OPEN AT ANY TIME SHOULD NOTBE GREATER THAN THE TOTAL LENGTH OF PIPELINE/UTILITY THAT CAN BE PLACED IN THE TRENCHAND BACKFILLED IN ONE WORKING DAY. NO MORE THAN 50 LINEAR FEET OF OPEN TRENCHSHOULD EXIST WHEN PIPELINE/UTILITY LINE INSTALLATION CEASES AT THE END OF THE WORKDAY.7.)WHEN USING CONSTRUCTION EQUIPMENT PRECAUTIONS SHALL BE TAKEN TO ENSURE THAT THEYARE NOT PROMOTING SOIL EROSION.8.)SILT FENCE SHALL BE A MINIMUM 2 FEET FROM THE PROPERTY LINE IN ARES WHERE WORK ISNEAR ADJACENT PROPERTIES.9.)ALL DISTURBED AREAS SHALL BE PERMANENTLY STABILIZED IMMEDIATELY AFTER FINAL GRADING.EROSION CONTROL MEASURES SHALL BE MAINTAINED UNTIL PERMANENT STABILIZATION ISCOMPLETED, AT WHICH POINT TEMPORARY MEASURES SHALL BE REMOVED. PERMANENTVEGETATION IS A GROUND COVER THAT IS DENSE ENOUGH TO COVER 80% OF THE SOIL SURFACEAND MATURE ENOUGH TO SURVIVE WINTER WEATHER CONDITIONS.10.)THE CONTRACTOR IS RESPONSIBLE FOR ESTABLISHING A PERMANENT ON-SITE BENCHMARKPRIOR TO CLEARING, GRUBBING, AND/OR DEMOLITION ACTIVITIES.11.)NO SOLID OR LIQUID WASTE SHALL BE DISCHARGED INTO THE STORM-WATER RUNOFF.12.)SOLID, SANITARY, AND TOXIC WASH SHALL BE DISPOSED OF IN A PROPER MANNER INACCORDANCE WITH LOCAL, STATE, AND FEDERAL REGULATIONS. BURNING, BURYING, POURINGONTO GROUND, OR INTO STORM SEWER ARE ALL PROHIBITED ACTIONS. ITEMS INCLUDE, BUT ARENOT LIMITED TO SOLVENTS, PAINTS, STAINS, GASOLINE, DIESEL FUEL, USED MOTOR OIL,HYDRAULIC FLUID, ANTIFREEZE, CEMENT CURING COMPOUNDS AND OTHER SUCH TOXIC ORHAZARDOUS WASTE.13.)WASH OUT OF READY-MIX CONCRETE TRUCKS SHOULD OCCUR IN THE DESIGNATED AREA WHERETHE WASHING CAN COLLECT AND BE 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 REQUIRED BY THE IOWA DNR.CONSTRUCTION SEQUENCE:1.)INSTALL SILT FENCE AND EXISTING INTAKE PROTECTION.2.)INITIAL DEMOLITION.3.)INSTALL FRANCHISE UTILITIES (GAS, ELECTRIC, TELEPHONE, CABLE TV, ETC.)4.)FINAL GRADE SITE.5.)INSTALL PAVEMENT, CURB, AND OTHER HARDSCAPES.6.)ESTABLISH PERMANENT VEGETATION IN ALL DISTURBED AREAS.7.)REMOVE ALL TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES.LEGEND4.)IN THE EVENT OF AN INFILTRATION BASIN ON SITE, THE BASIN SHALL NOT BE USED FORSEDIMENTATION PURPOSES DURING CONSTRUCTION.5.)REFER TO GRADING PLAN FOR PERMANENT DRAINAGE FEATURES ON SITE.6.)ALL SLOPES 4:1 AND STEEPER ARE REQUIRED TO USE SEED MATTING OR OTHERAPPROVED METHODS (REFER TO SUDAS SECTION 9040 FOR THE APPROPRIATEAPPLICATION).7.)EMPLOYEE PARKING AND CONSTRUCTION STAGING AREAS SHALL BE STABILIZED DURINGCONSTRUCTION (ROCK OR OTHER OWNER APPROVED METHOD).8.)SITE STABILIZATION: DISTURBED AREAS THAT HAVE CEASED TEMPORARILY ORPERMANENTLY (WHERE WORK WILL NOT RESUME FOR A PERIOD EXCEEDING 14 CALENDARDAYS) SHALL BE STABILIZED IMMEDIATELY. ONCE WORK IS COMPLETED THE AREA SHALLRECEIVE FINAL STABILIZATION.9.)CONCRETE WASHOUT AND OTHER NON-STORM RELATED WASTE WATER SHALL BECOLLECTED AND DISPOSED OF PROPERLY.10.)CONTRACTOR SHALL BE RESPONSIBLE FOR REMOVING ALL EXCESS MATERIALS FROM THESITE AND DISPOSING OF THEM IN AN APPROVED MANNER AT THEIR EXPENSE.080'40'Page 101 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bridgett Wood, Finance Director Finance Department October 5, 2026 AGENDA ITEM TITLE Resolution setting date of public hearing as October 19, 2026, on the proposal to enter into a Real Estate Contract with LMJ Investment Properties, LLC, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. LMJ Investment Properties, LLC - Letter (1st Set) 2. LMJ Investment Properties, LLC - Resolution Setting Date Page 102 of 378 3. LMJ Investment Properties, LLC - Notice of Public Hearing 4. LMJ Investment Properties, LLC - Certificate of Publishers Affidavit Page 103 of 378 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Jenna H.B. Sabroske 515.246.0328 jsabroske@ahlerslaw.com September 22, 2026 Letter, and all enclosures sent via e-mail Bridgett Wood, Finance Director City of Waterloo, Iowa 715 Mulberry St. Waterloo, Iowa 50703 RE: City of Waterloo – Real Estate Contract with LMJ Investment Properties, LLC – Resolution Fixing Date for a Public Hearing (October 5, 2026) Dear Bridgett: Enclosed are the prepared proceedings to be acted upon by the Council to fix the date for a public hearing on the proposal to enter into a Real Estate Contract with LMJ Investment Properties, LLC. Note: The enclosed documents were drafted based on information current as of the date of this letter. If material changes are made to the Agreement after the approval procedures have begun, the enclosed documents may not be effective. Accordingly, the Notice of Public Hearing may have to be re-published for a later meeting. Resolution Fixing Public Hearing Date The enclosed Resolution sets the date of a public hearing on the Real Estate Contract for October 19, 2026, and orders the related publication of the Notice of Public Hearing. You should provide the City Council with a copy of the Real Estate Contract in the materials for the meeting. Notice of Public Hearing The Notice of Public Hearing must be published at least once in a local newspaper. The Notice of Public Hearing must be published not less than 4 nor more than 20 days prior to the date of the public hearing. Please let us know immediately if the Notice of Public Hearing is not published at least 4 days prior to October 19, 2026. Documentation to Return Please return a completed copy of the proceedings to our office. After publication in the newspaper, please return a completed copy of the publisher’s affidavit certificate(s) for the Notice of Public Hearing to our office. Documents may be returned to us by e-mail or postal mail. Please note that any original documents physically mailed to us for our transcript file Page 104 of 378 Page 2 will be mailed back to the City after we have made electronic copies of the documents, as we anticipate storing all records related to this matter only in an electronic format. If you have any questions, please do not hesitate to contact me. Ahlers & Cooney, P.C. Sincerely, By: Jenna H.B. Sabroske JHBS: mp cc: Martin Petersen, City Attorney Enclosures: Agenda Items with Resolution; Notice of Public Hearing; Certificate of Publisher’s Affidavit of Publication 4926-2899-2722-1\11310-187 Page 105 of 378 i ITEM TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA October 5, 2026 5:30 P.M. • Resolution setting the date for a public hearing on the proposal to enter into a Real Estate Contract with LMJ Investment Properties, LLC IMPORTANT INFORMATION 1. The above agenda items should be included, along with any other agenda items, in the meeting agenda. The agenda should be posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting. If no such office exists, the notice must be posted at the building in which the meeting is to be held. 2. If you do not now have a bulletin board designated as above mentioned, designate one and establish a uniform policy of posting your notices of meeting and tentative agenda. 3. Notice and tentative agenda must be posted at least 24 hours prior to the commencement of the meeting. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 106 of 378 ii October 5, 2026 The City Council of the City of Waterloo in the State of Iowa, met in _______________ session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at 5:30 P.M., on the above date. There were present Mayor _______________, in the chair, and the following named Council Members: ______________________________________________ ______________________________________________ Absent: _______________________________________ * * * * * * * * * Council Member ____________________ then introduced the following proposed Resolution entitled "RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON THE PROPOSAL TO ENER INTO A REAL ESTATE CONTRACT WITH LMJ INVESTMENT PROPERTIES, LLC", and moved that the same be adopted. Council Member ____________________ seconded the motion to adopt. The roll was called and the vote was, AYES: _______________________________________________ _______________________________________________ NAYS: _______________________________________________ WHEREUPON, the Mayor declared the resolution duly adopted as follows: Page 107 of 378 1 RESOLUTION NO. ______________ RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON THE PROPOSAL TO ENTER INTO A REAL ESTATE CONTRACT WITH LMJ INVESTMENT PROPERTIES, LLC WHEREAS, the City of Waterloo, Iowa desires to purchase certain real estate (the "Real Estate") from LMJ Investment Properties, LLC (the "Sellers"), pursuant to the terms of a proposed Real Estate Contract, which Real Estate Contract proposes that the Sellers would sell the Real Estate to the City for a purchase price of $1,650,000 to be paid in two installments, which Real Estate is legally described as follows: Lots Nos. 1, 4, 5, 6, 7, 8, 9 and 10; and the Southwesterly 30.65 feet of Lot No. 3; all in Block No. 2 in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Iowa [legal description to be confirmed by abstract and/or survey] WHEREAS, because the Iowa Code does not set forth any procedural action to be taken before a city enters into an installment contract for the purchase of real estate, pursuant to Section 364.6, Code of Iowa, it is deemed sufficient if the action hereinafter described be taken and the City Clerk publish notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WATERLOO IN THE STATE OF IOWA: Section 1. That this Council shall hold a public hearing at its meeting which begins at 5:30 P.M. on October 19, 2026, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa for the purpose of taking action on the matter of the proposal to enter into a Real Estate Contract with LMJ Investment Properties, LLC, pursuant to the terms and conditions of the proposed Real Estate Contract. Section 2. That the City Clerk is hereby directed to cause at least one publication of a notice of said public hearing in a newspaper published at least once weekly and having general circulation in said City, said publication to be not less than four (4) clear days nor more than twenty (20) days before the date of said public meeting. Section 3. The notice of the public hearing and proposed action shall be in substantially the following form: Page 108 of 378 2 (One publication required) NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF WATERLOO IN THE STATE OF IOWA, ON THE MATTER OF THE PROPOSAL TO ENTER INTO A REAL ESTATE CONTRACT WITH LMJ INVESTMENT PROPERTIES, LLC, AND THE HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Waterloo in the State of Iowa, will hold a public hearing before itself at its meeting that commences at 5:30 P.M. on October 19, 2026, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take action on the proposal to purchase certain real estate (the "Real Estate") from LMJ Investment Properties, LLC (the "Sellers"), pursuant to the terms of a proposed Real Estate Contract, which Real Estate Contract proposes that the Sellers would sell the Real Estate to the City for a purchase price of $1,650,000 to be paid in two installments, which Real Estate is generally described as follows: Lots Nos. 1, 4, 5, 6, 7, 8, 9 and 10; and the Southwesterly 30.65 feet of Lot No. 3; all in Block No. 2 in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Iowa A copy of the Real Estate Contract is on file for public inspection during regular business hours in the office of the City Clerk, City Hall, City of Waterloo, Iowa. At the time and place set for the public hearing, interested individuals will be given the opportunity to express their views, both orally and in writing, on the proposed conveyance and proposed Real Estate Contract. After all objections have been received and considered, the Council may at this meeting or at any adjournment thereof, take additional action to approve the Real Estate Contract or to modify the Real Estate Contract, or may abandon the proposal to authorize said Real Estate Contract. This notice is given by order of the City Council of the City of Waterloo in the State of Iowa, as provided by Iowa Code Section 364.6. Dated this __________ day of _______________, 2026. City Clerk, City of Waterloo in the State of Iowa (End of Notice) Page 109 of 378 3 PASSED AND APPROVED this 5th day of October, 2026. Mayor ATTEST: City Clerk Page 110 of 378 CERTIFICATE STATE OF IOWA COUNTY OF BLACK HAWK ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of public hearing and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this _____ day of __________, 2026. (SEAL) City Clerk, City of Waterloo, State of Iowa 4931-9422-3314-1\11310-187 Page 111 of 378 (One publication required) NOTICE OF PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF WATERLOO IN THE STATE OF IOWA, ON THE MATTER OF THE PROPOSAL TO ENTER INTO A REAL ESTATE CONTRACT WITH LMJ INVESTMENT PROPERTIES, LLC, AND THE HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Waterloo in the State of Iowa, will hold a public hearing before itself at its meeting that commences at 5:30 P.M. on October 19, 2026, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take action on the proposal to purchase certain real estate (the "Real Estate") from LMJ Investment Properties, LLC (the "Sellers"), pursuant to the terms of a proposed Real Estate Contract, which Real Estate Contract proposes that the Sellers would sell the Real Estate to the City for a purchase price of $1,650,000 to be paid in two installments, which Real Estate is generally described as follows: Lots Nos. 1, 4, 5, 6, 7, 8, 9 and 10; and the Southwesterly 30.65 feet of Lot No. 3; all in Block No. 2 in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Iowa A copy of the Real Estate Contract is on file for public inspection during regular business hours in the office of the City Clerk, City Hall, City of Waterloo, Iowa. At the time and place set for the public hearing, interested individuals will be given the opportunity to express their views, both orally and in writing, on the proposed conveyance and proposed Real Estate Contract. After all objections have been received and considered, the Council may at this meeting or at any adjournment thereof, take additional action to approve the Real Estate Contract or to modify the Real Estate Contract, or may abandon the proposal to authorize said Real Estate Contract. This notice is given by order of the City Council of the City of Waterloo in the State of Iowa, as provided by Iowa Code Section 364.6. Dated this __________ day of _______________, 2026. City Clerk, City of Waterloo in the State of Iowa (End of Notice) 4906-0176-7890-1\11310-187 Page 112 of 378 CERTIFICATE OF PUBLISHER'S AFFIDAVIT OF PUBLICATION STATE OF IOWA COUNTY OF BLACK HAWK ) ) SS ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the ______________, a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: ____________________, 2026. WITNESS my official signature at Waterloo, Iowa, this __________ day of _______________, 2026. (SEAL) City Clerk, City of Waterloo, State of Iowa 4928-7263-9186-1\11310-187 Page 113 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution setting date of public hearing as October 19, 2026, to approve a request by A-Line EDS for a Site Plan Amendment in the “M-2,P” Planned Industrial District on Lot 9 of Waterloo Air and Rail Park 4th Addition, located south-east of 4050 Leversee Road, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting a site plan amendment to construct a 50,400 square foot warehouse building in phase 1 and another 50,400 square foot building in phase 2. The buildings will be constructed at the southwest corner of Hyper Drive and Warp Drive in the Waterloo Air and Rail Park 4th Addition. The project is located southeast of the CPM facility at 4050 Leversee Road. The City of Waterloo has many projects in the Waterloo Air and Rail Park, including International Paper, CPM, Magnum Trucking, among many others, and this project continues the success of the industrial park. For the Phase 2 building, the applicant is showing options of facing the building toward Hyper Drive or toward Warp Drive, depending on what is determined to work best. The buildings will be metal buildings with two large overhead doors facing Hyper Drive and two smaller doors near the center of the building, along with multiple doors for employees to enter the building. The south side of the building will have a roll-up door along with 3 employee doors. The east and west sides of the building will each have one employee door. The building will primarily be a light beige in color with a darker accent color. Parking requirements for the use are one space for every two employees regularly employed on the premises. The site plan is showing 36 spaces per building. NEIGHBORHOOD IMPACT The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The proposed site will be served by Hyper Drive, which is a local street. DATA, ANALYSIS, AND STRATEGIES Page 114 of 378 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing will be held. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 9 of Waterloo Air and Rail Park 4th Addition, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Site Plan Amendment - Aline Page 115 of 378 TO: Planning, Programming, and Zoning Commission PREPARER: John Dornoff, Planner II PZ MEETING DATE: April 14, 2026 SUBJECT: Site Plan Amendment to the “M-2,P” Planned Industrial District for a new 50,400-square-foot warehouse building and a 50,400- square-foot phase two building. APPLICANT: A-Line EDS LOCATION: SE of 4050 Leversee Road. SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: The request to construct the new warehouse building would not appear to have a negative impact upon the surrounding area, as it would appear to be compatible with other industrial development in the area. Page 116 of 378 VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The proposed site will be served by Hyper Drive, which is a local street. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: There are no recreational trails located near the site, and there are no sidewalks in the area. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area in question has been zoned “M-2,P” Planned Industrial District since being rezoned from “A-1” Agricultural District by Ordinance 4077 on March 13, 1995. Surrounding land uses and their zoning designations are as follows: North, South, East, and West – Industrial and vacant land zoned “M-2,P” Planned Industrial District. Page 117 of 378 DEVELOPMENT HISTORY: The surrounding area consists of industrial built in the last 10 years. PUBLIC /OPEN SPACES/ SCHOOLS: There is no schools or open spaces in the immediate vicinity. DRAINAGE: It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. FLOODPLAIN: No portion of the property is located within a flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0303F, dated July 18, 2011. There is 500 year flood plain located to the west and southwest of the property. Page 118 of 378 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. There is a 12-inch sanitary sewer line in WARP Drive and in Hyper Drive. There is an 18-inch storm sewer located in Hyper Drive. Water mains are located in both WARP Drive and Hyper Drive. There is a 36’ drainage easement along the southern property line. Page 119 of 378 Page 120 of 378 Option 1 for phase 2. Page 121 of 378 Option 2 for phase 2 Page 122 of 378 Page 123 of 378 Picture 1: Looking south from Hyper Drive. Picture 2: Looking northwest toward the CPM site. Page 124 of 378 Picture 3: Looking southeast from Hyper Drive at site in question. Picture 4: Looking west along Hyper Drive toward Leversee Road. Page 125 of 378 Picture 5: Looking north toward new construction in the industrial park. STAFF ANALYSIS – ZONING ORDINANCE The site plan amendment meets all the requirements of the Zoning Ordinance, including the bulk requirements. STAFF ANALYSIS – SUBDIVISION ORDINANCE The applicants are not looking to subdivide the property at this time. STAFF ANALYSIS – SITE ANALYSIS: The applicant is requesting a site plan amendment to construct a 50,400 square foot warehouse building in phase 1 and another 50,400 square foot building in phase 2. The buildings will be constructed at the southwest corner of Hyper Drive and Warp Drive in the Waterloo Air and Rail Park 4th Addition. The project is located southeast of the CPM facility at 4050 Leversee Road. The City of Waterloo has many projects in the Waterloo Air and Rail Park, including International Paper, CPM, Magnum Trucking, among many others, and this project continues the success of the industrial park. For the Phase 2 building, the applicant is showing options of facing the building toward Hyper Drive or toward Warp Drive, depending on what is determined to work best. Page 126 of 378 STAFF ANALYSIS – SIDE ELEVATIONS The buildings will be metal buildings with two large overhead doors facing Hyper Drive and two smaller doors near the center of the building, along with multiple doors for employees to enter the building. The south side of the building will have a roll-up door along with 3 employee doors. The east and west sides of the building will each have one employee door. The building will primarily be a light beige in color with a darker accent color. STAFF ANALYSIS – PARKING Parking requirements for the use are one space for every two employees regularly employed on the premises. The site plan is showing 36 spaces per building. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. TECH REVIEW COMMITTEE TBD PLANNING, PROGRAMMING AND TBD Page 127 of 378 ZONING COMMISSION STAFF RECOMMENDATION: Therefore, staff recommends that the request by A-Line EDS for site plan amendment for a new 50,400-square-foot warehouse building and a 50,400-square-foot phase two building in the “M-2,P” Planned Industrial District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Page 128 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution setting date of public hearing as October 19, 2026, to approve a request by the City of Waterloo to vacate 959 square-feet of city-owned right-of-way in the “C-2” Commercial District and “R-2” One and Two-Family Residence District, located at 1130 Ansborough Avenue, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is proposing to vacate 959 square feet of unused city-owned right-of-way. There are two tracts that are being requested to be vacated. The two tracts are on either side of a portion of the alley that was vacated in July of 1970 by Ordinance #2533. The portion to be vacated north of the previously vacated portion will be Tract 1. The portion of the alley to be vacated that is south of the previously vacated portion will be Tract 2. These two sections are not needed as alley right-of-way. An easement will be kept as there are overhead utility lines running through the area to be vacated. NEIGHBORHOOD IMPACT The request to vacate 959 square feet of city-owned right-of-way would not appear to have a negative impact upon the surrounding area as the portion of right-of-way to be vacated is not a functioning alley, and a portion of the alley was previously vacated. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The Planning, Programming and Zoning Commission will be hearing the request at their regular meeting scheduled for October 13, 2026 SOURCE OF EXPENDITURES N/A Page 129 of 378 ALTERNATIVE ACTION LEGAL DESCRIPTION That portion of the alley in Block 17, Downing Place, City of Waterloo, Black Hawk County, Iowa, lying South of line between a point on the West line of Lot 16 that is 12 feet south of the Northwest corner of Lot 16 and a point on the East line of Lot 11 that is 58 feet north of the Northeast corner of Lot 12 and lying North of a line between a point on the West line of Lot 16 that is 57 feet north of the Southwest corner of Lot 15 and a point on the East line of Lot 12 that is 41 feet north of the Southeast corner of Lot 12. AND That portion of the alley in Block 17, Downing Place, City of Waterloo, Black Hawk County, Iowa, lying South of a line between the Northeast corner of Lot 13 and the Northwest corner of Lot 14 and lying North of a line between the Southeast corner of Lot 13 and the Southwest corner of Lot 14. ATTACHMENTS 1. 1130 Ansborough Ave Vacate Staff Report 2. Map of portions to be vacated Page 130 of 378 TO: Planning, Programming, and Zoning Commission PREPARER: Joseph Geilman, Planner I PZ MEETING DATE: October 13, 2026 REQUEST: Vacate 959 square feet of city-owned right-of-way in the “C-2” Commercial District and “R-2” One and Two Family Residence District located at 1130 Ansborough Avenue APPLICANT: City of Waterloo LOCATION: 1130 Ansborough Avenue SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: The request to vacate 959 square feet of city-owned right-of-way would not appear to have a negative impact upon the surrounding area as the portion of right-of-way to be vacated is not a functioning alley, and a portion of the alley was previously vacated. Page 131 of 378 VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: The vacation request would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area, as the area is not used as an alley. The site is served by Ansborough Avenue, which is a Minor Arterial, and is adjacent to University Avenue, which is a Principal Arterial. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: There are no recreational trails located near the site. There are sidewalks located along University Avenue. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: When a portion of right-of-way is vacated, it is automatically zoned to match the zoning districts it is adjacent to. The north portion to be vacated will be zoned “C-2” Commercial District if the vacation request is approved. The south portion to be vacated would be zoned “R-2” One and Two Family Residence District, however, the city has applied for a rezone request to change the zoning of the adjacent property, and this portion of the area to be vacated, to the “C-2” Commercial District. Surrounding land uses and their zoning designations are as follows: North – Residential and commercial uses, zoned “C-2” Commercial District. Page 132 of 378 South – University Avenue and residential uses, zoned “R-2” One and Two Family Residence District. East – Ansborough Avenue, commercial and residential uses, zoned “C-2” Commercial District and “R-2” One and Two Family Residence District. West – Commercial and residential uses, zoned “C-2” Commercial District and “R-2” One and Two Family Residence District. DEVELOPMENT HISTORY: The surrounding area consists of commercial uses, built between 1965 and 1993, and residential uses, built between 1939 and 1947. PUBLIC /OPEN SPACES/ SCHOOLS: Fred Becker Elementary School is approximately 2,500 feet to the west of the site in question. The Katoski Greenbelt is approximately 1,800 feet to the south of the site in question. FLOODPLAIN: No portion of the property is located within a flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0282F, dated July 18, 2011. DRAINAGE: A stormwater detention plan will not be needed for this request. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. There is a 10” private storm sewer line running through the area to be vacated. There is also an 18” sanitary sewer line, a 12” water main, and a 72” storm sewer line running along Ansborough Avenue. There is a 42” storm sewer line and an 8” sanitary sewer line running along University Avenue. There are also overhead utility lines running through the area to be vacated, so an easement will be retained. STAFF ANALYSIS – SITE ANALYSIS: The applicant is proposing to vacate 959 square feet of unused city- owned right-of-way. There are two tracts that are being requested to be vacated. The two tracts are on either side of a portion of the alley that was vacated in July of 1970 by Ordinance #2533. The portion to be vacated north of the previously vacated portion will be Tract 1. The portion of the alley to be vacated that is south of the previously vacated portion will be Tract 2. These two sections are not needed as alley right-of-way. An easement will be kept as there are overhead utility lines running through the area to be vacated. TECH REVIEW AND UPDATES TBD Page 133 of 378 PLANNING, PROGRAMMING AND ZONING COMMISSION TBD RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: This property is designated as “Commercial” on the Future Land Use Map, a Component of the Comprehensive Plan. This request is in conformance with that designation. STAFF RECOMMENDATION: Therefore, staff recommends that the request by the City of Waterloo to vacate 959 square feet of city-owned right-of-way in the “C-2” Commercial District and “R-2” One and Two Family Residence District located at 1130 Ansborough Avenue, be approved for the following reasons: 1. The two areas requested to be vacated are no longer needed for an alley, and the section of the alley between the two areas to be vacated has previously been vacated. 2. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. Page 134 of 378 Page 135 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution setting date of public hearing as October 19, 2026, to approve a request by the City of Waterloo to rezone approximately 0.272 acres from “R-2” One and Two-Family Residence District to “C-2” Commercial District, located at 1130 Ansborough Avenue, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is proposing to rezone approximately 0.272 acres of land from “R-2” One and Two Family Residence District to “C-2” Commercial District. The northern section of the site in question is already in the “C-2” district, while the south section is in the “R-2” district. The portion that is requested to be rezoned is used for the parking lot for the business on the property. The City is also requesting to vacate unused portions of an alley adjacent to this property and decided to clean up the zoning while going through the vacation request. The City is working to clean up the zoning districts when possible in order to not have parcels that are in two different zoning districts. No changes will be happening to the current use of the property as a result of changing the zoning. NEIGHBORHOOD IMPACT The request to rezone 0.272 acres of land would not appear to have a negative impact upon the surrounding area as the rest of the parcel is already zoned “C-2” Commercial District, and the use of the land will not be changing. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The Planning, Programming and Zoning Commission will be hearing the request at their regular meeting scheduled for October 13, 2026, and the Council will hold a public hearing. Page 136 of 378 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 12, 13, 14, and 15 in Block 17 of Downing Place, City of Waterloo, Iowa, except public right of way, and except the North 26 feet of Lots 12 and 15; And also, that part of the vacated alley in said Block 17 lying adjacent to the South 17 feet of Lots 12 and 15; And also, that part of the alley as platted in said Block 17 lying adjacent to Lots 13 and 14. ATTACHMENTS 1. 1130 Ansborough Ave Rezone Staff Report Page 137 of 378 TO: Planning, Programming, and Zoning Commission PREPARER: Joseph Geilman, Planner I PZ MEETING DATE: October 13, 2026 REQUEST: Rezone approximately 0.272 acres from “R-2” One and Two Family Residence District to “C-2” Commercial District APPLICANT: City of Waterloo LOCATION: 1130 Ansborough Avenue SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: The request to rezone 0.272 acres of land would not appear to have a negative impact upon the surrounding area as the rest of the parcel is already zoned “C-2” Commercial District, and the use of the land will not be changing. Page 138 of 378 VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: The rezone request would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Ansborough Avenue, which is a Minor Arterial, and is adjacent to University Avenue, which is a Principal Arterial. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: There are no recreational trails located near the site. There are sidewalks located along University Avenue. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area to be rezoned has been zoned “R-2” One and Two Family Residence District since the adoption of the zoning ordinance in 1969. The north portion of the property has been zoned “C-2” Commercial District since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North – Residential and commercial uses, zoned “C-2” Commercial District. South – University Avenue and residential uses, zoned “R-2” One and Two Family Residence District. Page 139 of 378 East – Ansborough Avenue, commercial and residential uses, zoned “C-2” Commercial District and “R-2” One and Two Family Residence District. West – Commercial and residential uses, zoned “C-2” Commercial District and “R-2” One and Two Family Residence District. DEVELOPMENT HISTORY: The surrounding area consists of commercial uses, built between 1965 and 1993, and residential uses, built between 1939 and 1947. PUBLIC /OPEN SPACES/ SCHOOLS: Fred Becker Elementary School is approximately 2,500 feet to the west of the site in question. The Katoski Greenbelt is approximately 1,800 feet to the south of the site in question. FLOODPLAIN: No portion of the property is located within a flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0282F, dated July 18, 2011. DRAINAGE: A stormwater detention plan will not be needed for this request. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. There is a 10” private storm sewer line running through the rezone area. There is also an 18” sanitary sewer line, a 12” water main, and a 72” storm sewer line running along Ansborough Avenue. There is a 42” storm sewer line and an 8” sanitary sewer line running along University Avenue. Page 140 of 378 STAFF ANALYSIS – SUBDIVISION ORDINANCE The applicants are not looking to subdivide the property at this time. STAFF ANALYSIS – SITE ANALYSIS: The applicant is proposing to rezone approximately 0.272 acres of land from “R-2” One and Two Family Residence District to “C-2” Commercial District. The northern section of the site in question is already in the “C-2” district, while the south section is in the “R-2” district. The portion that is requested to be rezoned is used for the parking lot for the business on the property. The City is also requesting to vacate unused portions of an alley adjacent to this property and decided to clean up the zoning while going through the vacation request. The City is working to clean up the zoning districts when possible in order to not have parcels that are in two different zoning districts. No changes will be happening to the current use of the property as a result of changing the zoning. TECH REVIEW AND UPDATES TBD PLANNING, PROGRAMMING AND ZONING COMMISSION TBD RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: This property is designated as “Commercial” on the Future Land Use Map, a Component of the Comprehensive Plan. This request is in conformance with that designation. STAFF RECOMMENDATION: Therefore, staff recommends that the request by the City of Waterloo to rezone approximately 0.272 acres from “R-2” One and Two Family Residence District to “C-2” Commercial District located at 1130 Ansborough Avenue, 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 will unify what zoning district the parcel is in. Page 141 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department October 5, 2026 AGENDA ITEM TITLE Resolution approving cancellation of sidewalk assessments for properties located at 919 Allen Street (Parcel No. 891326453019), in the amount of $3,185.94, and the 500 block of Johnson Street (Parcel No. 891326453020), in the amount of $1,294.25, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION These properties were assessed in error. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 142 of 378 Page 143 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer Engineering Department October 5, 2026 AGENDA ITEM TITLE Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $722,851.19, and approving the contract, bond and certificate of insurance, in conjunction with the FY 2027 Sergeant Road Trail Repairs, Contract No. 1091, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION IDOT letting September 15, 2026. Mayor will sign and approve the contracts through the IDOT project management software. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 144 of 378 ATTACHMENTS None Page 145 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Safiah Elahi, Traffic Operations Director Traffic Operations Department October 5, 2026 AGENDA ITEM TITLE Resolution accepting a Highway Safety Improvement Program grant from the Iowa Department of Transportation, in the amount of $220,000.00, for the installation of grooved-in thermoplastic stop line and crosswalk pavement markings at thirty-six intersections, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Accept Highway Safety Improvement Program grant. SUMMARY STATEMENT AND BACKGROUND INFORMATION The Highway Safety Improvement Program (HSIP) grant will fund the construction of grooved-in thermoplastic stop lines and crosswalk pavement markings at 36 intersections along US 63 and US 218 up to $220,000. Pavement markings will improve pavement marking visibility and durability. If cost of stop lines and crosswalk markings should exceed grant funding, city operating budget will cover shortfall. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 146 of 378 ATTACHMENTS 1. HSIP-SWAP-8155(795)--SJ-07 2-26-HSIP-SWAP-036 Page 147 of 378 July 2024 IOWA DEPARTMENT OF TRANSPORTATION Agreement for Highway Safety Improvement Program - Local Federal-aid Swap Project Recipient: City of Waterloo Project No.: HSIP-SWAP-8155(795)--SJ-07 Iowa DOT Agreement No.: 2-26-HSIP-SWAP-036 This is an agreement between the city of Waterloo, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department) for Highway Safety Improvement Program (HSIP) - Local, Federal-aid Swap funds. Iowa Code Section 306A.7 provides for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide HSIP Federal-aid Swap funding to the Recipient for the authorized and approved costs for eligible items associated for this project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact persons will be the Local Systems Project Development Engineer, Jenifer Bates and the Local Systems Eastern Region Field Engineer, Dillon Feldmann. The Recipient's contact person shall be the City Traffic Engineer. 3. The Recipient shall be responsible for the development and completion of the following described HSIP project: Construction of grooved-in thermoplastic stop line pavement markings (24-in.) and grooved-in thermoplastic transverse crosswalk pavement markings (6-in.) at 36 intersections shown in Exhibit B. 4. Eligible project activities will be limited to the following: Construction of grooved-in thermoplastic stop line pavement markings (24-in.) and grooved-in thermoplastic transverse crosswalk pavement markings (6- in.). . 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from HSIP Federal-aid Swap funds. The portion of the project costs reimbursed by HSIP Federal-aid Swap funds shall be limited to $220,000. The Recipient shall be responsible for all ineligible costs and all eligible costs in excess of this limit. 6. The Recipient shall pay for all project costs not reimbursed with HSIP Federal-aid Swap funds. 7. The Recipient shall let the project for bids through the Department. 8. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 9. It is the intent of both parties that no third-party beneficiaries be created by this agreement. 10. The project shall be let to contract before October 1, 2028. If not, this agreement may become null and void. This deadline may be extended for a period of 12 months upon receipt of a written request from the Recipient at least 30 days prior to the deadline. 11. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any Page 148 of 378 HSIP Swap Project Agreement Page 2 change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written acceptance of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City: Waterloo By_______________________________ Date _____________________________, 20______ _________________________ Title of City Official I,________________________________, certify that I am the City Clerk of Waterloo, and that______________________________, who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the _______ day of _____________________________, 20______. Signed_____________________________ Date _____________________________, 20______ City Clerk of Waterloo, Iowa IOWA DEPARTMENT OF TRANSPORTATION Transportation Development Division By_________________________________ Date _____________________________, 20______ Dillon Feldmann, P.E. Local Systems Field Engineer Eastern Region Page 149 of 378 July 2024 Exhibit 1 General Agreement Provisions for use of Federal-aid Swap Funds on Non-primary Projects Page 150 of 378 HSIP Swap Project Agreement Page 2 Unless otherwise specified in this agreement, the Recipient shall be responsible for the following: 1. General Requirements a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Instructional Memorandums to Local Public Agencies (I.M.s), available on-line at: https://iowadot.gov/local_systems/publications/im/lpa_ims. The Recipient shall follow the applicable procedures and guidelines contained in the I.M.s in effect at the time project activities are conducted. b. In accordance with Iowa Code Chapter 216 and associated subsequent nondiscrimination laws and regulations, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, national origin, religion, pregnancy, or disability. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. d. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and acceptance process, plan and construction reviews, and funding participation. e. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department’s authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Recipient with written notice of termination pursuant to this section. 2. Programming a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, funds cannot be obligated. b. Before beginning any work for which funding reimbursement will be requested, the Recipient shall submit a written request for acceptance to the Department. The Department will notify the Recipient when acceptance is granted. The cost of work performed prior to acceptance will not be reimbursed. The turning in of plans for letting by the Department’s administering bureau shall be considered acceptance for construction. The Department will notify the Recipient when acceptance is granted. Page 151 of 378 HSIP Swap Project Agreement Page 3 3. Design a. The Recipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. 4. Environmental Requirements and other Agreements or Permits a. The Recipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Recipient shall follow the applicable procedures in the Instructional Memorandums to Local Public Agencies Table of Contents, Chapter 4 – Environmental Regulations. 5. Right-of-Way, Railroads, and Utilities a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right-of-Way Acquisition, and the Department's Right of Way Bureau Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures. b. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient shall obtain agreements, easements, or permits as needed from the railroad. The Recipient shall follow the procedures in I.M. 3.670, Work on Railroad Right-of-Way. c. The Recipient shall obtain agreements from utility companies as needed. The Recipient shall comply with the Department’s Policy for Accommodating Utilities on the County and City Non-Primary Federal-aid Road System for projects on non-primary Federal-aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Recipient shall follow the Department’s Policy for Accommodating and Adjustment of Utilities on Primary Road System. The Recipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. 6. Contract Procurement The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer or architect, as applicable, licensed in the State of Iowa. b. The Recipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and acceptance in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received; make a decision to either award a contract to the lowest responsive bidder or reject all bids; and if a contract is awarded, execute the contract documents in Doc Express. Note: The Department may not be able to allow a project to be let in the scheduled letting due to possible issues with cash flow availability. Page 152 of 378 HSIP Swap Project Agreement Page 4 c. The Recipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 3.710, Project Development Certification Instructions. The project will not be turned in for bid letting until the Department has reviewed and accepted the Project Development Certification. d. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 26.12. e. The Recipient shall not provide the contractor with notice to proceed until after receiving written notice that the Department has concurred in the contract execution. 7. Construction a. The Recipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department’s Construction Manual, as applicable, for conducting construction inspection activities. The Recipient’s engineer shall at all times be responsible for inspection of the project. b. A full-time employee of the Recipient shall serve as the person in responsible charge of the project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. c. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as needed. d. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Recipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I.M.s. Available on-line at: https://www.iowadot.gov/erl/index.html. e. If the Department provides any materials testing services to the Recipient, the Department will bill the Recipient for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. 8. Reimbursements a. The Recipient will initially be responsible for all project costs. After costs have been incurred, the Recipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least semi-annually but not more than bi-weekly. The RECIPIENT shall follow I.M. 6.020 Payment and Reimbursement Processes for requesting reimbursement. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1, if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Recipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the total funds available for the project. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final review or audit selected by the Administering Bureau, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final review is complete and after the Recipient has provided all required paperwork, the Department will release the funds withheld. Page 153 of 378 HSIP Swap Project Agreement Page 5 e. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any funds received; for example, Federal funds not received through FHWA, any special assessments made by the Recipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient do exceed the total project costs, the Recipient shall either: i. In the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. Refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. 9. Project Close-out a. Acceptance of the completed construction shall be with the concurrence of the Department. Within 30 days of completion of construction or other activities authorized by this agreement, the Recipient shall provide written notification to the Department. The Recipient shall follow and request a final review, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal- aid, Federal-aid Swap, and Farm-to-Market Projects. Failure to comply with the procedures may result in loss of funds and the ability to let future projects through the Department; reimbursed funds shall be returned, and a possible suspension may be placed on the Recipient from receiving funds from the Department on future projects until the Recipient has demonstrated responsible management of funds on roadway projects. b. For construction projects, the Recipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of funds shall be made only after the Department accepts the project as complete. d. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Recipient shall also make this documentation available at all reasonable times for review by the Department. Copies of this documentation shall be furnished by the Recipient if requested. Such documentation shall be retained for at least 3 years from the date of the Department’s signature of the Department’s Final Payment Form (Form 830436). e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department. Page 154 of 378 June 2025 Exhibit 2 Locations Page 155 of 378 September 9, 2026 HSIP-Local Award Letter – City of Waterloo Pg 2 of 2 Exhibit A – Project Locations City of Waterloo FY27 HSIP-Local Project Intersection List Intersection Road 1 Road 2 1 US 63/Logan Ave. E Airline Hwy. 2 US 63/Logan Ave. Heath St. 3 US 63/Logan Ave. Donald St. 4 US 63/Logan Ave. Dale St. 5 US 63/Logan Ave. Esther St. 6 US 63/Logan Ave. RR near Hanover St. 7 US 63/Logan Ave. Parker St. 8 US 63/Mullan Ave. Conger St/Newell St. 9 US 63/Mullan Ave. Dane St. 10 US 63/Mullan Ave. Almond St. 11 US 63/1st St. (NB) Franklin St. 12 US 63/Mullan Ave. (SB) Franklin St. 13 US 63/1st St. (NB) Mulberry St. 14 US 63/Mullan Ave. (SB) Mulberry St. 15 US 63/1st St. (NB) Lafayette St. 16 US 63/Mullan Ave. (SB) Lafayette St. 17 US 63/1st St. (NB) Sycamore St. 18 US 63/Mullan Ave. (SB) Sycamore St. 19 US 63/1st St. (NB) Commercial St. 20 US 63/Mullan Ave. (SB) Commercial St. 21 US 63/1st St. (NB) Jefferson St. 22 US 63/Mullan Ave. (SB) Jefferson St. 23 US 63 US 218 (MixMaster) 24 US 218 (NB) Hwy 63/1st St (NB) Ramp 25 Washington St. (SB) Park Ave. 26 Washington St. (SB) 4th St. 27 Washington St. (SB) 5th St. 28 Washington St. (SB) 6th St. 29 US 218 (NB) 9th St. 30 US 218 (SB) 9th St. 31 US 218 (NB) 11th St. 32 US 218 (SB) 11th St. 33 US 218 (NB) Williston Ave. 34 US 218 (SB) Williston Ave. 35 US 218 Hawthorne St. 36 US 218 Mitchell Ave. Page 156 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Steven Kjergaard, Director of Aviation Airport Department October 5, 2026 AGENDA ITEM TITLE Resolution accepting a Commercial Service Vertical Infrastructure Grant with the Iowa Department of Transportation, in the amount of $163,101.00, funded at one-hundred percent, in conjunction with the FY-2027 CSVI Terminal Building Remodel Project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Iowa DOT 100% funding ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 157 of 378 1. FY2027 CSVI ALO Page 158 of 378 1 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE FISCAL YEAR 2027 COMMERCIAL SERVICE VERTICAL INFRASTRUCTURE PROGRAM (CSVI) This AGREEMENT is made between the Iowa Department of Transportation called the “Iowa DOT” and City of Waterloo, hereafter the “SPONSOR”. 1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and obligations for accomplishment of certain improvements at the Waterloo Regional Airport, hereafter the “Airport”. Improvements shall consist of: Terminal Building Remodel , as more clearly defined in the project application. It shall be referred to as the “Project” and shall be identified by Project number: 9I270ALO200 Contract number: CNTRT-00010670 2.0 GENERAL PROVISIONS 2.01 The SPONSOR shall have 90 days to sign and return this agreement or the Iowa DOT reserves the right to revoke this grant. 2.02 The SPONSOR shall have the project under contract no later than 12 months after the date of the agreement or the Iowa DOT reserves the right to revoke this grant. 2.03 The Iowa DOT agrees to reimburse the SPONSOR 100% of the eligible project costs, not to exceed the maximum amount payable of $163,101 incurred according to the terms of this agreement. Reimbursement will be made in whole dollar amounts only, rounded down. Final payment request may include documentation of unreimbursed amounts due to rounding. Final reimbursement will be made up to the contract amount in whole dollars. 2.04 All projects meeting the definition of public improvements in each of the following categories shall adhere to the appropriate award procedures: The competitive bid and competitive quotation procedures for vertical infrastructure as identified in Chapter 26 of the Code of Iowa and 761 Iowa Administrative Code Chapter 180. (https://www.legis.iowa.gov/docs/iac/chapter/761.180.pdf) Competitive bid procedures for all projects greater than $206,000. o Competitive quotation procedures for airport authorities and city sponsors with populations greater than 50,000 for projects between $114,000 and $206,000 Page 159 of 378 2 o Competitive quotation procedures for airport authorities and city sponsors with population of 50,000 or less for projects between $82,000 and $206,000, o Informal local procedures for projects less than the thresholds identified for competitive quotations. Maximum guaranteed price contract requirements for eligible projects as identified in Chapter 26A of the Code of Iowa. 2.05 The SPONSOR shall follow requirements of the Iowa Code Section 544A.18, Iowa Code Chapter 26A, 193B Iowa Administrative Code Chapter 5, Chapter 542B of the Code of Iowa, and 193C Administrative Code Chapter 1 to determine when professional engineering, architectural plans and specifications, and/or construction documents* must be used. The SPONSOR shall submit any plans, specifications, construction documents and other contract documents to the Iowa DOT for its files. *See 26A.3(2) 2.06 Should the SPONSOR fail to comply with any Condition or Assurance provided herein, the Iowa DOT may withhold further payment and may require reimbursement of any or all payments made by the Iowa DOT toward accomplishment of the Project. 2.07 The Iowa DOT shall not waive any right of authority by making payments pursuant to this agreement, and such payments shall not constitute approval or acceptance of any part of the Project. 2.08 Neither the Department nor the Sponsor intend to create rights in, and shall not be liable to, any third parties by reason of this agreement. 2.09 If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected thereby if such remainder would then continue to conform to applicable law and the intent of this agreement. 2.10 The Iowa DOT shall determine what costs charged to the project account are eligible for participation under the terms of this agreement and the SPONSOR shall bear all additional costs accepted and paid. Only those eligible costs incurred after this agreement is executed shall be reimbursed, unless the SPONSOR receives written notice from the Iowa DOT that the Sponsor has authority to incur costs. 2.11 Notwithstanding any other provisions of this agreement, the Iowa DOT shall have the right to enforce, and may require the SPONSOR to comply with, any and all Conditions and Assurances agreed to herein. 2.12 The Iowa DOT’s obligations hereunder shall cease immediately, without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the Iowa DOT’s obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. The Iowa DOT shall give the SPONSOR notice of such termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding. In the event the Iowa DOT provides such notice, the SPONSOR may terminate this agreement or any part thereof. Page 160 of 378 3 2.13 The SPONSOR is the contracting agent and, as such, retains sole responsibility for compliance with local, state and federal laws and regulations related to accomplishment of the Project. The sponsor shall ensure compliance with Title VI of the Civil Rights Act of 1964, 78 STAT. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to the end that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Iowa DOT. In accordance with Iowa Code Chapter 216, the SPONSOR shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. 2.14 Funding will be available for reimbursement of the project for two years after the date of the agreement, unless appropriations are withdrawn under 2.10. Assurances in this agreement remain in full force and effect for a period of 20 years from the date of the agreement. 2.15 The SPONSOR agrees to indemnify, defend, and to hold the Iowa DOT harmless from any action or liability out of the design, construction, maintenance and inspection or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Iowa DOT’s application review and approval process, plan and construction reviews, and funding participation. 2.16 In the case of any dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to the Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of the intent to seek arbitration. The written notice must include a precise statement of the dispute. The Iowa DOT and the SPONSOR agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. 2.17 Infrastructure and/or work products developed through this grant become the property of the SPONSOR and the SPONSOR’s responsibility to maintain. 2.18 The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Story County District Court for the State of Iowa, Nevada, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the Iowa Department of Transportation. 2.19 The attached Exhibit(s) will apply and are hereby made a part of this agreement: Exhibit A, “Utilization of Targeted Small Business (TSB) Enterprises on Non-Federal Aid Projects (Third-Party State Assisted Projects)” Page 161 of 378 4 3.00 PROJECT CONDITIONS 3.01 The SPONSOR Agrees to: (a) Let contracts according to provisions of Chapter 26 of the Iowa Code, as well as Chapter 26A of the Iowa Code if applicable, and preside at all public hearings occasioned by the Project. (b) Contract for all professional and construction services as needed, submitting a copy of any engineering/consultant contract to the Iowa DOT. If the engineering/consultant agreement is more than $150,000 and the sponsor will request state reimbursement for the engineering/consultant services, the agreement must be submitted to the Iowa DOT for pre-audit prior to execution of the agreement. (c) Establish and maintain a project schedule and provide the schedule to the Iowa DOT. (d) Obtain and provide the sales tax exemption certificates through the Iowa Department of Revenue and Finance to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. (e) Submit to the Iowa DOT a Request for Reimbursement form, copies of invoices, and proof of payment for reimbursement. Progress payments are allowed. (f) Inspect work and equipment, test materials, and control construction to ensure that the design intent of the plans and specifications is achieved. (g) Inform the Iowa DOT of construction completion and allow the Iowa DOT access to review the completed project. (h) Certify satisfactory completion of the Project by resolution or signed final acceptance form and provide a copy to the Iowa DOT. (i) Retain all records relating to project cost, including supporting documents, for a period of three (3) years following final payment by the Iowa DOT, and to make such records and documents available to Iowa DOT personnel for audit. (j) Ensure that applicable General Provisions and Project Conditions are included in any agreement between the SPONSOR and Engineer/Consultant. 4.00 SPECIAL PROVISIONS 4.01 The Project is for the sole purpose and use of aviation related activities and must be owned by the SPONSOR. The SPONSOR shall not lease airport space constructed with this grant to activities unrelated to aviation. 5.00 SPONSOR ASSURANCES By authorizing execution of this agreement the SPONSOR hereby certifies that: 5.01 It will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the assurances made herein, unless by such transaction the obligation to perform all such covenants are assumed by another public agency found by the Iowa DOT to be eligible under the laws of the State of Iowa to assume such obligations and to have the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for the management or operation of the Airport by any agency or person other than the SPONSOR or an employee of the Page 162 of 378 5 SPONSOR, the SPONSOR will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with these assurances. The SPONSOR retains responsibility for compliance with these assurances and all other provisions of this agreement, regardless of any arrangement for management or operation of the airport. 5.02 It will not dispose of or encumber its title or other interests in the site and facilities during the 20-year period of this agreement. 5.03 It will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the Airport and will not permit any activity thereon which would interfere with its use for airport purposes. 5.04 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace and by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport, or any portion of a runway approach area in which the Sponsor has acquired, or hereafter acquires. 5.05 It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the Iowa DOT for the maintenance and operation of such facilities as identified in the Iowa Administrative Code 761-Chapter 720.10 5.06 It will operate the Airport as such for the use and benefits of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the SPONSOR specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without unlawful discrimination between such types, kinds, and classes. The SPONSOR may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the airport. The SPONSOR may also prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation need of the public. It will operate the Airport on fair and reasonable terms, and without unjust discrimination. 5.07 The SPONSOR will keep up-to-date and provide to the Iowa DOT an airport layout plan. The SPONSOR will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout plan, if such changes or alterations might adversely affect the safety, utility, or efficiency of the Airport. 6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement the SPONSOR authorized the undersigned to execute this agreement. Page 163 of 378 6 Signed this __________ day of _____________________, _________, on behalf of the SPONSOR. By: _______________________________ Attested: _________________________ Title: _______________________________ Title: _________________________ Signed this day of , , on behalf of the Iowa Department of Transportation. By: ___________________________________ Tamara Nicholson Director Modal Transportation Bureau Page 164 of 378 Exhibit A CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects) October 2024 Page 165 of 378 Page 1 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(10), which is 51% or more owned, operated and actively managed by one or more women, minority persons, service-disabled veterans or persons with a disability provided the business meets all of the following requirements: is located in this state, is operated for profit and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State-assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7. These requirements supersede all existing TSB regulations, orders, circulars, and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Economic Development Authority Targeted Small Business Certification Program 1963 Bell Ave. Suite 200 Des Moines, IA 50315 Phone: (515-348-6193) Website: https://www.iowaeda.com/small-business/targeted-small-business/ 4. THE CONTRACTOR’S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result-oriented program. Therefore, the contractor’s TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with State-assisted funds which are administered by this firm (e.g. suppliers, manufacturers and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State-assisted programs. 5. CONTRACTORS SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics, funding, authority, and responsibility to carry out and enforce the firm’s EEO policy. The EEO officer shall be responsible for developing, managing, and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Economic Development Authority (515-348-6200) to identify potential material suppliers, manufacturers, and contractors. Page 166 of 378 Page 2 A. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm’s bid. B. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are submitted. Maintain complete records of negotiations efforts. C. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. D. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. E. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work, or other commercially useful function. A. The bidder may count: 1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or 2) Work to be subcontracted to a TSB; or 3) Any other commercially useful function. B. The contractor may count: 1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. 2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. 3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. 4) Work the Contracting Authority has determined that it involves a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus Form 730007, TSB Pre-Bid Contact Information. Form 730007 can be found here: https://iowadot.seamlessdocs.com/f/TargetedSmallBusinessTSBPrebidContactInfo Page 167 of 378 Page 3 A. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the “Quotation Used in Bid” column along with a “yes” indicated on the Pre- BID Contract Information Form. B. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contact Information Form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: 1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were attended? 2) Which general news circulation, trade associations and/or minority-focused media were advertised concerning the subcontracting opportunities? 3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? 4) Were initial solicitations of interested TSBs followed up? 5) Were TSBs provided with adequate information about the plans, specifications, and requirements of the contract? 6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? 7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? 8) Were services used of minority community organization, minority contractors’ groups; local State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor’s files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Economic Development Authority. Page 168 of 378 Page 4 Form 730007WP 7-97 Contractor _____________________________ Page#_________________ Project# _____________________________ TARGETED SMALL BUSINESS (TSB) PRE-BID CONTACT INFORMATION County _____________________________ City _____________________________ (To Be Completed By All Bidders per the Current Contract Provision) In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. TABLE OF INFORMATION SHOWING BIDDERS PRE-BID TARGETED SMALL BUSINESS (TSB) CONTACTS SUBCONTRACTOR TSB DATES CONTACTED QUOTES RECEIVED QUOTATION USED IN BIDYES/ NO DATES CONTACTED YES/ NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED Total dollar amount proposed to be subcontracted to TSB on this project $_________________ List items by name to be subcontracted:Page 169 of 378 Page 5 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient’s “positive efforts” shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515-725-3132) or from its website at: https://www.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled “TSB Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects)” or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/local_systems/publications/tsb_contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient’s positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached “Checklist and Certification.” This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. Page 170 of 378 Page 6 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non-Federal-aid Projects (Third-Party State-Assisted Projects) Form 260017 [Iowa DOT] 260017. Checklist and Certification for the Utilization of TSBs on Non-Federal Projects Recipient: ______________________ Project Number: ________________________ County: ______________________ Agreement Number: ____________________ 1. Were the names of qualified TSB firms obtained from the Iowa Economic Development Authority? YES NO If no, explain ____________________________________________________________ 2. Were qualified TSB firms notified of project? YES NO If yes, by letter, telephone, personal contact, or other (specify) ____________________ If no, explain ___________________________________________________________________ 3. Were bids or proposals solicited from qualified TSB firms? YES NO If no, explain_________________________________________________________________ 4. Was a goal or percentage established for TSB participation? YES NO If yes, what was the goal or percentage? ______________________________________ If no, explain why not: __________________________________________________________ 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? YES NO If no, what action was taken by Recipient? ________________________________________________ Is documentation in files? YES NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $______________ What was the final project cost? $______________ What was the dollar amount performed by TSB firms? $______________ Name(s) and address(es) of the TSB firm(s)_____________________________________________________ (Use additional sheets if necessary) Was the goal or percentage achieved? YES NO If no, explain ___________________________________________________________________ As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State-assisted contracts associated with this project. _____________________________________ Title _____________________________________ ____________________________________ Signature Date Page 171 of 378 Page 172 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Steven Kjergaard, Director of Aviation Airport Department October 5, 2026 AGENDA ITEM TITLE Resolution accepting an Air Service Development Grant with Iowa Department of Transportation, in the amount of $48,000.00, funded at eighty percent, in conjunction with the FY-2027 Air Service Development Program, and authorizing the Mayor and the Director of Aviation 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 Iowa DOT 80% Airport Operating 20% match ALTERNATIVE ACTION LEGAL DESCRIPTION Page 173 of 378 ATTACHMENTS 1. FY 2027 ASD Agreement Waterloo Page 174 of 378 FY 2027 Air Service Development Contract Number: CNTRT-00010678 Project Number: 9I270ALO135 Page 1 of 3 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE FISCAL YEAR 2027 AIR SERVICE DEVELOPMENT PROGRAM PROJECT NUMBER: 9I270ALO135 CONTRACT NUMBER: CNTRT-00010678 This is an agreement between the Waterloo Regional Airport (hereinafter referred to as SPONSOR) and the Iowa Department of Transportation (hereinafter referred to as the Iowa DOT) for funding through the Iowa Air Service Development Program, under Iowa Code Section 328.12. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the Iowa DOT agrees to provide authorized funding to the SPONSOR to help in air service development activities to include: The promotion of passenger air service from the Waterloo Regional Airport through strategic advertising in digital, social media, television, print, radio, and billboard mediums. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree to: 1. The SPONSOR shall be the lead agency for carrying out the provisions of this agreement and shall be responsible for the development and completion of air service development initiatives (hereinafter referred to as the PROJECT) in accordance with the FY 2027 Air Service Development Program Description and this agreement. 2. The Iowa DOT shall reimburse the SPONSOR for 80% of eligible PROJECT costs not to exceed $48,000. 3. Funds must be obligated within six months of execution of the grant agreement. Claims for reimbursement with proof of expenditures must be submitted within one year of the date of the obligation of funds. 4. All notices required under this agreement shall be made in writing to the Iowa DOT Modal Transportation Bureau and the SPONSOR’s contact person. The Modal Transportation Bureau contact shall be Shane Wright (515-239-1048). The SPONSOR’s contact person shall be Steven Kjergaard. 5. A report must be filed by the sponsor within 30 days of the final claim for reimbursement providing a summary of how funds were used and describing the successes and failures of activities funded through this Air Service Development agreement. 6. The SPONSOR shall solicit, or have solicited bids, for any work on this project in compliance with all applicable laws, ordinances and administrative rules. Page 175 of 378 FY 2027 Air Service Development Contract Number: CNTRT-00010678 Project Number: 9I270ALO135 Page 2 of 3 7. The SPONSOR shall be responsible for the acceptance of the project. The Iowa DOT reserves the right to review project activities and to audit claims for reimbursement. 8. The SPONSOR shall submit Claims for Reimbursement to the Iowa DOT for eligible PROJECT costs, along with a copy of the billing statement and proof of payment. Reimbursements will be made in whole dollars and will be rounded down. 9. The SPONSOR is the contracting agent and, as such, retains sole responsibility for compliance with local, state and federal laws and regulations related to accomplishment of the Project. The SPONSOR shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the SPONSOR receives state funds from the Iowa DOT. 10. The Iowa DOT’s obligation hereunder shall cease immediately, without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or re-appropriation to pay such obligations, and the Iowa DOT’s obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. 11. The Iowa DOT shall give the SPONSOR notice of any termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding for this program. In the event the Iowa DOT provides such notice, the SPONSOR may terminate this agreement or any part thereof. 12. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. 13. This agreement is not assignable without the prior written consent of the Iowa DOT. 14. It is the intent of both parties that no third-party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 16. This agreement constitutes the entire agreement between the Iowa DOT and the SPONSOR concerning this PROJECT. Representations made prior to the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the Iowa DOT and the SPONSOR. 17. The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Story County District Court for the State of Iowa, Page 176 of 378 FY 2027 Air Service Development Contract Number: CNTRT-00010678 Project Number: 9I270ALO135 Page 3 of 3 Nevada, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the Iowa Department of Transportation. EXECUTION OF THE AGREEMENT: In witness whereof, each of the authorized parties hereto has executed this Agreement as of the date shown with its signature below. SPONSOR: Signed this ________day of __________________, 2026 By: ___________________________________ By: ____________________________ Authorized Sponsor Representative Airport Manager IOWA DEPARTMENT OF TRANSPORTATION: Signed this ________day of __________________, 2026 By: ________________________________ Tammy Nicholson, P.E., Director Modal Transportation Bureau Page 177 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Steven Kjergaard, Director of Aviation Airport Department October 5, 2026 AGENDA ITEM TITLE Resolution accepting an Airport Improvement Program Grant with the Iowa Department of Transportation, in the amount of $107,725.00, funded at seventy-five percent, in conjunction with the Hangar Development Planning Study Project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Iowa DOT 75% Airport Operating 25% match ALTERNATIVE ACTION LEGAL DESCRIPTION Page 178 of 378 ATTACHMENTS 1. FY2027 AIP Agreement ALO Page 179 of 378 1 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE FISCAL YEAR 2027 Airport Improvement Program This AGREEMENT is made between the Iowa Department of Transportation called the “Iowa DOT” and City of Waterloo, hereafter the “SPONSOR”. 1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and obligations for accomplishment of certain improvements at the Waterloo Regional Airport hereafter the “Airport.” Improvements shall consist of: Hangar Development Planning Study, as more clearly defined in the project application. It shall be referred to as the “Project” and shall be identified by Project number: 9I270ALO100 Contract number: CNTRT-00010642 2.0 GENERAL PROVISIONS 2.01 The SPONSOR shall have 90 days to sign and return this agreement or the Iowa DOT reserves the right to revoke this grant. 2.02 The SPONSOR shall have the project under contract no later than 12 months after the date of the agreement or the Iowa DOT reserves the right to revoke this grant. 2.03 The Iowa DOT agrees to reimburse the SPONSOR 75% of the eligible project costs, not to exceed the maximum amount payable of $107,725, incurred according to the terms of this agreement. Reimbursement will be made in whole dollar amounts only, rounded down. Final payment request may include documentation of unreimbursed amounts due to rounding, and final reimbursement will be made up to the contract amount in whole dollars. 2.04 All projects meeting the definition of public improvements shall follow the competitive bid and competitive quotation procedures for vertical infrastructure as identified in Chapter 26 of the Code of Iowa and 761 Iowa Administrative Code Chapter 180. (https://www.legis.iowa.gov/docs/iac/chapter/761.180.pdf) Competitive bid procedures for all projects greater than $206,000. o Competitive quotation procedures for airport authorities and city sponsors with populations greater than 50,000 for projects between $114,000 and $206,000 o Competitive quotation procedures for airport authorities and city sponsors with population of 50,000 or less for projects between $82,000 and $206,000, o Informal local procedures for projects less than the thresholds identified for competitive quotations. Maximum guaranteed price contract requirements for eligible projects as identified in Chapter 26A of the Code of Iowa. 2.05 The SPONSOR shall follow requirements of the Iowa Code Section 544A.18, Iowa Code Chapter 26A, 193B Iowa Administrative Code Chapter 5, Chapter 542B of the Code of Iowa, Page 180 of 378 2 and 193C Administrative Code Chapter 1 to determine when professional engineering, architectural plans and specifications, and/or construction documents* must be used. The SPONSOR shall submit any plans, specifications, construction documents and other contract documents to the Iowa DOT for its files. *See 26A.3(2) 2.06 Should the SPONSOR fail to comply with any Condition or Assurance provided herein, the Iowa DOT may withhold further payment and may require reimbursement of any or all payments made by the Iowa DOT toward accomplishment of the Project. 2.07 The Iowa DOT shall not waive any right of authority by making payments pursuant to this agreement, and such payments shall not constitute approval or acceptance of any part of the Project. 2.08 Neither the Department nor the Sponsor intend to create rights in, and shall not be liable to, any third parties by reason of this agreement. 2.09 If any provision of this agreement is held invalid, the remainder of this agreement shall not be affected thereby if such remainder would then continue to conform to applicable law and the intent of this agreement. 2.10 The Iowa DOT shall determine what costs charged to the project account are eligible for participation under the terms of this agreement and the SPONSOR shall bear all additional costs accepted and paid. Only those eligible costs incurred after this agreement is executed shall be reimbursed, unless the SPONSOR receives written notice from the Iowa DOT that the Sponsor has authority to incur costs. 2.11 Notwithstanding any other provisions of this agreement, the Iowa DOT shall have the right to enforce, and may require the SPONSOR to comply with, any and all Conditions and Assurances agreed to herein. 2.12 The Iowa DOT’s obligations hereunder shall cease immediately, without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the Iowa DOT’s obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. The Iowa DOT shall give the SPONSOR notice of such termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding. In the event the Iowa DOT provides such notice, the SPONSOR may terminate this agreement or any part thereof. 2.13 The SPONSOR is the contracting agent and, as such, retains sole responsibility for compliance with local, state and federal laws and regulations related to accomplishment of the Project. The sponsor shall ensure compliance with Title VI of the Civil Rights Act of 1964, 78 STAT. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to the end that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Iowa DOT. In accordance with Iowa Code Chapter 216, the SPONSOR shall not discriminate against any Page 181 of 378 3 person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. 2.14 Funding will be available for reimbursement of the project for three years after the date of the agreement, unless appropriations are withdrawn under 2.12. Assurances in this agreement remain in full force and effect for a period of 20 years from the date of the agreement. 2.15 The SPONSOR agrees to indemnify, defend, and to hold the Iowa DOT harmless from any action or liability out of the design, construction, maintenance and inspection or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Iowa DOT’s application review and approval process, plan and construction reviews, and funding participation. 2.16 In the case of any dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to the Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of the intent to seek arbitration. The written notice must include a precise statement of the dispute. The Iowa DOT and the SPONSOR agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph for arbitration. 2.17 Infrastructure and/or work products developed through this grant become the property of the SPONSOR and the SPONSOR’s responsibility to maintain. 2.18 The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Story County District Court for the State of Iowa, Nevada, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the Iowa Department of Transportation. 2.19 The attached Exhibit(s) will apply and are hereby made a part of this agreement: Exhibit A, “Utilization of Targeted Small Business (TSB) Enterprises on Non-Federal Aid Projects (Third-Party State Assisted Projects)” 3.00 PROJECT CONDITIONS 3.01 The SPONSOR Agrees to: (a) Let contracts according to provisions of Chapter 26 of the Iowa Code, as well as Chapter 26A of the Iowa Code if applicable, and preside at all public hearings occasioned by the Project. (b) Contract for all professional and construction services as needed, submitting a copy of any engineering/consultant contract to the Iowa DOT. If the engineering/consultant agreement is more than $150,000 and the sponsor will request state reimbursement for the engineering/consultant services, the agreement must be submitted to the Iowa DOT for pre-audit prior to execution of the agreement. Page 182 of 378 4 (c) Establish and maintain a project schedule and provide the schedule to the Iowa DOT. (d) Obtain and provide the sales tax exemption certificates through the Iowa Department of Revenue and Finance to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. (e) Submit to the Iowa DOT a Request for Reimbursement form, copies of invoices, and proof of payment for reimbursement. Progress payments are allowed. (f) Inspect work and equipment, test materials, and control construction to ensure that the design intent of the plans and specifications is achieved. (g) Inform the Iowa DOT of construction completion and allow the Iowa DOT access to review the completed project. (h) Certify satisfactory completion of the Project by resolution or signed final acceptance form and provide a copy to the Iowa DOT. (i) Retain all records relating to project cost, including supporting documents, for a period of three (3) years following final payment by the Iowa DOT, and to make such records and documents available to Iowa DOT personnel for audit. (j) Ensure that applicable General Provisions and Project Conditions are included in any agreement between the SPONSOR and Engineer/Consultant. 4.00 SPECIAL PROVISIONS 4.01 None 5.00 SPONSOR ASSURANCES By authorizing execution of this agreement the SPONSOR hereby certifies that: 5.01 It will not enter into any transaction which would operate to deprive it of any of the rights and powers necessary to perform any or all of the assurances made herein, unless by such transaction the obligation to perform all such covenants are assumed by another public agency found by the Iowa DOT to be eligible under the laws of the State of Iowa to assume such obligations and to have the power, authority, and financial resources to carry out all such obligations. If an arrangement is made for the management or operation of the Airport by any agency or person other than the SPONSOR or an employee of the SPONSOR, the SPONSOR will reserve sufficient rights and authority to insure that the Airport will be operated and maintained in accordance with these assurances. The SPONSOR retains responsibility for compliance with these assurances and all other provisions of this agreement, regardless of any arrangement for management or operation of the airport. 5.02 It will not dispose of or encumber its title or other interests in the site and facilities during the 20-year period of this agreement. 5.03 It will operate and maintain in a safe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to service the aeronautical users of the Airport and will not permit any activity thereon which would interfere with its use for airport purposes. 5.04 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of easements or other interests in or rights for the use of land or airspace and by the adoption and enforcement of zoning regulations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the approach areas of the runways of the Page 183 of 378 5 Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23 as applied to Section 77.25, Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future development of the Airport, or any portion of a runway approach area in which the Sponsor has acquired, or hereafter acquires. 5.05 It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the Iowa DOT for the maintenance and operation of such facilities as identified in the Iowa Administrative Code 761-Chapter 720.10 5.06 It will operate the Airport as such for the use and benefits of the public. In furtherance of this covenant (but without limiting its general applicability and effect), the SPONSOR specifically agrees that it will keep the Airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without unlawful discrimination between such types, kinds, and classes. The SPONSOR may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the airport. The SPONSOR may also prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation need of the public. It will operate the Airport on fair and reasonable terms, and without unjust discrimination. 5.07 The SPONSOR will keep up-to-date and provide to the Iowa DOT an airport layout plan. The SPONSOR will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout plan, if such changes or alterations might adversely affect the safety, utility, or efficiency of the Airport. 6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement the SPONSOR authorized the undersigned to execute this agreement. Signed this __________ day of _____________________, _________, on behalf of the SPONSOR. By: _______________________________ Attested: _________________________ Title: _______________________________ Title: _________________________ Signed this day of , , on behalf of the Iowa Department of Transportation. By: ___________________________________ Tamara Nicholson Director Modal Transportation Bureau Page 184 of 378 Exhibit A CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects) October 2024 Page 185 of 378 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(10), which is 51% or more owned, operated and actively managed by one or more women, minority persons, service-disabled veterans or persons with a disability provided the business meets all of the following requirements: is located in this state, is operated for profit and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State-assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7. These requirements supersede all existing TSB regulations, orders, circulars, and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Economic Development Authority Targeted Small Business Certification Program 1963 Bell Ave. Suite 200 Des Moines, IA 50315 Phone: (515-348-6193) Website: https://www.iowaeda.com/small-business/targeted-small-business/ 4. THE CONTRACTOR’S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result-oriented program. Therefore, the contractor’s TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with State-assisted funds which are administered by this firm (e.g. suppliers, manufacturers and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State-assisted programs. 5. CONTRACTORS SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics, funding, authority, and responsibility to carry out and enforce the firm’s EEO policy. The EEO officer shall be responsible for developing, managing, and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Economic Development Authority (515-348-6200) to identify potential material suppliers, manufacturers, and contractors. Page 186 of 378 Page 2 of 3 A. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm’s bid. B. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are submitted. Maintain complete records of negotiations efforts. C. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. D. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. E. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work, or other commercially useful function. A. The bidder may count: 1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or 2) Work to be subcontracted to a TSB; or 3) Any other commercially useful function. B. The contractor may count: 1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. 2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. 3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. 4) Work the Contracting Authority has determined that it involves a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus Form 730007, TSB Pre-Bid Contact Information. Form 730007 can be found here: https://iowadot.seamlessdocs.com/f/TargetedSmallBusinessTSBPrebidContactInfo Page 187 of 378 Page 3 A. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the “Quotation Used in Bid” column along with a “yes” indicated on the Pre- BID Contract Information Form. B. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contact Information Form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: 1) What pre-solicitation or pre-bid meetings scheduled by the contracting authority were attended? 2) Which general news circulation, trade associations and/or minority-focused media were advertised concerning the subcontracting opportunities? 3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? 4) Were initial solicitations of interested TSBs followed up? 5) Were TSBs provided with adequate information about the plans, specifications, and requirements of the contract? 6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? 7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? 8) Were services used of minority community organization, minority contractors’ groups; local State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor’s files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Economic Development Authority. Page 188 of 378 Page 4 Form 730007WP 7-97 Contractor _____________________________ Page#_________________ Project# _____________________________ TARGETED SMALL BUSINESS (TSB) PRE-BID CONTACT INFORMATION County _____________________________ City _____________________________ (To Be Completed By All Bidders per the Current Contract Provision) In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. TABLE OF INFORMATION SHOWING BIDDERS PRE-BID TARGETED SMALL BUSINESS (TSB) CONTACTS SUBCONTRACTOR TSB DATES CONTACTED QUOTES RECEIVED QUOTATION USED IN BIDYES/ NO DATES CONTACTED YES/ NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED Total dollar amount proposed to be subcontracted to TSB on this project $_________________ List items by name to be subcontracted:Page 189 of 378 Page 5 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient’s “positive efforts” shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515-725-3132) or from its website at: https://www.iowa.gov/tsb/index.php/home. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled “TSB Affirmative Action Responsibilities on Non-Federal Aid Projects (Third-Party State-Assisted Projects)” or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state.ia.us/local_systems/publications/tsb_contract_provision.pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient’s positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached “Checklist and Certification.” This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. Page 190 of 378 Page 6 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non-Federal-aid Projects (Third-Party State-Assisted Projects) Form 260017 [Iowa DOT] 260017. Checklist and Certification for the Utilization of TSBs on Non-Federal Projects Recipient: ______________________ Project Number: ________________________ County: ______________________ Agreement Number: ____________________ 1. Were the names of qualified TSB firms obtained from the Iowa Economic Development Authority? YES NO If no, explain ____________________________________________________________ 2. Were qualified TSB firms notified of project? YES NO If yes, by letter, telephone, personal contact, or other (specify) ____________________ If no, explain ___________________________________________________________________ 3. Were bids or proposals solicited from qualified TSB firms? YES NO If no, explain_________________________________________________________________ 4. Was a goal or percentage established for TSB participation? YES NO If yes, what was the goal or percentage? ______________________________________ If no, explain why not: __________________________________________________________ 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? YES NO If no, what action was taken by Recipient? ________________________________________________ Is documentation in files? YES NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $______________ What was the final project cost? $______________ What was the dollar amount performed by TSB firms? $______________ Name(s) and address(es) of the TSB firm(s)_____________________________________________________ (Use additional sheets if necessary) Was the goal or percentage achieved? YES NO If no, explain ___________________________________________________________________ As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State-assisted contracts associated with this project. _____________________________________ Title _____________________________________ ____________________________________ Signature Date Page 191 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Finance Department October 5, 2026 AGENDA ITEM TITLE Motion to receive and file Grout Museum funding reports from July and August 2026. 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. Contract Support City of Waterloo July 2026 2. Contract Support City of Waterloo August 2026 Page 192 of 378 Summary of Grout Museum Contracted Support through City of Waterloo 8/14/2026 Fiscal Year 2027 Budget Month of FY 27 Operation Expenses:Jul-26 Support Budget Wages & Employee Benefits $14,395.58 $314,118.00 Charge card fees (MC/VISA)$433.04 $3,580.00 Exhibit building and repairs $284.91 $6,639.00 Publications and Dues $324.00 $3,638.00 Office Supplies $180.51 $3,000.00 Legal and Accounting Fees $8,917.01 $29,070.00 Grout Insurance $3,835.37 $54,200.00 Utilities - Gas, Electric, Phone $10,464.95 $129,348.00 Postage - mailings and meter $170.57 $3,000.00 Building Maintenance $7,013.22 $19,100.00 Janitorial and Kitchen supplies $402.42 $8,000.00 Grounds $-$7,000.00 Misc. Expenses $23.46 $1,500.00 Equipment repairs & Computer Maintenance $2,883.96 $12,900.00 Service Contracts - Building and Machines $2,754.00 $29,907.00 Total Operating Expense $52,083.00 $625,000.00 **These documents are unaudited and intended for Board Reporting purposes only. Page 193 of 378 Summary of Grout Museum Contracted Support through City of Waterloo 9/11/2026 Fiscal Year 2027 Budget Month of FY 27 Operation Expenses:Aug-26 Support Budget Wages & Employee Benefits $43,882.34 $314,118.00 Charge card fees (MC/VISA)$699.00 $3,580.00 Exhibit building and repairs $334.91 $6,639.00 Publications and Dues $954.00 $3,638.00 Office Supplies $760.22 $3,000.00 Legal and Accounting Fees $8,947.01 $29,070.00 Grout Insurance $7,194.24 $54,200.00 Utilities - Gas, Electric, Phone $21,212.58 $129,348.00 Postage - mailings and meter $170.57 $3,000.00 Building Maintenance $7,019.14 $19,100.00 Janitorial and Kitchen supplies $1,964.36 $8,000.00 Grounds $138.60 $7,000.00 Misc. Expenses $47.45 $1,500.00 Equipment repairs & Computer Maintenance $5,680.19 $12,900.00 Service Contracts - Building and Machines $5,161.39 $29,907.00 Total Operating Expense $104,166.00 $625,000.00 **These documents are unaudited and intended for Board Reporting purposes only. Page 194 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department October 5, 2026 AGENDA ITEM TITLE Tokpa Jamah, Board/Commission: Human Rights Commission, Expiration Date: October 5, 2029, New appointment. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board & Commissions Application_Human Rights Commission_Tokpa Jamah Page 195 of 378 Page 196 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department October 5, 2026 AGENDA ITEM TITLE Dasha Bays, Board/Commission: Human Rights Commission, Expiration Date: October 5, 2029, New appointment. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Board & Commissions Application_Human Rights Commission_Dasha Bays Page 197 of 378 Page 198 of 378 Page 199 of 378 Page 200 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department October 5, 2026 AGENDA ITEM TITLE Allen Green, Board/Commission: Cultural and Arts Commission, Expiration Date: June 20, 2029, Reappointment. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards & Commissions Application_Cultural and Arts Commission_Allen Green (reappointment letter) Page 201 of 378 Memo | 09/15/2026 TO: Mayor Dave Boesen & Waterloo City Council 715 Mulberry Street Waterloo, IA 50703 From: Chawne Paige, Director Waterloo Center for the Arts 225 Commercial Street Waterloo, IA 50701 Re: Board Reappointment Dear Mayor & Council, Waterloo Culture & Arts Commission member Allen Green has agreed to be reappointed for a second term, with my support as director of the Culture and Arts department. His first term concluded June 2026. His second term would end June 2029. Thank you for your consideration. Chawne Paige Waterloo Center for the Arts, Director 319-291-4490 | chawne.paige@waterloo-ia.org waterloocenterforthearts.org Page 202 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department October 5, 2026 AGENDA ITEM TITLE Rajane Grant, Board/Commission: Community Development Board, Expiration Date: October 5, 2029, New appointment. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards & Commissions Application_Community Development_Rajane Grant Page 203 of 378 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date:___________________________ I, ______________________________________, request to be appointed to (state preference): (Name) 1.__________________________________ 2. _________________________________ Home Phone:________________ Cell Phone:________________ Work Phone:________________ Email Address__________________________________________________ Home Address_____________________________________________ Zip Code___________ Employer_____________________________________ Title__________________________ Employer Address___________________________________________ Zip Code___________ How long have you resided in Waterloo? ___ yrs Email address:__________________________________ List current membership in organizations and offices held:__________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ I am available for meetings: A.M. P.M. Noon Evenings I am available to serve on a Board/Commission the entire year: Yes No If no, list months not able to serve: _____________________________________________________________ Briefly explain your qualifications for appointment to a designated Board/Commission:________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Additional information and comments that may not be evident from information already on this form : ___ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ References (include phone numbers):________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Signature_________________________________ Rev 02/20/2020 or RETURN TO MAYOR’S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayor@waterloo-ia.org; PHONE 291-4301 Page 204 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Lance Dunn, Human Resources Director Human Resources Department October 5, 2026 AGENDA ITEM TITLE Communication from the Public Works Sanitation Department on the notice of the conclusion of employment of Jason Heffelmeier, Solid Waste Technician, effective August 28, 2026, with recommendation of approval of payout of $1,646.04 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. HEFFELMEIER PAYOUT 10.5.2026 Page 205 of 378 Page 206 of 378 18$31.90574. 201,646.0409/11/2026Page 207 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Lance Dunn, Human Resources Director Human Resources Department October 5, 2026 AGENDA ITEM TITLE Communication from the Police Department on the notice of the conclusion of employment of Andrea Lynn, Clerk II, effective August 28, 2026, with recommendation of approval of payout of $3,762.91 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. LYNN PAYOUT 10.5.2026 Page 208 of 378 Page 209 of 378 Clerk II 09/14/2026 Page 210 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Lance Dunn, Human Resources Director Human Resources Department October 5, 2026 AGENDA ITEM TITLE Communication from the Police Department on the notice of the conclusion of employment of Hector Camarin, Police Lieutenant, effective September 11, 2026, with recommendation of approval of payout of $29,825.30 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. CAMARIN PAYOUT 10.5.2026 Page 211 of 378 Page 212 of 378 09/14/2026 Page 213 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Motion to receive and file Planning, Programming, and Zoning Commission minutes of August 2026. 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. P&Z Minutes August 11, 2026 Page 214 of 378 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING, AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. AUGUST 11, 2026 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Leistikow at 4:00 p.m. via Zoom and in person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Cody Leistikow, Eric Poe, Philip Shirk, Scott Voight, Kristin Schaefer, Jessica Rucker, and Eric Donat. Members absent were: Brandon Schoborg and Janelle Ewing. Others present were: Aric Schroeder, Joseph Geilman, and John Dornoff – Planning Department; Jamie Knutson – City Engineer; Dave Morrow – City Council Representative; and 5 citizens. I. Approval of the Agenda It was moved by Voight and seconded by Rucker to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the regular meeting on July 14, 2026. It was moved by Donat and seconded by Shirk to approve the amended minutes of the July 14, 2026, meeting, changing item D1 from being seconded by Poe to being seconded by Donat. Motion carried unanimously. III. New Business A. Hearings – Rezones/Site Plan Amendments 1. Request by Yashpal Saini to rezone approximately 5.29 acres from “A-1” Agricultural District to “R-2” One and Two Family Residence District in order to split the lots to allow for the construction of single-family homes located south of 1220 Bishop Avenue to 1304 Bishop Avenue. It was moved by Shirk and seconded by Rucker to receive and place on file the statement of verification at 4:03 p.m. Motion carried unanimously, and Leistikow declared the hearing open. Geilman read the staff report recommending approval of the request with the following condition: That the final site plan meets all applicable city codes, regulations, etc., including, but not limited to, parking, landscaping, drainage, etc. Poe asked if they could build on the easement since it was vacated, to which Schroeder responded that it was city right-of-way that was vacated, but the easement was put on the entire area of the vacated right- of-way; therefore, it cannot be built on. It was moved by Shirk, seconded by Poe, to close the public hearing. Motion carried unanimously. The hearing was closed at 4:09 p.m. It was moved by Schaefer and seconded by Poe to recommend approval of a request by Yashpal Saini to rezone approximately 5.29 acres from “A-1” Agricultural District to “R-2” One and Two Family Residence District in order to split the lots to allow for the construction of single-family homes located south of 1220 Bishop Avenue to 1304 Bishop Avenue with the following condition: That the final site Page 215 of 378 Planning and Zoning Commission August 11, 2026 - 2 - plan meets all applicable city codes, regulations, etc., including, but not limited to, parking, landscaping, drainage, etc. Motion carried unanimously. B. Special Permits 1. Request by Cedar Valley Catholic Schools for a Special Permit to allow for expansion of a school in the “R-4” Multiple Residence District and “R-2” One and Two Family Residence District located at 3451 Hammond Avenue. Dornoff read the staff report recommending approval of the request with the following condition: That the final site plan meets all applicable city codes, regulations, etc., including, but not limited to, parking, landscaping, drainage, etc. Donat stated he would have to abstain from voting due to being a board member for Cedar Valley Catholic Schools. Leistikow asked if there were any plans for changing the intersection of East Ridgeway Avenue and Hammond Avenue and if the pond is big enough for stormwater detention, to which Knutson answered that the City of Waterloo has received 3 grants to build a roundabout at the intersection and are looking to move forward under the most recent and that Engineering would have too see what changes are proposed to the property if storm water changes will be necessary and the pond may or may not be big enough to handle it. Tom Novotney, Chief Administrator for Cedar Valley Catholic Schools, gave background on the schools taking ownership of the property, and they are looking at expansion plans without having to build a brand new building. It was moved by Rucker and seconded by Shirk to recommend approval of the request by Cedar Valley Catholic Schools for a Special Permit to allow for expansion of a school in the “R-4” Multiple Residence District and “R-2” One and Two Family Residence District located at 3451 Hammond Avenue with the following condition: That the final site plan meets all applicable city codes, regulations, etc., including, but not limited to, parking, landscaping, drainage, etc. Motion carried 6-0- 1 (Donat Abstained). IV. Oral Presentations Jake Grow, 2229 Edgemont #7, spoke in opposition to the data center, asked the Commission to table the item, and requested information from the City Council regarding their expertise on data centers. He further stated that there is a new publication of a data center evaluation toolkit published by the University of Iowa with the Tippy College of Environmental Law. Victor Rottinghause, 113 Allen, has signed a contract to purchase the former Expo School at 1410 Independence and asked for advice and consideration in moving any actions along so that it could be turned into housing, including units for veterans and platted into lots. Schroeder noted shtaff would meet with him to review the proposed development. V. Discussion Donat noted that this will be his final meeting, as he is no longer going to be a member of the Human Rights Commission after the next meeting of that Commission. Page 216 of 378 Planning and Zoning Commission August 11, 2026 - 3 - Schroeder reminded the Commissioners that the next Planning, Programming and Zoning Commission will be on September 1st instead of September 8th due to the Labor Day holiday and the moving of the City Council meeting to the 8th. VI. Adjournment It was moved by Shirk and seconded by Voight to adjourn the meeting at 4:30 pm. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II Page 217 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department October 5, 2026 AGENDA ITEM TITLE Cigarette/Tobacco/Nicotine/Vapor Permit Linn Mart, 926 Linn Street (Retail Tobacco) (New). 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 218 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department October 5, 2026 AGENDA ITEM TITLE Liquor Licenses 1850 Patio & Grill, 1850 W. Ridgeway Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/31/2026. Damon's Sports Bar & Grill, 2122 Kimball Avenue, Class C w/Sunday Sales (Renewal) Exp: 10/04/2026. Friendship Village, 600 Park Lane, Class F w/Outdoor Service and Sunday Sales (Renewal) Exp: 10/18/2026. Hy-Vee Fast & Fresh, 3700 University Avenue, Class C w/Sunday Sales (Renewal) Exp: 10/31/2026. K-Zar, 1761 Independence Avenue, Class E w/Sunday Sales, (Renewal) Exp: 10/13/2027. Kwik Star #715, 135 E. Ridgeway Avenue, Class B w/Sunday Sales (Renewal) Exp: 07/31/2026. Karma Bar, 309 w. 4th Street, Class C w/Outdoor Service and Sunday Sales, (Renewal) Exp: 10/14/2026. Hampton Inn, 2034 La Porte Road, Class C w/Sunday Sales, (Renewal) Exp: 01/31/2027. M& J Caribbean Restaurant, 924-926 La Porte Road, Class C w/Sunday Sales, (Renewal) Exp: 09/22/2026. Now & Forever Waterloo, 1976 Franklin Street, Class E w/Sunday Sales (New) Exp: 08/31/2027. Petersen & Tietz Florists, 2275 Independence Avenue, Class B, w/Sunday Sales (Renewal) Exp: 10/08/2026. West Side Liquor, 919 W. 5th Street, Class E w/Sunday Sales (Renewal) Exp: 10/29/2026. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 219 of 378 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 220 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department October 5, 2026 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION These are Right-of-Way construction bonds for contractors wanting to do work within the City right-of- way. Work would include such items as plumbing repairs in the street, driveway construction and sidewalk construction. The bond ensures that if a contractor does not complete the work, the bonding company will step in and complete the work on the contractor's behalf. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. ROW BONDS 10.5.2026 Page 221 of 378 Page 222 of 378 Page 223 of 378 Page 224 of 378 Page 225 of 378 Page 226 of 378 Page 227 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Request by Mikhal Ambrose to rezone approximately 0.17 acres from “M-1” Light Industrial District to “R-3” Multiple Residence District to construct a single-family home located adjacent to 213 Park Road. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone the property from “M-1” Light Industrial District to “R-3” Multiple Residence District in order to construct a single-family home. The area in question has always been a mixture of businesses and residences. When the area was originally zoned as “M-1” the area to the southwest was largely railroad-served industrial, and an Illinois Central line ran along Utica Street; therefore, it was felt that the area would continue to develop as light industrial. Since that time, the railroad line has been abandoned, and the railroad-served industry has moved to other areas of the city, even though there are some industrial/commercial uses in the immediate area that remain. The area has not seen development in many years, and the rezone will allow the area to see new investment; the former Longfellow school site to the north will be redeveloped in the near future as well. The applicant was also notified that the Zoning Ordinance requires a minimum 14’ X 20’ accessory structure be constructed with the house. NEIGHBORHOOD IMPACT The request to rezone the property does appear to have a positive impact on the surrounding area, as there is residential on both sides of the property in question and bring in new investment to the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 228 of 378 COMMUNITY ENGAGEMENT METHODS The Planning, Programming and Zoning Commission held a public hearing at its September 1, 2026 meeting and voted 7-0 to recommend approval of the request; notice was sent to all property owners within 250 feet. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION The Northwesterly 4 feet of Lots 40 and 41 in “Morris Case” Addition to the City of Waterloo, Iowa; and Lot “C” in Subdivision of Lots 5 and 6 Auditor’s Bayou Plat, Waterloo, Iowa, and that part of the vacated alley lying adjacent to the Northwesterly line of said Lot “C” described as follows: Beginning at the most Northerly corner of said Lot “C”; thence Southwesterly 79.92 feet, along the Northwesterly line of said Lot “C”; thence Northeasterly 83.04 feet to a point on the Southwesterly line of Park Road, said point being 4.71 feet Southeasterly of the most Easterly corner of Lot “D” in said Subdivision; thence Southeasterly to the point of beginning. ATTACHMENTS 1. Staff Report - NW of 213 Park Road Page 229 of 378 TO: Planning, Programming, and Zoning Commission PREPARER: John Dornoff, Planner II PZ MEETING DATE: September 1, 2026 REQUEST: Rezone approximately 0.17 acres from “M-1” Light Industrial District to “R-3” Multiple Residence District to construct a single-family home. APPLICANT: Mikhal Ambrose LOCATION: Northwest of 213 Park Road. SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: The request to rezone the property does not appear to have a negative impact on the surrounding area, as there is residential on both sides of the property in question. Page 230 of 378 VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: The proposed rezone would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area, as the applicant is proposing to construct one single- family home. The site is at the intersection of Park Road and St. Albans Street, both of which are classified as local streets. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: The Cedar Valley Lakes trail is located approximately 0.23 miles to the south. The property does have a sidewalk. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area in question has been zoned “M-1” Light Industrial District since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North – Park Road, St. Albans Street, residential and commercial zoned “R-3” Multiple Residence District. South – Vacant land, a billboard, a residence, and Broadway Street zoned “M-1” Light Industrial District. Page 231 of 378 East – Residential, vacant lots, Utica Street, Harrison Street, and Oak Avenue zoned “M-1” Light Industrial District and “R-3” Multiple Residence District. West – Residential, multi-family residential, vacant land, and commercial zoned “M-1” Light Industrial District. DEVELOPMENT HISTORY: Residential built between 1897 and 1971. Commercial built between 1943 and 1980. PUBLIC /OPEN SPACES/ SCHOOLS: Cunningham School of Excellence is located 1.01 miles to the east; George Washington Carver Academy is located 1.07 miles to the north; and East High School is located 0.70 miles to the southeast. FLOODPLAIN: The property is located within the 100-year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190013C0189F, dated July 18, 2011. Therefore, the new home will need to be built 1 foot above the Base Flood Elevation of 851 feet, or be removed from the floodplain before construction. However, the area may have been removed from floodplain status by a letter of map revision issued by FEMA in 2024, staff Page 232 of 378 is working to get conformation from FEMA on the extent of the map revision. FEMA has confirmed that the property is no longer in the 100 year flood plain. DRAINAGE: The proposed request would not appear to have a negative impact upon drainage in the area. STAFF ANALYSIS – ZONING ORDINANCE The rezone meets all requirements of the Zoning Ordinance. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. There are 36-inch sanitary sewer lines in Park Road and Utica Street. There is a 15-inch storm sewer in Park Road. There are water mains in Park Road, St. Albans Street, and Utica Street. There are overhead utility lines on Park Road. Page 233 of 378 STAFF ANALYSIS – SUBDIVISION ORDINANCE The applicants are not proposing to subdivide the property. TECH REVIEW AND UPDATES: During Tech Review, it was noted by Engineering that the property has two curb cuts and driveway approaches and one of them will have to be removed and the curb and grass restored when the house was built. PLANNING, PROGRAMMING, AND ZONING COMMISSION: The Planning, Programming, and Zoning Commission voted 7- 0 to recommend approval of the request at their September1, 2026 meeting. Page 234 of 378 Picture 1: Property requesting rezoning. Page 235 of 378 Picture 2: 213 Park Road. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The Future Land Use Map designates this area as Commercial. While it is not in strict conformance with the Future Land Use Map, the Future Land Use Map is a blueprint and can change over time, and it would appear the southwest side of Park Road is one area that staff should look at the direction of the area, as it is primarily developed as residential. Page 236 of 378 STAFF ANALYSIS – SITE ANALYSIS: The applicant is requesting to rezone the property from “M-1” Light Industrial District to “R-3” Multiple Residence District in order to construct a single-family home. The area in question has always been a mixture of businesses and residences. When the area was originally zoned as “M-1” the area to the southwest was largely railroad-served industrial, and an Illinois Central line ran along Utica Street; therefore, it was felt that the area would continue to develop as light industrial. Since that time, the railroad line has been abandoned, and the railroad-served industry has moved to other areas of the city, even though there are some industrial/commercial uses in the immediate area that remain. The area has not seen development in many years, and the rezone will allow the area to see new investment; the former Longfellow school site to the north will be redeveloped in the near future as well. The applicant was also notified that the Zoning Ordinance requires a minimum 14’ X 20’ accessory structure be constructed with the house. STAFF RECOMMENDATION: Therefore, staff recommends that the request by Mikhal Ambrose to rezone approximately 0.17 acres from “M-1” Light Industrial District to “R-3” Multiple Residence District to Page 237 of 378 construct a single-family home located adjacent to 213 Park Road be approved for the following reasons: 1. The request would appear to have a positive impact on the neighborhood through the construction of a new single-family home on a vacant lot. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request will rezone a lot so that a new single-family home could be built in an area in need of reinvestment. 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. Page 238 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bridgett Wood, Finance Director Finance Department October 5, 2026 AGENDA ITEM TITLE Issuance of not to exceed $3,968,000 Sewer Revenue Capital Loan Notes. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Repayment will be made from the Sewer fund, using sewer fees. The principal amount plus interest will be required to be repaid in the future. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Waterloo (186) - PDF Letter of Instruction Hearing 2026D Sewer SRF 2. Waterloo (186) - Hearing Proceedings 2026D Sewer SRF Page 239 of 378 Page 240 of 378 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Kristin S.B. Cooper 515.246.0330 kcooper@ahlerslaw.com WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 September 16, 2026 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 kelley.felchle@waterloo-ia.org Re: Waterloo, Iowa - Not to Exceed $3,968,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) Dear Kelley: We have now prepared public hearing proceedings to show as a first step the receipt of any oral or written objections from any resident or property owner to the proposed action of the City Council to authorize the form of Loan and Disbursement Agreement and issue the Notes to the Authority. A summary of objections received or made, if any, should be attached to the proceedings. After all objections have been received and considered if the City Council decides to enter into the Agreement and issue the Notes, a form of resolution follows that should be introduced and adopted, entitled "Resolution Instituting Proceedings to Take Additional Action." Action Must be Taken at the Hearing The Council is required by statute to adopt the resolution instituting proceedings to enter into a loan agreement and issue the Notes at the hearing or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. Section 384.83 of the Code of Iowa provides that any resident or property owner of the City may appeal the decision to take additional action to the District Court of a county in which any part of the City is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the City Council exceeded its authority. In the event an appeal is filed by any resident or property owner, please let us know as soon as possible. Page 241 of 378 September 16, 2026 Page 2 In the event the City Council decides to abandon the proposal then the form of resolution included in said proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such proposal is abandoned. The Resolution taking additional action also acknowledges and approves of the terms of the SRF loan program. As you know, the terms of the loan being offered to the City are established primarily by reference to two external sources: the Authority's administrative rules governing the SRF Program and, to a lesser extent, by the terms of the bonds issued by the Authority to fund the City's loan. These loan terms are not negotiable by individual borrowers, and the City's decision to participate in the SRF Program effectively commits it to accept a loan on the stated terms. Please send us a scanned copy of the executed proceedings. If you have any questions concerning the enclosed proceedings or the SRF Program, please do not hesitate to contact me. Very truly yours, AHLERS & COONEY, P.C. Kristin Cooper FOR THE FIRM KBC:seb Enclosures (via email) cc: LeAnn Even, Deputy City Clerk, City of Waterloo, leann.even@waterloo-ia.org Bridgett Wood, Finance Director, City of Waterloo, Bridgett.Wood@waterloo-ia.org Kim Bahr, Financial Analyst, City of Waterloo, kim.bahr@waterloo-ia.org Randy Bennett, Public Works Director, City of Waterloo randy.bennett@waterloo-ia.org Nancy Higby, Administrative Secretary, City of Waterloo, Nancy.Higby@waterloo-ia.org Noel Anderson, Planning & Zoning Director, City of Waterloo, noel.anderson@waterloo-ia.org Maggie Burger, Speer Financial, mburger@speerfinancial.com Charlotte Nielsen, Speer Financial, cnielsen@speerfinancial.com 4919-6123-8216-1\11310-186 Page 242 of 378 ITEMS TO INCLUDE ON AGENDA FOR THE COUNCIL MEETING ON OCTOBER 5, 2026 CITY OF WATERLOO, IOWA Not to Exceed $3,968,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) • Public hearing on the authorization of a Loan and Disbursement Agreement and the issuance of Notes to evidence the obligation of the City thereunder. • Resolution instituting proceedings to take additional action. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 243 of 378 - 1 - October 5, 2026 The City Council of the City of Waterloo, State of Iowa, met in _______________ session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa 50703, at __________ o'clock _____.M., on the above date. There were present Mayor Dave Boesen, in the chair, and the following named Council Members: __________________________________________________ __________________________________________________ Absent: ___________________________________________ * * * * * * * Page 244 of 378 - 2 - The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $3,968,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, in order to provide funds to pay costs of the acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Cattle Congress Sanitary Sewer Lift Station Reconstruction Project, and that notice of the proposed action by the City Council to institute proceedings for the authorization of the Loan and Disbursement Agreement and the issuance of the Notes had been published pursuant to the provisions of Sections 384.24A and 384.83, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposal. The City Clerk advised the Mayor and the City Council that __________ written objections had been filed. The Mayor then called for oral objections to the proposal and __________ were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Page 245 of 378 - 3 - The City Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member _______________ introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,968,000 SEWER REVENUE CAPITAL LOAN NOTES", and moved: that the Resolution be adopted. to ADJOURN and defer action on the Resolution and the proposal to institute proceedings to the meeting to be held at __________ o'clock _____.M. on the __________ day of _______________, 2026, at this place. Council Member _______________ seconded the motion. The roll was called and the vote was, AYES: ___________________________________________ ___________________________________________ NAYS: ___________________________________________ Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO.______________ RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,968,000 SEWER REVENUE CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $3,968,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of the acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer Page 246 of 378 - 4 - System, including those costs associated with the Cattle Congress Sanitary Sewer Lift Station Reconstruction Project, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $3,968,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and conditions and the disclosures provided with respect thereto are hereby acknowledged, accepted and approved. Section 3. That the Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Section 4. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that Sewer fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Page 247 of 378 - 5 - PASSED AND APPROVED this 5th day of October, 2026. Dave Boesen, Mayor ATTEST: Kelley Felchle, City Clerk Page 248 of 378 CERTIFICATE STATE OF IOWA COUNTY OF BLACK HAWK ) ) SS ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this __________ day of _______________, 2026. (SEAL) Kelley Felchle, City Clerk, City of Waterloo, State of Iowa 4907-0248-3144-1\11310-186 Page 249 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Steven Kjergaard, Director of Aviation Airport Department October 5, 2026 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Mead & Hunt, of Madison, Wisconsin, in the amount of $143,634.00, in conjunction with the Hangar Development Planning Study Project, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This hangar study will evaluate the feasibility and estimated costs of developing additional hangars and supporting infrastructure at ALO. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Iowa DOT AIP Grant 75% Airport Operating 25% ALTERNATIVE ACTION LEGAL DESCRIPTION Page 250 of 378 ATTACHMENTS 1. TASK ORDER 01-2026 ALO Hangar Study - APRIL 2026 MHsigned Page 251 of 378 FORM CLIENT PSA-1 – TASK ORDER 01-2025 CLIENT PSA-1 – TASK ORDER 01-2025 Page 1 of 2 TASK ORDER #01-2026 TO PROFESSIONAL SERVICES TERMS AND CONDITIONS OF AGREEMENT BETWEEN: Waterloo Regional Airport (ALO) (“CLIENT") Waterloo, Iowa AND: Mead and Hunt, Inc. (“CONSULTANT”) A Wisconsin Corporation TASK ORDER EFFECTIVE DATE: May 14, 2026 RECITALS This is the 01-2026 Task Order to the PROFESSIONAL SERVICES TERMS AND CONDITIONS OF AGREEMENT dated effective March 2, 2026, between the CLIENT and CONSULTANT (“CONTRACT”). AGREEMENT 1. Services to be provided. The Scope of Services is to: complete a Hangar Development Planning Study. The full Scope of Services is defined in Exhibit A. 2. Schedule. The project shall be completed December 2026. 3. Consideration. The services shall be provided for the lump sum of $143,634.00, as described in Exhibit B. Progress payments shall be made in accordance with the CONTRACT. Page 252 of 378 FORM CLIENT PSA-1 – TASK ORDER 01-2025 CLIENT PSA-1 – TASK ORDER 01-2025 Page 2 of 2 APPROVAL AND ACCEPTANCE: Approval and acceptance of the TASK ORDER including any attachments shall incorporate this document as part of the CONTRACT. All work and services defined in this TASK ORDER shall be performed in accordance with the terms and conditions of the aforementioned CONTRACT. Accepted by: WATERLOO REGIONAL AIRPORT Approved by: MEAD & HUNT, INC By: Name: Title: The above person is authorized to sign for Client and bind the Client to the terms hereof. Date: By: Name: Brad Musinski Title: Project Manager Date: Approval: Authorized Reviewer Signature Name: Evan Barrett Title: Vice President May 14, 2026Page 253 of 378 Waterloo Regional Airport Mead & Hunt Hangar Development Planning Study – April 30, 2026 1 Exhibit A Hangar Development Planning Study Scope of Services Waterloo Regional Airport (ALO) Waterloo, Iowa April 30, 2026 Waterloo Regional Airport (ALO or Client) has requested a proposal for a Hangar Development Planning Study (Hangar Study) to analyze the feasibility of developing new hangars in the area to the southeast of its passenger terminal complex. This Scope of Services covers the planning services and tasks associated with the Hangar Study to be completed by Mead & Hunt (Consultant), with support from DKMG Consulting, including: · Project understanding describing the context for the ALP effort. · Project scope elements, describing the actual work activities, responsibilities, and level of effort. Project Understanding The Hangar Study will evaluate the feasibility and estimated costs of developing additional hangars and supporting infrastructure at ALO, including a potential future maintenance, repair and overhaul (MRO) facility, to meet current and future demand. The Hangar Study will investigate site development suitability, hangar infrastructure requirements, and regulatory considerations. This effort will be supported by a financial analysis by DKMG Consulting that will consider funding strategies for site prep and civil work. This effort will conclude with an Implementation Plan that serves as a road map for potential hangar development by outlining specific project phasing and financing options. Project Scope Elements The following sections describe the project scope elements for this master planning effort. They are organized as follow: 1. Hangar Development Options 2. Financial Overview and Analysis 3. Airport Layout Plan (ALP) Update 4. Environmental Screening 5. Final Report 6. Project Management and Coordination Page 254 of 378 Waterloo Regional Airport Mead & Hunt Hangar Development Planning Study – April 30, 2026 2 1 Hangar Development Options The Consultant will develop and document feasible alternatives for development of ALO’s Hangar Study area. Each of the alternatives will be presented to ALO staff for review, discussion and comment. The alternatives will take into consideration long-term development, while also planning for near-term anticipated demand and implementation of projects. The alternatives will be developed after identifying existing facilities and challenges they may face to meet future demand. This is done in the following subtasks: 1.1 Establish Planning Parameters This initial step will offer an overview of the Airport to provide context for the Study effort. While a more detailed assessment will be limited to the hangar area, this task will also generally establish ALO services, facilities, passenger activity and service areas. The Consultant will review existing plans that may directly or indirectly influence the Study area. As the focus of this project is limited to the area southeast of the passenger terminal complex, it is not expected that this will be an extensive research effort or list of sources. Any available recent planning studies will be summarized as background to further reduce redundant efforts. The Consultant will also establish a prospective fleet mix of aircraft types and users that will be based at the Airport and utilizing the proposed hangar facilities. This effort will include reviewing existing records and forecasts for based aircraft and activity. The Consultant will also complete outreach to potential users or tenants to determine activity and aircraft types. This outreach will be limited to virtual calls with potential tenants. The Client will supply the potential tenant/user list and contact information. This effort will inform the Study area activity, uses, fleet mix, critical aircraft, and the corresponding design standards relevant to the Hangar Study area. This may include a diverse mix of hangar sizes to accommodate a range of aircraft types from small piston aircraft to large corporate jets. This may also include facilities for maintenance, repair and overhaul (MRO) or private businesses. Once established, a draft of the planning parameters will be shared with the Client for review and approval prior to beginning Tasks 1.2 and 1.3. 1.2 Identify Site Opportunities and Constraints Utilizing current FAA planning criteria and design standards, the Consultant will review the planning parameters established under Task 1.1. to determine the appropriate development area bounds. While the intended development area is known to be southeast of the existing terminal complex, this effort will determine the specific constraints from design standards as well as the environmental factors of the area (established in Task 4.1). Relevant factors may include surrounding obstacles, other development areas, public roads, terrain and drainage. These findings will influence the facility specific alternatives developed under Task 1.3. Page 255 of 378 Waterloo Regional Airport Mead & Hunt Hangar Development Planning Study – April 30, 2026 3 1.3 Hangar Study Area Alternatives Alternatives will be identified, graphically depicted, and evaluated with respect to the findings of the previous scope elements. This effort includes a relative comparison of alternatives in terms of meeting needs, feasibility, estimated cost and integration with existing facilities. The Consultant will develop three (3) separate alternatives for the Study area. Based on the Airport meetings expected under Task 6.2 and agency meetings under Task 6.3, updates to the alternatives are anticipated based on feedback received. Therefore, this task also includes two rounds of updates to the set of alternatives to address comments. Development of the alternatives will identify specific uses and hangars, including a variety of hangar types, sizes, and specifications. The alternatives analysis will result in identification of a recommended course of action, supported by a detailed explanation of the logic and justification for the selected preferred alternative. Alternative evaluation factors will be established with input from the Client but will likely include supporting infrastructure costs (Task 1.4), separation of uses and hangar sizes, access and utilities, environmental considerations, future facility needs, and aircraft circulation. These alternatives will be shown in sufficient detail to capture hangar placement, supporting taxiway and taxilanes, and ancillary facilities. 1.4 Hangar Site Preparation and Infrastructure Cost Estimates Once each alternative in Task 1.3 is established, the Consultant will determine rough order of magnitude (ROM) costs for supporting taxiways/taxilanes, landside access elements, grading needs, and utilities. General cost estimates for basic hangar construction will also be provided based on recent, similar projects. The ROM costs will factor in the alternative analysis in Task 1.3 to determine the preferred hangar development, and Task 2.1 to determine financing options. The preferred alternative will be further developed into separate development phases. This will promote a less disruptive construction process for existing tenants while also allowing for different demand scenarios to be met, providing greater flexibility for the Airport. 2 Financial Overview and Analysis Costs associated with the preferred development area prepared in Task 1.4 that are expected to be the responsibility of ALO, will be evaluated for feasibility, financing options, and cashflow projections. These costs do not include costs for hangar building construction as this is expected to be the responsibility of a third-party developer. 2.1 Financial Projections and Feasibility The Consultant will summarize infrastructure and regulatory considerations affecting development costs and financing options for the preferred alternative. As part of this, financing options available to ALO will be identified, including tax increment financing, grants, and loans. The Consultant will develop cashflow projections for the preferred hangar development plan for facilities that are typically the responsibility of the airport sponsors: site prep, taxiways, utilities, and other civil site work. Page 256 of 378 Waterloo Regional Airport Mead & Hunt Hangar Development Planning Study – April 30, 2026 4 3 Airport Layout Plan (ALP) Update The ALP will be updated in AutoCAD to illustrate the preferred hangar development for FAA pen-and-ink update approval. 3.1 Airport Layout Plan Update The Consultant will update the current ALP (2023) to illustrate the preferred hangar development. The ALP AutoCAD files will be provided by the Client to the Consultant. Only sheets illustrating the proposed hangar development will be updated: the main ALP and the Terminal Area Plan sheets. The update will include the proposed hangars, taxiways and taxilanes, ancillary facilities, plus data required outlined in Standard Operating Procedure 2.00, Standard Procedure for FAA Review and Approval of ALPs. The task limits the update to the proposed hangar development only and does not include an update to the airspace plan or other sheets. However, analysis will be completed as part of Task 1.3 to ensure the preferred hangar development facilities are clear of Part 77 airspace surfaces. 3.2 Review, FAA Coordination and Approval This task includes effort for ALP review, Client and FAA coordination, and final production. The Consultant will coordinate with the Client and FAA for pen-and-ink approval. It is expected that one review by the Client and one review by the FAA will be required. Upon acceptance by the FAA, the ALP will be submitted for pen-and-ink approval with a cover letter describing the changes. Upon receipt of pen-and-ink approval, the Consultant will provide PDF and AutoCAD files to the Client, Iowa Office of Aviation, and the FAA. 4 Environmental Screening Environmental screening task includes an overview of environmentally sensitive features on and surrounding the Hangar Study area and will identify the potential effects upon those as part of the recommended development plan. 4.1 Environmental Screening The Consultant will conduct an environmental desktop review to identify potential or existing environmental issues in the Study area. This screening will utilize readily available data from online sources and recent on-Airport environmental studies completed and made available by the Client. Field surveys are not included in this scope of services. This screening will factor in the alternative analysis in Task 1.3. 4.2 NEPA Documentation The Consultant will prepare and complete NEPA documentation for the preferred hangar development, it is anticipated the development will qualify for a categorical exclusion (CATEX) based on minimal environmental impact. Environmental documentation or review beyond a CATEX are not included in this scope of services. Page 257 of 378 Waterloo Regional Airport Mead & Hunt Hangar Development Planning Study – April 30, 2026 5 5 Final Report At the conclusion of the Hangar Study, a complete report will be compiled of the separate chapters and any necessary appendices. This report will be made available to the Airport, Iowa Office of Aviation, and FAA. 5.1 Hangar Study Report The Consultant will produce a narrative report summarizing Study findings and recommendations. Anticipated sections/chapters of the report follow the layout of this scope and are expected to include the following: · Existing Conditions · Site Opportunities, Constraints and Planning Requirements · Potential Users and Tenants · Hangar Alternatives · Implementation Plan · Appendices The Consultant will submit a draft report to the Client for one review prior to finalizing the report. It is anticipated that only one review will be needed, as the majority of material will be produced and reviewed in the prior tasks. The final report will be shared as a digital PDF file with the Client, the Iowa Office of Aviation, and the FAA. 6 Project Management and Coordination Continuous and timely communication and coordination with ALO, the Iowa Office of Aviation, the FAA and their designated points of contact will be provided throughout the Hangar Study effort. Project management tasks will continue throughout all aspects of the agreed-upon project schedule. 6.1 General Project Management Project management duties will include: · Project setup (accounting, contracting, and invoicing requirements). · Completing Iowa Office of Aviation State Funding Application · Organizing the project team and executing project activities · Management of task progress. · Managing/mitigating risks and solving challenges · Deliverable quality assurance/quality control (QA/QC). · Monthly project status reports and invoices to the Client. · Closing out the project 6.2 Airport Coordination The Consultant will facilitate ongoing coordination between the project team and the Client. This includes ongoing communication by email and phone plus scheduled meetings with the Client. Regular (bi-weekly) project status briefing phone calls will take place throughout the Study. Page 258 of 378 Waterloo Regional Airport Mead & Hunt Hangar Development Planning Study – April 30, 2026 6 Additionally, two in-person visits by the Consultant (two staff members) are expected: one as part of Task 1.1 to establish planning parameters and meet with potential tenants, the other to present the findings of the Study to ALO management and the Board. The Consultant will prepare progress agendas including status reports of current work, planning for upcoming meetings and work effort, and discussion of any challenges in the Hangar Study effort which may affect the schedule, process, or budget 6.3 Agency Coordination The project will include regularly scheduled coordination meetings between the Iowa Office of Aviation, the Client, FAA, and Consultant staff. This Scope of Services includes up to three (3) virtual agency coordination meetings to be attended by Airport and Consultant staff, with a summary of each meeting will be provided to the group. These meetings are to be held following coordination with the Airport to present the various alternatives. The first of these meetings is expected to occur before a full Hangar Study is provided to these agencies for an initial presentation and discussion of alternatives. The remaining two meetings will be conducted as needed to address agency comments. Below are designated ALO and Consultant points of contact for the Hangar Study project. Airport Primary Point of Contact Steven Kjergaard, Director of Aviation 2790 Livingston Lane Waterloo, IA 50703 Phone: 319-291-4483 Email: steven.kjergaard@waterloo-ia.org Iowa Office of Aviation Shane Wright Iowa Department of Transportation Central Office 800 Lincoln Way Ames, IA 50010 Phone: 515-239-1048 Email: shane.wright@iowadot.us Mead & Hunt Primary Point of Contact Rob Sims 7900 International Drive, Suite 980 Bloomington, MN 55425 Phone: 952-641-8819 Email: Rob.Sims@meadhunt.com Federal Aviation Administration Junior Lindsay Iowa Airport Planner 901 Locust St, Rm 364 Kansas City, MO 64106-2325 Phone: 816-329-2622 Email: junior.e.lindsay@faa.gov Page 259 of 378 Waterloo Regional Airport Mead & Hunt Hangar Development Planning Study – April 30, 2026 7 Exhibit B Hangar Development Planning Study Project Fee The services in the above scope of services shall be provided for the lump sum of $143,634.00, as detailed by tasks below: PROJECT DESCRIPTION: ALO Hangar Development Planning Study TASK TOTAL TASK FEE1. Hangar Development Options $46,1622. Financial Overview and Analysis $26,7463. Airport Layout Plan (ALP) Update $17,9834. Environmental Screening $20,8925. Final Report $15,2666. Project Management and Coordination $13,361DIRECT LABOR COSTS: $140,410EXPENSES: $3,224TOTAL PROJECT FEE: $143,634Page 260 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Steven Kjergaard, Director of Aviation Airport Department October 5, 2026 AGENDA ITEM TITLE Resolution approving a contract with Boomerang Corp. of Anamosa, Iowa, in the amount of $1,667,660.00, in conjunction with the Rehabilitate Partial Runway 18-36 Project, FAA AIP 3-19- 0094-059-2026 and FAA AIP 3-19-0094-060-2026, 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 FAA AIP 95% Airport PFC Revenue 5% ALTERNATIVE ACTION LEGAL DESCRIPTION Page 261 of 378 ATTACHMENTS 1. boomerangcorp.com_20260911_114802 Page 262 of 378 Page 263 of 378 Page 264 of 378 Page 265 of 378 Page 266 of 378 Page 267 of 378 Page 268 of 378 Page 269 of 378 Page 270 of 378 Page 271 of 378 Page 272 of 378 Page 273 of 378 Page 274 of 378 Page 275 of 378 Page 276 of 378 Page 277 of 378 Page 278 of 378 Page 279 of 378 Page 280 of 378 Page 281 of 378 Page 282 of 378 Page 283 of 378 Page 284 of 378 Page 285 of 378 Page 286 of 378 Page 287 of 378 Page 288 of 378 Page 289 of 378 Page 290 of 378 Page 291 of 378 Page 292 of 378 Page 293 of 378 Page 294 of 378 Page 295 of 378 Page 296 of 378 Page 297 of 378 Page 298 of 378 Page 299 of 378 Page 300 of 378 Page 301 of 378 Page 302 of 378 Page 303 of 378 Page 304 of 378 Page 305 of 378 Page 306 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Randy Bennett, Public Works Division Manager Waste Management Department October 5, 2026 AGENDA ITEM TITLE Resolution approving a Service Agreement with Interstate Power Systems of Cedar Rapids, Iowa, in the amount of $20,526.37 over three years, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Service Agreement with Interstate Power Supply Co. SUMMARY STATEMENT AND BACKGROUND INFORMATION Waste Management Service received three quotes. Interstate Power Systems was the lowest bid for generator maintenance services. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. INTERSTATE POWER SYSTEMS - AGREEMENT Page 307 of 378 2. INTERSTATE POWER SYSTEMS - COSTS 3. INTERSTATE POWER SYSTEMS - MEMO Page 308 of 378 Page 309 of 378 Page 310 of 378 INTERSTATE POWER SYSTEMS - PREVENTIVE MAINTENANCE AGREEMENT - GENERATORS LOCATION ADDRESS 2026 2027 2028 LS-326 - LAGOON 2749 INDEPENDENCE AV $655.76 $673.71 $693.01 LS-304 - TOWER PARK 4001 KIMBALL AV $730.66 $753.05 $777.12 LS-301 - HAWKEYE 3931 TEXAS ST $1,570.64 $1,636.12 $1,706.52 LS-330 - LEVERSEE 2021 LEVERSEE RD $594.75 $611.94 $630.42 LS-317 - TITUS 2295 WCF & N DR $848.41 $870.80 $894.87 GEN P-1 PORTABLE $741.80 $766.22 $792.49 GEN P-3 PORTABLE $523.83 $536.88 $550.92 PUBLIC WORKS 625 GLENWOOD ST $950.62 $991.34 $1,024.49 TOTAL PER YEAR $6,616.47 $6,840.06 $7,069.84 TOTAL FOR ALL THREE YEARS $20,526.37 Page 311 of 378 Page 312 of 378 715 Mulberry St, Waterloo, IA 50703 Phone: (319) 291-0141 Fax: CITYOFWATERLOOIOWA.COM Date: October 5, 2026 To: Waterloo Mayor and Council From: Brad Manahl, Treatment Operations Director RE: Resolution Approving 3-year agreement with Interstate Power Systems from Cedar Rapids Iowa, for yearly maintenance of eight city generators. Background Discussion: This agreement consists of maintenance of eight city generators, seven (7) for Waste Management Services and one (1) for Public Works. It includes yearly maintenance, preventative maintenance, and inspecting electrical components as well as the Automatic Transfer Switches. These generators are vital piece of equipment to ensure uninterrupted service to sewer users and avoid overflows during power outages. Yearly maintenance will prolong the lifetime of the generator. Recommended Action: It is recommended that the City Council support the resolution to approve the agreement with Interstate Power Systems, from Cedar Rapids Iowa, for yearly maintenance of eight city generators for the value of $20,526.37 over three years. Page 313 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer Engineering Department October 5, 2026 AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in the amount not to exceed $15,350.00 in conjunction with the WARP 5th Addition Project, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Geotechnical Engineering Services for the design of Warp 5th Addition. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES TIF ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Warp 5th Addition - Terracon GER 1000058335 (revised) Page 314 of 378 Page 315 of 378 3105 Capital Way, Suite 5 Cedar Falls, IA 50613 P (319) 277-4016 Terracon.com Facilities | Environmental |Geotechnical |Materials Proposal Cover Page September 16, 2026 City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Attn: David Boesen, Mayor P:(319) 291-4312 E:mayor@waterloo-ia.org RE: Proposal for Geotechnical Engineering Services Warp 5th Addition East of the intersection of Leversee Road and Rail Way Waterloo, Iowa Terracon Proposal No. 1000058335 Dear Mr. Boesen: We appreciate the opportunity to submit this proposal to the City of Waterloo (Waterloo) to provide Geotechnical Engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location and Nearby Geotechnical Data Exhibit E Anticipated Exploration Plan Our unit price fee to perform the Scope of Services described in this proposal is presented in Exhibit C. A delivery timeframe of about 8 weeks after receipt signed authorization is currently anticipated. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a ‘pdf’ file of the attached Agreement for Services to Kurt.Drilling@terracon.com. Sincerely, Terracon Kurt Drilling Theresa Stromberg-Murphy, P.E. Senior Staff Geologist Senior Engineer Page 316 of 378 Reference Number: 1000058335 Page 1 of 2 Rev. 11-22 AGREEMENT FOR SERVICES This AGREEMENT is between City of Waterloo IA (“Client”) and Terracon Consultants, Inc. (“Consultant”) for Services to be provided by Consultant for Client on the Warp 5th Addition-GEO-Leversee Road-CDF-26-Proposal project (“Project”), as described in Consultant’s Proposal dated 09/08/2026 (“Proposal”), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1.Scope of Services. The scope of Consultant’s services is described in the Proposal, including but not limited to the Scope of Services section (“Services”), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant’s Services do not include the investigation or detection of, nor do recommendations in Consultant’s reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant’s findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2.Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client’s request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3.Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client’s review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4.Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5.Third Party Reliance.This Agreement and the Services provided are for Consultant and Client’s sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant’s reliance agreement, subject to the prior approval of Consultant and Client. 6.LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT’S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT’S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT’S COMMERCIAL GENERAL, AUTOMOBILE AND EXCESS LIABILITY POLICIES. 7.Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant’s Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant’s substantial completion of Services on the project. 8.Warranty.Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale.EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT’S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9.Insurance.Consultant represents that it now carries, and will continue to carry: (i) workers’ compensation insurance in accordance with the laws of the states having jurisdiction over Consultant’s employees who are engaged in the Services, and employer’s liability insurance ($1,000,000); (ii) commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single Page 317 of 378 Reference Number: 1000058335 Page 2 of 2 Rev. 11-22 limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10.CONSEQUENTIAL DAMAGES.NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11.Dispute Resolution.Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant’s performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Iowa law. 12.Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant’s layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13.Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant’s recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant’s recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client’s intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant’s Services. Consultant shall not be responsible for the quality and completeness of Client’s contractor’s work or their adherence to the project documents, and Consultant’s performance of testing and observation services shall not relieve Client’s contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client’s contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14.Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials (“Affected Materials”) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies.The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant’s performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15.Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant’s property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant’s document retention policies and practices. 16.Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant’s attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17.Site Access and Safety.Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client’s contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant’s employees or subcontractors to do so in order to reduce the risk of exposure to unsafe site conditions. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant’s pre-task planning and risk assessment processes. Consultant:Terracon Consultants, Inc.Client:City of Waterloo IA By:Date:9/16/2026 By:Date: Name/Title:Theresa M Stromberg-Murphy, P.E. / Senior Engineer Name/Title:David Boesen / Mayor Address:3105 Capital Way, Ste 5 Address:715 Mulberry St Cedar Falls, IA 50613 Waterloo, IA 50703 Phone:(319) 277-4016 Fax:Phone:(319) 291-4312 Fax: Email:Theresa.Stromberg-Murphy@terracon.com Email:mayor@waterloo-ia.org Page 318 of 378 Proposal for Geotechnical Engineering Services Warp 5th Addition | Waterloo, Iowa September 16, 2026 | Terracon Proposal No. 1000058335 Facilities |Environmental |Geotechnical | Materials Exhibit A – Project Understanding Our Scope of Services is based on our understanding of the project, as described by the City of Waterloo, and the expected site conditions as described below. Aspects of the project, undefined or assumed, are highlighted below. We request the City of Waterloo verify the information prior to our initiation of field exploration activities. Planned Construction Item Description Information Provided Electronic communications were provided by Jamie Knutson with the City of Waterloo detailing the scope of services to be provided. Project Description The project will include the development of about 110-acre site for industrial use. We have estimated about 6,300 linear feet of pavement and associated utilities will be constructed. We understand the sanitary sewer is expected to be installed at depths of about 10 to 15 feet. Grading and Excavations Modifications to the existing grades are anticipated to be 3 foot or less. Based on the information provided by the City of Waterloo, we anticipate sanitary sewer inverts will range from about 10 feet to about 15 feet in depth. Pavements Pavement thickness is planned to be 9” PCC with ‘CD’ baskets, 6” modified subbase and 12” subgrade preparation as determined by the City. Site Location and Anticipated Conditions Item Description Site Location The project is generally located east of the intersection of Leversee Road and Rail Way in Waterloo, Iowa. Latitude/Longitude (approximate) 42.5520° / -92.4141° (See Exhibit D) Page 319 of 378 Proposal for Geotechnical Engineering Services Warp 5th Addition | Waterloo, Iowa September 16, 2026 | Terracon Proposal No. 1000058335 Facilities |Environmental |Geotechnical | Materials Item Description Existing Improvements Most of the site is undeveloped crop ground. The eastern side of the property was formally a portion of the airport runway. The runway has been removed and we assume associated utilities have also been removed. Existing Topography Based publicly available contoured LiDAR maps, existing grade ranges from 864 feet on the western side of the site to 870 feet on the eastern site. Existing soil stockpiles exist in the north and northeastern portion of the site. Site Access We expect the site and exploration locations will be accessible to our drilling equipment and support vehicle. Expected Subsurface Conditions Our experience near the vicinity of the proposed development and review of publicly available information indicates subsurface conditions include fill soils over native, granular soils. Page 320 of 378 Proposal for Geotechnical Engineering Services Warp 5th Addition | Waterloo, Iowa September 16, 2026 | Terracon Proposal No. 1000058335 Facilities |Environmental |Geotechnical | Materials Exhibit B - Scope of Services Our proposed Scope of Services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration Terracon and Waterloo developed the following boring locations and depths. Number of Borings Planned Boring Depth (feet)Planned Location 1 11 20 feet / Auger refusal Pavement and Utilities 1.The potential boring locations are on the Anticipated Exploration Plan. Boring Layout: It is our preference that the City of Waterloo survey the ‘as-drilled’ boring locations and provide surface elevations and latitude and longitudes at the boring locations. We will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of +/-20 feet. Elevations will be determined by superimposing the borings onto public available contoured LiDAR maps and extrapolating the elevations. Subsurface Exploration Procedures: We will advance the borings with a rotary drill rig using continuous flight augers techniques. Soil sampling will be performed at intervals of 2.5 feet in the upper 20 feet. Soil sampling is typically performed using thin- wall tube and/or split-barrel sampling procedures. The split-barrel samplers are driven in accordance with the standard penetration test (SPT). In addition, we will observe and record groundwater levels during drilling and sampling. Our exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs will include visual classifications of materials observed during drilling and our interpretation of subsurface conditions between samples. The samples will be containerized and transported to our soil laboratory. Property Disturbance: Terracon will make reasonable efforts to reduce damage to the property. However, it should be understood that in the normal course of our work some disturbance could occur including rutting of the ground surface and damage to the pavement surface. We will backfill our boreholes with auger cuttings and/or bentonite chips upon completion. Our services do not include repair of the site beyond backfilling our boreholes. Excess auger cuttings will be spread about the area of the borings. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary. Page 321 of 378 Proposal for Geotechnical Engineering Services Warp 5th Addition | Waterloo, Iowa September 16, 2026 | Terracon Proposal No. 1000058335 Facilities |Environmental |Geotechnical | Materials Safety Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our Scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does not include environmental site assessment services, but identification of unusual or unnatural materials observed while drilling will be noted on our logs. Exploration efforts require borings/excavations into the subsurface. Therefore, Terracon will comply with local regulations to request a utility location service through the Iowa One Call system. We will consult with the landowner/client regarding potential utilities or other unmarked underground hazards. Based upon the results of this consultation, we will consider the need for alternative subsurface exploration methods as the safety of our field crew is a priority. Private utilities (including field drain tile, if any) should be marked by the owner/client prior to commencement of our field exploration. Terracon will not be responsible for damage to private utilities not disclosed to us. Our Scope of Services does not include private utility locating services. If the landowner/client is unable to accurately locate private utilities, and it becomes apparent the risk of private utilities on/near the site exists, then we will initiate these services by forwarding the additional scope and corresponding fee to our client for approval. The detection of underground utilities is dependent on the composition and construction of the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. Terracon’s performance of a private utility locate using geophysical equipment or our use of a private utility locate service would not relieve the landowner/client of their responsibilities in identifying private underground utilities. Site Access: Terracon must be granted access to the site by the property owner. Without information to the contrary, we consider acceptance of this proposal as authorization to access the property for conducting field exploration in accordance with the Scope of Services. Terracon maintains a bond with the City of Waterloo to perform work in its easements or right-of-way. Terracon will conduct field exploration services during normal business hours (Monday through Friday between 7:00am and 6:00pm). If our exploration must take place over a weekend, at night, or outside normal working hours, please contact us so we can adjust our schedule and fee. Page 322 of 378 Proposal for Geotechnical Engineering Services Warp 5th Addition | Waterloo, Iowa September 16, 2026 | Terracon Proposal No. 1000058335 Facilities |Environmental |Geotechnical | Materials Laboratory Testing The project engineer will review field data and assign laboratory tests to understand the engineering properties of various soil strata. Exact types and number of tests cannot be defined until completion of fieldwork, but we anticipate the following laboratory testing will be performed: ■Water content ■Dry Density ■Atterberg limits ■Sieve analysis through the No. 200 ■Organic content Our laboratory testing program will include examination of soil samples by an engineer or geologist. Based on the results of our field and laboratory programs, we will describe and classify soil samples in general accordance with the Unified Soil Classification System (USCS). Engineering and Project Delivery The results of our field and laboratory programs will be evaluated, and a geotechnical engineering report will be prepared under the supervision of a licensed professional engineer. The geotechnical engineering report will provide the following: ■Stratified boring logs with field and laboratory data ■Groundwater levels observed during and after the completion of drilling ■Site Location and Exploration Plans ■Subsurface exploration procedures ■General site and project descriptions ■Summaries of the subsurface soil and groundwater conditions encountered ■Utility trench excavation, pipe support, and backfilling considerations ■Verify the City’s pavement design ■General earthwork recommendations, including: Backfill material types, including suitability of on-site soils Structural fill compaction criteria General grading, drainage, dewatering, and construction considerations In addition to an emailed report, your project will be delivered using our Compass system. Upon initiation, we provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, Page 323 of 378 Proposal for Geotechnical Engineering Services Warp 5th Addition | Waterloo, Iowa September 16, 2026 | Terracon Proposal No. 1000058335 Facilities |Environmental |Geotechnical | Materials access to the project documents as they are uploaded to the site, and a collaboration portal. We welcome the opportunity to have project kickoff conversations with the team to discuss key elements of the project and demonstrate features of the portal. The typical delivery process includes the following: ■Project Planning – Proposal information, schedule and anticipated exploration plan ■Site Characterization – Findings of the site exploration and laboratory results ■Subsurface Exploration Report When services are complete, we upload a printable version of our Geotechnical Engineering report, including the professional engineer’s seal and signature. Previous submittals, collaboration, and the report will be maintained in our system. This allows for future reference and integration into subsequent aspects of our services as the project goes through final design and construction. Additional Services In addition to the services noted above, the following are often associated with geotechnical engineering services. Fees for services noted above do not include the following: Review of Plans and Specifications: Our geotechnical report and associated verbal and written communications will be used by others in the design team to develop plans and specifications for construction. Review of project plans and specifications is a vital part of our geotechnical engineering services. This consists of a review of project plans and specifications related to site preparation and earth-related phases of construction. Our review will include a written statement conveying our opinions relating to the plans and specifications’ consistency with our geotechnical engineering recommendations. Observation and Testing of Pertinent Construction Materials: Development of our geotechnical engineering recommendations and report relies on an interpretation of soil conditions. Our assessment is based on widely spaced exploration locations and the assumption that construction methods will be performed in a manner sufficient to meet our expectations and consistent with recommendations made at the time the geotechnical engineering report is issued. Terracon should be retained to conduct construction observations, and perform/document associated materials testing, for site preparation and earth-related phases of construction. These services allow a more comprehensive understanding of subsurface conditions and necessary documentation of construction to confirm and/or modify (when necessary) the assumptions and recommendations made by our engineers. Perform Environmental Assessments: Our scope for this project does not include, either specifically or by implication, an environmental assessment of the site intended to Page 324 of 378 Proposal for Geotechnical Engineering Services Warp 5th Addition | Waterloo, Iowa September 16, 2026 | Terracon Proposal No. 1000058335 Facilities |Environmental |Geotechnical | Materials identify or quantify potential site contaminants. If the client/owner is concerned about the potential for such conditions, an environmental site assessment should be conducted. We can provide a proposal for an environmental assessment, if desired. Page 325 of 378 Proposal for Geotechnical Engineering Services Warp 5th Addition | Waterloo, Iowa September 16, 2026 | Terracon Proposal No. 1000058335 Facilities |Environmental |Geotechnical | Materials Exhibit C - Compensation and Project Schedule Compensation Based upon our understanding of the project as summarized in Exhibit A, and our planned scope of services outlined in Exhibit B, we estimate the following fees for this project. Please note that we will only bill for the services performed in accordance with the unit rates in the table above. If revisions to our scope of services are requested, we would contact you for approval prior to initiating any additional or alternate services. Our invoice will be submitted upon completion of our scope to the addressee of this proposal unless we are notified otherwise. Project Schedule We developed a schedule to complete the Scope of Services based upon our existing availability and understanding of your project schedule. However, our schedule does not DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION FIELD SERVICES Drill Crew (Daily Pre-Task Planning / Tailgate Meetings, Staking, Surveying, Exploration)18.0 - 22.0 hour $225.00 4,050.00$-4,950.00 Auger Drilling & Sampling (0-20ft.)220 - 220 foot $12.00 2,640.00$-2,640.00 Bentonite Borehole Backfill 16-22 foot $7.50 120.00$-165.00 Drilling Supervisor (Staking, IOC, Work Plan)8 -3 hour $135.00 1,080.00$-405.00 Subtotal 7,890.00$-8,160.00 ESTIMATED SUBTOTAL FOR FIELD SERVICES 7,900.00$to 8,150.00$ SOIL LABORATORY SERVICES Stratification of Boring Logs 5 -6 hour $120.00 600.00$-720.00 Water Content (Split Spoon Sample)88-86 each $12.00 1,056.00$-1,032.00 Dry Density and Water Content (Thin-Wall Tube Sample)0 -2 each $25.00 -$-50.00 Atterberg Limits - Three Point Method 0 -1 each $120.00 -$-120.00 Sieve Analysis (Washed)2 -3 each $125.00 250.00$-375.00 Unconfined Compression Test 0 -2 each $40.00 -$-80.00 Organic Content - Loss on Ignition 0 -3 each $95.00 -$-285.00 Subtotal 1,906.00$-2,662.00 1,900.00$to 2,650.00$ GEOTECHNICAL ENGINEERING SERVICES Senior Engineering Consultant, P.E.3 -4 hour $220.00 660.00$-880.00 Project Engineer 18-0 hour $150.00 2,700.00$-- Senior Staff Geologist 0 -23 hour $130.00 -$-2,990.00 Project Coordinator 1 -2 hour $130.00 130.00$-260.00 Administration / Secretarial Services 3 -4 hour $100.00 300.00$-400.00 Subtotal 3,790.00$-4,530.00$ 3,800.00$to 4,550.00$ ESTIMATED TOTAL FOR SCOPE OF SERVICES 13,600.00$to 15,350.00$ Refer to Exhibit B for the Scope of Services. ESTIMATED SUBTOTAL FOR GEOTECHNICAL ENGINEERING SERVICES ESTIMATED SUBTOTAL FOR SOIL LABORATORY SERVICES Page 326 of 378 Proposal for Geotechnical Engineering Services Warp 5th Addition | Waterloo, Iowa September 16, 2026 | Terracon Proposal No. 1000058335 Facilities |Environmental |Geotechnical | Materials account for delays in field exploration beyond our control, such as weather conditions, delays resulting from utility clearance or lack of permission to access the boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. Delivery Schedule 1, 2 Kickoff Call with Client 5 days after notice to proceed Site Characterization 10 days after completion of field program Geotechnical Engineering Report 20 to 25 days after completion of field program 1.Upon receipt of your notice to proceed, we will activate the schedule component on Compass with anticipated dates for the delivery points noted above, as well as other pertinent events. Upon completion of our boring log stratifications and lab testing, we can provide a summary of our findings and preliminary, ‘verbal’ recommendations to the Client, prior to issuance of our Geotechnical Engineering Report. 2.Standard workdays. We will maintain an activities calendar within on Compass. The schedule will be updated to maintain a current awareness of our plans for delivery. Preliminary recommendations can be provided prior to completion of the geotechnical engineering report. Page 327 of 378 Proposal for Geotechnical Engineering Services Warp 5th Addition | Waterloo, Iowa September 16, 2026 | Terracon Proposal No. 1000058335 Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. Exhibit D – Site Location DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS Page 328 of 378 Proposal for Geotechnical Engineering Services Warp 5th Addition | Waterloo, Iowa September 16, 2026 | Terracon Proposal No. 1000058335 Exhibit E – Anticipated Exploration Plan DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY CITY OF WATERLOO Page 329 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer Engineering Department October 5, 2026 AGENDA ITEM TITLE Resolution approving an Grant Administration Services Agreement with the Iowa Northland Regional Council of Governments, in an amount not to exceed $30,000.00, to oversee the EDA grant in conjunction with the FY 2026 EDA Warp Storm, Sanitary, and Water Extensions Project, Contract 1138, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION INRCOG will help manage the EDA grant by completing Davis-Bacon interviews, BABA review, draw down of federal funds and other associated paperwork. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 330 of 378 ATTACHMENTS 1. Contract for Grant Administration (City & INRCOG) 2. Contract Resolution.(City and INRCOG) Page 331 of 378 1 CONTRACT FOR SERVICES BETWEEN THE IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS AND CITY OF WATERLOO, IOWA (WARP INDUSTRIAL PARK INFRASTRUCTURE IMPROVEMENTS– EDA ELEMENTS ONLY) THIS CONTRACT, entered into by and between the Iowa Northland Regional Council of Governments (hereinafter called the Planning Agency) and the City of Waterloo, Iowa. The City of Waterloo hereby requests the Planning Agency's assistance in carrying out this Contract and attached Scope of Services, and approved by the Planning Agency under the Economic Development Administration Contract #ED26DEN0G0210. TERMS. This contract carries the following terms: SECTION 1. Scope of Services The Planning Agency shall provide and perform the necessary services required to carry out the Contract as set out in the attached Scope of Services. SECTION 2. Time of Performance The services of the Planning Agency shall commence on October 6, 2026 and shall be finished upon completion of final document/report. SECTION 3. Method of Payment Payment shall be due upon receipt of a monthly bill for actual work performed. The payment shall be based on the hourly rate of the staff person plus any associated costs incurred in the administration of this contract. Total payment shall not exceed the amount stated in the previously approved Memorandum of Understanding. Total Payment shall not exceed $30,000.00. SECTION 4. Personnel The Planning Agency represents that it has, or will acquire, all personnel necessary in performing the services under this Contract. The parties intend that an independent contractor-purchaser of service relationship will be created by this Contract. The City is interested only in the results achieved, and the conduct and control of the work will lie solely with the Planning Agency. Neither the Planning Agency nor its employees are to be considered agents or employees of the City for any purpose. SECTION 5. Property The Planning Agency shall be free to acquire or use existing property, real or personal, as it deems necessary in the performance of work under this agreement. Page 332 of 378 2 SECTION 6. Services to be Furnished to the Planning Agency All reports, data or other public documents and information necessary to the performance of work under this Contract shall be made available to the Planning Agency. SECTION 7. Records Available At any time during the normal business hours and as often as is necessary, each party shall make available to the other party and federal or state agents and financial and administrative records with respect to all matters covered by this agreement. SECTION 8. Maintenance of Records The Planning Agency shall maintain all financial and administrative records for a period of five (5) years from the date of final payment by the federal or state funding agency. In addition, those records which relate to any "Dispute" appeal under a grant agreement, to litigation, to the settlement of claims arising out of such performance, or to costs or items to which an audit exception has been taken shall be maintained and made available until five (5) years after the date of resolution of such appeal, litigation, claim, or exception. SECTION 9. Federal Contract Language In connection with implementing this agreement, the Waterloo City Council and the Iowa Northland Regional Council of Governments agree to comply with the following acts: A. All required federal contract language for EDA funded contracts. B. All amendments and regulations issued thereto which apply to the project. SECTION 10. Termination Clause Either party assigned hereto shall have the authority to terminate this Contract, with just cause, by notifying the other party by registered mail not less than thirty (30) days prior to the effective termination date. The Planning Agency will be paid for the time provided and expenses incurred through the termination date. SECTION 11. Amendment and Designation of Officials 11.1 The City - The Mayor of Waterloo is the official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. 11.2 The Planning Agency - The Executive Director of the Iowa Northland Regional Council of Governments is the contractor official authorized to execute any changes in the terms, conditions, or amounts specified in this Contract. SECTION 12. Saving Clause Should any provisions of this Contract be deemed unenforceable by a court of law, all of the other provisions Page 333 of 378 3 shall remain in effect. SECTION 13. Entire Agreement Statement This Contract contains the entire agreement between the Planning Agency and the City for the purpose of administering an Economic Development Administration grant, relative to the Waterloo Phase II Fiber Expansion Project. There are no other written or oral agreements, understandings, or contracts that shall take precedence over the items contained herein, unless they have been made a part of this Contract per Section 2. SECTION 14. Hold Harmless The City shall hold harmless, waive, and indemnify the Planning Agency against all claims, liabilities, and costs, including reasonable attorney fees, of defending any claim or suit, including those by any third party, arising out of the services provided by the Planning Agency, except to the extent caused by the gross negligence or willful misconduct of the Planning Agency or its employees. In no event shall the Planning Agency be liable to the City for lost revenues of the City, or special or consequential damages, even if the Planning Agency has been advised of the possibility of such damages. The Planning Agency’s total liability under this Agreement for damages, costs and expenses, regardless of cause, shall not exceed the total amount of fees paid to the Planning Agency by the City under this Agreement. PASSED AND APPROVED: IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS CITY OF WATERLOO __________________________ ______________________________ Date Date __________________________ ______________________________ Executive Director Mayor ATTEST: ATTEST: ____________________________ ____________________________ Director of Development City Clerk Page 334 of 378 4 SCOPE OF SERVICES The Iowa Northland Regional Council of Governments shall assist in compliance with the Economic Development Administration (EDA) and other federal requirements; maintenance of required records and documents; and other required actions not specifically listed, but requested by the local government, including but not limited to the following activities: GENERAL ACTIVITIES A. Program Set-Up 1. Meet with the Waterloo staff to review and assure understanding of terms and conditions of grant agreement with EDA 2. Set up a model for program schedule, assuring compliance with time limitations of grant contract. 3. Meet with Waterloo City staff to explain and coordinate scheduling of grant activities in accordance with EDA contract. 4. Maintain and promote performance standards in areas such as housing, minority participation, services to low income, etc., that will help the grantee secure future grants. PROGRAM ADMINISTRATION A. Capital Improvement Activities 1. Prepare Program Schedule, as may be required by EDA. 2. Complete Environmental Review, as may be necessary. 3. Assist City in acquiring EDA required contract documents, including Federal wage determination. 4. Review bid documents for EDA compliance. 5. Review contracts for EDA compliance. 6. Submit documents to EDA for project and contractor clearance. 7. Monitor payrolls for Davis-Bacon and related labor law compliance. 8. Conduct on-site interviews and inspections. 9. Monitor subcontractor compliance with EDA regulations. 10. Assist contractors in execution of EDA required documents and assurances. 11. Promote and document efforts regarding minority participation. 12. Assist in monitoring and clearing change orders, addendum, etc. 13. Assist in close-out and audit. 14. Provide financial management, including tracking and preparation of reimbursement requests 15. Provide other technical assistance, as may be required by this project. Attachment 1 Page 335 of 378 5 B. Record Keeping 1. Assist in setting up bookkeeping system for grant funds. 2. Assist in setting up filing system for program information maintenance. 3. Regularly monitor records. 4. Assist in preparing draw down forms, authorizing and making disbursements. 5. Assist in meeting with EDA officials during site visits. 6. Assist in preparing monthly, quarterly, and annual reports. 7. Assist in final closeout reports. The above outline is intended to be specific, but some areas may have more detailed requirements implied, but not listed. The Iowa Northland Regional Council of Governments will assist the Waterloo City Council with these requirements unless special requests are made to the Executive Director or governing body of the grantee. The Waterloo City Council may request assistance from the Iowa Northland Regional Council of Governments that is not specifically designated. Page 336 of 378 RESOLUTION NUMBER ____ A RESOLUTION OF THE CITY COUNCIL OF WATERLOO, IOWA APPROVING A CONTRACT FOR ADMINISTRATIVE SERVICES RELATIVE TO A US DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) AWARD. WHEREAS, it is in the best interest of the City Council of the City of Waterloo, Iowa, to avail itself of administrative assistance for an awarded US Department of Commerce, Economic Development Administration grant, specific to assisting the City with implementing the Warp Industrial Park Infrastructure Improvements project; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: 1. The Mayor is hereby designated as the official representative of the City and is further hereby directed and authorized to affix his signature to said contract for administrative services Passed and adopted this ___ day of ________, 2026. ________________________ Mayor ATTEST: ________________________ City Clerk Page 337 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution approving a Temporary Easement Agreement in the amount of $1,562.00 with Chrisbro II, Inc., compensation for the removal of six mature shrubs in the amount of $600.00, total compensation amount of $2,162.00, for property located at 2034 La Porte Road, in conjunction with the La Porte Road Phase III Reconstruction Project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution approving a Temporary Easement Agreement in the amount of $1,562.00 with Chrisbro II, Inc., and compensation of $600.00 for the removal of six mature shrubs, for a total compensation amount of $2,162.00, located at 2034 La Porte Road, in conjunction with the La Porte Road Phase III Reconstruction Project, and authorizing the Mayor and City Clerk to execute said document. The offer price was valued at 120 percent of the assessed value of the land. 2034 La Porte Road has a value of $7.81 per square foot, and only ten percent of the full asking price ($15,620.00) is offered for the temporary easement since it will expire. NEIGHBORHOOD IMPACT Reconstruction of the corridor would have a positive impact upon the surrounding commercial area, as the corridor was designed and built in the 1960s. The redesigned corridor will have underground utilities and streetscaping. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Property owners along the corridor have been invited to multiple public information meetings. SOURCE OF EXPENDITURES Crossroads TIF. Page 338 of 378 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Temporary Easement Agreement Page 339 of 378 Page 340 of 378 Page 341 of 378 Exhibit "A" Page 342 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution approving the request by Wal-Mart Real Estate Business Trust to dedicate a 29,640 square-foot Water Main Easement located at 1334 Flammang Drive, and rescind Resolution No. 2026-216 in its entirety. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution approving the request by Wal-Mart Real Estate Business Trust to dedicate a 29,640 square foot water main easement located at 1334 Flammang Drive, and rescind resolution 2026-216 in its entirety. There has been a recent change to the water main, and an adjustment to the easement is needed to keep the new main fully contained in the dedicated easement area. The new water main relocation and easement dedication is coinciding with a 6,500 square foot addition that will be related to Walmart's online ordering and customer pickups. NEIGHBORHOOD IMPACT The easement dedication request would not appear to have a negative impact upon the surrounding area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A. ALTERNATIVE ACTION Page 343 of 378 LEGAL DESCRIPTION A perpetual 20-foot-wide watermain easement, being part of Lot 1 of “Crossroads Plat No. 3” per plat of record in Plat Book W, Page 85 of the Black Hawk County, Iowa records, said easement being more fully described, to wit: Commencing at the northeast corner of said Lot 1, also being on the south right-of-way of Flammang Drive; thence on the north line of said Lot 1 and the south right-of-way of Flammang Drive S 89° 25' 53" W 80.33 feet to the Point of Beginning; thence leaving said lot line and right-of-way line S 00° 34' 07" E 46.25 feet; thence S 22° 35' 14" W 269.23 feet; thence S 88° 32' 20" W 544.20 feet; thence S 01° 27' 40" E 16.00 feet; thence S 88° 32' 20" W 20.00 feet; thence N 01° 27' 40" W 16.00 feet; thence S 88° 32' 20" W 16.90 feet; thence S 00° 29' 07" E 435.40 feet; N 89° 12' 49" E 64.24 feet; thence S 01° 26' 13" E 66.76 feet to a point on the south line of said Lot 1; thence on said south line S 89° 14' 42" W 20.00 feet; thence leaving said south line N 01° 26’ 13" W 46.74 feet; thence S 89° 12' 49" W 64.57 feet to a point on the west line of said Lot 1; thence along said west line N 00° 29' 07" W 475.41 feet; thence leaving said west line N 88° 32' 20" E 587.78 feet; thence N 22° 35' 14" E 252.15 feet; thence N 00° 34' 07" W 42.15 feet to a point on the north line of said Lot 1, also being on the south right-of-way of Flammang Drive; thence on said lot line and right-of-way line N 89° 25' 53" E 20.00 feet to the Point of Beginning; Containing 29,640 square feet, more or less. ATTACHMENTS 1. Water Main Easement Agreement 2. 6,500 square foot Addition Site Plan Page 344 of 378 4923-2047-7088.1 PUBLIC UTILITY EASEMENT AGREEMENT Recorder’s Cover Sheet Preparer Information: Kutak Rock LLP 1650 Farnam Street Omaha, Nebraska 68102 402-231-8822 After Recording, Return Document To: Wal-Mart Real Estate Business Trust 814 Respect Drive – Always Building Bentonville, AR 72716 Attn: Real Estate Manager Grantor: Wal-Mart Real Estate Business Trust, a Delaware statutory trust Grantee: City of Waterloo, a municipal corporation in the State of Iowa Waterloo Water Works, a public utility provider in the City of Waterloo, Iowa Property: See Exhibits A and B Page 345 of 378 1 4923-2047-7088.1 PUBLIC UTILITY EASEMENT AGREEMENT THIS PUBLIC UTILITY EASEMENT AGREEMENT (this “Agreement”) is entered into and effective this _________ day of ____________, 2026 (the “Effective Date”), by and between WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust (“Grantor”), and the CITY OF WATERLOO, a municipal corporation in the State of Iowa (the “City”), and WATERLOO WATER WORKS, a public utility provider in the City of Waterloo, Iowa (“Water Works” and together with the City, “Grantee”). Grantor, the City, and Water Works are also collectively referred to herein as the “Parties,” and each in their respective individual capacities as a “Party.” RECITALS WHEREAS, Grantor is the owner of certain real property located in Black Hawk County, Iowa, as legally described and identified as the “Grantor Property” on Exhibit A attached hereto and generally depicted on Exhibit B attached hereto; and WHEREAS, Grantee has requested from Grantor, and Grantor desires to grant to Grantee, a non- exclusive, perpetual easement, on, upon over, under, and through a portion of the Grantor Property, as legally described and generally depicted on Exhibit B attached hereto (the “Easement Area”), for the purposes set forth herein. AGREEMENT NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, a non-exclusive, perpetual easement on, upon, over, under, and through the Easement Area for the development, installation, construction, reconstruction, operation, utilization, maintenance, repair, replacement, and removal of a water main pipeline and appurtenant facilities and fixtures that are accessory to, reasonably related to, or necessary for use in connection therewith (collectively, the “Facilities). Grantee shall at all times have the right of ingress, egress, and access to and along the Easement Area, only as to that portion of the Grantor Property as may be reasonably necessary for the exercise of Grantee’s rights hereunder; provided, however, that Grantee shall use reasonable efforts to minimize interference with Grantor’s use of the Grantor Property and shall restore any disturbed areas as nearly as practicable to their condition immediately prior to such entry. In no event shall the Easement Area be used by Grantee, or its employees, agents, contractors, vendors, or invitees, as a staging area for any equipment, trucks, dirt, supplies, soil, or material. Notwithstanding any contrary provision contained herein, in the event Grantee fails to use the Easement Area and the Facilities located therein for their intended purpose, or otherwise fails to maintain and repair the same, for a continuous period of two (2) years, then the rights granted under this Agreement shall terminate automatically. Upon written notice from Grantor following such termination, Grantee shall, within a reasonable period of time (and in any case, no later than one hundred twenty (120) days after receipt of Grantor’s notice), remove all Facilities located within the Easement Area and restore the Easement Area as nearly as practicable to its condition immediately prior to installation. 2. Permits; Licenses; Applicable Law. Grantee shall secure, maintain, and comply with all required licenses, permits, and certificates relating to, or otherwise necessary or appropriate for, the construction, installation, repair, replacement, and maintenance of the Facilities. Grantee shall comply with Page 346 of 378 2 4923-2047-7088.1 any and all applicable federal, state, and local laws, rules, regulations, statutes, codes, orders, and ordinances, including, but not limited to, those governing the prevention, abatement, and elimination of pollution and/or protection of the environment and the employment of its workers. Grantee acknowledges that it is Grantee's sole responsibility to obtain any governmental permits to perform any required maintenance checks, and to abide by any governmental regulations associated with the use, construction, patrolling, replacement, and maintenance of the Facilities, as applicable. 3. Maintenance; Restoration. (a) Grantee shall exercise reasonable care to avoid unnecessary damage to the Easement Area and the remainder of the Grantor Property. Grantee shall restore the Easement Area and the remainder of the Grantor Property (including, without limitation, any landscaping, sod, trees, shrubbery, buildings, and improvements) to, as close as is reasonably possible, the condition immediately preceding Grantee’s activities thereon and shall repair any damage thereto caused by Grantee or its agents during the exercise of the rights granted herein, so that Grantor, and its successors and assigns, shall have the free and unobstructed use thereof, subject to the rights of Grantee herein provided. All repair, replacement, maintenance, or renovation of the Facilities within the Easement Area shall be at Grantee’s sole cost and expense and shall be performed in compliance with all applicable laws. Grantee shall keep the Grantor Property free of liens attributable to Grantee’s work. (b) If, in an emergency, it shall become necessary for Grantor to promptly make any repairs that otherwise would have been the responsibility of Grantee, or if Grantee shall fail to adequately maintain the Easement Area as provided herein, then Grantor, at Grantor’s sole option, but not the obligation, may proceed forthwith to have the repairs made and pay the cost thereof, and to receive reimbursement therefor from Grantee within thirty (30) days after a written request fort he same. In su ch instances, Grantor shall provide Grantee with oral notification of its intention to make such repairs or the occurrence of such repairs, at the earliest practicable time given the nature and extent of the emergency. 4. Indemnification. Grantor, its successors and assigns, will not be responsible for damage by others to the Facilities. Grantee shall indemnify, defend and hold harmless Grantor and Grantor Parties from any damages or liability to persons or property that might arise from the use, construction, removal, operation, or maintenance of the Easement Area and the Facilities located therein, by Grantee and/or the Grantee Parties. For purposes of this Agreement, (i) “Grantee Parties” shall refer to and include Grantee’s agents, employees, officers, managers, contractors, vendors, and anyone authorized by or otherwise under the control of Grantee, and (ii) “Grantor Parties” shall refer to and include Grantor’s agents, employees, officers, managers, contractors, vendors, and invitees. 5. Hazardous Materials. Grantee, its successors and assigns, shall indemnify, defend, and hold harmless Grantor and the Grantor Parties from and against any and all losses, liabilities (including strict liability), damages, injuries, expenses, and costs, including, without limitation, reasonable attorney's fees, of any settlement or judgment and claims of any and every kind whatsoever paid, incurred, or suffered by, or asserted against, Grantor, its successors and assigns by any person or entity or governmental agency, for, with respect to, or as a direct or indirect result of the escape, seepage, leakage, spillage, emission, discharge, or release of any Hazardous Substance and/or Hazardous Material (as those terms may be defined in the acts recited hereinbelow) resulting from t he operations of Grantee or the Grantee Parties upon or under the Grantor Property or any portion thereof, including without limitation, any losses, liabilities (including strict liability), damage, injuries, expenses, and costs, including, without limitation, reasonable attorney's fees, of any settlement or judgment or claims asserted or arising under, as amended, the Page 347 of 378 3 4923-2047-7088.1 Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act (and any and all amendments to the above- referenced acts), any so called federal, state or local “Superfund” or “Superlien” statute, or any other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including strict liability), or standards of conduct concerning any such Hazardous Substance and/or Hazardous Material. 6. Default. If Grantee defaults in the performance of any provision contained in this Agreement, Grantor may exercise any and all remedies available at law or in equity, following written notice and a fifteen (15)-day period during which Grantee shall have the opportunity to cure such default to Grantor's reasonable satisfaction. 7. Runs with Land; Binding Effect. This Agreement (including all easements and rights granted herein) shall run with the Grantor Property and shall be perpetual in nature, and the benefits and burdens herein contained shall inure to and bind the Parties’ respective heirs, personal repres entatives, successors, and assigns, subject to the termination provisions in Section 1 above. 8. No Waiver. The failure of any Party to insist on the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same s hall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. Notice. Any notices, demands, or requests made pursuant to, under, or by virtue of this Agreement shall be in writing and shall be deemed to have been given, received, and become effective: (i) if personally delivered, on the date of personal delivery; (ii) if delivered by express mail or nationally recognized overnight courier service, on the next business day if designated for overnight delivery; or (iii) if mailed to the Party by certified or registered mail, postage prepaid, return receipt requested, on the date that is three (3) days after deposit in the mail. Notices shall be addressed to the Parties as follows (or to any successor party hereto at the address on file with the Black Hawk County Assessor’s Office): If to Grantor: Wal-Mart Real Estate Business Trust Attn: Real Estate Manager 814 Respect Drive – Always Building Bentonville, AR 72716 If to Grantee: City of Waterloo, Iowa Attn: 715 Mulberry Street Waterloo, IA 50703 10. Further Assurances. Each Party hereto agrees to execute and deliver all such further documents and to take such further actions as may be necessary or reasonably requested by any other Party hereto to effectuate fully the terms and provisions of this Agreement. 11. Recitals and Exhibits. The Recitals written above and the Exhibits attached hereto and referred to herein are incorporated by reference into this Agreement. Page 348 of 378 4 4923-2047-7088.1 12. Governing Law. The Parties agree that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 13. Attorney Fees. Any Party hereto may enforce this Agreement by appropriate legal action and the prevailing Party in such action may recover, as part of its costs in such action, reasonable attorneys’ fees and court costs. 14. Modification. Any modification of this Agreement or additional obligation assumed by any Party in connection with this Agreement shall be binding only if evidenced in a writing that is signed by each Party or an authorized representative of each Party. 15. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and any prior understanding or representation of any kind preceding the Effective Date of this Agreement shall not be binding on each Party except to the extent incorporated in this Agreement. 16. Headings. The headings of the Sections contained herein are intended for reference purposes only and shall not be used to interpret the agreement contained herein or the rights granted hereby. 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. [Signature on following page.] Page 349 of 378 [Signature Page to Public Utility Easement Agreement] 4923-2047-7088.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date set forth above. GRANTOR: WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust By: Name: Title: STATE OF ) ) ss. COUNTY OF ) On this ______ day of __________________________, 2026, before me, personally appeared _____________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity as _____________________________ of Wal -Mart Real Estate Business Trust, a Delaware statutory trust, and that by their signature on the instrument, the trust upon behalf of which they acted, executed the instrument. WITNESS my hand and official seal. Notary Public My Commission Expires: Page 350 of 378 [Exhibit A to Public Utility Easement Agreement] 4923-2047-7088.1 EXHIBIT A Legal Description of Grantor Property Lot 1, in Crossroads Plat No. 3, in Waterloo, Black Hawk County, Iowa. Page 351 of 378 [Exhibit B to Public Utility Easement Agreement] 4923-2047-7088.1 EXHIBIT B Legal Description and Depiction of Easement Area A perpetual 20-foot-wide watermain easement, being part of Lot 1 of “Crossroads Plat No. 3” per plat of record in Plat Book W, Page 85 of the Black Hawk County, Iowa records, said easement being more fully described, to wit: Commencing at the northeast corner of said Lot 1, also being on the south right-of-way of Flammang Drive; thence on the north line of said Lot 1 and the south right-of-way of Flammang Drive S 89° 25' 53" W 80.33 feet to the Point of Beginning; thence leaving said lot line and right-of-way line S 00° 34' 07" E 46.25 feet; thence S 22° 35' 14" W 269.23 feet; thence S 88° 32' 20" W 544.20 feet; thence S 01° 27' 40" E 16.00 feet; thence S 88° 32' 20" W 20.00 feet; thence N 01° 27' 40" W 16.00 feet; thence S 88° 32' 20" W 16.90 feet; thence S 00° 29' 07" E 435.40 feet; N 89° 12' 49" E 64.24 feet; thence S 01° 26' 13" E 66.76 feet to a point on the south line of said Lot 1; thence on said south line S 89° 14' 42" W 20.00 feet; thence leaving said south line N 01° 26’ 13" W 46.74 feet; thence S 89° 12' 49" W 64.57 feet to a point on the west line of said Lot 1; thence along said west line N 00° 29' 07" W 475.41 feet; thence leaving said west line N 88° 32' 20" E 587.78 feet; thence N 22° 35' 14" E 252.15 feet; thence N 00° 34' 07" W 42.15 feet to a point on the north line of said Lot 1, also being on the south right-of-way of Flammang Drive; thence on said lot line and right-of-way line N 89° 25' 53" E 20.00 feet to the Point of Beginning; Containing 29,640 square feet, more or less. [SEE DEPICTION ON FOLLOWING PAGE] Page 352 of 378 ABCDEFGH234521345ABCDEFGH1SCALE: 1" = 100'0100'200'LEGENDLEGAL DESCRIPTION:EASEMENT AREA (20 FOOT WIDE WATERMAIN EASEMENT):A perpetual 20 foot wide watermain easement, being part of Lot 1 of“Crossroads Plat No. 3” per plat of record in Plat Book W, Page 85 ofthe Black Hawk County, Iowa records, said easement being more fullydescribed, to wit:Commencing at the northeast corner of said Lot 1, also being on thesouth right-of-way of Flammang Drive; thence on the north line of saidLot 1 and the south right-of-way of Flammang Drive S 89° 25' 53" W80.33 feet to the Point of Beginning; thence leaving said lot line andright-of-way line S 00° 34' 07" E 46.25 feet; thence S 22° 35' 14" W269.23 feet; thence S 88° 32' 20" W 544.20 feet; thence S 01° 27' 40" E16.00 feet; thence S 88° 32' 20" W 20.00 feet; thence N 01° 27' 40" W16.00 feet; thence S 88° 32' 20" W 16.90 feet; thence S 00° 29' 07" E435.40 feet; N 89° 12' 49" E 64.24 feet; thence S 01° 26' 13" E 66.76feet to a point on the south line of said Lot 1; thence on said south lineS 89° 14' 42" W 20.00 feet; thence leaving said south lineN 01° 26' 13" W 46.74 feet; thence S 89° 12' 49" W 64.57 feet to a pointon the west line of said Lot 1; thence along said west line N 00° 29' 07"W 475.41 feet; thence leaving said west line N 88° 32' 20" E 587.78feet; thence N 22° 35' 14" E 252.15 feet; thence N 00° 34' 07" W 42.15feet to a point on the north line of said Lot 1, also being on the southright-of-way of Flammang Drive; thence on said lot line andright-of-way line N 89° 25' 53" E 20.00 feet to the Point of Beginning;Containing 29,640 square feet, more or less.EXHIBIT "B" 20' WIDE WATERMAIN EASEMENTWALMART #01496-2451334 FLAMMANG DRIVEWATERLOO, BLACK HAWK CO., IAPage 353 of 378 OPDEXPANSION6,496 S.F.F.F.E.=868.74~HDA~~HDA~~SDA~~SDA~~SDA~~SDA~~SDA~~SDA~REVISIONS1234ABCDEFGHIJKLMNOPQRST1234567891011121314ABCDEFGHIJKLMNOPQRST1234567891011131412SITE PLANSCALE: 1" = 20'020'40' #01496-245 1334 Flammang Drive Waterloo, Black Hawk County, Iowa 50702 Walmart, Inc. 2608 SE J Street Bentonville, AR 72716 SARAH DR.KEY MAPSCALE: 1" = 200'0200'400'FLAMMANG DR.EAST SAN MARNAN DR.ALEXANDRA DR.LICENSED PRO F E S SIONA L E NGINEERIOW A RICK G. ROHLFING 19049 WALMART#01496APPROX. LOCATIONOF PROPOSEDODP EXPANSIONAPPROXIMATE LOCATIONOF EXISTING PICKUP AREAPROPERTY LINEAPPROXIMATE LOCATIONOF PROPOSED PICKUP AREAALEXANDRA DR.PROPERTY LINE SAN MARNAN ACCESS DR.PAINTING STRIPING LEGEND·”··”·””·“””··PAVEMENT LEGENDPROPOSED HEAVYDUTY ASPHALT (HDA)EXISTING STANDARDDUTY PAVEMENTBUILDING & SIDEWALKCONCRETE(SEE ARCH. PLANS AND SPECS.)PROPOSED STANDARDDUTY ASHPALT (SDA)TOTAL BUILDING AREAREQUIRED PARKING (PER CITY OF WATERLOO, IA)REQUIRED PARKING RATIO (PER CITY OF WATERLOO, IA)CUSTOMER AND ASSOCIATE PARKINGACCESSIBLE PARKINGEV PARKINGPICKUP PARKINGPARKING SPACES OCCUPIED BY CART CORRALS(NOT INCLUDED IN PARKING COUNTS BELOW)PROPOSED TOTAL PARKING EXCLUDING PICKUP STALLSPROPOSED PARKING RATIO EXCLUDING PICKUP STALLSPROPOSED TOTAL PARKING INCLUDING PICKUP STALLSPROPOSED PARKING RATIO INCLUDING PICKUP STALLS206,143 S.F.687 SPACES3.33/1,000 S.F.919 SPACES20 SPACES0 SPACES20 SPACES36 SPACES939 SPACES4.56/1,000 S.F.959 SPACES4.65/1,000 S.F.EXISTINGPROPOSEDSITE ANALYSIS TABLE (EXISTING STORE)212,639 S.F.711 SPACES3.33/1,000 S.F. 871 SPACES20 SPACES0 SPACES45 SPACES36 SPACES891 SPACES4.19/1,000 S.F. 936 SPACES4.40/1,000 S.F.PARKING INFORMATION NOTES1. BUILDING SQUARE FOOTAGES CONFIRMED BY REBECCA SALGADO WITH HFA ARCHITECTURE, 9/22/25.2. NO ECR CONFIRMED BY CHRIS MALKERSON ON 08/25/2025.3. PARKING LOT ADJACENT TO WALMART PROPERTY IS OWNED BY D&J INVESTMENTS INC. AND WALMART HAS A 100YEAR LEASE FOR PARKING LOT USE AND ACCESS AS CONFIRMED BY STORE MANAGER 11/05/2024.4. DOCUMENT 2003-10495 RECORDED 10/18/2002 IS A GROUND LEASE BETWEEN WAL-MART REAL ESTATE BUSINESSTRUST AND D&J INVESTMENTS, INC. FOR THE PORTION OF THE PARKING LOT DESCRIBED IN NOTE #3. BASED ON THISDOCUMENT, WALMART HAS THE RIGHT AT ITS OWN COST AND EXPENSE, TO MAKE REASONABLE CHANGES ORALTERATIONS TO THE IMPROVEMENTS, AND MAY RAZE OR DESTROY THE IMPROVEMENTS, PROVIDED THE SAME ARECONSISTENT WITH THE APPROVED USES OF A PARKING LOT, LOADING DOCK, LIGHTING AND RELATED IMPROVEMENTSTHAT ARE IN ACCORDANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS OF THE APPROPRIATEGOVERNMENTAL AUTHORITIES.5. PARKING SPACES OCCUPIED BY CART CORRALS CONSIST OF 14 DOUBLE AND 8 SINGLE CART CORRALS. CARTCORRALS THAT ARE WITHIN THE PROPOSED OPD PARKING AREAS SHALL BE RELOCATED. CONTRACTOR SHALLCOODINATE BEW CART CORRAL LOCATIONS WITH THE STORE MANAGER.Page 354 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution approving a Temporary Easement Agreement in the amount of $500.00 with Sandra K. Wright and Robert E. Wright, located at 3029 Huntington Road, in conjunction with the Katoski Drive/Huntington Road reconstruction project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution approving a Temporary Easement Agreement in the amount of $500.00 with Sandra K. Wright and Robert E. Wright, located at 3029 Huntington Road, in conjunction with the Katoski Drive/Huntington Road reconstruction project, and authorizing the Mayor and City Clerk to execute said document. The temporary easement is for the purposes of doing grading and reseeding, along with constructing a new recreational trail. This easement will also remove trees at the front of the property. The grading is needed to ensure the slope of the land is maintainable after construction is completed. NEIGHBORHOOD IMPACT The temporary easement would not negatively impact the surrounding area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Local Option Sales Tax. ALTERNATIVE ACTION Page 355 of 378 LEGAL DESCRIPTION ATTACHMENTS 1. Temporary Easement Agreement Page 356 of 378 1 Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Phone (319) 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the “Agreement”) is entered into as of __________________, 2026 by and between the City of Waterloo, Iowa (“Grantee”) and SANDRA K WRIGHT/ROBERT E WRIGHT (“Grantor”). 1. Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, in the amount of $500.00, the receipt and sufficiency of which is hereby acknowledged Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for purposes relating to construction of the Improvements (the “Temporary Easement”) in, to, upon, over, across, and beneath the real estate (the “Temporary Easement Premises”) as set forth on Exhibit “A” attached hereto and by this reference made a part hereof. 2. Purpose. The Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to reconstruct Katoski Drive, Huntington Road, and adjoining street connections, utility improvements, grading, seeding, and installation of sidewalk and trail. (the “Improvements”). Following completion of Grantee’s work in the Premises, Grantee shall restore the Premises to its condition prior to the commencement of construction work, including but not limited to reseeding any grassed areas disturbed by construction activities, and Grantor shall be responsible for watering any reseeded areas. It is the intention of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises, and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor’s own negligent acts or omissions or willful misconduct. The Agreement will be in place until the acceptance of the project. The projected acceptance date is August of 2028. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Temporary Easement Premises to Grantee, “as is, where is”, without any representation or warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary Easement Premises in any way for Grantee’s use. Following transfer of possession of the Temporary Easement Premises, Grantor shall have no further duty or obligation with respect to same, except as set forth herein. Grantor may mow or care for grasses and vegetation growing in the Temporary Easement Premises during the period of this Agreement but may not conduct other activities upon the Temporary Easement Premises without the prior written consent of Grantee. Grantor agrees that any activities that Grantor, its officers, employees, contractors or agents undertake on the Temporary Page 357 of 378 Page 358 of 378 LC LC LCLC LC LC 12/4/2025pw://foth-pw.bentley.com:foth-pw-01/Documents/Clients/Waterloo IA C/Huntington Road and Katoski Drive Recons/CAD/Displays/Parcel Displays/0025W013.00_PARC11:15:17 AMMB GW SBUV SB SIGN SB GW SB MB SB GW SB TPD SB EB EB HUNTINGTON ROAD 42.6' 36.9' 42.1'10.0'120.0'20.0'CITY OF WATERLOOCITY OF CEDAR FALLS1000+00999+001001+0010 SANDRA K WRIGHT ROBERT E WRIGHT 3029 HUYNTINGTON ROAD SECTION LINE REMOVE STORM PIPE GRADING LIMITS TEMPORARY EASEMENT: 1,803 SQ. FT. 0 4020 SCALE: 1"= 40' LEGEND RIGHT-OF-WAY LINES TEMPORARY EASEMENT LINES PERMANENT EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT GRADING LIMITS REMOVAL PARCEL IMPACT DISPLAYKATOSKI DR RECONSTRUCTIONHUNTINGTON RD AND A. FLOY CHECKED: G. MEIDENBAUERDRAWN: PARCEL 10 © 2025 Microsoft Corporation © 2025 Maxar ©CNES (2025) Distribution Airbus DS Exhibit "A" Page 359 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director Planning & Zoning Department October 5, 2026 AGENDA ITEM TITLE Resolution approving an Amendment to the AIA - 2017 Standard Form Agreement with Plunkett Raysich Architects, LLP, dated February 10, 2025, titled Waterloo Police Support Campus to amend the project location to 100 E. 5th Street, and to amend the timeline and the project budget to $5,300,000.00, and fee schedule, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The proposed amendment is to change the scope of work to evaluate 100 E. 5th Street for Police and Black Hawk County Sheriff Support Campus. The budget for the project is being amended at $5,300,000 with the change in the scope of work and related changes to the contract. The fee schedule is changing from to 8.5%. The amendment is adding existing facilities analysis for lump sum fee of $25,000.00 and detailed cost estimating for Lump sum fee of $12,000. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Bonds or TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Page 360 of 378 ATTACHMENTS 1. 250032-01 Police Evidence B101 Amendment 1 UNSIGNED 09-23-2026 Page 361 of 378 PRA Project No. 250032 -01 & 250032-02 23 September 2026 AMENDMENT 01 When signed by all parties, this document will act as an Amendment to our AIA B101 – 2017 Standard Form Agreement between Owner and Architect , dated February 10, 2025 titled Waterloo Police Support Campus . This Amendment is for a revision of scope and location . Note that the project design phase is reset to schematic design. Fees are adjusted per modifications of Article 11.1 (see below). Modify Article 1.1.1: Replace description of Owner’s program as follows: Renovate the existing building to provide space for the following program areas: 1. Evidence processing center with intake, offices, lab, electronics, vehicle processing, evidence storage, breakroom, and restrooms. 2. Training wing with defense training area, armory, ammunition room, classroom, workout room, an office, and restrooms. 3. Tactical unit staging area consisting of a garage, locker room, office, and restrooms. Modify Article 1.1.2: Replace description of Project’s physical characteristics as follows: The site is 100 E 5 th Street in Waterloo, IA . The property includes a single -story building of approximately 48,000 square feet . Precast, pre -engineered metal, and stick -framed construction are evident in the building and its current additions. Article 1.1.3: The estimated Cost of Work is $5,300,000. The Owner’s acknowledges this as the Project budget. Modify Article 1.1.4: .1 Complete Construction Documents by end of April 202 7 .2 Construction anticipated to commence spring of 2027 .3 Substantial completion is to be determined . Intended completion of lab portion to be prior to completion of new City Hall renovation project in September 2027 Modify Article 4.1.4: Indicate Existing facilities surveys are to be provided by the Architect – See 11.2. Modify Article 4.1.10: Indicate Detailed cost estimat ing is to be provided by the Architect – See 11.2. Modify Article 11.1: Adjust Percentage Basis to 8.5%. *Assumes a single phase of construction for Construction Administration. Modify Article 11.2: Add 4.1.4 Existing facilities analysis for Lump sum fee of $25,000. Add 4.1.10 Detailed cost estimating for Lump sum fee of $12,000.* *This represents preliminary estimate and detailed design development review. Page 362 of 378 Waterloo Police Dept Support Campus PRA Project No. 250032 -01 & 250032-02 23 September 2026 Page 2 OWNER: ARCHITECT: City of Waterloo, IA Plunkett Raysich Architects, LLP By _____________________________________ By __________________________________________ (Signature) (Signature) Dave Boeson Andrew Bel l Mayor Partner Page 363 of 378 COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Finance Department October 5, 2026 AGENDA ITEM TITLE Resolution of the City of Waterloo, Iowa, authorizing official banking signatures. 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. 2026-00 - 10.05.2026 Page 364 of 378 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2026- RESOLUTION OF THE CITY OF WATERLOO, AUTHORIZING OFFICIAL BANKING SIGNATURES. WHEREAS, accounts have been established in the name of the City of Waterloo, Iowa with Bank Iowa of Waterloo, IA, Community Bank & Trust of Waterloo, IA, Farmers State Bank of Waterloo, IA, First Security State Bank of Evansdale, IA, Great Western Bank of Waterloo, IA, Iowa Public Agency Investment Trust of Des Moines, IA, Trust Lincoln Savings Bank of Waterloo, IA, Heartland B & T of Waterloo, IA, Public Employees Credit Union of Waterloo, IA, Regions Bank of Waterloo, IA, Stifel Nicolaus & Company, Inc. of Waterloo, IA, UMB Bank (formerly Bankers Trust) of Des Moines, IA, US Bank of Waterloo, IA, Veridian Credit Union of Waterloo, IA, Wells Fargo Bank, N.A. of Waterloo, IA, wherein may be deposited any of the funds of the City of Waterloo whether represented by cash, check, note, or other evidences of debt, and from which deposit withdrawals may be made in the name of the City of Waterloo, Iowa by duly authorized officials of the city. NOW, THEREFORE, BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO IOWA, AS FOLLOWS: Section 1. Powers Granted: That the City Council of the City of Waterloo, Iowa hereby grants the officials named below the authority to sign on the City of Waterloo's financial accounts. Dave Boesen, Mayor Bridgett Wood, Finance Director Kim Bahr, Assistant Finance Director Emily Graham, Financial Analyst Meagan Visser, Financial Analyst Beth Wayne, Accounting Technician Kelley Felchle, City Clerk LeAnn Even, Deputy Clerk Nancy Higby, Deputy Clerk Ryan Stuber, Clerk Specialist Lindzy Rozmus, Administrative Support Professional Carrie Jackson, District General Manager for Oakview Group Jim Burbridge, Waterloo Convention Center General Manager from Oakview Group Section 2. That the City Council of the City of Waterloo, Iowa hereby grants the officials of the Waterloo Police Department named below the authority to sign only on the account designated as the Waterloo Police Department Property Account at Farmers State Bank. Michael Girsch Kelsey Gifford Ruth Muller Michelle Boesen Section 3. Accounts Payable and Payroll Checks: That the Mayor and the Financial Analysts names shall appear on accounts payable checks and payroll checks. Section 4. Previously Adopted Resolutions: Any resolution previously adopted by the City Council of the City of Waterloo, Iowa establishing authorized signers on the City of Waterloo's financial accounts is hereby rescinded. PASSED AND ADOPTED this 5th day of October 2026. ___________________________ Dave Boesen, Mayor Page 365 of 378 Resolution No. 2026- Page 2 ATTEST: ________________________ Kelley Felchle, City Clerk SEAL Page 366 of 378 ORDINANCE NO. _____________ AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SECTION 2 OF CHAPTER 10, HUMAN RIGHTS COMMISSION, TITLE 1, ADMINISTRATION, AND ENACTING IN LIEU THEREOF A NEW SECTION 2 OF CHAPTER 10, HUMAN RIGHTS COMMISION, TITLE 1, ADMINISTRATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Section 2 of Chapter 10, Human Rights Commission, Title 1, Administration, is hereby repealed and new Section 2 is enacted in lieu thereof as follows: 2-10-2: COMPOSITION AND MEMBERSHIP: A. The term of a member of the commission appointed after March 10, 2026 shall be for two (2) years. No member of said commission shall serve more than six (6) years. If a commission member’s service reaches six (6) years during a three (3) or two (2) year term, their service shall terminate. The mayor may appoint and the city council may confirm an individual to finish said term so that staggered terms may continue. B. The commission shall elect a chair and vice chair from the members of the commission. C. All members of the commission shall serve without compensation, but shall be reimbursed for necessary travel and other expenses, out of the funds appropriated for the commission. (Ord. 4145, 1-8-1996) D. The mayor, subject to approval by the city council, may appoint an executive director who shall not be a member of the commission. If an executive director is not appointed, the mayor shall designate a qualified employee or employees of the city to fulfill the executive director’s duties. The executive director and the commission staff shall be compensated in such amounts as may be fixed by the city council. Additional personnel may be hired as is deemed necessary to carry out the purposes of this chapter consistent with the funds appropriated for that purpose and any gifts or grants which the commission may receive from other sources. (Ord. 4064, 1-3-1995) Section 2. If any section, provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. INTRODUCED: ______, 2024 PASSED 1st CONSIDERATION: ______, 2024 PASSED 2nd CONSIDERATION: ______, 2024 PASSED 3rd CONSIDERATION: ______, 2024 PASSED AND ADOPTED this ____ day of _______________, 2024. ______________________________ Quentin Hart, Mayor ATTEST: _______________________________ Kelley Felchle City Clerk Page 367 of 378 Ordinance No. ________ Page 2 Page 368 of 378 CHAPTER 10 HUMAN RIGHTS COMMISSION SECTION: 2-10-1: Commission Created 2-10-2: Composition And Membership 2-10-3: Meetings 2-10-4: Confidentiality Issues 2-10-5: Powers And Duties 2-10-1: COMMISSION CREATED: There is hereby established in the city government a commission to be known as the commission on human rights, which commission shall consist of nine (9) members broadly representative of the community. Members of said commission shall be appointed by the mayor and confirmed by the city council. (Ord. 5064, 8-1-2011) 2-10-2: COMPOSITION AND MEMBERSHIP: A. Of the members first appointed, three (3) shall be appointed for one year, four (4) shall be appointed for two (2) years and three (3) shall be appointed for three (3) years; thereafter all appointments shall be for three (3) years. The term of a member of the commission appointed after March 10, 2026 shall be for two (2) years. No member of said commission shall serve more than six (6) years. If a commission member’s service reaches six (6) years during a three (3) or two (2) year term, their service shall terminate. The mayor may appoint and the city council may confirm an individual to finish said term so that staggered terms may continue. two (2) consecutive terms and shall not be reappointed to a third term unless said member has not served on any board or commission of the city for a minimum of one year before reappointment to any board or commission; except a third term may be approved upon extraordinary circumstances and unavailability of applicants. B. The commission shall elect a chair and vice chair from the members of the commission. C. All members of the commission shall serve without compensation, but shall be reimbursed for necessary travel and other expenses, out of the funds appropriated for the commission. (Ord. 4145, 1-8-1996) D. The mayor, subject to approval by the city council, may shall appoint an executive director who shall not be a member of the commission. If an executive director is not Page 369 of 378 appointed, the mayor shall designate a qualified employee or employees of the city to fulfill the executive director’s duties. The executive director and the commission staff shall be compensated in such amounts as may be fixed by the city council. Additional personnel may be hired as is deemed necessary to carry out the purposes of this chapter consistent with the funds appropriated for that purpose and any gifts or grants which the commission may receive from other sources. (Ord. 4064, 1-3-1995) 2-10-3: MEETINGS: A. All meetings of the commission shall be held in accordance with Iowa Code chapter 21. B. Any five (5) members shall constitute a quorum, except when membership on the commission falls below nine (9), in which case a quorum shall be the majority of those serving. C. All records of the commission shall be in compliance with the requirements of Iowa Code chapter 22. (Ord. 4064, 1-3-1995; amd. Ord. 4145, 1-8-1996; Ord. 5064, 8-1-2011) 2-10-4: CONFIDENTIALITY ISSUES: No member of the commission or its staff shall disclose the filing of a complaint, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, conciliation or persuasion, unless such disclosure is made in connection with the conduct of an investigation or after public hearing is scheduled or district court action is commenced upon a complaint filed as provided in title 5, chapter 3 of this code. This section does not prevent any complainant, respondent, witness or other person involved in the matter complained of from disclosing information known to them, provided that such person is not a member of the commission or its staff. Any violation of this section shall be punishable by a fine not to exceed one hundred dollars ($100.00). (Ord. 4871, 5-29-2007) 2-10-5: POWERS AND DUTIES: The commission shall have the following powers and duties: A. To hold meetings at intervals of not less than once per month at a time and place to be determined by the commission. B. To prescribe the duties of a director and such investigators and other employees and agents as the commission shall deem necessary for the enforcement of this chapter. C. To receive, investigate and finally determine the merits of complaints alleging unfair or discriminatory practices. Page 370 of 378 D. To investigate and study the existence, character, causes and extent of discrimination in public accommodations, employment, apprenticeship programs, on the job training programs, vocational schools, extension of credit, real estate, financial transactions and housing in this city and to attempt the elimination of such discrimination by education and conciliation. (Ord. 4064, 1-3-1995) E. To subpoena books, papers, records and any other real evidence necessary to the investigation of any complaint filed pursuant to this chapter. As further set forth below, the commission may also subpoena persons for testimony after notice of hearing has been issued. 1. The executive director, or designee, shall issue subpoenas. 2. Before a subpoena is sought to determine whether the agency should institute a contested case proceeding, the commission staff shall make a request in written form to the person having possession of the requested material or real evidence. The written request shall be hand delivered by a member of the commission staff or sent by certified mail, return receipt requested. Where a person fails to provide requested information a subpoena for the information may be issued. A subpoena may be issued not less than seven (7) days after the written request has been delivered to the person having possession of the requested materials. Subpoenas may be issued without prior oral or written requests where notice of a pending public hearing has been issued. 3. Every subpoena shall state the name of the commission, the purpose for which the subpoena is issued and the name and address of the party on whose behalf it was issued. 4. The subpoena shall be directed to a specific person, or their attorney, or an officer, partner or managing agent of any person who is not a natural person. The subpoena shall command that person to produce designated books, papers or other real evidence under his or her control at a specified time and place. Where a public hearing has been scheduled, the subpoena may command the person to whom it is directed to attend and give testimony concerning such records and evidence either before or at the hearing. 5. The subpoena shall be served either by personal service or by an official authorized by law to serve subpoenas or by any member of the commission staff by delivery of a copy thereof to the person named therein. 6. Where service is accomplished by personal service, proof of service will be acknowledgment of receipt by the person served or by the affidavit of the person serving the subpoena. 7. Upon prompt petition by the person to whom the subpoena is addressed, the executive director or designee may quash or modify a subpoena where it is demonstrated by the petitioner that reasonable cause exists to quash said subpoena. 8. Where a party fails to respond to a subpoena, the executive director or designee may authorize the filing of a petition for enforcement with the district court. Page 371 of 378 9. Subsequent to notification to a respondent of the approval of a hearing upon the merits of complaint, legal counsel, staff and respondent may employ prehearing discovery measures set forth in the Iowa administrative procedure act, in addition to oral interviews and informal requests for documents and other materials and information, and subpoenas may issue for testimony of witnesses in furtherance of discovery and investigative purposes. The subpoena may require the person to attend to give testimony either before or at the hearing. (Ord. 5076, 9-19-2011) F. To hold hearings upon any complaint made against a person, an employer, an employment agency, or a labor organization, or the employees or members thereof, to subpoena witnesses and compel their attendance at such hearings, to administer oaths and take the testimony of any person under oath, and to compel such persons, employer, employment agency or labor organization, or employees or members thereof, to produce for examination any books and papers relating to any matter involved in such complaint. The commission shall issue subpoenas for witnesses in the same manner and for the same purposes on behalf of the respondent upon his request. Such hearings may be held by the commission or by any hearing officer appointed by the commission. G. To take the necessary remedial action, as to the judgment of the commission, to carry out the purposes of this chapter. For purposes of this subsection and pursuant to the provisions of this chapter "remedial action" includes, but is not limited to, the following: 1. Hiring, reinstatement or upgrading. 2. Admission or restoration of individuals to programs, and admission to a public accommodation or an educational institution. 3. Sale, exchange, lease, rental, assignment or sublease of real property to an individual. 4. Payment to the complainant of damages for an injury caused by the discriminatory or unfair practice which damages shall include, but are not limited to, actual damages, court cost and reasonable attorney fees, and the issuance of an order requiring the respondent to cease and desist from said practice. 5. Reporting as to the manner of compliance. 6. Posting notices in conspicuous places in the respondent's place of business in form prescribed by the commission and inclusion of notice in advertising material. 7. In addition to the remedies provided in the preceding provisions of this subsection, the commission may issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take such affirmative action as in the judgment of the commission will carry out the purposes of this section as follows: a. In the case of a respondent operating by virtue of a license issued by the state or a political subdivision or agency, if the commission, upon notice to the respondent with an opportunity to be heard, determines that the respondent has engaged in a discriminatory or unfair practice and that the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by an Page 372 of 378 officer or executive agent acting within the scope of his employment, the commission shall so certify to the licensing agency. Where the licensing agency derives all or part of its authority from this city, it shall be bound by the commission finding, unless it is reversed in the course of judicial review. In the case of such a municipal licensing agency, where such a certification has been made, the licensing agency may initiate licensee disciplinary procedures. b. In the case of a respondent who is found by the commission to have engaged in a discriminatory or unfair practice in the course of performing under a contract or subcontract with the state or political subdivision or agency, if the practice was authorized, requested, commanded, performed or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of his employment, the commission shall so certify to the contracting agency. The finding of discrimination is binding on that contracting authority, unless the commission's finding of a discriminatory or unfair practice is reversed in the course of judicial review. c. Upon receiving a certification made under this chapter, a contracting authority may take appropriate action to terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with provisions of this chapter; and assist the state and all political subdivisions and agencies thereof to refrain from entering into further contracts. 8. The election of an affirmative order under subsection G7 of this section shall not bar the election of affirmative remedies provided in subsections G1 through G6 of this section. The terms of a conciliation agreement reached with the respondent may require him to refrain in the future from committing discriminatory or unfair practices of the type stated in the agreement, to take remedial action as in the judgment of the commission will carry out the purposes of this chapter and to consent to the entry in an appropriate district court of a consent decree embodying the terms of the conciliation agreement. Violation of such a consent decree may be punished as contempt by the court upon a showing by the commission of the violation at any time within six (6) months of its occurrence. In all cases where a conciliation agreement is entered into, the commission shall issue an order stating its terms and furnish a copy of the order to such persons as the commission deems proper. At any time in its discretion, the commission may investigate whether the terms of the agreement are being complied with by the respondent. H. To seek a temporary injunction against a respondent when it appears that a complainant may suffer irreparable injury as a result of an alleged violation of this chapter. In the event said respondent is the recipient of, or engaged in any program or activity through grants, loans, contracts or insurance from any federal or state agency, the commission shall seek to enjoin said federal or state agency, on a temporary basis, from further engagement with said respondent. A temporary injunction may only be sought ex parte, if the complaint filed with the commission alleges discrimination in housing. In all other cases a temporary injunction may be issued only after the respondent has been notified and afforded the opportunity to be heard. (Ord. 4064, 1-3-1995) Page 373 of 378 I. To issue such publications and reports of investigations and research as in the judgment of the commission shall tend to promote goodwill among the various racial, religious, ethnic and other groups within the city and which shall tend to minimize or eliminate discrimination in public accommodations, employment, apprenticeship and on the job training programs, vocational schools, housing or credit because of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability or age. (Ord. 4891, 11-13-2007) J. To prepare and transmit to the mayor and to the city council from time to time, but not less often than once each year, reports describing its proceedings, investigations, hearings conducted and the outcome thereof, decisions rendered and the other work performed by the commission. K. To make recommendations to the mayor and city council for such further legislation as may be necessary and desirable, and to adopt, publish, amend and rescind regulations consistent with and necessary for the enforcement of this chapter. (Ord. 4064, 1-3-1995) L. To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are consistent with those of this chapter and in the planning and conducting of programs designed to eliminate discrimination based on race, color, religion, creed, national origin, sex, sexual orientation, gender identity, disability or age. (Ord. 4891, 11-13-2007) M. To receive, administer, dispense and account for any funds that may be voluntarily contributed to the commission and any grants that may be awarded the commission for furthering the purposes of this chapter. N. To enter into contracts with federal and state civil rights agencies which would further the purposes of this chapter. O. To enter into contracts with federal and state civil rights agencies which would further the purposes of this chapter and seek from the equal employment opportunity commission, housing and urban development, the U.S. and Iowa civil rights commission, the designation as a deferral agency, which shall have legal precedence in all cases in its jurisdiction, except where otherwise agreed, or where a complainant requests in written form that the deferral agency not be notified. (Ord. 4064, 1-3-1995) Page 374 of 378 2-1-3: COMPOSITION AND MEMBERSHIP: A. Composition: The planning, programming and zoning commission shall consist of seven six (76) members from the city at large. All members of the commission shall be bona fide citizens and residents of the city of Waterloo and shall be over the age of eighteen. The terms of the members of the commission appointed by the community development board, human rights commission and Waterloo school board shall terminate December 31, 2026. and one member of each of the following boards and commissions of the city: community development board, human rights commission, and Waterloo school board. The seven six (76) commissioners from the city at large shall be appointed by the mayor subject to the approval of the city council and the board and commission representatives shall be selected by their respective board or commission as a whole. B. Term Of Office: The term of office of the members of the planning, programming and zoning commission who are members of boards, commissions or the city council shall coincide with their term of office on said board, commission or city council. The members of the planning, programming and zoning commission from the city at large shall serve a term of office of three (3) years. No member of said commission shall serve more than two (2) consecutive terms and shall not be reappointed to a third term unless said member has not served on any board or commission of the city for a minimum of one year before reappointment to any board or commission; except a third term may be approved upon extraordinary circumstances and unavailability of applicants. C. Filling Vacancies: If any commissioner from among the city at large representatives shall leave the planning, programming and zoning commission through resignation, removal or otherwise, the mayor shall appoint a successor subject to the approval of the city council. If any planning, programming and zoning commissioner who is a member of a board, commission or the city council shall leave the commission, the members of the respective board, commission or city council shall appoint a successor. D. Compensation: All members of the commission shall serve without compensation except their actual expenses, which shall be subject to the approval of the city council. E. Organization: The planning, programming and zoning commission shall annually elect, at its first last regular meeting of each calendar year for the following calendar year, one of its city at large commissioners to act as chair of the commission, and another of its members as vice chair, who shall perform all the duties of the chair during his absence, and a secretary. F. Rules And Regulations: The commission shall adopt such rules and regulations governing its organization and procedure as may be deemed necessary. G. Committees: The commission shall establish any and all committees deemed necessary for the execution of its powers and duties. Page 375 of 378 H. Meeting Attendance: Commission members are expected to attend all regular and special meetings of the commission. Any commission member who misses more than three (3) meetings (excused and/or unexcused) in a twelve (12) month period may be recommended for removal by the executive committee (chair, vice chair and secretary) to the mayor and city council. If a member has a valid excuse for nonattendance, the member shall notify the commission chairperson or secretary prior to the meeting. Any commission member can be removed for cause by the city council. (Ord. 4916, 6-23-2008) Page 376 of 378 ORDINANCE NO. _____________ AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SECTION 3 OF CHAPTER 1, PLANNING, PROGRAMMING AND ZONING COMMISSION, TITLE 2, BOARDS AND COMMISSIONS, AND ENACTING IN LIEU THEREOF A NEW SECTION 3 OF CHAPTER 1, PLANNING, PROGRAMMING AND ZONING COMMISSION, TITLE 2, BOARDS AND COMMISSIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Section 3 of Chapter 1, Planning, Programming and Zoning Commission, Title 2, Boards and Commissions, is hereby repealed and new Section 3 is enacted in lieu thereof as follows: 2-1-3: COMPOSITION AND MEMBERSHIP: A. Composition: The planning, programming and zoning commission shall consist of seven (7) members from the city at large. All members of the commission shall be bona fide citizens and residents of the city of Waterloo and shall be over the age of eighteen. The terms of the members of the commission appointed by the community development board, human rights commission and Waterloo school board shall terminate December 31, 2026. The seven (7) commissioners from the city at large shall be appointed by the mayor subject to the approval of the city council. B. Term Of Office: The members of the planning, programming and zoning commission shall serve a term of office of three (3) years. No member of said commission shall serve more than two (2) consecutive terms and shall not be reappointed to a third term unless said member has not served on any board or commission of the city for a minimum of one year before reappointment to any board or commission; except a third term may be approved upon extraordinary circumstances and unavailability of applicants. C. Filling Vacancies: If any commissioner shall leave the planning, programming and zoning commission through resignation, removal or otherwise, the mayor shall appoint a successor subject to the approval of the city council. D. Compensation: All members of the commission shall serve without compensation except their actual expenses, which shall be subject to the approval of the city council. E. Organization: The planning, programming and zoning commission shall annually elect, at its first last regular meeting of each calendar year for the following calendar year one of its city at large commissioners to act as chair of the commission, and another of its members as vice chair, who shall perform all the duties of the chair during his absence. F. Rules And Regulations: The commission shall adopt such rules and regulations governing its organization and procedure as may be deemed necessary. G. Committees: The commission shall establish any and all committees deemed necessary for the execution of its powers and duties. H. Meeting Attendance: Commission members are expected to attend all regular and special meetings of the commission. Any commission member who misses more than three (3) meetings (excused and/or unexcused) in a twelve (12) month period may be recommended for removal by the executive committee (chair, vice chair and secretary) to the mayor and city council. If a member has a valid excuse for nonattendance, the member shall notify the commission chairperson or secretary prior to the meeting. Any commission member can be removed for cause by the city council. (Ord. 4916, 6-23-2008) Section 2. If any section, provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Page 377 of 378 Ordinance No. ________ Page 2 Section 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by law on December 31, 2026. INTRODUCED: ______, 2026 PASSED 1st CONSIDERATION: ______, 2026 PASSED 2nd CONSIDERATION: ______, 2026 PASSED 3rd CONSIDERATION: ______, 2026 PASSED AND ADOPTED this ____ day of _______________, 2024. ______________________________ David Boesen, Mayor ATTEST: _______________________________ Kelley Felchle City Clerk Page 378 of 378