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Council Packet - 6/4/2018
THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, June 4, 2018 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate) and speak clearly into the microphone. 2. You may speak one (1)time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Cleric's office you may speak one(1)time per item for a maximum of three (3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1)time for a maximum of five (5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 211 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Sandie Greco, Interim Public Works Director Agenda, as proposed or amended. Minutes of May 29, 2018, Regular Session, as proposed. Proclamation declaring June 2018 as Healthy Homes Month Proclamation declaring the week of June 3, 2018 as Cedar Valley Faces of Excellence Week ORAL PRESENTATIONS I owa 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. Mayor and Council monthly report. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request from Gary Sadler for a waiver for a concrete driveway located at 6122 Kimball Avenue with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, Interim City Engineer 3. Request from Aaron Morgan for a waiver for a concrete driveway located at 1651 Newell Street with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, Interim City Engineer 4. Resolution setting a date of public hearing as June 18, 2018 to approve the sale and conveyance of city owned property located south of 2825 MidPort Boulevard, in the amount of $1.00, to Advanced Heat Treat Corp., including a Development Agreement, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Page 2 of 211 5. Request from Rev. David Van Netten of Grace Reformed Church for a variance to the Noise Ordinance on June 10, 2018 from 8:00 a.m. to 1:00 p.m., in conjunction with the "Sunday in the Park" event to be held at Hope Martin Park, including a picnic, games for the children, use of a PA system and live music. Submitted By: Dave Mohlis, Police Captain 6. Request from Main Street Waterloo to hold the Mayor's Independence Day Extravaganza on June 30, 2018 from 3:30 p.m. to Midnight to be held at the Riverloop Amphitheater, including a Waterhawks show, live music, fireworks and the closure of the Park Ave bridge during the event. Submitted By: Dave Mohlis, Police Captain 7. Resolution approving the use of not to exceed $375,000 in San Marnan Urban Renewal Area Tax Increment Financing funds for the acquisition of property generally located in the San Marnan TIF District. Submitted By: Michelle Weidner, Chief Financial Officer 8. Resolution approving the use of not to exceed $1,000,000 in San Marnan Urban Renewal Area Tax Increment Financing funds for the Ansborough Avenue improvements project. Submitted By: Michelle Weidner, Chief Financial Officer 9. Resolution approving the use of not to exceed $125,000 in Rath Urban Renewal Area Tax Increment Financing District funds for a grant to Crystal Distribution Services. Submitted By: Michelle Weidner, Chief Financial Officer 10. Resolution approving the use of not to exceed $30,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for a grant and related administrative expenses to Iowa Heartland Habitat for Humanity. Submitted By: Michelle Weidner, Chief Financial Officer 11. Resolution approving the use of not to exceed $360,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the House of Hope property acquisition project. Submitted By: Michelle Weidner, Chief Financial Officer 12. Resolution approving the use of not to exceed $20,750 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the Walnut Street Neighborhood architectural re-survey project. Submitted By: Michelle Weidner, Chief Financial Officer 13. Resolution approving the use of not to exceed $47,000 in Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds for rail access design. Submitted By: Michelle Weidner, Chief Financial Officer 14. Resolution approving the use of$50,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for economic development marketing. Submitted By: Michelle Weidner, Chief Financial Officer 15. Resolution approving the use of not to exceed $420,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for economic development grant to Central Property Holdings, LLC and related administrative expenses. Submitted By: Michelle Weidner, Chief Financial Officer Page 3 of 211 16. Resolution approving the use of not to exceed $160,000 in Downtown Urban Renewal Area Tax Increment Financing District funds for easements, construction and construction related services for street and parking improvements in the Single Speed Brewery area. Submitted By: Michelle Weidner, Chief Financial Officer 17. Resolution approving the use of not to exceed $20,000 in Downtown Urban Renewal Area Tax Increment Financing District funds for a grant to Bread to Beer, LLC for the Single Speed Brewery project. Submitted By: Michelle Weidner, Chief Financial Officer 18. Resolution approving variance request by Nikki Fischels, to Section 5-2-6 of the Waterloo Code of Ordinances, Discharging Weapons, to allow for the St. John's/St. Athanasius National Archery in the Schools Tournament, to be held at the Cedar Valley Sportsplex, 300 Jefferson Street, on December 8, 2018 from 7:00 a.m. to 7:00 p.m. Submitted By: Dave Mohlis, Police Captain 19. Resolution setting date of hearing as June 18, 2018, to approve Master Lease Agreement and Lease Supplements with Verizon Wireless to be able to place equipment on city light structures, for a period of twenty-five (25) years, with supplements for five years at $30 per month/pole, and authorize the Mayor and City Clerk to sign and fully execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Rudy Jones, Maggie Howard-Heretakis and Angie Fordyce Class/Meeting: Lead Abatement Worker to Contractor Training Destination: Waterloo, IA Dates: May 10-11, 2018 Amount not to exceed: $450.00 b. Anita Merfeld,Administrative Secretary Class/Meeting: Lead Safe Renovator Class Destination: Waterloo, IA Dates: June 4, 2018 Amount not to exceed: $125.00 2. LIQUOR LICENSES a. Black Hawk Tennis Club, 1005 Black Hawk Road Class: B Beer w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 5/31/2019 b. Risque Gentleman's Club, 301 W. 4th Street*Ownership Update* Class: C Liquor New Application Does not include Sunday Expiration Date: 5/27/2019 C. Single Speed Brewing Company, 325 Commercial Street *One Day Extended Outdoor Service* Page 4 of 211 Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 6/9/2018 d. Walgreen's#03590, 3910 University Avenue Class: B Wine / C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 6/16/2019 3. Motion approving recommendation of appointment of Eric Kramer from the civil service list to the position of Community Development Intake Specialist effective June 5, 2018. Submitted By: Rudy D. Jones, Community Development Director 4. Motion to approve Application for Fireworks Display for The VGM Group for the VGM Heartland Conference 2018 at Park Avenue Bridge, on Monday, June 18, 2015, at approximately 9:30 p.m. (Approx. 20 minutes). Submitted By: Pat Treloar, Chief of Fire Services 5. Motion approving recommendation of appointment/promotion of Matt Chesmore from the Civil Service list to the position of Senior Rehabilitation Specialist, effective June 5, 2018. Submitted By: Rudy D. Jones, Community Development Director 6. Cigarette/Tobacco Permit New Application for Guddi Mart, Inc., 306 Byron Avenue. 7. Bonds. PUBLIC HEARINGS 2. Request by Michael Dahl and Brian Kennett to rezone approximately 2.74 acres of land from "A-1" Agricultural District to "R-1" One and Two Family Residence District to allow for future low density residential development, located at 4245 West 4th Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at 4245 West 4th Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 3. Mowing contract for city owned lots generally acquired through Iowa Code 657A. 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 confirming approval of plans, specifications, form of contract, etc. Page 5 of 211 Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids. Resolution approving award of contract for the mowing of city owned lots generally acquired through Iowa Code 657A to B&B Lawn Care, Inc., of Waterloo, Iowa, in the amount of $19.75 per lot less than one (1) acre, and R&D Lawn Care L.L.C., of Waterloo, Iowa, in the amount of $30.00 per hour per lot, one (1) acre and above, and approving the contract, bond, and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson,Community Planning and Development Director RESOLUTIONS 4. Resolution approving construction plans for sanitary sewer, serving Little Stars Day Care, as submitted by ALLTRANS, Inc., of Cedar Rapids, Iowa, and a Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents. Submitted By: Dennis Gentz, PE,Assistant City Engineer 5. Motion approving Final Quantity Adjustment No. 6 for a net decrease of$18,474.48, for the FY 2016 Shaulis Road Recreational Trail Extension, Contract No. 858, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jeff Bales, Associate Engineer 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by K. Cunningham Construction Co., Inc., of Cedar Falls, Iowa, at a total cost of$614,092.91 in conjunction with F.Y. 2016 Shaulis Road Recreational Trail Extension - Phase I, Contract No. 858. Submitted By: Jamie Knutson, PE, Interim City Engineer 7. Resolution appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent agreement in conjunction with the $10,505,000 General Obligation Bonds, Series 2018A, and authorizing the the Mayor and City Clerk to execute said agreement. Submitted By: Michelle Weidner, Chief Financial Officer 8. Resolution authorizing and providing for the issuance of $10,505,000 General Obligation Bonds, Series 2018A and levying a tax to pay the Bonds, and approving the Tax Exemption Certificate and Continuing Disclosure Certificate. Submitted By: Michelle Weidner, Chief Financial Officer 9. Resolution appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent agreement in conjunction with the $1,070,000 General Obligation Bonds, Series 20188, and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Michelle Weidner, Chief Financial Officer Page 6 of 211 10. Resolution authorizing and providing for the issuance of $1,070,000 Taxable General Obligation Bonds, Series 2018B and levying a tax to pay said Bonds, and approving the Continuing Disclosure Certificate. Submitted By: Michelle Weidner, Chief Financial Officer 11. Resolution Approving a 2.75 Percent salary increase for non-bargaining employees effective July 1, 2018. Submitted By: Lance Dunn, Human Resources Director 12. Resolution Approving Renewal agreement with Wellmark Blue Cross Blue Shield for Administration, Network Access Fees, Delta Dental fixed fees and a new agreement with Gerber Life Insurance for stop loss fees and authorize Mayor and City Clerk to execute said documents. Submitted By: Lance Dunn, Human Resource Director 13. Resolution approving the Main Street Iowa Program Agreement, Agreement# PS2019- G300-49 between the Iowa Economic Development Authority, the City of Waterloo and Cedar Skyline Corporation / DBA Main Street Waterloo for the purpose of continuing the Main Street Program in Waterloo for a period of 18 months ending December 31, 2019, and Resolution of Support of the Main Street Waterloo Program, commitment to provide funding to the Main Street Waterloo Program with funding sources to include Downtown TIF and bond funds and/or SSMID proceeds, and commitment to appoint a city official to represent the City on the Local Main Street governing board of directors, and that the Local Main Street Program will continue to follow the Main Street Approach as developed by the National Main Street Center, Inc. and espoused by Main Street Iowa. Submitted By:Aric Schroeder, City Planner ORDINANCES 14. An Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsection E, Sales. Motion to receive, file, consider, and pass for the third time and adopt an ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsection E Sales. Submitted By: Kelley Felchle, City Clerk 15. An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 1 Traffic Code, of Title 6 Motor Vehicles and Traffic, by adding Article 5 Officer Traffic Citation. Motion to receive, file and consider and pass for the second time an ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 1 Traffic Code, of Title 6 Motor Vehicles and Traffic, by adding Article 5 Officer Traffic Citation. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Bruce Jacobs, Ward 2 Councilperson Page 7 of 211 ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 8 of 211 CITY OF WATERLOO Council Communication Minutes of May 29, 2018, Regular Session, as proposed. City Council Meeting: 6/4/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office fflzgp)y, N mmey Approved 5/30/2018 ... 11po27 AM ATTACHMENTS: Description Type Minutes of May 29, 2018, i�ephu.- Sessiorn Backup Mame lap Submitted by: Submitted By: Page 9 of 211 May 29, 2018 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, May 29, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director 147055 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, May 29, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 147056 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 21, 2018, at 5:30 p.m., and the Special Session on Tuesday, May 22, 2018, at 4:30 p.m., be accepted and approved. Voice vote- Ayes: Seven. Motion carried. ORAL PRESENTATIONS Dwane Ehilers, 1205 �/2 Bishop Street, explained that the police raided a home and shed he owns and stated that he did not receive notification that the raid was to take place. The renters left and later broke into the home. An officer stated that the renters had a right to get their property. Myke Goings, 1203 W. 2nd Street, commented that he requested five minutes to speak last week but was not allowed to speak. Mayor Hart apologized that Mr. Goings was not allowed to speak. Jim Chapman, 224 Bertch, requested an update on Sunnyside South and the Rath building. Dave Zellhoefer, City Attorney, explained that the judge has not issued a ruling on Sunnyside South. Noel Anderson, Community Planning and Development Director,provided an update on the Rath building. Mr. Morrissey commented on the success of bike to Friday Loo held on May 25 and commented that fifteen new small businesses have opened in downtown Waterloo. He further quoted sections of Robert's Rules of Order regarding debate of an issue. Mrs. Klein commented that students will be getting out of school and urged drivers to watch out for children playing. Mr. Morrissey thanked the Fire Department for their quick response to a medical emergency. Mr. Shimp commented that his children had a great time playing at Mark's Park and that a lot of graffiti is showing up at Liberty Park and requested that it can be cleaned up. 147057 - Juon/Schmitt May 29, 2018 Page 2 > > tegethef Resolution adopted and upon approval by Mayor assigned No. 2018-363. 2. Resolution approving request from Cedar Valley Pridefest for a variance to the Noise Ordinance on Friday, August 24, 2018 from 7:00 p.m. to Midnight and Saturday, August 25, 2018 from Noon to Midnight, in conjunction with the 7th Annual Pridefest Festival, along with the street closure of the 200 and 300 blocks of W. 4th Street and the 500 and 600 blocks of Jefferson Street during the event, together with recommendation of approval of the Police Captain. Resolution adopted and upon approval by Mayor assigned No. 2018-356. 3. Resolution approving request from Riverloop Association Inc. for a variance to the Noise Ordinance from April 30 through November 16, 2018 from 10:00 a.m. to midnight, in conjunction with music concerts, wedding receptions, movies on the river, etc., including bands and the use of a PA system, together with recommendation of approval of the Police Captain. Resolution adopted and upon approval by Mayor assigned No. 2018-357. 4. Resolution approving request from Shatora Jones, on half of True Believer's Global Outreach E.L.I.T.E. Inc., for a variance to the Noise Ordinance on August 18, 2018 from 12:00 p.m. to 3:00 p.m., in conjunction with a back to school drive to be held at Lafayette Park, including food, music and the use of a PA system, together with recommendation of approval of the Police Captain. Resolution adopted and upon approval by Mayor assigned No. 2018-358. 5. Resolution approving request from Tasha Young for a variance to the Noise Ordinance on June 1, 2018 from Noon to 8:00 p.m. for a graduation party being held at 1316 Mulberry Street, together with recommendation of approval of the Police Captain. Resolution adopted and upon approval by Mayor assigned No. 2018-359. 6. Resolution approving request from Full House Productions, LLC dba Spicoli's, for a variance to the Noise Ordinance, on May 24-27, 2018, in conjunction with the Corn Stock music event, including a beer garden, PA system, and live band music, together with recommendation of approval of the Police Captain. Resolution adopted and upon approval by Mayor assigned No. 2018-360. 7. Resolution approving preliminary plans, specifications,bid documents, etc. and setting a date of bid opening as May 31, 2018 and date of public hearing as June 4, 2018, in conjunction with the mowing contracts for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-361. May 29, 2018 Page 3 b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Scott Strader, Jennifer Engineered Lumber Johnston, IA June 5, $807.00 Sparks and Brian Design & Construction 2018 Baker 2. Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. The Isle Casino Hotel B Liquor New 4/30/2019 Waterloo, 777 Isle of Capri Blvd. *OWNERSHIP UPDATE* b. Risque' Gentlemen's Club, C Liquor Renewal 5/27/2019 301 W. 4th Street 3. 4. Motion to approve application for Fireworks Display for My Waterloo Days at the Park Avenue Bridge on Saturday, June 9, 2018, beginning at 9:45 p.m. Mrs. Klein requested item 1.A.9 be removed for discussion. Mr. Shimp requested that item 1.B.3 be removed for discussion. Mr. Schmitt requested item 1.A.1 be removed for discussion. Mr. Shimp stated that he would abstain on item 1.B.2. Roll call vote-Ayes: Six.Nays: Zero. Abstain: One. (Shimp on The Isle liquor license, item 1.B.2.a.) Motion carried. 147059 - Schmitt/Shimp Resolution approving Finance Committee Invoice Summary Report, dated May 29, 2018, in the amount of $17,487,137.12, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Roll call vote-Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Michelle Weidner, chief Financial Officer,provided an overview of the item. May 29, 2018 Page 4 Mrs. Juon questioned if we utilize the state bid as well. Sandie Greco confirmed. Resolution adopted and upon approval by Mayor assigned No. 2018-364. 147061 - Shimp/Morrissey Motion to appoint Ryan Doland to the position of Property Evidence Technician in the Police Department, effective June 4, 2018. Roll call vote-Ayes: Seven. Motion carried. Mr. Shimp requested an overview of the item. Dan Trelka, Chief of Police, provided an overview of the position and stated that officers on light duty would not be suited to fill the position as it requires heavy lifting. PUBLIC HEARINGS 147060 - Shimp/Juon that proof of publication of notice of public hearing on Lease agreement with Verve Kombucha, LLC for property located at 327 W. 3rd Street(Public Market Building) for a term ending June 30, 2025, as published in the Waterloo Courier on May 18, 2018, be received and placed on file. Voice vote-Ayes: Five. Nays: None. Abstain: Two. (Schmitt and Morrissey). Motion carried. Mr. Schmitt and Mr. Morrissey left the room due to their stated conflict of interest. This being the time and place of public hearing, the Mayor called for written and oral comments. Andy Futchman, 422 Ellen Street and Verve Kombucha, LLC, thanked the individuals who served on the selection board and for those that applied as well. Damn Beck, Barmuda Companies, explained that his company offered a better proposal and that this is a do or die situation for Lark Brewing. He further commented that he wishes the council and Verve Kombucha well. Caleb Gable, 1415 Eric Road, Cedar Falls, stated that he is employed by Lark Brewery and stated that the city needs diversity in its options for establishments. Carrie Darrah, Greater Cedar Valley Alliance and Chamber, thanked the city along with Noel Anderson and Adrienne Miller for their work on the project. She further encouraged the city to find homes in downtown waterloo for the remaining businesses and offered assistance for placement. Nate Nims, 930 Sunrise Blvd, commented that all three businesses have great proposals but that he supports Lark Brewing. Jim Miller, 117 Forest Avenue, commented he is support of Verve Kombucha. Kyle Klingman, Dan Gable Wrestling Museum, commented that all three proposals are great but .1 TT - 1 1 May 29, 2018 Page 5 said documents", be adopted. Roll-call vote-Ayes: Five. Nays: None. Abstain: Two (Morrissey and Schmitt due to previously stated conflicts of interest). Motion carried. Noel Anderson provided an overview of the agreement. Mr. Shimp commented that this was a tough decision and that he wants to help the other projects find a home in Waterloo as well. Resolution adopted and upon approval by Mayor assigned No. 2018-365. 147063 - Schmitt/Amos that proof of publication of notice of public hearing on FYE 2018 Budget Amendment, as published in the Waterloo Courier on May 18, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 147064 - Schmitt/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 147065 - Schmitt/Amos that "Resolution approving FYE 2018 Budget Amendment", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Michelle Weidner provided an overview of the budget amendment. Resolution adopted and upon approval by Mayor assigned No. 2018-366. 147066 - Shimp/Amos that proof of publication of notice of public hearing on Amendment to MidAmerican Energy Company Electric System Franchise Agreement, as published in the Waterloo Courier on May 24, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Forrest Dillavou, 1725 Huntington Road, explained that he considers the franchise fee increase an additional 1 percent tax. 147067 - Shimp/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 147068 - Shimp/Amos May 29, 2018 Page 6 Mr. Jacobs commented on the history of this item and why it comes before council today, he further commented that efforts should be made in the future to reverse the increase in the next budget. Mr. Morrissey commented that this is one means of raising revenue that the city has that hasn't been taken away by the state government. Mrs. Klein commented that it is important that council supports the citizens. Mayor Hart commented on the hard work this council put forth on the FYI budget. 147069 - Shimp/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Nays: One (Schmitt). Motion carried. 147070 - Shimp/Amos that "an Ordinance amending Ordinance No. 5028 by increasing the franchise fee to 4 percent", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Six. Nays: One (Schmitt). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5453. 147071 - Morrissey/Amos that proof of publication of notice of public hearing on Amendment to MidAmerican Energy Company Natural Gas System Franchise Agreement, as published in the Waterloo Courier on May 24, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Don Share, 1415 Downing Avenue, commented that the city giving incentives to businesses is the same as corporate welfare. 147072 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 147073 - Morrissey/Amos that "an Ordinance amending Ordinance No. 5028 by increasing the franchise fee to 4 percent", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Nays: One (Schmitt). Motion carried. 147074 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Nays: One (Schmitt). Motion carried. May 29, 2018 Page 7 in the Waterloo Courier on May 14, 2018, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 147077 - Amos/Morrissey that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 147078 - Amos/Morrissey that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-367. 147079 - Amos/Morrissey that"Resolution authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-368. 147080 - Amos/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate $ 50,000 Bidder Bid Amount Community Chevrolet Cedar Falls, IA $ 45,663.72 Witham Auto Sales Fleet La Porte City, IA $ 49,045.00 Rydell Chevrolet Waterloo, IA $ 47,131.60 McGrath Auto-Fleet Cedar Rapids, IA $ 45,447.00 Voice vote-Ayes: Seven. Motion carried. 147081 - Amos/Morrissey that "Resolution approving award of contract to Rydell Chevrolet of Waterloo, Iowa in the amount of$47,131.60, in conjunction with the purchase of one (1) 1-Ton DRW 4 X 4 pickup truck with 84" cab including a snow plow package, for the Sewer Department", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Sandie Greco provided an overview of the item. Resolution adopted and upon approval by Mayor assizncd No. 2018-369. May 29, 2018 Page 8 147083 - Shimp/Amos that "Resolution approving award of bid to Bill Colwell Ford of Hudson, Iowa, for two (2) Ford Interceptor Sedans in the amount of $25,571.00 each, and four (4) Ford Interceptor SUVs, in the amount of$29,938 each", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Shimp questioned why the department purchased more SUVs than sedans. Dan Trelka explained that the equipment needs of the department. Resolution adopted and upon approval by Mayor assigned No. 2018-371. 147084 - Shimp/Amos that "Resolution authorizing the submission of a Small MATCH grant application to the Wellmark Foundation, for a maximum amount of$20,000, and authorize the Mayor and City Clerk to execute all necessary documents",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-372. 147085 - Schmitt/Amos that "Resolution approving construction plans for sanitary sewer, storm sewer, and paving, serving Village West 2nd Addition, as submitted by Clapsaddle-Garber Associates, Inc. of Marshalltown, Iowa, and a Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-373. 147086 - Schmitt/Amos that "Resolution approving Professional Services Agreement with Ament, Inc. of Cedar Rapids, Iowa, in an amount not to exceed $65,100, in conjunction with the Traffic Adaptive Signals and Fiber Optic Communications Upgrade project, and authorize the Mayor to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-374. 147087 - Schmitt/Amos that "Resolution approving a one year Farm Lease Agreement with Doug Bruns, for farming approximately 28.4 acres of land generally located south of Highway 20 and west of Kimball Avenue, for a total yearly payment of$800, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson provided an overview of the lease. Resolution adopted and upon approval by Mayor assigned No. 2018-375. May 29, 2018 Page 9 that "Resolution approving award of bid to Young Plumbing & Heating of Waterloo, Iowa in the amount of $189,800, in conjunction with the Waste Management Administration HVAC Cooling System Replacement", be adopted. Roll call vote-Ayes: Two. Nays: Five (Jacobs, Shimp, Klein, Schmitt, and Juon). Motion failed. Mr. Shimp requested an explanation for the item following the rejection of the bids last week. Steve Hoambrecker, Waste Management Services Director, provided an explanation. He explained that it is recommended to accept the bids and do project change orders to reduce the overall cost of the project. Joe Capone, Capone Consulting Engineers, explained that several components of the HVAC equipment have failed. Through working on the specifications he neglected to update aspects of the specifications which led to the estimate being much lower than the bids received. Mrs. Juon requested clarification on how using change orders would reduce the overall cost of the project. Steve Hoambrecker explained that estimate for the system controls was $13,000. The bidders used a one vendor for bidding this aspect of the project which put the cost for the system controls at $65,000. However other vendors could be used for the system controls which would reduce the cost of this aspect of the project. Dave Zellhoefer, City Attorney, explained that the question posed to his department whether or not it would be legal to divide the project into three components and obtain competitive quotes instead of following the bidding process. He explained that Iowa Code Chapter 26 does not allow this. To proceed with the project it would be recommended to accept the bid and have the bidder use different controls at a lower cost. Mayor Hart questioned if it is legal to reject the bid at this stage. Dave Zellhoefer confirmed. Resolution adopted and upon approval by Mayor assigned No. 2018-377. 147090 - Morrissey/Juon that"Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel-motel mini grant application for the Full Count Sports Academy 13 U & 14 U Major State Softball and Baseball Tournament, in the amount of$2,558", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-378. ORDINANCES 147091 - Schmitt/Shimp that "an Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsection E Sales", be received, May 29, 2018 Page 10 147093 - Schmitt/Jacobs that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 1 Traffic Code, of Title 6 Motor Vehicles and Traffic, by adding Article 5 Officer Traffic Citation", be received,placed on file, considered and passed for the first time. Roll call vote- Ayes: Five. Nays: Two (Morrissey and Amos). Motion carried. 147094 - Morrissey/Amos To postpone until the Human Rights Commission is completed with developing an inclusion toolkit. Roll call vote-Ayes: Two. Nays: Five (Jacobs, Shimp, Klein, Schmitt, and Juon). Motion failed. 147095 - Schmitt/Jacobs that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Four. Nays: Three (Morrissey, Amos, and Juon). Motion failed. ADJOURNMENT 147096 - Schmitt/Amos that the Council adjourn at 7:31 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Proclamation declaring June 2018 as Healthy Homes Month City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date M ay(.)r (..)ffice W'estplial, Michefle A.pproved 5/30/2018 11-02 AM (I ]erk Off-we f I ng))y, 1" ancy A.pproved 5/30/2018 11-26 AM ATTACHMENTS: Description Type D Proclarnaflon llealffiy 11ornes Ma rid'i Covet Mell/no Submitted by: Submitted By: Mayor Quentin Hart Page 20 of 211 I:fJ CffY CW WATERLOO, IOWA PROCLAMATION WHEREASs home health and safety hazards, including physical safety hazards, lead-based paint, radon,mold, pests, and allergens, cause or contribute to a wide range of illnesses and diseases, including lead poisoning, asthma, cancer, and injuries; and WIMMASo lead poisoning affects thousands of City of Waterloo children under the age of six (6) years; IMERVEMp this week has been set aside to raise public awareness of the importance of healthy and safe swimming and to reinforce education among those that operate and maintain swimming pools, water playgrounds,hot tubs and spas; and WiffiltEM8 accidents in the home hurt thousands of City of Waterloo residents every year; WHEUMv hundreds of City of Waterloo children die from chemicals stored and used improperly in the home-, U%E KMo dozens of City of Waterloo residents die from carbon monoxide poisoning every year; R%EREM,v many Waterloo families and households are unaware that their homes can have serious health hazards; and REASs medication and awareness about dangers of unhealthy or safe housing can save lives. NOW, THEWORE, 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the month of June, 2018, as: IREALTW 110AES MOM in Waterloo, Iowa,to observe this month with appropriate programs and activities designed to enhance public awareness of home health and safety hazards and the ways we can protect our families from these hazards. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo to be affixed this 4th day of June,2018. ATTEST: CITY OF WATERLOO Council Communication Proclamation declaring the week of June 3, 2018 as Cedar Valley Faces of Excellence Week City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date M ayc:rr ()ffice estphal, M icheiie A.pproved `/"30/:1018 .... 11-02 AM t]errk Off-we f I ng))y, 1" a ncy A.pproved 5/30/2018 .... 11.25 AM ATTACHMENTS: Description Type ll roc larnarrion Cedar Valley 1�'a ces oi Excefleric e, W'Cek: (.goat Merino Submitted by: Submitted By: Mayor Quentin Hart Page 22 of 211 CITY OF WATERLOO, IOWA PROCLAMATION WkEREAS,v the Cedar Valley Educational institutions are experiencing higher graduation rates,we must be mindful not to leave any student behind; and WgEUM.. the young people in school today will make up the workforce of tomorrow, and an educated workforce is essential to the economic development and long-term success of Waterloo; and IMIEREAS,, the coalition of African American Churches in the Cedar Valley are committed to promoting academic success to prepare Cedar Valley's young men and women for America's jobs of the future and their ability to compete in a global economy; and EASs the coalition of African American Churches has demonstrated its concern for its young people and a long-standing tradition of recognizing their successful completion of an educational milestone and accomplishments; and R%UXASo the coalition of African American Churches wishes to express their gratitude to family, friends and teachers for their support of the Cedar Valley's African American youth during their educational journey; and 1037 NOWs THERWOMI, 1, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim in Waterloo, Iowa, the week of June 3,2018, as: CEDARVALl"FACES %f HF7 EXCELLENCE %TXK IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo to be affixed this 4th day of June,2018. ATTFST! CITY OF WATERLOO Council Communication Request from Gary Sadler for a waiver for a concrete driveway located at 6122 Kimball Avenue with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date E cm&ecn•n g KMIISOm1, Ianir'ne Approved 5/29/.2018 .... 5.05 PM (' erk Office l izgby, 1�mm:'y Approved 5/29/2018 5.49 PM ATTACHMENTS: Description Type 1::1W Way ver 6122 Kiruul5aill Ave Covet Me ammm Request from Gary Sadler for a waiver for a concrete driveway located SUBJECT: at 6122 Kimball Avenue with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 6122 Kimball Avenue. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. UNPLATTED WLOO WEST COM 31 RDS N OF SE COR N 1/2 NE Page 24 of 211 Legal Descriptions: SEC 21 T 88 R 13 WHICH IS THE PT OF BEG TH N 7 1/2 RDS W 16 RDS S 7 1/2 RDS E 16 RDS TO BEG EXC STREET SEC 21 T 88 R 13 Page 25 of 211 WAIVER Cate: - Honorable Mayor a or and City ID City Council r Y Ha Waterloo, IA 50703 / , . Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at ',' oncretd Pr asphalt) ,.. .. (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick 3 stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. 1 elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. 1 Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. I To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. f 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars 7.00 for the purpose of p Y (� ) p p r recording this agreement. Respectfully submitted, CLar l_ Printed. ame of Property Owner Signature/df Property Owner Page 26 of 211 CITY OF WATERLOO Council Communication Request from Aaron Morgan for a waiver for a concrete driveway located at 1651 Newell Street with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date Ecmlgdmmecn•n g 1CnnmIISOm1, Ianirne Approved 5/29/.2018 .... 5.06 PM (I Ierk Office l f izgby, 1�m(.'y Approved 5/29/2018 .... -49 P ATTACHMENTS: Description Type 1::)W WaM.—,m 1651 Newell St Cmret ylealo Request from Aaron Morgan fora waiver for a concrete driveway located SUBJECT: at 1651 Newell Street with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 1651 Newell Street. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. UNPLATTED WLOO EAST W 74 FT E 180.7 FT S 200 FT SE SW Page 27 of 211 Legal Descriptions: EXC HWY SEC 18 T 89 R 12 Page 28 of 211 W"A"IVER Date: At", 1'-'51 � .� . '� �� z ` Vtt'e Honorable Mayor and City Council City Hall Waterloo, IA 5070 Council Persons: � `�, �'�� 51114 I hereby request a waiver to the driveway and sidewalk'specifications for the construction of a driveway or sidewalk located at (concrete o asphalt) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. �I 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. S. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. ? fl d 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven Bolla(S ($7.00)�)r the purpose of recording this agreement. Respectfully submitted p y X &J AL� rinted dame of Property Owner (—iinature of Property Owner I Page 29 of 211 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as June 18, 2018 to approve the sale and conveyance of city owned property located south of 2825 MidPort Boulevard, in the amount of$1.00, to Advanced Heat Treat Corp., including a Development Agreement, and instruct City Clerk to publish said notice. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date 1° aaaaan'naIg& zo niang Sdp rroederr, Axic Approved 5/30/2018 ... 10-27 AM 1.`Iled(. Office Fellclipe, pC a fley Approved 5/30/2018 ... 11:p 11 /GM ATTACHMENTS: Description Type A.1 IT .1!xe.e i.e nt Baackiiipb M ateirW Resolution setting a date of public hearing as June 18, 2018 to approve the SUBJECT: sale and conveyance of city owned property located south of 2825 MidPort Boulevard, in the amount of$1.00, to Advanced Heat Treat Corp.. including a Development Agreement, and instruct City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve Resolution to set date of hearing The City has been working with Advanced Heat Treat on their 15,500 square foot expansion at their location along MidPort Blvd. As a part of the expansion, they will need access off of Airport Blvd. to allow for additional truck movements on their property. The development agreement requires the city to deed over approximately 0.82 acres of land to allow for an access point for semi traffic to their Summary Statement: expansion. Typically for a project of this size the company would receive a full acre of land for$1. Since the company is not receiving the full acre, the city is also offering 3 years of rebates at 50% on the added valuation of the addition to equal out the land price of one complete acre. A total of 12 new jobs will be created as a part of the expansion, 6 of those jobs recognized as high quality jobs by the State with wages at or above $17.29 an hour. Expenditure Required: Rebates/Land Source of Funds: Midport TIF Page 30 of 211 Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve The city has been working with Advanced Heat Treat on their expansion at 2825 MidPort Blvd. The city has previously approved state incentive applications for the High Quality Jobs program with the Iowa Economic Background Information: Development Authority. As a part of the High Quality Jobs program a local match was needed. Advanced Heat Treat applied for the Industrial Property Tax credit as well as receiving the Land and rebates from the city for the match. Council has also approved an early access agreement for the project so construction could begin on the project. Midport America Park Plat No. I that part Tract B lying north of a line which begins at a point on the east line of said Tract B at a point which is 420 feet south of the northeast corner of said Tract B thence north 90 degrees west 790 feet to the west line of said Tract B and point of termination. Legal Descriptions: Also The North 100 feet of the West 360 feet of that part of Tract "B", Midport America Park Plat No. 1, in the City of Waterloo, Black Hawk County, Iowa, lying south of the parcel shown on the Plat of Survey recorded in City Lot Deed Book 665, at Page 403, in the records of the Black Hawk County Recorder. Page 31 of 211 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50704 Phone(319)234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of ' 2018 by and between Advanced Heat Treat Corp. (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. 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. B. Company owns property at 2825 Midport Blvd., Waterloo, Iowa, described on Exhibit "A-2" attached hereto (the "Company Property") and is willing and able to finance and construct a building and related improvements on adjacent property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, and legally described on Exhibit "A-1" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made Page 32 of 211 herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. 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 Project (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. 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. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property and the Company Property a 15,500 square-foot addition to its current facility, and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. The Property, the Company Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. 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. Company must obtain a building permit and begin construction within six (6) months from the date of this Agreement (the "Project Start Date") and substantially complete construction by September 30, 2019 (the "Project Completion Date"). If Company has not, in good faith, begun the construction of the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to 2 Page 33 of 211 the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney- in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable 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. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Reserved. 7. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property and the Company Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for 3 Page 34 of 211 the Property or the Company Property, which shall be fixed for assessment purposes, below the amount of$2,055,780 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "B" at the closing. 9. Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth above, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Three 50% rebate each year for any taxable value over the January 1, 2018 value. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. The taxable value of the Property and the Company 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. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property and the Company Property or upon (y) the value of the Property, the Company Property, and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 4 Page 35 of 211 B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 13. 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. 14. 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 5 Page 36 of 211 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. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 2825 Midport Blvd., Waterloo, Iowa 50703, facsimile number , Attention: President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 17. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 18. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall 6 Page 37 of 211 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. 19. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 20. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 21. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 22. 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. 23. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA ADVANCED HEAT TREAT CORP. By: By: Quentin M. Hart, Mayor Gary L. Sharp, CEO Attest: Kelley Felchle, City Clerk 7 Page 38 of 211 EXHIBIT "A-1" Legal Description of Property The North 100 feet of the West 360 feet of that part of Tract "B", Midport America Park Plat No. 1, in the City of Waterloo, Black Hawk County, Iowa, lying south of the parcel shown on the Plat of Survey recorded in City Lot Deed Book 665, at Page 403, in the records of the Black Hawk County Recorder. Page 39 of 211 EXHIBIT "A-2" Legal Description of Company Property Midport America Park Plat No. 1 that part Tract B lying n of a line which begins at a point on the east line of said Tract B at a point which is 420 feet south of the northeast corner of said Tract B thence north 90 degrees west 790 feet to the west line of said Tract B and point of termination. Page 40 of 211 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2018, by and among the CITY OF WATERLOO, IOWA ("City"), ADVANCED HEAT TREAT CORP. ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A-1" and Exhibit "A-2" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $2,055,780 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before September 30, 2019. 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, 2026. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, Page 41 of 211 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. 3. 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. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA ADVANCED HEAT TREAT CORP. By: By: Quentin M. Hart, Mayor Gary L. Sharp, CEO By: Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2018, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed 2 Page 42 of 211 and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2018 by Gary L. Sharp as CEO of Advanced Heat Treat Corp. Notary Public 3 Page 43 of 211 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Two Million Fifty-Five Thousand Seven Hundred Eighty Dollars ($2,055,780) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2018 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 44 of 211 CITY OF WATERLOO Council Communication Request from Rev. David Van Netten of Grace Reformed Church for a variance to the Noise Ordinance on June 10, 2018 from 8:00 a.m. to 1:00 p.m., in conjunction with the "Sunday in the Park" event to be held at Hope Martin Park, including a picnic, games for the children, use of a PA system and live music. City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date 110 ice Depa rtrnent Mohilis, Dave Approved 5/30/2018 ... 9-00 AM (."perk Office l p i [)y, 1' amy Approved 5/30/2018 .... 11:p 9 AM ATTACHMENTS: Description Type Sunday in line:, Park vanituunnnce irea.pu:uest (.,oveir Mernio Request from Rev. David Van Netten of Grace Reformed Church for a variance to the Noise Ordinance on June 10, 2018 from 8:00 a.m. to 1:00 SUBJECT: p.m., in conjunction with the "Sunday in the Park" event to be held at Hope Martin Park, including a picnic,,games for the children, use of a PA system and live music. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve request Use of Hope Martin Park for a "Sunday in the Park" worship service and Summary Statement: picnic. This event will have live music, food and activities with an estimate of 150 attendees. Expenditure Required: None Page 45 of 211 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: Gracc APPLICANT'S ADDRESS: L APPLICANT'S PHONE#: ANTICIPATED DATE OF VARIANCE: NAME OF EVENT: ( q TIMES OF DAY OF VARIANCE: vy\ GEOGRAPHICAL LOCATION OF VARIANCE: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: r PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. C \j C tAJ V60 Applicant's Signature Date CITY COUNCIL ACTION: Police.Dept. Recommendation APPROVAL: APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: Page 46 of 211 Please be invited to .. UNDAY IN TNE PAR, A Worship and Picnic Event for Neighborhood ghborhoold ommunit SUNDAY JUNE 10 BEGINNING AT '10:00 AM HOPE MARTIN PARK, WATERLOO (On Pletcher between University Ave. and Highway 63) Featuring ... Message of Hope by Pastor Dave. Music by the "Spirit of Grace" Praise Band Informal & Casual: Bring lawn chairs or blankets Picnic/Cookout-, Hamburgers & hot-dogs plus an array of foods. Food, Beverages, table service and Dessert provided free of charge Playground, Games & Prizes for children following worship Hosted by the Grace Reformed Church An Event for FamiliesSingles., & Children! No Cost. Bring a Friend. All ekome! In case of bad weather, worship, meal'; and games will be held at the Grace Reformed! Church, 520 Maxwell, Waterloo-3 blocks north of Falls Avenue, 2 blocks west of Ansborough. For more information, call Pastor Dave at 233-4341or email pastordavevannetten@mchsi.com Or, visit our website at www.gracereformedchurch.com Page 47 of 211 CITY OF WATERLOO Council Communication Request from Main Street Waterloo to hold the Mayor's Independence Day Extravaganza on June 30, 2018 from 3:30 p.m. to Midnight to be held at the Riverloop Amphitheater, including a Waterhawks show, live music, fireworks and the closure of the Park Ave bridge during the event. City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date Po ice.; 1Depaartrnent Mohilis, Dave Approved 5/30/2018 .... 1024 AM (.1 erk Office pp g[)y, 1' gamy Approved 5/30/2018 11.23 AM ATTACHMENTS: Description Type Mayors lrndepaae:nde^race.° Day 1:?xtit:ay. (:'caveat Menio Request from Main Street Waterloo to hold the Mayor's Independence Day SUBJECT: Extravaganza on June 30, 2018 from 3:30 p.m. to Midnight to be held at the Riverloop Amphitheater; including a Waterhawks show. live music, fireworks and the closure of the Park Ave bridge during the event. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Request variance and event approval. Event will be held on the Cedar River, Riverloop Amphitheater, and the Park Summary Statement: Ave bridge. This event includes live bands from 4:00 p.m. to midnight and fireworks show from 10 to 10:15 p.m. Expenditure Required: delivery and pick up of barricades, and police security. Source of Funds: General fund Page 48 of 211 A.tu1j1,t(:A'11UN FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S WAME: k, V APPLICANT'S ADDRESS. 4 APPLICANT"S PHONE I ANTICIPATED DAIT OF VARIANCE: 2,0 b -s - NAME OF EVENT: �_�. kt TMMS OF DAY OF VARIANCE: GEOGRAFFITCAL LOCATION OF VARIANCE: otcl�y) ok-Dt �w DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPFWrIES: PLEASE 02LAIN 'JUE EVENT' REQUIRING THE, VAIUANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, STICH AS A BAND PLAYING,PA SYSTEM, ETC. WS 4N .;,R -- ll� %)6_7 1qkL1---...---- ............... SignatureSignaturepCoanes sisi Date CITY COUNCIL ACTION. Police Dept. Recommendation APPROVAL: At ; ,7 APPROVAL: DENIAL: DENTLA-I,: DEC-EBEI,LEVEL,: Page 49 of 211 iri N��� i J✓✓Gll/a ' r ' o/iir �//%v ���.�i/�'//'�%%/iil�u/tri�.�ui�:C,✓/��✓r ,/ir r/f////iyG/// s%1/G/%� CL , (a Ca QJ Ecu a-r tri � PNr y,,oar✓ /// ���.. � r �l� v v Page 50 of 211 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $375,000 in San Maman Urban Renewal Area Tax Increment Financing funds for the acquisition of property generally located in the San Maman TIF District. City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date Fiii@@ice W(,ncim err, 1''vl'nchefle Approved 5/30/.201 .... 11.fir7 AM (errk Office 1 cllcllfle, Ke ley Approved 5/30/201 .... 12.07 PM ATTACHMENTS: Description Type Resolution approving the use of not to exceed 5375,000 in San Maman SUBJECT: Urban Renewal Area Tax Increment Financing funds for the acquisition of propea generally located in the San Maman TIF District. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of San Maman Urban Renewal Area Tax Increment Financing funds for the acquisition of property generally located in the MidPort TIF District from L&H Farms, Inc. be approved. Expenditure Required: Not to exceed $375,000. Source of Funds: Tax increment in San Maman Urban Renewal Area. Alternative: The City could use general obligation bonds for the development. Under current Tax Increment Financing(TIF) law, in order to make payments for this project from a tax increment financing district without Background Information: issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. Page 51 of 211 CITY OF WATERLOO , NOWA D"D""Y CLERK AND FINANCE DEPARTMENT 1�1;9,i,N�:Y h'k.l.l.'IIL.(' ("ftpC'/rrk tt4i4'HGLLG.'w4ElDNi3t2,6'C'A C"frr�/"finfrrxrcrl lJf�h:atr " ea Afayor Q 1J EN'�l'CN H A R.'l' Council Communication City Council Meeting: June 4, 2018 COUNT-`IL Prepared: May 29, 2018 Ml Nvl«rRS Dept. Head Signature: ................... Number of Attachments: 1 i MARGAREr KLEIN IVard f SUBJECT: Approval of use of Tax Increment Funds for development in the San Marnan Tax Increment l �z"c'' Financingdistrict JACOBS 4L"drrf:' Submitted by: Michelle C. Weidner, Chief Financial Officer PATRICK f MORRISSFY 111<rr(13 Recommended City Council Action: Planning has requested that a resolution authorizing the use of San Marnan Urban Renewal Area Tax Increment Y ►l,R��M�� Financing funds for the acquisition of 33.1 acres located at Highway 20 and AMOS,JR. Ansborou h generally located in the San Marnan TIF district be approved in an 1 rt�rrr-� amount not to exceed$ 375,000. pp CHRIS I' SLIME Summary Statement: t FV'ur�`5 1 Expenditure Required: Not to exceed $375,000 SI MON j RJON Source of Funds: Tax Increment in San Marnan Urban Renewal 7 At-Large Area STEVE SC I(MITT Policy Issue: N/A rf l-f.rrr,�e Alternative: Background Information: Under current Tax Increment Financing TIF g g � ) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the 1 Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. I WE'It E WO I,ING FOR YOU! Page 52 of 211 An Lqual Opportunity/Affirmative Action DTiployer RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE SAN MARNAN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the San Marnan Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property for future development of the San Marnan Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2018-114 adopted on February 26, 2018, approved and authorized execution of an Exchange Agreement and Assignment of Real Estate Contract with L&H Farms, Ltd. for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of fiends so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and i WHEREAS, the amount of funds to be advanced for the Project shall not exceed $375,000, including closing costs. i NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4956 there has been established the San Marnan Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the San Marnan Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. - 1 - Page 53 of 211 i Section 2. It is hereby directed that up to $375,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 2018. Mayor ATTEST: City Clerk - 2 - Page 54 of 211 3 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said 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 said 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 said 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 said Municipality hereto affixed this day of , 20_ E City Clerk, Waterloo, Iowa SEAL DCORt TELL/569667.1/MSWord111310.000 3 Page 55 of 211 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $1,000,000 in San Maman Urban Renewal Area Tax Increment Financing funds for the Ansborough Avenue improvements project. City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date Fiiiuoruce W(,ncim err, 1''vt'nchefle Approved 5/30/.201 .... 11.fir8 AM (errk Office ppig,[)y, T�u(.,,,y Approved 5/30/201 .... 12.07 PM ATTACHMENTS: Description Type Sm 1° arrian A.ns Ave Irnibu I'YEIS Couuricil Covet Mealo Resolution approving the use of not to exceed 51,000,000 in San Maman SUBJECT: Urban Renewal Area Tax Increment Financing funds for the Ansborough Avenue improvements project. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Expenditure Required: Not to exceed $1,000,000. Source of Funds: Tax increment in San Martian Urban Renewal Area. Alternative: The City could use general obligation bonds for the development. Under current Tax Increment Financing(TIF) law, in order to make payments for this project from a tax increment financing district without Background Information: Lssuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 56 of 211 ciaioury OF WXTERLOO , IOWA CITYCLERK AND FINAR14CE DEPARTMENT KELLEY 1,11-(JILF Oty Clerh MICRELLENVEIDNER,CPA ........... ...... Aloyor QUENTIN HART Council Communication City Council Meeting: June 4, 2018 COUNCIL Prepared: May 29, 2018 MEMBERS Dept. Head Signature: .......... Number of Attachments: 1 MARGARET KLEW Word r SUBJECT: Approval of use of Tax Increment Funds for development in the San Marnan Tax Increment BRUCE JACOBS Financing District ff'ard 2 Submitted by: Michelle Q. Weidner, Chief Financial Officer PATRICK MORRISSEY Ward 3 Recommended City Council Action: Planning has requested that a resolution JERONTE authorizing the use of San Marnan Urban Renewal Area Tax Increment ANICS,JR, Financing funds for easements, construction and construction related services for 14"an-14 Ansborough Avenue improvements located in the San Marnan TIF District be approved in an amount not to exceed $1,000,000. CITRIS SHIMP Summary Statement: ff'ard 5 Expenditure Required: Not to exceed $1,000,000 SHARON JUON Source of Funds: Tax Increment in San Marnan Urban Renewal "If-Large Area STELVE ISCHMITT Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WETS WORTUNG FOR YOU! Page 57 of 211 An Equal OP�)ML111ity)Affirmative Action Eiriployer Y RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE SAN MARNAN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the San Marnan Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property for future development of the San Marnan Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution s No. 2017-708 adopted on August 28, 2017, Resolution 2017941 adopted on November s 13, 2017, and Resolution 2018-241 s on adopted April 9 2018� approved and authorized p p easements, construction and construction related services for Ansborough Avenue improvements in the San Marnan TIF District (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $1,000,000, including closing costs. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4956 there has been established the San Marnan Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the San Marnan Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Page 58 of 211 Section 2. It is hereby directed that up to $1,000,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal Ioan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having E responsibility for the books and records of the City shall take such actions as are E necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. E PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,this day of , 2018. EE E Mayor ATTEST: E. E, f City Clerk i' f. f. - 2 - Page 59 of 211 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK } I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said 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 said 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 said 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 said Municipality hereto affixed this day of , 20 . City Clerk, Waterloo, Iowa SEAL t DCORNELU 569667.11MSWord111310.000 Page 60 of 211 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $125,000 in Rath Urban Renewal Area Tax Increment Financing District funds for a grant to Crystal Distribution Services. City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date Fiii@iice W(,ncim err, 1''vl'nche ie Approved 5/30/.201 .... 11.fir7 AM (errk Office 1pilgby, T�r(.,,,y Approved 5/30/:01 .... 12.07 PM ATTACHMENTS: Description Type ltaffi 'TI (.. ywtr Distr (It:trtt FYE18 Cou:urictil Caiiiiiii Covet Memo Resolution approving the use of not to exceed 5125,000 in Rath Urban SUBJECT: Renewal Area Tax Increment Financing District funds for a grant to Crustal Distribution Services. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of Rath Area Tax Increment Financing funds for a grant to Crystal Distribution Services. Expenditure Required: Not to exceed $125,000. Source of Funds: Tax increment in the Downtown Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. Under current Tax Increment Financing(TIF) law, in order to make payments for this project from a tax increment financing district without Background Information: issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 61 of 211 CITY OF WA ',rERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEYFELCHLE' C7ifflah as QUEINTIN I-JAR'I' Council Communication City Council Meeting: June 4, 2018 COUNCIL Prepared: May 29, 2018 MEMBERS Dept. Head Signature: ................... Number of Attachments: 1 IVIARGARt,'I' KLEIN ffl'al'd I SUBJECT: Approval of use of Tax Increment Funds for BRUCF, development in the Rath Urban Renewal Area JACOBS Submitted by: Michelle C. Weidner, Chief Financial Officer lf'(wd 2 PATRICK MORRISSEY Recommended City Council Action: Planning has requested that a resolution Waml 3 authorizing the use of Rath Urban Renewal Area Tax Increment Financing funds to make an economic development grant to Crystal Distribution Services and for JEROME related administrative expenses in the Rath Urban Renewal Area be approved in AMOS,JR. an amount not to exceed $125,000. fflai-(14 CHRIS Summary Statement: SHIMP Ward Expenditure Required: Not to exceed $125,000 SHARON Source of Funds: Tax Increment in Rath Urban Renewal Area JUON �11-Large Policy Issue: N/A STEVE SCHMITT Alternative: 111La-ge Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORK NG FOR YOU! Page 62 of 211 An Equal Opportunity/Affirmative Action Employer S 3 RESOLUTION NO. f RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE RATH URBAN RENEWAL TAX i INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Rath Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property and economic development grants to developers for future development of the Rath Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2017-667 adopted on August 14, 2017, approved and authorized execution of a development agreement and related grant to Crystal Distribution Services to develop property located in the Rath Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; j and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $125,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4697 there has been established the Rath Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Rath Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that amounts not to exceed $125,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital - 1 - Page 63 of 211 Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 2018. Mayor ATTEST: City Clerk - 2 - Page 64 of 211 t f CIG-3 CERTIFICATE STATE OF IOWA } ) SS COUNTY OF BLACK HAWK } I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy.of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said 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 thepublic and media at least twenty-four hours prior to the commencement of the meeting as required by said 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 said proceedings, and that no controversy or litigation is pending,pra ed 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 said Municipality hereto affixed this day of , 20_. City Clerk, Waterloo, Iowa SEAL Page 65 of 211 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $30,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for a grant and related administrative expenses to Iowa Heartland Habitat for Humanity. City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date Finmain ee l da llfle, Kelley Approved 5/30/2018 .... 1.20 P ATTACHMENTS: Description Type ❑ Easn IfWa�.erlloa� '.l. IF l:..la(Ik tat (::3rannrnt FYI-1. (.;O n`ncll Covet M iabo Resolution approving the use of not to exceed 530.000 in East Waterloo SUBJECT: Unified Urban Renewal Area Tax Increment Financing funds for a grant and related administrative expenses to Iowa Heartland Habitat for Humanity. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Expenditure Required: Not to exceed $30,000. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general obligation bonds for the development. Under current Tax Increment Financing(TIF) law, in order to make payments for this project from a tax increment financing district without Background Information: issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 66 of 211 CITY OF WATERLOO , HOWA CITY CLERK AND FINANCE DEPARTMENT KELL Y FEL(.HLE w Cit,Clerk lerh CvIIC HELLE WEIDNER,01A C hi f onanciol(y ccI a • a i l la1,07, QUEN'1 IN IIART' Council Communication City Council Meeting: June 4, 2018 MEI�r�c;ll, MF:ME3ERS Prepared: May 29, 2018 1 Dept. Head Signature: Number of Attachments: 1 i MARGARET L KLEIN Weird I SUBJECT: Approval of use of Tax Increment Funds for t g development in the East Waterloo Unified Tax ,ACO"E Increment Financing District .rAc c�r3s Ward Submitted by: Michelle C. Weidner, Chief Financial Officer I'A'mIC K MO)"MISSI"Y Ward 3 Recommended City Council Action: Planning has requested that a resolution rl.Rc>Mr authorizing the use of East Waterloo Unified Urban Renewal Area Tax Increment AMOS rR Financing funds to make an economic development grant to Iowa Heartland Illard4 Habitat For Humanity be approved in an amount not to exceed $30,000. i CHRIS Summary Statement: SHIMP lFard.5 Expenditure Required: Not to exceed $30,000 RJON() C ;rLSource of Funds: Tax Increment in East Waterloo Unified Urban JU!'� ,art-Large Renewal Area STF',VE Policy Issue: N/A it SC HMITT rr.,l.arge Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. wE°rel:WO IUNG FOR YOU! Page 67 of 211 An Equal OpPortcrnity/Affirmative Action Employer RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE MIDPORT URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the Logan area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2019-135 adopted on March 5, 2018, approved and authorized execution of a development agreement and economic development grant to Iowa Heartland Habitat for Humanity for development of properties within the Walnut neighborhood. WHEREAS, in order to advance funds for the cost of the Project, it is necessary to snake certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $30,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban !' Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $30,000 shall be advanced from time to time from the Capital Improvements Fund in order to pay the .. 1 _ Page 68 of 211 S f, costs of the Project. The advance shall be treated as an internal loan from the Capital f Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of 52018. Mayor ATTEST: City Clerk t - 2 - Page Page 69 of 211 i f f CIG-3 CERTIFICATE STATE OF IOWA } ) SS COUNTY OF BLACK HAWK } 1, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council {a copy of the face sheet of said 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 said 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 said 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. M WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20 City Clerk, Waterloo, Iowa SEAL 17CORNELL1569667.1 IMS Wordll t3I0.000 Page 70 of 211 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $360,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the House of Hope property acquisition project. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date Fiii@iice 17elchle, KefleyApproved 5/30/2018 1-21 PM ATTACHMENTS: Description Type D Eas t WAU-,Yloo 'I'l F I I mise of hope ope A.(,,,(.1 F'`'1-:x,18 Ccwer Meii/no Resolution approving the use of not to exceed $360,000 in East Waterloo SUBJECT: Unified Urban Renewal Area Tax Increment Financing funds for the House of Hope j2ropea acquisition project. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Expenditure Required: Not to exceed $360,000. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general obligation bonds for the development. Under current Tax Increment Financing(TIF) law, in order to make payments for this project from a tax increment financing district without Background Information: Lssuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 71 of 211 CITY OF WATERLOO , IOWII A C ITY CLERK AND FINANCE DEPARTMENT CilyClork M1(,F1JR,LE WEIDNEAZ,CPA m CNe1Fhiajwia1Q1i eel, o ® iWayor QUE-1\111N 11AR.'1' Council Communication City Council Meeting: June 4, 2018 COUNCIL MFM13P.',R,9- Prepared: May 29, 2018 Dept. Head Signature." Number of Attachments: I (VIA RGARE'"I' KLEAN Fr a,4l1 SUBJECT: Approval of use of Tax Increment Funds for BRUCE development in the East Waterloo Unified Logan Tax JACOBS Increment Financing District fk'ard 2 Submitted by: Michelle C. Weidner, Chief Financial Officer PATRICK MORRISSEY Ward 3 Recommended City Council Action: Planning has requested that a resolution r,,R 0M E authorizing the use of East Waterloo Unified Logan Urban Renewal Tax AMOS,JR. Increment Financing funds to make a property acquisition for the House of Hope, Ward 4 222 Walnut St., be approved in an amount not to exceed $360,000. CrIfus Summary Statement: SHIN IP Ward 5 Expenditure Required: Not to exceed $360,000 SHARON JLJON Source of Funds: Tax Increment in East Waterloo Unified Logan At-Large Urban Renewal Area STEVE Policy Issue: N/A SCHMITT Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORKING FOR.YOU! Page 72 of 211 An Equal Opportunity/Affirmative Action Employer S f 3 f S RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified j Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the Logan area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2017-637 adopted on August 7, 2017, approved and authorized the real estate purchase agreement with Christian Community Development for 222 Walnut Street to allow for redevelopment of the area. WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $360,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $360,000 shall be advanced from time to time from the Capital Improvements Fund in order to pay the - 1 - Page 73 of 211 f i i costs of the Project. The advance shall be treated as an internal loan from the Capital E Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax d Increment Fund at the earliest opportunity, without interest. 5 Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these a amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 2018. Mayor < ATTEST: City Clerk - 2 - Page 74 of 211 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 sewed 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 said 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 thepublic and media at least twenty-four hours prior to the commencement of the meeting as required by said 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 said 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 said Municipality hereto affixed this u F day of , 20 City Clerk, Waterloo, Iowa SEAL ©CQRNELU 569667.1/MSWo€d111310.000 Page 75 of 211 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $20,750 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for the Walnut Street Neighborhood architectural re-survey project. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date Fiiiuouuce W(,ncim err, 1''vl'nchefle Approved 5/30/.2018 .... 11.fir7 AM (errlati Office ppizgby, T�r m.,,,y Approved 5/30/:018 .... 1207 PM ATTACHMENTS: Description Type East ti 'airedoo Walnut t °Bur vey (;auu..urueH Coryu n Covet Me alo Resolution approving the use of not to exceed 520.750 in East Waterloo SUBJECT: Unified Urban Renewal Area Tax Increment Financing funds for the Walnut Street Neighborhood architectural re-survQY project. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Expenditure Required: Not to exceed $20,750. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general obligation bonds for the development. Under current Tax Increment Financing(TIF) law, in order to make payments for this project from a tax increment financing district without Background Information: Lssuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 76 of 211 CITY OF WATERLOO , IOWA CETY CLERK AND F114ANCE DEPARTMENT MICHELLEWEIDNER,CPA Helyor QUENTIN HART Council Communication City Council Meeting: June 4, 2018 COUNCIL Prepared: May 29, 2018 Mfj',M13I-_-1'RS Dept. Head Signature: Michelle C. Weidner ................... Number of Attachments: 1 MARGARET KLEIN 14"al-d I SUBJECT: Approval of use of Tax Increment Funds for BRUCE, development in the East Waterloo Unified Tax Increment Financing District JACOBS Word 2 Submitted by: Michelle C. Weidner PATRICK MORRISSEY I f1fird 3 Recommended City Council Action: Planning has requested that a resolution authorizing the use of East Waterloo Unified Urban Renewal Area Tax Increment JEROME Financing funds for an architectural re-survey of the Walnut Street neighborhood AMOS,JR, by Louis Berger U.S., Inc. be approved in an amount not to exceed $20,750. ff,'ard 4 CHRIS Summary Statement: SHIMP Ward 5 Expenditure Required: Not to exceed $20,750 SHAIWN Source of Funds: Tax Increment in East Waterloo Unified Urban JUO'N Renewal Area STEVE Policy Issue: N/A SCHMITT Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORTUNG FOR YOU! Page 77 of 211 An Equal OPPOrtUnity/Affirmative Action Employer RESOLUTION NO. Y RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the Logan area; and P. S WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2017-630 adopted on August 7, 2017, approved and authorized a Professional Services Agreement with Louis Berger U.S., Inc. for an architectural re-survey of the Walnut Street neighborhood and a National Register of Historic Places historic district nomination for the Walnut Street area in the amount of $20,750. jl WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $20,750. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Page 78 of 211 i, I'. Section 2. It is hereby directed that an amount not to exceed $20,750 shall be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of 32018. Mayor ATTEST: City Clerk s i - 2 - Page 79 of 211 I CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said 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 said 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 said 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 said Municipality hereto affixed this day of , 20 City Clerk, Waterloo, Iowa SEAL DCORNELL/569667.1/MSWord111310.000 i i Page 80 of 211 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $47,000 in Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds for rail access design. City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date Fim nice We,ncinerr, 1''vl'nche ie Approved 5/30/.'018 ....4-�5 PM (Ierr1; Office l izgby, T�amn::y Approved 5/30/2018 ....4.31 PM ATTACHMENTS: Description Type D 1tTpa p e 1' 17 lZaill .ccess 1)es�gn Advance FYE]8 Covet Mealo COILHIcd.Con:rirn:ri. Resolution approving the use of not to exceed 547.000 in Northeast SUBJECT: Industrial Site Urban Renewal Area Tax Increment Financing District funds for rail access design. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of Northeast Industrial Site Urban Renewal Area Tax Increment Financing fu ds for rail access design. Expenditure Required: Not to exceed $47,000. Source of Funds: Tax increment in Northeast Industrial Site TIF District. Alternative: The City could use general obligation bonds for the development. Under current Tax Increment Financing(TIF)law, in order to make payments for this project from a tax increment financing district without Background Information: issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 81 of 211 OCITY F WATERLOO , CITY L hkND FINANCE A NT KELL•E;Y Ft I Clrl E Cit),Cler C1lIC r1 1.,1 I Kh�1u11)KIL I ( 1 Fh C'lri�ff Arreartc�rrl C7/�i''c r oe Ahlyor QUENTI.N VIA RT Council Communication City Council Meeting: June 4, 2018 I' COUNCIL Prepared: May 29, 2018 MFsCYrBERS Dept. Bead Signature: Michelle C. Weidner Number of Attachments: 1 MAR.C,ARErf, KIXIN rr"a„rdI SUBJECT: Approval of use of Tax Increment Funds for development in the Northeast Site Tax Increment BRUCE, Financing District JAC:OBS [Vard2 Submitted by: Michelle Weidner, Chief Financial Officer PATRICK MORRISSEY Ward Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of Northeast Industrial Site Urban JEROME Renewal Area Tax Increment Financing District funds for rail access design in AMOS,JR. the NE Site TIF district in an amount not to exceed $47,000. 6E'ard 9 CHRIS Summary Statement: SHIMP [Varr.x Expenditure Required: Not to exceed $47,000 SHARON Source of Funds: Tax Increment in NE Site Urban Renewal Area >> JON Policy Issue: N/A STEVE Alternative: SC"HMITT f!t-Laa�c? Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Projects Fund and then repay that advance using the cash from the Tax 1 Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. VVE'Rr' WOKKING FOR YOU Page 82 of 211 An Equal Opportunity/Affirmative Action Empfoyer r r. RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE NORTHEAST INDUSTRIAL SITE URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Northeast Industrial Site Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including infrastructure improvements for future development of the Northeast Site Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore authorized contracts for rail access design in the Northeast Industrial Site Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $47,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4688 there has been established the Northeast Industrial Site Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Northeast Industrial Site Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $47,000 be advanced from time to time from the Capital Projects Fund in order to pay the costs of Page 83 of 211 the Project. The advance shall be treated as an internal loan from the Capital Projects Fund and shall be repaid to the Capital Projects Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 2018 Mayor ATTEST: City Clerk CIG-3 Page 84 of 211 CERTIFICATE STATE OF IOWA } ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said 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 said 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 said 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. 1 WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20 City Clerk, Waterloo, Iowa SEAL DCORNELL/569667.1/MSWord111310.000 P I Page 85 of 211 CITY OF WATERLOO Council Communication Resolution approving the use of$50,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for economic development marketing. City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date Fim mice W(,ncim err, 1''vl'nche ie Approved 5/"30/.'018 ....4.26 PM (errk Office ppig,[)y, T�amr:'y Approved 5/30/2018 ....4.31 PM ATTACHMENTS: Description Type East ti 'airedoo p:::3uxton A.nri Exp FY 8 Covet Mealo Resolution approving the use of 550,000 in East Waterloo Unified Urban SUBJECT: Renewal Area Tax Increment Financing funds for economic development marketing. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Expenditure Required: Not to exceed $50,000. Source of Funds: Tax increment in East Waterloo Unified Urban Renewal Area. Alternative: The City could use general obligation bonds for the development. Under current Tax Increment Financing(TIF) law, in order to make payments for this project from a tax increment financing district without Background Information: Lssuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 86 of 211 I; f Clrrarrcla!f7t�'c� • 0 • C11" Y OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT I�ICFyOX' Q'UP, ]N HART Council Communication COUNCIL City Council Meeting: June 4, 2018 MRNIBU1,1 1 Prepared: May 29, 2018 ................... Dept. plead Signature: Michelle C. Weidner rvtAtc;Alal Number of Attachments: 1 KLEIN ff�ard 1 SUBJECT: Approval of use of Tax Increment Financing funds for BRUCt, development in the East Waterloo Unified Tax Increment JACOBS Financing District ff,rard 3 y� PATRICKPATRICKSubmitted b Michelle C. Weidner, Chief Financial Officer iViORRISSEY fflai d 3 Recommended City Council Action: Planning has requested that the City JErz.OME Council adopt a resolution approving the use of East Waterloo Unified Tax ANIOS.M Increment Financing funds in an amount not to exceed $50,000 for the year ended June 30, 2018 to finance marketing and administrative expenses for CHRIS economic development for the East Waterloo Unified Urban Renewal Area. SHIMP Wm-d s Summary Statement: r t SHARON Expenditure Required: Not to exceed $50,000 JIJON ,41-Large Source of Funds: Tax Increment in East Waterloo Unified Urban STEVE Renewal Area SCEIMITT, Policy Issue: N/A rf t,!a,'ge Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our l bond attorney for that purpose. WE RE WORKING G FOR.YOU Page 87 of 211 An Equal Oppaitunity/Affirmative Action Employer F RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development of the East Waterloo Unified Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized marketing and administrative expenses for economic development purposes within the East Waterloo Unified Urban Renewal Area(the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $50,000 for the year ending June 30, 2018. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4902 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that $50,000 be advanced from time to time from the General Fund in order to pay the costs of the Project. The advance shall be - 1 - Page 88 of 211 treated as an internal loan from the General Fund and shall be repaid to the General Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 2018. Mayor ATTEST: City Clerk - 2 - Page 89 of 211 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 i 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 said 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 thepublic and media at least twenty-four hours prior to the commencement of the meeting as required by said 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 said 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 said Municipality hereto affixed this day of , 20_. City Clerk, Waterloo, Iowa SEAL Page 90 of 211 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $420,000 in East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for economic development grant to Central Property Holdings, LLC and related administrative expenses. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date Fiiim i:ie.; 1 da llfle, Ka fley Approved 5/30/2018 ....4.42 PM ATTACHMENTS: Description Type East /' tefloo 't I dons of 11ope A.e(p FNEIS (::`unvet Ma nio lubtcnruuddvarrr:ue- (":°niradProperty llolu3urbga (:'uaur�°ir Mcn�v Resolution approving the use of not to exceed 5420,000 in East Waterloo SUBJECT: Unified Urban Renewal Area Tax Increment Financing funds for economic development grant to Central Property Holdings. LLC and related administrative expenses. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Expenditure Required: Not to exceed $420,000. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general obligation bonds for the development. Under current Tax Increment Financing(TIF) law, in order to make payments for this project from a tax increment financing district without Background Information: issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 91 of 211 CITY OF WATERLOO , IOWII A C ITY CLERK AND FINANCE DEPARTMENT CilyClork M1(,F1JR,LE WEIDNEAZ,CPA m CNe1Fhiajwia1Q1i eel, o ® iWayor QUE-1\111N 11AR.'1' Council Communication City Council Meeting: June 4, 2018 COUNCIL MFM13P.',R,9- Prepared: May 29, 2018 Dept. Head Signature." Number of Attachments: I (VIA RGARE'"I' KLEAN Fr a,4l1 SUBJECT: Approval of use of Tax Increment Funds for BRUCE development in the East Waterloo Unified Logan Tax JACOBS Increment Financing District fk'ard 2 Submitted by: Michelle C. Weidner, Chief Financial Officer PATRICK MORRISSEY Ward 3 Recommended City Council Action: Planning has requested that a resolution r,,R 0M E authorizing the use of East Waterloo Unified Logan Urban Renewal Tax AMOS,JR. Increment Financing funds to make a property acquisition for the House of Hope, Ward 4 222 Walnut St., be approved in an amount not to exceed $360,000. CrIfus Summary Statement: SHIN IP Ward 5 Expenditure Required: Not to exceed $360,000 SHARON JLJON Source of Funds: Tax Increment in East Waterloo Unified Logan At-Large Urban Renewal Area STEVE Policy Issue: N/A SCHMITT Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORKING FOR.YOU! Page 92 of 211 An Equal Opportunity/Affirmative Action Employer S f 3 f S RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified j Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including site development for the future development of the Logan area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2017-637 adopted on August 7, 2017, approved and authorized the real estate purchase agreement with Christian Community Development for 222 Walnut Street to allow for redevelopment of the area. WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $360,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $360,000 shall be advanced from time to time from the Capital Improvements Fund in order to pay the - 1 - Page 93 of 211 f i i costs of the Project. The advance shall be treated as an internal loan from the Capital E Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax d Increment Fund at the earliest opportunity, without interest. 5 Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these a amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 2018. Mayor < ATTEST: City Clerk - 2 - Page 94 of 211 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said 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 sewed 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 said 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 thepublic and media at least twenty-four hours prior to the commencement of the meeting as required by said 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 said 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 said Municipality hereto affixed this u F day of , 20 City Clerk, Waterloo, Iowa SEAL ©CQRNELU 569667.1/MSWo€d111310.000 Page 95 of 211 I CNTY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT � ' KELLEY ITLCI ILL Cit,-Clerk MICFIELLE WEIDNrs"R,C;I'rA « C'lrie Fimmeial Clffreer e tJ'crYvr 1 F{A[ 'I' r Council Communication City Council Meeting: June 4, 2018 COUNCIL Prepared: May 29, 2018 MF.MBI-;rtS Dept. Head Signature: Number of Attachments: 1 MARGARET KLEIN tr-Er,rl t SUBJECT: Approval of use of Tax Increment Funds for development in the East Waterloo Unified Tax rir raCr Increment Financing District - Logan AreaJACOBS R'are1, Submitted by: Michelle C. Weidner, Chief Financial Officer PATRICK MORRISSEY Ward Recommended City Council Action: Planning has requested that a resolution authorizing the use of East Waterloo Unified Urban Renewal - Logan Area Tax JER0MI Increment Financing funds to make an economic development grant to Central Aa - lt. f'�rd:/ Property Holdings LLC and for related administrative expenses be approved in an amount not to exceed $420,000. CiIRI Sr-rIMP Summary Statement: GVcarcl 5 SHARON Expenditure Required: Not to exceed $420,000 i Al-Lar Source of Funds: Tax Increment in East Waterloo Unified Urban rt-L�,r Renewal - Logan Area S'rl,vr SCHMi°i-r Policy Issue: N/A At-Large Alternative: f Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. i WE'RE WORKING FOR YOU! Page 96 of 211 t An Equal(7pporlunilylAffirrnative Action Employer RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 l f WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects i within the Urban Renewal Area, including site development for the fixture development of the Logan area; and WHEREAS, in furtherance thereof the City Council has heretofore, by r Resolution 2017-622 adopted on August 7, 2017, approved and authorized execution of a development agreement and economic development grant to Central Property Holdings LLC to develop a grocery store in the area. WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, without interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $420,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the East Waterloo Unified Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $420,000 shall be advanced from time to time from the Capital Improvements Fund in order to pay the - 1 - Page 97 of 211 costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 2018. ,i Mayor ATTEST: City Clerk i' i; 1' €i s - 2 - Page 98 of 211 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said 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 said 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 said 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 said Municipality hereto affixed this day of , 20 City Clerk, Waterloo, Iowa SEAL k DCORNELL/564667.1/MSWord111310.000 a Page 99 of 211 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $160,000 in Downtown Urban Renewal Area Tax Increment Financing District funds for easements, construction and construction related services for street and parking improvements in the Single Speed Brewery area. City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date 1"nnnan:�ncn. Wepd:rr ,err, l 'n(.,,,h.>die Approved 5/31/2018 .... 1 1-�4 .M (. errk Office lfig[ny, T�amy Approved 5/31/2018 .... 1:.14 PM ATTACHMENTS: Description Type 1:owritowrn Sore-e- and Panrldnng Iniipr FYIS (.,oveir- Me nio Resolution approving the use of not to exceed 5160,000 in Downtown SUBJECT: Urban Renewal Area Tax Increment Financing District funds for easements construction and construction related services for street and parking improvements in the Single Speed Brewery area. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of Downtown Renewal Area Tax Increment Financing funds for easements, construction and construction related services for street and parking improvements in the Single Speed Brewery area. Expenditure Required: Not to exceed $160,000. Source of Funds: Tax increment in the Downtown Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. Under current Tax Increment Financing(TIF) law, in order to make payments for this project from a tax increment financing district without Background Information: issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 100 of 211 CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT City( wk MIC llEl,l,l- WFlDWR,('PA 9 ChiefFinancialQf ----------------- ---------------------------------------- --------- UaVor Council Communication City Council Meeting: June 4, 2018 QUENTIN Prepared: May 29, 2018 HAR'IDept. Head Signature: Michelle Weidner COUNCIL Number of Attachments: 1 MEMBERS ................... SUBJECT: Approval of use of Tax Increment Funds for MARGARI"'T development in the Downtown Tax Increment KLEIN Financing District I Gird I BR(XI" Submitted by: Michelle C. Weidner, Chief Financial Officer JACOBS- [Vard 2 Recommended City Council Action: Planning has requested that a resolution PATRICK authorizing the use of Downtown Urban Renewal Area Tax Increment Financing MORRISSLN funds for easements, construction and construction related services for street and [Vard 3 parking improvements in the Single Speed Brewery area located in the Downtown TIF District be approved in an amount not to exceed $160,000. JI ROME AMOSJR. Summary Statement: Ward 4 CHRIS Expenditure Required: Not to exceed $160,000 SlIlMP lf'ord 5 Source of Funds: Tax Increment in the Downtown Urban Renewal Area SHARON MON Policy Issue: NIA AI-Lavga STEVE Alternative: SCAIMITT it At-Large Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose. WE'RE WORMNG I"OR YOU! Page 101 of 211 An Equal Opportunity/Affirmative Action Employer r RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DOWNTOWN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Downtown Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the construction of public infrastructure near the Single Speed Brewery for future development of the Downtown Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized easements, design, construction and construction related services for street and parking improvements in the Single Speed Brewery area located in the Downtown Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $160,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5249 there has been established the Downtown Urban Renewal Area ( Tax Increment Revenue Fund the Tax Increment Fund), into which all incremental property tax revenues received from the Downtown Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that amounts not to exceed $160,000 be advanced from time to time from the Capital Improvements Fund in order to pay the - 1 � Page 102 of 211 costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20_ Mayor ATTEST: City Clerk i; a a 9 i' i Ei - 2 - Page 103 of 211 CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) 1, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said 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 said 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 said 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 said Municipality hereto affixed this day of , 20_ City Clerk, Waterloo, Iowa SEAL Page 104 of 211 CITY OF WATERLOO Council Communication Resolution approving the use of not to exceed $20,000 in Downtown Urban Renewal Area Tax Increment Financing District funds for a grant to Bread to Beer, LLC for the Single Speed Brewery project. City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date Fiiiaorrce W(,ncim err, 1''vl'nchefle Approved 5/31/2,01 .... 11. 4 .M (err1; Office 1pilgby, 1" aw.,,,y Approved 5/.31/2018 .... 1214 PM ATTACHMENTS: Description Type 1)owrrttowri Sir g1c Speed Granit p YE 8 Covet Menlo Resolution approving the use of not to exceed S20,000 in Downtown Urban SUBJECT: Renewal Area Tax Increment Financing District funds for a grant to Bread to Beer, LLC for the Single Speed Brewer project. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use Recommended Action: of Downtown Renewal Area Tax Increment Financing funds for a grant to Bread to Beer, LLC for the Single Speed Brewery project. Expenditure Required: Not to exceed $20,000. Source of Funds: Tax increment in the Downtown Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. Under current Tax Increment Financing(TIF) law, in order to make payments for this project from a tax increment financing district without Background Information: issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 105 of 211 f CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEYFELCHLE MICA WE.IDNER,CPA a 6'hie FinwicialQfficer �f .............................---.........--------- .................. . .................................. se ilk(vor Council Communication QUENTIN City Council Meeting: June 4, 2018 HART Prepared: May 29, 2018 Dept. Head Signature: Michelle Weidner COUNCIL W.MBERS Number of Attachments: 1 ...........I....... MARGARI'T SUBJECT: Approval of use of Tax Increment Funds for KLEINKLEIN development in the Downtown Tax Increment Ward I Financing District 13 R Uc E Submitted by: Michelle C. Weidner, Chief Financial Officer JACOBS I and 2 PATRICK Recommended City Council Action: Planning has requested that a resolution N40IZRISSI-'X authorizing the use of Downtown Urban Renewal Area Tax Increment Financing funds to make an economic development grant to Bread to Beer, LLC for the SingleSpeed Brewery project in the Downtown TIF District be approved in an amount not to exceed $20,000. \I4 OS, fllelre[4 Summary Statement: CHRIS STAMP Expenditure Required: Not to exceed $20,000 R'ord 5 SI IARON Source of Funds: Tax Increment in Downtown Urban Renewal RJON Area AP-Large STEVE Policy Issue: N/A S('111MITT .4t-Large Alternative: Background Information: Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bonding attorney for that purpose, WE'RE- WORI',ING FOR YOU! Page 106 of 211 An Equal Opportunity/Affirmative Action Employer S 5 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DOWNTOWN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Downtown Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property and economic development grants to developers for future development of the Downtown Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized execution of a development agreement and related grant to Bread to Beer, LLC for the SingleSpeed Brewing project to develop property located in the Downtown Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS it is the intention of the Cit to certify the amount of funds so WHEREAS, Y fY advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $20,000. FORE IT IS RESOLVED b the Cit Council of the Cit of NOW, THEREFORE, y y y Waterloo, Iowa as follows: Section 1. Pursuant to Ordinance No. 5249 there has been established the Downtown Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Downtown Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. .. 1 _ Page 107 of 211 s f Section 2. It is hereby directed that amounts not to exceed $20,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20_. Mayor ATTEST: } f ii City Clerk is a — 2 — Page 108 of 211 CIG-3 i i CERTIFICATE STATE OF IOWA ) ) SS. COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent'place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said 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 said 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 said proceedings, and that no controversy or litigation is pending, prayed or a 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 said Municipality hereto affixed this day of , 20 E. City Clerk, Waterloo, Iowa SEAL Page 109 of 211 CITY OF WATERLOO Council Communication Resolution approving variance request by Nikki Fischels, to Section 5-2-6 of the Waterloo Code of Ordinances, Discharging Weapons, to allow for the St. John's/St. Athanasius National Archery in the Schools Tournament, to be held at the Cedar Valley Sportsplex, 300 Jefferson Street, on December 8, 2018 from 7:00 a.m. to 7:00 p.m. City Council Meeting: 6/4/2018 Prepared: 5/31/2018 REVIEWERS: Department Reviewer Action Date Pofice Department Mohilis, Dave Approved 5/31/2018 .... 3:53 PM t.`pefl< Office l p1;l:y, T";aamcy Approved 5/31/2018 .... 5.26 PM Resolution approving variance request by Nikki Fischels, to Section 5-2-6 of the Waterloo Code of Ordinances. Discharging Weapons, to allow for the SUBJECT: St. John's/St. Athanasius National Archery in the Schools Tournament, to be held at the Cedar Valley Sportsplex, 300 Jefferson Street. on December 8. 2018 from 7:00 a.m. to 7:0012.m. Submitted by: Submitted By: Dave Mohlis, Police Captain Recommended Action: Approve variance request This is a adult supervised youth archery tournament that will be held at the Summary Statement: Cedar Valley Sportsplex. This is the second year for this event to be held at this location. Expenditure Required: None Page 110 of 211 CITY OF WATERLOO Council Communication Resolution setting date of hearing as June 18, 2018, to approve Master Lease Agreement and Lease Supplements with Verizon Wireless to be able to place equipment on city light structures, for aperiod of twenty-five (25)years, with supplements for five years at $30 per month/pole, and authorize the Mayor and City Clerk to sign and fully execute all necessary documents. City Council Meeting: 6/4/2018 Prepared: 6/1/2018 REVIEWERS: Department Reviewer Action Date Nmmnmmnpmng& zomm�'I p A.nidersoi, Noem Approved 6/1/2018 ... p 0-52 AM t.`pefl< Office pp ;imy, Nammcy Approved 6/1/2018 p2.p2 PM ATTACHMENTS: Description Type Mas eir mumnd trvo su.upple.nnmennts Covc.r Memo Resolution setting date of hearing as June 18, 2018, to approve Master Lease Agreement and Lease Supplements with Verizon Wireless to be able to place SUBJECT: equipment on city light structures, for a period of twen,-five 25)years, with supplements for five years at$30 per month/pole, and authorize the Mayor and City Clerk to sign and fully execute all necessary documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve resolution Verizon has worked with other communities in Iowa, private owners, and utility companies, to utilize existing light structures, for the addition of Summary Statement: equipment for wireless services. This equipment works to boost signals and strength in area of high usage in communities to help residents and visitors alike gain additional services, etc. Expenditure Required: None Source of Funds: NA Policy Issue: Additional revenue, services to community Alternative: Not approve Verizon has been working with the City to work out a Master Agreement so we can continue to work on providing this type of improvement in differeing areas of the community. Light pole fixtures are often owned by the City, or MidAmerican Energy, or the Iowa DOT, or private companies. There is Page 111 of 211 Background Information: equipment in the Crossroads area now, that is in place to boost the signal. The two light poles starting for the supplemental agreement would be in the Tower Park area, and would replace poles (per City specs), be in charge of maintenance of pole, and would pay the City $30 per year(same as University of Iowa lease amount). Legal Descriptions: NA Page 112 of 211 SITE NAME:Waterloo MLA SITE NUMBER: ATTYIDATE:GJ MASTER LEASE AGREEMENT This Master Lease Agreement (the "Agreement") made this day of 20_, between the City of Waterloo, Iowa, with its principal offices located at 715 Mulberry Street, Waterloo, Iowa 50703, hereinafter designated LESSOR and Southwestco Wireless, Inc. d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party." RECITALS WHEREAS, LESSOR is the owner of, or holds a leasehold or other possessory interest in, certain properties, utility poles and/or facilities,which are located within the geographic area of a license held by LESSEE to provide wireless services issued by the Federal Communications Commission (the "FCC License"); and WHEREAS, LESSEE desires to install, maintain and operate communications equipment on certain of LESSOR's properties, utility poles and/or facilities; and WHEREAS, LESSOR and LESSEE desire to enter into this Agreement to define the general terms and conditions which would govern their relationship with respect to particular sites at which LESSOR may wish to permit LESSEE to install, maintain, and operate communications equipment; and WHEREAS, LESSOR and LESSEE acknowledge that they will enter into a lease supplement ("Supplement"), in substantially the form attached hereto as Exhibit A, with respect to each particular location or site on which the LESSOR agrees to allow LESSEE to install, maintain, and operate communications equipment; and f WHEREAS, the Parties acknowledge that different related entities may operate or conduct the business of LESSOR and LESSEE in different geographic areas, and as a result, each Supplement may be signed by LESSEE and LESSOR's affiliated entities as further described herein, as appropriate based upon the ownership or other interest in the subject property, utility poles or facility, in the case of LESSOR, and the entity holding the FCC License in the subject geographic location, in the case of LESSEE. NOW THEREFORE, in consideration of the mutual covenants contained herein, and intending to be legally bound hereby, the Parties agree as follows: 1. PREMISES. Pursuant to all of the terms and conditions of this Agreement and the applicable Supplement, LESSOR agrees to lease to LESSEE certain space described in the applicable Supplement upon LESSOR's utility poles (the "Poles") and/or surrounding real and/or personal property (LESSOR's Poles, personal property and surrounding real property are hereinafter sometimes collectively referred to as the "Property"), for the installation, operation and maintenance of communications equipment; together with the non-exclusive right of ingress and egress from a public right-of-way, seven (7) days a week, twenty four (24) hours a day, over, under and through the Property to and from the s Premises(as hereinafter defined)for the purpose of installation, operation and maintenance of LESSEE's communications facility. Notwithstanding the foregoing, in the event a Pole is not located in the public i Page 113 of 211 right-of-way or is not located upon Property which allows public access seven (7) days a week, twenty four (24) hours a day, LESSEE shall provide LESSOR twenty four(24) hours' advance notice to LESSOR by contacting LESSOR's emergency number at (31.9) 291-4267, except in the event access to the Pole is required for emergency maintenance and/or repair, in which case LESSEE shall provide LESSOR advance notice as is reasonably practical given the circumstances. The space leased by LESSOR to LESSEE described in the applicable Supplement is hereinafter collectively referred to as the "Premises". The Premises may include, without limitation, certain space on the ground (the "Equipment Space") on the Property, and space on the Poles sufficient for the installation, operation and maintenance of antennas and other equipment (the "Antenna Space") as described in the Supplement. Notwithstanding anything in any Supplement to the contrary, the Premises under each Supplement shall include such additional space necessary for the installation, operation and maintenance of wires, cables, conduits, and pipes (the "Cabling Space") running between and among the various portions of the Premises and to all necessary electrical and telephone utility, cable, and fiber sources located within the Property. If there are not sufficient electric and telephone utility, cable, or fiber sources located on the Property, LESSOR agrees to grant LESSEE,or the local utility, or fiber or cable provider,the right to install any utilities,cable,and fiber on, thru, over, and under the Property necessary for LESSEE to operate its communications facility, provided the location of those utilities, cable, and fiber shall be as reasonably designated by LESSOR. 2. CONDITION OF PROPERTY. LESSOR shall deliver the Premises to LESSEE in a condition ready for LESSEE's construction of its improvements and clean and free of debris. LESSOR represents and warrants to LESSEE that as of the Effective Date of each Supplement,and continuing throughout the Term (as hereinafter defined) of each Supplement: (a) the Property is in compliance with all Laws (as defined in Paragraph 23 below), including any applicable building codes, regulations, or ordinances that may exist with regard to the Poles, or any part thereof; and (b) LESSOR will facilitate LESSEE's investigation of the Property to determine whether or not lead-based paint, asbestos,or other hazardous substances(as that term may be defined under any applicable federal, state or local law) are present on the Premises. If a breach of the representations and warranties contained in this Paragraph 2 is discovered at any time during the Term of a particular Supplement, LESSOR shall, promptly after receipt of written notice from LESSEE setting forth a description of the breach, rectify the non-compliance at LESSOR's expense. 3. TERM; RENTAL. This Agreement shall be for a term of twenty-five (25) years commencing upon the execution hereof by both Parties. Each Supplement shall be effective as of the date of execution by both Parties (the "Effective Date"), provided however, the initial term of each Supplement shall be for five (5) years and shall commence on the first day of the month following the day that LESSEE commences installation of its equipment on the Premises (the "Commencement Date"), at which time rental payments shall commence and be due at a total annual rental which shall be assessed pursuant to pole attachment rates established by the FCC and reflected in the corresponding Supplement,to be paid in advance annually on the Commencement Date and on each anniversary of the Commencement Date, in advance,to the payee designated by LESSOR in the Supplement,or to such other person,firm or place as LESSOR may,from time to time,designate in writing at least thirty(30)days in advance of any rental payment date by notice given in accordance with Paragraph 17 below. LESSOR and LESSEE acknowledge and agree that the initial rental payment for each Supplement may not actually be sent by LESSEE until thirty (30) days after the Commencement Date. LESSOR and LESSEE agree that they shall acknowledge in writing the Commencement Date of each Supplement. 2 Page 114 of 211 Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in that event, LESSOR agrees to provide to LESSEE bank routing information for that purpose upon request of LESSEE. LESSOR hereby agrees to provide to LESSEE certain documentation(the"Rental Documentation") including without limitation: (i) regarding the right of LESSOR to receive rental payments and other benefits under each Supplement; (ii)a completed, most current version of Internal Revenue Service Form W-9, or equivalent, and applicable state or local withholding forms, for any party to whom rental payments are to be made pursuant to this Agreement or a Supplement; and (iii) other documentation requested by LESSEE to comply with the requirement of any applicable laws, rules, regulations, ordinances, directives, or covenants now in effect, or which may hereafter come into effect. Within fifteen (15) days of obtaining an interest in any Property,Supplement or this Agreement, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR must provide to LESSEE such Rental Documentation. All documentation must be acceptable to LESSEE in LESSEE's reasonable discretion. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the delivery of any rental payment by LESSEE. Notwithstanding anything to the contrary herein, or in any Supplement, LESSEE may hold all rent payments until Rental Documentation has been supplied to LESSEE as provided herein. 4. ELECTRICAL. At all times during the Term of each Supplement, LESSEE shall be permitted to connect its equipment to any existing electrical service and telephone service within the Premises. In the event LESSEE utilizes existing electrical and telephone service at the Premises,then a specified amount may be added to the annual rent due under each Supplement as additional rent as consideration for LESSEE's electrical service usage. In the event electrical and telephone service does not exist at the Premises,then LESSEE shall be permitted to obtain and install such services from the utility provider of LESSEE's choosing. LESSOR agrees to grant LESSEE and/or its provider the right to install such support services in a location as reasonably designated by LESSOR. LESSEE and/or its utility provider shall be permitted to upgrade such services, if necessary. If permitted by the local utility company servicing the.Premises, LESSEE shall furnish and install an electrical meter at the Premises for the measurement of electrical power used by LESSEE's installation, and shall pay the utility company directly for its electrical service usage. LESSEE shall be permitted at any time during the Term (as defined herein)of each Supplement,to install, maintain, and/or provide access to and use of, as necessary(during any power interruption at the Premises), a temporary power source and a temporary installation of any other services and equipment required to keep LESSEE's communications facility operational, along with all related equipment and appurtenances within the Premises, or elsewhere on the Property in such locations as reasonably approved by LESSOR. LESSEE shall have the right to install conduits connecting the temporary power source, and the temporary installation of any other services and equipment required to keep LESSEE's communications facility operational, and related appurtenances to the Premises. 5. EXTENSIONS. Each Supplement shall automatically be extended for four (4) additional five(5)yearterms unless LESSEE terminates it at the end of the then currentterm bygiving LESSOR written notice of the intent to terminate at least three (3) months prior to the end of the then current term. The initial term and all extensions under a Supplement shall be collectively referred to herein as the "Term". Notwithstanding anything herein, after the expiration of this Agreement, its terms and conditions shall 3 Page 115 of 211 survive and govern with respect to any remaining Supplements in effect until their expiration or termination. 6. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. LESSEE shall have the right, without any increase in rent, to replace, repair, add or otherwise modify its utilities, fiber or cable, equipment, antennas and/or conduits or any portion thereof, and the frequencies over which the equipment operates ("Modifications", whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached to a Supplement,during the Term,so long as such Modifications do not substantially or materially alter LESSEE's equipment. Any substantial or material modifications to the equipment will require LESSOR's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon LESSEE obtaining after the execution date of each Supplement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities, as well as a satisfactory Pole structural analysis that will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain the Governmental Approvals, and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. LESSEE shall have the right to terminate the applicable Supplement if: (i) any of the applications for Governmental Approvals is finally rejected; (ii) any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that the Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE determines that the Premises is no longer technically compatible for its use; or (v) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in accordance with the notice provisions set forth in Paragraph 17 and shall be effective upon the mailing of that notice by LESSEE, or upon such later date as designated by LESSEE, All rentals paid to the termination date shall be retained by LESSOR. Upon such termination, the applicable Supplement shall be of no further force or effect except to the extent of the representations, warranties, and indemnities made by each Party to the other thereunder. Otherwise,the LESSEE shall have no further obligations for the payment of rent to LESSOR for the terminated Supplement. 7. INDEMNIFICATION. Subject to Paragraph 8 below, to the extent allowed by law, each Party shall defend, indemnify and hold the other harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages may be due to, or caused by, the negligence or willful misconduct of the other Party, or its employees, contractors or agents. For purposes of this Paragraph, neither LESSEE nor any other third party to whom LESSOR has granted a right or permit to locate cable,telecommunications or other similar facilities upon the Property for use by persons other than LESSOR shall be deemed a contractor or agent of LESSOR. The indemnified Party will provide the indemnifying Party with prompt, written notice of any written claim covered by this indemnification; provided that any failure of the indemnified Party to provide any such notice, or to provide it promptly, shall not relieve the indemnifying Party from its indemnification obligations in respect of such claim, except to the extent the indemnifying Party can establish actual prejudice and direct damages as a result thereof. The indemnified Party will cooperate appropriately with the indemnifying Party in connection with the indemnifying Party's defense of such claim. The indemnifying Party shall defend any indemnified Party, at the indemnified Party's request, against any claim with counsel reasonably satisfactory to the indemnified Party. The indemnifying Party 4 Page 116 of 211 shall not settle or compromise any such claim or consent to the entry of any judgment without the prior written consent of each indemnified Party and without an unconditional release of all claims by each claimant or plaintiff in favor of each indemnified Party. 8. INSURANCE. a. To the extent allowed by law, the Parties hereby waive and release any and all rights of action for negligence against the other which may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire,or other casualty of the kind covered by standard fire insurance policies with extended coverage, regardless of whether or not, or in what amounts such insurance is now or hereafter carried by the Parties, or either of them. These waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or the Property shall waive the insurer's right of subrogation against the other Party. b. LESSOR and LESSEE each agree that at its own cost and expense, each will maintain commercial general liability insurance with limits not less than$2,000,000.00 per occurrence for bodily injury(including death)and for damage or destruction to property. LESSOR and LESSEE each agree that it will include the other Party as an additional insured. 9. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 7 and 21, a violation of Paragraph 26,or a violation of applicable law, neither Party shall be liable to the other, or any of their respective agents, representatives, employees, for any lost revenue, lost profits, loss of technology,rights or services,incidental, punitive,indirect,special or consequential damages,loss of data, or interruption or loss of use of service,even if advised of the possibility of such damages,whether under theory of contract, tort(including negligence), strict liability or otherwise. 10. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, LESSEE shall have the right to terminate each Supplement upon the annual anniversary of the Commencement Date provided that three (3) months prior notice is given to LESSOR. 11. INTERFERENCE. LESSEE agrees to install Equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other tenants of the Property which existed on the Property prior to the date the applicable Supplement is executed by the Parties. In the event any after-installed LESSEE's equipment causes such interference, and after LESSOR has notified LESSEE of such interference by a written communication and a call to LESSEE's Network Operations Center [at (800) 224-6620/(800) 621- 2622), LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE's option, powering down such interfering equipment and later powering up such interfering equipment for intermittent testing. If the interference continues for a period in excess of 48 hours following such notification, LESSOR shall have the right to require LESSEE to reduce power, and/or cease operations until such time LESSEE can effect repairs to the interfering equipment. In no event will LESSOR be entitled to terminate a Supplement or relocate the Equipment as long as LESSEE is making a good faith and diligent effort to remedy the interference issue. LESSOR agrees that LESSOR and/or any other users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then existing industry 5 Page 117 of 211 standards to the then existing equipment of LESSEE. If LESSEE determines, in its reasonable discretion, that LESSOR'S equipment or any other user's equipment permitted by LESSOR is causing interference, LESSOR shall, upon written communication and a call from LESSEE to LESSOR's emergency number(319) 291-4267,take all steps necessary to correct and eliminate the interference, including causing other users causing such interference to correct and eliminate the interference. if the interference continues for a period in excess of 48 hours following the notification, LESSOR shall, or shall require any other user to, reduce power and/or cease operations until such time as LESSOR, or the other user, can effect repairs to the interfering equipment. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as,without limitation, injunctive relief and specific performance. 12. REMOVAL AT END OF TERM. LESSEE shall, within ninety(90) days after expiration of the Term, or any earlier termination of a Supplement, remove its equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment,conduits,fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. If the time for removal causes LESSEE to remain on the Premises after termination of the Supplement, LESSEE shall pay rent at the then-existing monthly rate, or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the antenna structure, fixtures and all personal property are completed. 13. INTENTIONALLY OMITTED. 14, RIGHTS UPON SALE. If, at any time during the Term of any Supplement, LESSOR decides; (i)to sell or transfer all or any part of the Property or the Poles thereon to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, then any such purchaser or transferee must recognize LESSEE's rights hereunder and under the terms of the affected Supplement(s). 15. QUIET ENJOYMENT AND REPRESENTATIONS. LESSOR covenants that LESSEE, on paying the rent and performing the covenants herein and in a Supplement,shall peaceably and quietly have,hold and enjoy the Premises. LESSOR represents and warrants to LESSEE as of the execution date of each Supplement,and covenants during the Term,that LESSOR is seized of good and sufficient title and interest to the Property, and has full authority to enter into and execute the Supplement. LESSOR further covenants during the Term that there are no liens,judgments or impediments of title on the Property, or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions that prevent or adversely affect the use or occupancy of the Premises by LESSEE as provided in this Agreement and in the applicable Supplement(s). 16. ASSIGNMENT. This Agreement and each Supplement under it may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESSEE's principal,affiliates, subsidiaries of its principal, or to any entity which acquires all or substantially all of LESSEE's assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization ("LESSEE Affiliate"). As to other parties,this Agreement and each Supplement may not be sold, assigned or transferred without the written consent of the LESSOR, which consent will not be b Page 118 of 211 unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. 17. NOTICES. All notices hereunder must be in writing and are validly given if sent by certified mail, return receipt requested or by commercial courier,provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender,addressed as follows(or to any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Waterloo, Iowa Attn: City Engineer 715 Mulberry Street Waterloo, IA 50703 LESSEE: Southwestco Wireless, Inc. d/b/a Verizon Wireless Attention: Network Real Estate 180 Washington Valley Road Bedminster, New Jersey 07921 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 18. RECORDING. LESSOR agrees to execute a Memorandum of each Supplement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rental payments. 19. DEFAULT. If there is a breach by a Party with respect to any of the provisions of this Agreement, or under the provisions of an individual Supplement, the non-breaching Party shall give the breaching Party written notice of that breach. After receipt of the written notice, the breaching Party shall have thirty (30) days in which to cure the breach, provided the breaching Party shall have such extended period as may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion, but in no event more than ninety(90)calendar days after receipt of written notice. The non- breaching Party may not maintain any action or effect any remedies for default against the breaching Party unless and until the breaching Party has failed to cure the breach within the time periods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement,or under an Individual Supplement, if LESSOR fails,within five (5)days after receipt of written notice of such breach, to perform an obligation required to be performed by LESSOR, and if the failure to perform that obligation interferes with LESSEE's ability to conduct its business in the Premises; provided, however, that if the nature of LESSOR's obligation is such that more than five (5) days after notice is reasonably required for its performance, then it shall not be a default under this Agreement or the applicable Supplement if performance is commenced within such five (5) day period and thereafter diligently pursued to completion, but in no event more than fifteen (15) calendar days after receipt of 7 Page 119 of 211 written notice. LESSOR and LESSEE agree that a default under an individual Supplement does not constitute a default under this Agreement 20. REMEDIES. In the event of a default by either Party with respect to a material provision of this Agreement,without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of that default, the non-defaulting Party may terminate the applicable Supplement and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the state in which the Premises are located. Further, upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. If LESSEE undertakes any such performance on LESSOR's behalf and LESSOR does not pay LESSEE the full undisputed amount within thirty(30)days of its receipt of an invoice setting forth the amount due, LESSEE may offset the full undisputed amount due against all fees due and awing to LESSOR under the applicable Supplement until the full undisputed amount is fully reimbursed to LESSEE. 21. ENVIRONMENTAL. LESSEE shall conduct its business in compliance with all applicable laws governing the protection of the environment or employee health and safety ("EH&S Laws"). LESSEE shall indemnify and hold harmless LESSOR from claims to the extent resulting from LESSEE's violation of any applicable EH&S Laws or to the extent that LESSEE causes a release of any regulated substance to the environment. To the extent permitted by applicable law, LESSOR shall indemnify and hold harmless LESSEE from all claims resulting from the violation of any applicable EH&S Laws ora release of any regulated substance to the environment except to the extent resulting from the activities of LESSEE or its agents. The Parties recognize that LESSEE is only licensing a small portion of LESSOR's property and that LESSEE shall not be responsible for any environmental condition or issue except to the extent resulting from specific activities and responsibilities of LESSEE or its agents. In the event that LESSEE encounters any hazardous substances that do not result from its activities, LESSEE may relocate its facilities to avoid such hazardous substances to a mutually agreeable location or, if LESSEE desires to remove at its own cost all or some the hazardous substances or materials(such as soil)containing those hazardous substances, LESSOR agrees to sign any necessary waste manifest associated with the removal,transportation and/or disposal of such substances. 22. CASUALTY. 1n the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Property is damaged by fire or ether casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than forty-five(45)days,then LESSEE may,at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate the Supplement upon fifteen (15) days prior written notice to LESSOR. Any such notice of termination shall cause the Supplement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of the Supplement and the Parties shall make an appropriate adjustment, as of such termination date,with respect to payments due to the other under the Supplement. Notwithstanding the foregoing, 8 Page 120 of 211 the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE's use of the Premises is impaired. 23. APPLICABLE LAWS. During the Term, LESSOR shall maintain the Property and the Poles in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, laws regulating hazardous substances) (collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and at LESSEE's sole cost and expense, comply with: (a) all Laws relating solely to LESSEE's specific and unique nature of use of the Premises; and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. It shall be LESSOR's obligation to comply with all Laws relating to the Property and Poles in general, without regard to specific use (including, without limitation, modifications required to enable LESSEE to obtain all necessary building permits). 24. AUTHORIZED ENTITIES, This Agreement is entered into by the Parties each on its own behalf and for the benefit of: (i) any entity in which the Party directly or indirectly holds an equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party; or (iii) any entity directly or indirectly under common control with the Party. Each Party and each of the entities described above are referred to herein as an "Authorized Entity". No obligation is incurred or liability accepted by any Authorized Entity until that Authorized Entity enters into a site specific Supplement. Only the Party and the Authorized Entity executing a Supplement are responsible for the obligations and liabilities related thereto arising under that Supplement and this Agreement. All communications and invoices relating to a Supplement must be directed to the Authorized Entity signing the Supplement. A default by any Authorized Entity will not constitute or serve as a basis for a default by any other Authorized Entity not a party to the applicable Supplement. 25. MISCELLANEOUS. This Agreement and the Supplements that may be executed from time to time hereunder contain all agreements, promises and understandings between the LESSOR and the LESSEE regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the LESSOR or the LESSEE in any dispute, controversy or proceeding. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and bind the heirs,personal representatives,successors and assigns hereto. The failure of either party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights and such party shall have the right to enforce such rights at any time. The performance of this Agreement via each Supplement shall be governed, interpreted,construed and regulated by the laws of the state in which the Premises is located without reference to its choice of law rules. 26. INTENTIONALLY OMITTED. 27. STRUCTURE RECONDITIONING, REPAIR, REPLACEMENT. a. From time to time, LESSOR paints, reconditions, or otherwise improves or repairs the Poles in a substantial way ("Reconditioning Work"). LESSOR shall reasonably cooperate with LESSEE to carry out Reconditioning Work activities in a manner that minimizes interference with LESSEE's approved use of the Premises. 9 Page 121 of 211 b. Prior to commencing Reconditioning Work, LESSOR shall provide LESSEE with not less than sixty(60)days prior written notice. Upon receiving that notice, it shall be LESSEE's sole responsibility to provide adequate measures to cover or otherwise protect LESSEE's equipment from the consequences of the Reconditioning Work, including but not limited to paint and debris fallout. LESSOR reserves the right to require LESSEE to remove all of LESSEE's equipment from the Poles and Premises during Reconditioning Work, provided the requirement to remove LESSEE's equipment is contained in the written notice required by this Section. C. During LESSOR's Reconditioning Work, LESSEE may maintain a temporary communications facility on the Property, or after approval by LESSOR, on any land owned or controlled by LESSOR in the vicinity of the Property. If the Property will not accommodate LESSEE's temporary communications facility, or if the Parties cannot agree on a temporary location, the LESSEE, at its sole option, shall have the right to terminate the applicable Supplement upon thirty (30) days written notice to LESSOR. d. LESSEE may request a modification of LESSOR's procedures for carrying out Reconditioning Work in order to reduce the interference with LESSEE's use of the Premises. If LESSOR agrees to the modification, LESSEE shall be responsible for all reasonable incremental cost related to the modification. e. If the Poles need to be replaced ("Replacement Work"), LESSOR shall provide LESSEE with at least sixty(60)days'written notice to remove its equipment. LESSOR shall also promptly notify LESSEE when the Poles have been replaced and LESSEE may re-install its equipment. During LESSOR's Replacement Work, LESSEE may maintain a temporary communications facility on the Property, or after approval by LESSOR, on any land owned or controlled by LESSOR in the vicinity of the Property. If the Property will not accommodate LESSEE's temporary communications facility or if the Parties cannot agree on a temporary location, the LESSEE, at its sole option, shall have the right to terminate the applicable Supplement upon thirty(30) days written notice to LESSOR. f. If the Poles need to be repaired due to storm or other damage ("Repair Work"), LESSOR shall notify LESSEE to remove its equipment as soon as possible. In the event of an emergency, LESSOR shall contact LESSEE by telephone at LESSEE's Network Operations Center [at (800) 224-6620/(800) 621- 2622] prior to removing LESSEE's Equipment. Once the Poles have been replaced or repaired, LESSOR will promptly notify LESSEE it can reinstall its equipment. During LESSOR's Repair Work, LESSEE may maintain a temporary communications facility on the Property, or after approval by LESSOR, on any land owned or controlled by LESSOR in the vicinity of the Property. If the Property will not accommodate LESSEE's temporary communications facility,or if the Parties cannot agree on a temporary location,or if the Pole(s) cannot be repaired or replaced within thirty (30) days, LESSEE, at its sole discretion, shall have the right to terminate the applicable Supplement upon thirty (30) days written notice to LESSOR. However, at LESSEE's sole option,within thirty(30)days after the casualty damage, LESSOR must provide LESSEE with a replacement Supplement to lease space at a new location upon which the Parties mutually agree. The monthly rental payable under the new replacement Supplement will not be greater than the monthly rental payable under the terminated Supplement. The new replacement Supplement shall have an initial term of five (5)years, and shall have extension terms as provided in Paragraph 5 of this Agreement. [Balance of page intentionally left blank] 10 Page 122 of 211 IN WITNESS WHEREOF,the Parties have executed this Master Lease Agreement effective the day and year first above written. LESSOR: City of Waterloo, Iowa By: WITNESS Name: C Its: Date: LESSEE: Southwestco Wireless, Inc. cl/b�/aerizVon Wireless Name: James R. Martin WITNESS Its: Director-Network Field Engineering Date: 11 Page 123 of 211 EXHIBIT A LEASE SUPPLEMENT This Lease Supplement ("Supplement"), is made this day of 20_ between whose principal place of business is <Address>, City, State, ("Lessor"), and d/b/a Verizon Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). 1. Master Lease Agreement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between and , dated , 201 , (the "Agreement"). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to Lessee certain spaces on and within Lessor's Property located at<INSERTSITE ADDRESS>, including, without limitation, approximately ( )square feet of Equipment Space, and Antenna Space on the Poles. The Equipment Space, Antenna Space and Cabling Space are as shown on Exhibit 1, attached hereto and made a part hereof. 3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in the Agreement[add if applicable: provided, however,that the Term of this Supplement shall be subject to the term of the Ground Lease[or Easement] (as hereinafter defined).]. 4. Consideration. Rent under this Supplement shall be per year, payable to at . In consideration for electrical service, shall be added to the annual rent due under this Supplement as additional rent.] 5. Easement. The parties acknowledge that Lessor's rights in the Site derive from a certain agreement dated between Lessor and ("Land Owner"), hereinafter referred to as "Easement", and attached to this Supplement as Exhibit 2, This Supplement shall not be effective until Lessee has approved the Easement,and Lessee shall be under no obligation to proceed under this Supplement unless and until the form of the Easement is acceptable to Lessee. By its signature below, Lessee has reviewed and approved of the Easement. [6. [if applicable]Consent. The consent of the Land Owner to this Supplement[check as applicable]: _is NOTrequired; is required and the executed Land Owner's Consent is attached to this Supplement as Exhibit 3.] 7. Site Specific Terms. (Include any site-specific terms) 12 Page 124 of 211 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this Supplement effective the day and year first above written. LESSOR: <ENTITY NAME> By: WITNESS Name: Title: Date: WITNESS LESSEE <VERIZON WIRELESS ENTITY> By: WITNESS Name: Title: Date: WITNESS I3 Page 125 of 211 EXHIBIT 1 Site Plan of Premises 14 Page 126 of 211 EXHIBIT 2 Easement [if applicable] 15 Page 127 of 211 EXHIBIT 3 Landowner's Consent [if applicable] 16 Page 128 of 211 SITE NAME: WAT SUNNYSIDE SC1 SITE NUMBER:201614236421418861 ATTYIDATE:GJ LEASE SUPPLEMENT This Lease Supplement ("Supplement"), is made this day of 20_ between the City of Waterloo, Iowa, with its principal office located at 715 Mulberry Street, Waterloo, Iowa 50703 ("Lessor"), and SouthwestCO Wireless, Inc. d/b/a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). Lessor and Lessee are at times collectively referred to hereinafter as the"Parties" or individually as the "Party." 1, Master Lease Agreement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between Lessor and Lessee dated , 2018, (the "Agreement"), All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to Lessee certain space on and within Lessor's Property located at 4013 Shoppers Blvd, Waterloo, Iowa 50701, including, without limitation, Equipment Space, Antenna Space, and Cabling Space on Lessor's Pole. The location of the Pole, Equipment Space and Antenna Space are as shown on Exhibit 1, attached hereto and made a part hereof. 3. Term.The Commencement Date and the Term of this Supplement shall be as set forth in Section 3 of the Agreement. 4. Consideration. Rent under this Supplement shall be $30.00 per year, payable to Lessor at the address set forth in Section 17 of the Agreement. 5. Site Specific Terms. The Parties acknowledge that a new utility pole, which upon installation shall be considered a "Pole" as defined in the Agreement, must be installed in the approximate location and as generally described in Exhibit 1 in order to accommodate the Lessee equipment at the Premises. The Parties agree that Lessee shall acquire and install the new Pole at Lessee's expense. The Pole shall be of mutually agreeable style, size and quality, with Party approval to not be unreasonably withheld, conditioned or delayed. As part of Lessee's installation of the Pole, Lessee shall coordinate the addition of electrical services for use by Lessee at the Pole site. Upon completion of the installation of the Pole, Lessee shall be permitted to install its equipment upon the Pole and within the Premises at Lessee's expense. Upon installation of the Pole, Lessor shall own and maintain the Pole in accordance with applicable law and terms of the Agreement.At the request of either Party,the Parties shall execute a Bill of Sale memorializing the transfer of ownership of the Pale to Lessor in the form attached as Exhibit 2. However, Lessee shall maintain its equipment and utility connections to the site at its expense. [Signatures appear on following page] Page 129 of 211 IN WITNESS WHEREOF,the lessor and the Lessee have executed this Supplement effective the day and year first above written. f � LESSOR: City of Waterloo, Iowa By: WITNESS Name: Title: Date: WITNESS SEE: outhwestco Wireless, Inc.d/b/a Verizon Wireless By: WITNESS Name: Title: Date: WITNESS z Page 130 of 211 EXHIBIT 1 Site Plan of Premises (See attached Site Plan) 3 Page 131 of 211 5 � PUBLIC RlGHf OF WAY UNE 9 r 1d1� .Tr r � 1 I vi n. I ' s s r ' x y ,27� i a s i��r•� s 7 xy "T 'r ate"{�"��,�, �v '" �.. s °� "` lr ✓;,� cf EXISTING £XISIING TREE s 'POWER NAND HCLE/PULL BOX \ LESSOR REPLACEAIENF POLE s p \ 40 F18ER WNb HOLE/pUYI BD% - � -yr � ✓""� ��y 3 �.,� t ✓ v'{ �,. y.a"' �''r"'ri,,;fir„ n r Y a � � z�a x,y.,�i .fir i� x'�' �✓' �v' �""-�,-'�„ ,� �" ys x ,-" �"'<. .%-" r,5 is i r ,^ `a .cess' r.�',r f x. ✓r "¢ rs �. _ ��S .5 �;rr y r � f. "ra. .� �tiri �..��� �, ����� �`t�.r,wz.' ✓ � "'�, v„,'�-' x re r'"'T r r z , i�r � 3"�,r ✓ �,^:;•'",�„ r- � ,p- A� ,k, r r y r' � >z� ,�. G✓ ,ter x - v ry ,x,�� s .� -� �ari � �'� ..� r i �.,`'�' ',�, ✓ ✓ � r v",r �i r'+'�.'k'...� ��'^ f�r s-,�.rX a ✓ �1 .� s- .� :� r j 5 r '3'"x x �r � /l J y3A �✓�� 6 kyr ° r �_��i1�aL1\ �f11}� � � �? ',.,� ;y� y��yl?�f7.S x Page 132 of 211 OL TOP OF LIGHT HEIGHT 30.3' AGL OL TOP OF POLE HEIGHT 27.0' AGL ; OL APPROXIMATE ANTENNA SPACE CENTERLINE 27.0' AGL I ` LIGHT ARM LESSEE ANTENNA SPACE -------- OL APPROXIMATE EQUIPMENT SPACE CENTERLINE I I 21.7' AGL i i LESSEE EQUIPMENT SPACE i LESSEE REPLACEMENT POLE i' HANDHOLE 0 OL GROUND ELEVATION 0.0' AGL 4 WAT SUNNYSIDE SC1 Page 133 of 211 EXHIBIT z Bill of Sale (See attached Bill of Sale) I j i j M, 6 Page 134 of 211 w QUITCLAIM BILL OF SALE FOR VALUABLE CONSIDERATION, Southwestco Wireless, Inc. d/b/a Verizon Wireless, Seller, sells and conveys to the City of Waterloo, Iowa, Buyer, the following personal property: one (1) light pole and light fixtures affixed thereto (the "Personal Property) located at 4013 Shoppers Blvd, Waterloo, Iowa 50701.The Personal Property is further depicted on Exhibit A,attached hereto and made a part hereof. SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PERSONAL PROPERTY OR ITS MERCANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. BY ITS ACCEPTANCE OF THIS QUITCLAIM BILL OF SALE, BUYER ACKNOWLEDGES THAT IT HAS FULLY INSPECTED THE PERSONAL PROPERTY AND BUYER ACCEPTS THE SAME "WHERE IS" AND IN ITS PRESENT USED AND "AS IS" CONDITION, This Quit Claim Bill of Sale merely conveys to Buyer all right, title and interest, if any, of Seller in the Personal Property, but this shall not convey any of the communications equipment or appurtenances of Seller that are installed,attached, mounted or otherwise connected to the Personal Property. By its acceptance of this Quit Claim Bill of Sale, Buyer hereby assumes the full risk of any injuries, damages or loss related to the Personal Property except to the extent such liability is caused by Seller's gross negligence or intentional or willful acts and except for third-party injuries, damages or losses occurring prior to the execution of this Quit Claim Bill of Sale. Buyer hereby indemnifies and agrees to hold Seller harmless and forever releases, relieves, discharges and covenants not to sue Seller for any and all claims, liabilities, demands, costs and expenses (including attorney's fees), actions, proceedings, causes of action of any kind, known or unknown, claimed or concealed, based on any theory whatsoever, including claims arising out of Seller's negligence and except to the extent any claim is caused by Seller's gross negligence or intentional willful acts, which Buyer or any third party has, ever had, or ever claims to have ever had or may have against Seller, which are related to the Personal Property conveyed hereunder and except for third-party injuries, damages or losses occurring prior to the execution of this Quit Claim Bill of Sale. This Quit Claim Bill of Sale contains the entire agreement and representations of the parties related to the sale of the Personal Property, may not be altered except by a written instrument signed by both parties,and shall be construed in accordance with the laws of Iowa. Southwestco Wireless, Inc. d/b/a Verizon Wireless Date: By: Name: Its: 6 Page 135 of 211 Exhibit A Personal Property (see attached drawing) i Page 136 of 211 9 �PUeuc RIGHT OF wl1Y UNE J n _ sx� 3 r r v p f EX35T1NG - TREES \ EXISTING \ TREE ' �POWE#!HAND HOEEfNUIL BOXj y r (LESSOR REPIACEIAE'NT POiE � \�\ � / d im^' a^ �.y r, Y�'•`" r.^U„-'rod ✓-� ~E � i a ^ r r ' z ./s' s- �' 7 rm ,^zr "' r' s v ',':>«""✓ :r rJ ',- nr.�'. a � �s � '�, xr � � r-r �"'i �v�""`''; ^�,�•�' _��r / �",,�,. �.a.,�nc'r F `"r "3�" 'r .,-/� x '� �_ � t � „ysr �x� :'-'". �/Cp pip }gyp M rr, .� '. - ..:/,y � :: a.-M. r x j �^ �, r�s,,,^'?`r .✓r t r�, � r r �i a r ,'x �' � �:^, z � ,�' %,Z�3'f,„war...• -- 3 z 4 :.�.. �1111AT SUN�UYSIQ��C��I Page 137 of 211 OIL TOP OF LIGHT HEIGHT 30.3' AOL OIL TOP OF POLE HEIGHT 27.0' AGL ; OL APPROXIMATE ANTENNA SPACE CENTERLINE 27.0' AGL ` LIGHT ARM LESSEE ANTENNA SPACE F ----I OIL APPROXIMATE EQUIPMENT SPACE CENTERLINE I 21.7' AGL ` LESSEE EQUIPMENT SPACE LESSEE REPLACEMENT POLE HANDHOLE 0 OL t GROUND ELEVATION 0.0' AGL s 4 WAT SUNNYSIDE SC1 Page 138 of 211 I SITE NAME: WAT SUNNYSIDE SC8 SITE NUMBER:201614239501418906 ATTYIDATE:GJ LEASE SUPPLEMENT This Lease Supplement("Supplement"), is made this day of 20_between the City of Waterloo, Iowa, with its principal office located at 715 Mulberry Street, Waterloo, Iowa 50703 ("Lessor"),and Southwestco Wireless, Inc.d/b/a Verizon Wireless,with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 ("Lessee"). Lessor and Lessee are at times collectively referred to hereinafter as the "Parties"or individually as the"Party." 1. Master Lease Agreement. This Supplement is a Supplement as referenced in that certain Master Lease Agreement between Lessor and Lessee dated , 2018, (the"Agreement"), All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Premises. Lessor hereby leases to lessee certain space on and within Lessor's Property located at 201 Tower Park Dr, Waterloo, Iowa 50701, including, without limitation, Equipment Space, Antenna Space,and Cabling Space on lessor's Pole, The location of the Pole, Equipment Space and Antenna Space are as shown on Exhibit 1,attached hereto and made a part hereof. 3. Term.The Commencement Date and the Term of this Supplement shall be as set forth in Section 3 of the Agreement. 4. Consideration. Rent under this Supplement shall be $30.00 per year, payable to Lessor at the address set forth in Section 17 of the Agreement. 5. Site Specific Terms. The Parties acknowledge that a new utility pole,which upon installation shall be considered a"Pole"as defined in the Agreement, must be installed in the approximate location and as generally described in Exhibit 1 in order to accommodate the Lessee equipment at the Premises. The Parties agree that Lessee shall acquire and install the new Pole at Lessee's expense. The Pole shall be of mutually agreeable style, size and quality, with Party approval to not be unreasonably withheld, conditioned or delayed. As part of Lessee's installation of the Pole, Lessee shall coordinate the addition of electrical services for use by Lessee at the Pole site. Upon completion of the installation of the Pole, Lessee shall be permitted to install its equipment upon the Pole and within the Premises at Lessee's expense. Upon installation of the Pole, lessor shall own and maintain the Pale in accordance with applicable law and terms of the Agreement.At the request of either Party,the Parties shall execute a Sill of Sale memorializing the transfer of ownership of the Pole to Lessor in the form attached as Exhibit 2. However, Lessee shall maintain its equipment and utility connections to the site at its expense. [Signatures appear on following page] Page 139 of 211 IN WITNESS WHEREOF,the Lessor and the Lessee have executed this Supplement effective the day and year first above written. LESSOR: City of Waterloo,Iowa By: WITNESS Name: Title: Crate: WITNESS LESSEE: Southwestco Wireless,Inc,d/b/a Verizon Wireless By: WITNESS Name: Title: Date: WITNESS z i Page 140 of 211 EXHIBIT 1 Site Plan of Premises (See attached Site Plan) 3 Page 141 of 211 ? l l"ryh rC. .;✓ ,.� �r-.zT ✓ �s e c ✓ PUBEIO RM OF WAY IJNE I f r wr J x I C h :r ✓ _J A � O � EXISTING TREE a r y M 7 ZV y a > FIBER HAND NOIE/PUl1 BOR �s , s . I '�Y �„ S .,art � � � ➢_ ,�, Y .Y- POWER HNJD LESSOR RFPIACEAIENT POLEp sy ���/�y X11 pay � � -. 2 �✓ K' . i INFO/iU L Box sr "` r� ..✓ �„ ''� '� a rrr a�T-� � w�i^�fv.� A�M r-�' r�' ' r a � �. s n z ` 4 r '�,�"''�, � �;�,� i: ,..^��. :r �''➢rz r.,r�s� s.., F r f � �.,,,/�, Y � ..,^ ��' ,, � r r._ ^� x w r sy !:�- 'x '� y* ��s t ',a ✓,Y v :: r's' �l-,r'., y %�Vc., "� �ppo'11kGpti���#Vytaa Pppuf�tK 34 - ` l '�✓ ..,jam ',�:� s�7 J .d y* -EXISTINGar �� W r`y air ar } i✓ ', t r'�.r a ^^srf ;�. Zvi✓ ' ''v "' r✓` - .:� �"--w,,� t �.s� �z. ",� IAWdHOLE Emg'i qx,.��1� r '� .✓' -,� >r �'r- ✓ �j ac 3""��.,�'��^���fir,>?a .;s...,rC .a'k �N"� «3 �—' � ,y /- 3 '.�, S 3 �' r, . k s.��� �T>'._ �y„.no "' _^-a y ��s f r ",�,��.�-'s�N? 's— �.^�,. � ,r�, "�;' ;;?.r^r'� .�3,.Y r'� s r' � c r � �' a '� ➢ WAT„:SUNNYS�QE SC8 Page 142 of 211 TOP OF POLE HEIGHT 35.2' AGL LIGHT ARM TOP OF LIGHT HEIGHT 35.1' AGL APPROXIMATE ANTENNA SPACE CENTERLINE I I 27.0' AGL LESSEE ANTENNA SPACE-----�"�� I� APPROXIMATE EQUIPMENT SPACE CENTERLINE I 21.7' AGL I I LESSEE EQUIPMENT SPACE LESSEE REPLACEMENT POLE HANDHOLE OL GROUND ELEVATION 0.0' AGL WAT SUNNYSIDE SC8 Page 143 of 211 EXHIBIT 2 Bill of Sale (See attached Bill of Sale) s Page 144 of 211 QUITCLAIM BILL OF SALE FOR VALUABLE CONSIDERATION, Southwestco Wireless, Inc. d/b/a Verizon Wireless, Seller, sells and conveys to the City of Waterloo, Iowa, Buyer,the following personal property: one (1)light pole and light fixtures affixed thereto(the"Personal Property)located at 201 Tower Park Dr,Waterloo,Iowa 50701.The Personal Property is further depicted on Exhibit A, attached hereto and made a part hereof. SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE PERSONAL PROPERTY OR ITS MERCANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. BY ITS ACCEPTANCE OF THIS QUITCLAIM BILL OF SALE, BUYER ACKNOWLEDGES THAT IT HAS FULLY INSPECTED THE PERSONAL PROPERTY AND BUYER ACCEPTS THE SAME "WHERE IS" AND IN ITS PRESENT USED AND "AS IS" CONDITION. This Quit Claim Bill of Sale merely conveys to Buyer all right, title and interest, if any, of Seller in the Personal Property, but this shall not convey any of the communications equipment or appurtenances of Seller that are installed,attached, mounted or otherwise connected to the Personal Property. By its acceptance of this Quit Claim Bill of Sale, Buyer hereby assumes the full risk of any injuries,damages or loss related to the Personal Property except to the extent such liability is caused by Seller's gross negligence or intentional or willful acts and except for third-party injuries, damages or losses occurring prior to the execution of this Quit Claim Bill of Sale. Buyer hereby indemnifies and agrees to hold Seller harmless and forever releases, relieves,discharges and covenants not to sue Seller for any and all claims, liabilities,demands,costs and expenses(including attorney's fees),actions,proceedings,causes of action of any kind, known or unknown,claimed or concealed, based on any theory whatsoever, including claims arising out of Seller's negligence and except to the extent any claim is caused by Seller's gross negligence or intentional willful acts,which Buyer or any third party has,ever had,or ever claims to have ever had or may have against Seller, which are related to the Personal Property conveyed hereunder and except for third-party injuries,damages or losses occurring prior to the execution of this Quit Claim Bill of Sale. This Quit Claim Bill of Sale contains the entire agreement and representations of the parties related to the sale of the Personal Property, may not be altered except by a written instrument signed by both parties, and shall be construed in accordance with the laws of Iowa. Southwestco Wireless, Inc. d/b/a Verizon Wireless Date: By: Name: Its: Page 145 of 211 Exhibit A Personal Property (see attached drawing) i Page 146 of 211 r f. +✓ - lfv. tel.�fN x ....... ... PUBLIC RICHT OF WAY UNE 1 i r r 1 4r / I y s r / 1 t d r F EXISTING TREE r r r q � r � ' K � r 2 FIBER HAND HOLE/PVU BOX l Y ✓ POWER HANG ��� �LESSOR REPLACELiEHi POLE HOLE/PULL BOX yr r"5 G r '4 Y✓ Y,� 7'f- ,I' ykT l' N x—�%r� vi r -, a � , ✓ / ✓ r a,y� / T.xfFy��l �f Y 3t.rs s,.„.,�'�� �� *ti a� �, . � s�✓r ti / � ��st,�✓X,Y.r y� ,��r�,r'". .��,xr•E��� Q�� '�� „� � � � r m r ✓ �'x�/ *. y � rf x� �� � � �`� �r /,a�v ��`w^-r,� ,s -*^�,ice � ,��,y"-^+: ,.F >r��* ,` 'M �-7 > �6r y � EXISTING ,. r' .a :, "� -- � "' .4 ;;✓ � s '-s��=, r�31�WJVHOLE�' '� ^' .,�. �✓ r � Mg M. Okl � f � f r Y } Page 147 of 211 TOP OF POLE HEIGHT 35.2' AGL LIGHT ARM TOP OF LIGHT HEIGHT 35.1' AGL APPROXIMATE ANTENNA SPACE CENTERLINE I 27.0' AGL LESSEE ANTENNA SPACE ------- APPROXIMATE EQUIPMENT SPACE CENTERLINE I I 21.7' AGL LESSEE EQUIPMENT SPACE LESSEE REPLACEMENT POLE HANDHQLE OL GROUND ELEVATION 0.0' AGL WAT SUNNYSIDE SC8 Page 148 of 211 CITY OF WATERLOO Council Communication Motion approving recommendation of appointment of Eric Kramer from the civil service list to the position of Community Development Intake Specialist effective June 5, 2018. City Council Meeting: 6/4/2018 Prepared: 5/22/2018 REVIEWERS: Department Reviewer Action Date (.."o mmnmm:aiti4y Development Mies, Rktdy Approved 5/22/2018 018 .... -�9 P (' erk Office t i ig,[)y, 1" a w.,,,y Approved 5/29/2018 5;55 P ATTACHMENTS: Description Type Ntake. Specialist Jo) deseriptiori Covet Menlo Motion approving recommendation of appointment of Eric Kramer from the SUBJECT: civil service list to the position of Community Development Intake Specialist effective June 5, 2018. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval Summary Statement: This position is made possible by a three-year Lead Hazard Control Grant which will expire at the end of expenditure of funds. Expenditure Required: $17.55 per hour with increase to $18.00 per hour after the six month probation period. Source of Funds: Lead Hazard Control Grant Page 149 of 211 Submit resume by going to description and following directions to submit cover aa,ca�iui ,cliclting an slob Vacancl:ts, revi�•wing the Intake Specialist letter and resume. We will not accept mailed, faxed, hand-delivered or A on N resume dire tl e mimes. Deadline to submit me is Noon Friday,day, ffil ld 2018. �,��.�rmrrrno ,rva oa .� CIVIL SERVICE NOTICE CITY OF WATERLOO,IOWA OPEN EXAMINATION INTAKE SPECIALIST This position is made possible by a three-yearLead Hazard Control Grant and will expire at the end of expenditure of ,�.,m� u� Naon....x,xmxffunds„ DEPARTMEN T COMMUNITY PLANNING &DEVELOPMENT SALARY $17.55/hr with increase to$18.00/hr after 6 month probation pending satisfactory performance FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON-BARGAINING GENERAL STATEMENT OF DUTIES leer ibrals colrq)l kx��ol(k eel°mg and se retari�fl/receptioni i al lies for Community Development. The work is performed under the general direction el flue C''ommumta. Development Director or designee, but considerable leeway is granted for the exercise o fiiudependentju dgme�mi and initiative EXAMPLES OF ESSENTIAL FUNCTIONS using the applicable software including Microsoft (Illustrative Only) Word and Excel and One Roof; operato.s calculator These functions are considered essential for successful and other office equipment. performance in this job classification. 8 Works independently and with others with L Types forms, reports and routine correspondence minimum supervision. required as part of application process for Community Developinent assist riee, sends variety 9. Attends work regularly at the designated place and of letters and notices to applicants requesting time. assistance; keeps applicant files u.,up•lo date. M Performs all work duties and activities in 2. Performs initial data entry on applicants, updates accordance with City policies,procedures and City, and maintains electronic and paper applicant files OSHA. and Community, Planning & Development including making appropriate entries into the safety rules and regulations. applicant database or other databases. 11. Performs all other related duties as assigned. 3, Maintains weekly application system to keep track of due dates for documentation from applicants and REQUIRED KNOWLEDGE &ABILITIES keeps"One Roof'software database up-to-date. 1. Ability to present materials and information in good report form, complete forms and perform 4. Assists applicants with paperwork, explains required record keeping. process and answers questions. Skilled in use of personal computer and knowledge 5. Participates in training and team meetings, staff of related software applications including meetings, staff training and participates in Microsoft Word, Excel and Outlook with ability to development of positive team relationships. enter and retrieve information on a computer, develop computer-generated reports and update 6. Assists in answering incoming department records. telephone and provides information based on knowledge of department policies, regulations and 1 Ability to read, interpret and follow Federal procedures or directs questions to proper staff regulations regarding government-subsidized person. programs. '. Compiles data, prepares reports, performs data 4, Ability to work independently with minimum entry and completes farms on personal computer supervision. Page 150 of 211 5. Ability to work with frequent deadlines with 3 Sufficient vision that permits the employee to attention to detail and complete tasks and operate a personal computer, review documents, documentation in a timely manner. records, files, government rules, regulations and perform other administrative responsibilities. 6, Ability to think logically in following instructions and procedures; ability to keep files and reports MISCELLANEOUS organized and up-to-date. I. The City of Waterloo will conduct a background investigation including employment, education and T Ability to communicate effectively orally and in criminal history checks on any applicant being writing, present facts and findings, give directions considered for this position. to and respond to questions from the public, coworkers and clients tactfully and in a clear, 2, Following a conditional offer of employment, the concise and easily understandable manner. City of Waterloo reserves the right to require a physical examination, including a drug test, by a S, Ability to maintain effective working relationships physician of the City's choice to determine if an with other City employees, supervisors, clients and applicant is capable of performing the essential the public. functions of the position. 9, Ability to keep accurate and thorough records. 3 Must submit to and pass Civil Service examination procedures including an oral interview. 10. Ability to function with independent judgment and skills to plan, organize and implement the goals WORK SCHEDULE and objectives of the Community Development Generally 8:00 a.m. to 5:00 p.m. Monday through Friday Department. with a one hour unpaid lunch. Very limited overtime. IL v Ability to work with people from a broad variety of EXAMINATION INFORMATION social, economic, racial, ethnic, cultural and Qualified applicants who apply by the deadline date will be educational backgrounds. required to appear before an oral examination panel consisting of a minimum of three people who have expertise A t fill'tA:l3L E.XI,IERIE-NCE liICAINING in the areas being tested. An individual must receive a I -� Associate's Degree in accounting or other business minimum average score of sixty points out of one hundred. related field with minimum of three years to achieve a passing score on the oral examination. The top experience as an accounting clerk or bookkeeper. applicants, as ranked by their scores on the oral examination OR will be the individuals placed on the certified list. Any equivalent combination of experience and Applicants who qualify as outlined and are full time regular training that provides the knowledge, skills and employees of the City of Waterloo shall have one additional abilities necessary to perform the essential point per full year of employment up to a maximum of five functions of the position. points added to their final score. Honorably discharged men and women from the military or naval forces of the United 1 Skilled in use of personal computer and other States who qualify per provisions of Chapter 35 of the Code office equipment with knowledge of Microsoft of Iowa and who are citizens and residents of the United Ward and Excel. States shall have five additional points added to their final score upon submission of their DD214 or ten points added if Strong written and oral communication skills, they were awarded a Purple Heart or have a service connected disability. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or ORAL EXAMINATION DATE without accommodation. Qualified applicants who apply by the deadline date will be notified of the time,place and date of the examination. I rt Sufficient speech and hearing that permits the employee to respond to questions from clients, A.A./E.E.O. coworkers and government agency representatives Minority,female& disabled individuals are in person or on the telephone. encouraged to apply. 2, Sufficient personal mobility that pen-nits the employee to safely move about a multi-level office and access reports, records and files and travel to needed training or work sites. INTAKE SPECIALIST DESCRIPTION 18 March 2018 Page 151 of 211 CITY OF WATERLOO Council Communication Motion to approve Application for Fireworks Display for The VGM Group for the VGM Heartland Conference 2018 at Park Avenue Bridge, on Monday, June 18, 2015, at approximately 9:30 p.m. (Approx. 20 minutes). City Council Meeting: 6/4/2018 Prepared: REVIEWERS: Department Reviewer Action Date 1 ut'e R esette 1 dcllfle, K ealey Approved (.')/1/2018 5.50 PM Motion to approve Application for Fireworks Display for The VGM Group SUBJECT: for the VGM Heartland Conference 2018 at Park Avenue Bridge. on Monday, June 18, 2015, at approximately 9:3012.m. (Approx. 20 minutes). Submitted by: Submitted By: Pat Treloar. Chief of Fire Services Page 152 of 211 CITY OF WATERLOO Council Communication Motion approving recommendation of appointment/promotion of Matt Chesmore from the Civil Service list to the position of Senior Rehabilitation Specialist, effective June 5, 2018. City Council Meeting: 6/4/2018 Prepared: 5/22/2018 REVIEWERS: Department Reviewer Action Date (.."o mmnmm:aiti4y Development Mies, Rktdy Approved 5/22/2018 018 .... -�9 PM � ' erk Office l ig,[)y, T�:w.,,,y Approved 5/29/2018 5.53 PM ATTACHMENTS: Description Type Serui(.)r➢�(-,hall-)ifitta iori Speell:mi st Covet Menlo Motion approving recommendation of appointment/promotion of Matt SUBJECT: Chesmore from the Civil Service list to the position of Senior Rehabilitation Specialist, effective June 5; 2018. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval from council The hiring/promotion of Matt Chesmore is necessary for a couple of reasons. First, as a part of the $3 million dollar Lead Hazard Control Grant, HUD requires us to designate a Project Manager as one of the key personnel for grant performance. This role was held by Mark Boesen, who retired recently as the Manager of Rehabilitation Services in our department. Summary Statement: Second, due to budget constraints, we would not be able to replace Mark, but saw an opportunity to promote Matt and give him some limited supervisory responsibilities with the promotion to serve as the Senior Rehab Specialist for our purposes and designate him as the Project Manager for the grant requirement. Expenditure Required: Source of Funds: Community Development Block Grant Lead Hazard Control Grant Page 153 of 211 Any current full time regular City of Waterloo employee who meets the minimum qualifications is eligible to apply. All qualified employees must submit a cover letter and resume detailing education and experience by going to the applicable link you received in an email or that was sent to the department clerical staff. Hand- delivered resumes or resumes sent by email directly to Human Resources will no longer be accepted. Deadline is 5:00 p.m. Monday,April 9, 2018. CITY OF WATERLOO,IOWA CIVIL SERVICE NOTICE PROMOTIONAL EXAM SENIOR REHABILITATION SPECIALIST DEPARTMENT COMMUNITY PLANNING&DEVELOPMENT SALARY $25.25/hr with increase to$26.00 at 6 months pending satisfactory performance FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON-BARGAINING GENERAL STATEMENT OF DUTIES Technical and administrative position responsible for performing a wide range of community development assignments including housing rehabilitation and inspections using Federal, State and private funding sources following Federal and City of Waterloo regulations. The work is performed under the general direction of the Community Development Director or the Community Development Coordinator in his absence, but considerable leeway is granted for the exercise of independent judgment and initiative. This position has limited supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS homeowners in improving and rehabilitating (Illustrative Only) their properties. These functions are considered essential for successful performance in this job classification. 5. Offers technical advice and information on remodeling and rehabilitation techniques. 1. Coordinates activities of the rehabilitation program. 6. Conducts client interviews and inspections to assess property needs including ways to 2. Assists the Community Development address existing lead-based paint hazards. Director in planning, organizing, directing and reviewing work of Community 7. Prepares work write-up reports and cost Development rehabilitation activities. estimates of rehabilitation work. 3. Assists in the revisions of applicable policies 8. Coordinates rehabilitation work with and procedures relating to the Rehabilitation contractors, offering knowledge of Program as needed. construction techniques and methods. 4. Assists low and moderate income 9. Prepares work agreement/contract between Page 154 of 211 the homeowner and contractor. City, OSHA and Community, Planning & Development safety rules and regulations. 10. Conducts follow-up inspection of work completed by contractor as stated in the work 25. Performs all other related duties as assigned agreement/contract. REQUIRED KNOWLEDGE &ABILITIES 11. Maintains individual case files, cross- 1. Knowledge of minimum housing standards referenced files and other reports. and building code regulations. 12. Provides technical information to property 2. Knowledge of financial accounting practices owners about various financial methods as it relates to the expenditure of Federal, available for rehabilitation purposes. State and local funding sources as it relates to project setup. 13. Maintains liaison with financial institutions and government agencies. 3. Knowledge of methods and techniques utilized by private and community 14. Processes pay requests from contractors. organizations concerned with social welfare. 15. Interprets contracts on behalf of property 4. Working knowledge of building construction, owners. remodeling costs and applicable codes and ordinances related to building construction. 16. Prepares financial loan documents. 5. Ability to participate in and discuss problems 17. Prepares and assists in processing with people to arrive at solutions to difficult applications for direct government social and economic problems. rehabilitation grants and loans. 6. Ability to complete required training for lead- 18. Advises members of the public who are based paint certifications within designated seeking information concerning improving time, as determined by the department head. and rehabilitating their home. 7. Ability to present materials and information 19. Assists in educating homeowners about the in good report form, complete forms and dangers of lead and lead-based paint. perform required record keeping. 20. Compiles data, prepares reports, performs 8. Skilled in use of personal computer and data entry and completes forms on personal ability to learn related software applications, computer using the applicable software. enter and retrieve information on a computer, develop computer-generated reports and 21. Operates standard passenger vehicle to update records. perform some essential functions. 9. Ability to read, understand and follow 22. Works independently and with others with Federal regulations regarding government- minimum supervision. financed homeowner rehabilitation and remodeling. 23. Attends work regularly at the designated place and time. 10. Ability to interpret complex municipal housing codes and ordinances and make 24. Performs all work duties and activities in decisions and recommendations regarding accordance with City policies,procedures and rehabilitation and remodeling, following specific guidelines. Page 155 of 211 H. Ability to prepare and review cost estimates. 2. Certification in Housing Quality Standard (HQS), Lead Paint Visual Assessment 12. Ability to communicate effectively orally and Certification, Lead Inspector/Risk Assessor, in writing, present facts and findings, give Iowa Association of Housing Officials advice and recommendations and respond to Inspector Certification (IAHO), or able to questions from the public, public officials, obtain within six months of employment. coworkers, contractors, property owners and government agency representatives tactfully 4. If operating a City vehicle, Iowa Driver's and in a clear, concise and easily License and good driving record based on understandable manner. City of Waterloo driver performance criteria. A candidate with any of the following will not 13. Ability to maintain effective working be considered for employment: loss of relationships with other City employees, license for any reason during the period of supervisors, public officials, other candidacy for employment, if the candidate government agency representatives and the remains without a valid, current license for public. the position when the City issues an offer of employment; loss of license, plea of guilty, 14. Ability to keep accurate and thorough plea of no contest or its equivalent or records. conviction for OWI, reckless driving or other major moving violation within the previous 15. Ability to function with independent five years; four or more citations for moving judgement and skills to plan, organize and violations within the previous three-year implement rehabilitation duties. period, excluding speeding violations of 10 mph or less over the posted speed limit; three 16. Ability to work with people from a broad or more citations for moving violations within variety of social, economic, racial, ethnic and the previous one-year period. After educational backgrounds. appointment to the position, disciplinary action or continuing employment status may ACCEPTABLE EXPERIENCE & TRAINING be reviewed for the following: four or more 1. High school graduate/completion of GED moving violations within the previous three with a minimum of three years progressively years, three or more moving violations within more responsible experience in building the previous one year or loss of license or construction, business, finance, building conviction for OWI, reckless driving or other design and engineering or closely related major moving violation within the previous field five years; two or more at-fault accidents OR within a three-year period while driving on Graduate of an accredited technical school City business; three or more at-fault accidents with a two-year Associate of Applied Science within a three-year period. An applicant's Degree in architectural and construction driving record will be reviewed prior to an technology and a minimum of one year offer of employment and at least annually responsible experience in building after hire. construction, business, finance, building design and engineering or closely related ESSENTIAL PHYSICAL ABILITIES field The following physical abilities are required with or OR without accommodation. Any equivalent combination of education and experience that provides the knowledge, 1. Sufficient speech and hearing that permits the skills and abilities necessary to perform the employee to respond to questions from the essential functions of the position. public, loan institutions, other government agency representatives, contractors, public Page 156 of 211 officials and coworkers in person or on the 4. Must submit to and pass Civil Service telephone. examination procedures including a panel interview. 2. Sufficient personal mobility that permits the employee to safely operate a passenger WORK SCHEDULE vehicle, travel inside and outside in all Generally 8:00 a.m. to 5:00 p.m. Monday through weather, perform inspections on rehabilitated Friday with one hour unpaid lunch. Must also be properties, travel for training and to attend available outside these hours for department or City meetings. activities or meetings that require the attendance of the Senior Rehabilitation Specialist. Occasional out- 3. Sufficient vision that permits the employee to of-town travel. Limited overtime. operate a personal computer and motor vehicle, inspect rehabilitated properties, ORAL EXAMINATION review plans on rehabilitation sites, review Qualified applicants will be required to appear before records, files, government rules, regulations an oral examination panel consisting of a minimum and documents, and perform other of three people who have expertise in the areas being administrative and technical duties. tested. An applicant must receive a minimum average score of 60 points out of 100 to achieve a MISCELLANEOUS passing score on the oral examination. The top 1. The City of Waterloo will conduct a applicants, as ranked by their scores will be the background investigation including individuals placed on the certified list. employment, education, criminal history and motor vehicle record checks on any applicant TESTING DATE being considered for this position. All qualified employees who apply by the deadline date will be notified of the time,place and date of the 2. Following a conditional offer of employment, examination. the City of Waterloo reserves the right to require a physical examination and a drug test A.A./E.E.O. by a physician of the City's choice to Minority, female & disabled individuals are determine if an applicant is capable of encouraged to apply. performing the essential functions of the position. 3. Must obtain and maintain lead-based paint certifications within time fi-ame determined SENIOR REHABILITATION SPECIALIST DESCRIPTION 18 by department head. March 2018 Page 157 of 211 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Guddi Mart, Inc., 306 Byron Avenue. City Council Meeting: 6/4/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office fflga:)y, N" imma:y Apmprove(l 5/30/2018 11.39 AM SUBJECT: Cigarette/Tobacco Permit New Application for Guddi Mart, Inc., 306 Byron Avenue. Page 158 of 211 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 6/4/2018 Prepared: REVIEWERS: Department Reviewer Action Date Ergyldmnee6ngg fflg,:)y, Nammaay A.pproved 5/30/2018 .... 12-05 PM ATTACHMENTS: Description Type ❑ 1:3orids for c,otu-: aup aapll'rovaap 6.4.18 13 ac°kup'r Mammc,mlaap SUBJECT: Bonds. Page 159 of 211 BONDS FOR COUNCIL APPROVAL June 4, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 T240498 ANDY MILLS dba MILLS CONCRETE WATERLOO, IA 95 BA G306 0 IOWA FLATWORKS CEDAR FALLS, IA IA5129192 KEVIN CASEY WATERLOO, IA W150316379 PROFESSIONAL CONCRETE WATERLOO, IA 016069339 TECOM CONSTRUCTION, INC. CLEARWATER, MN IA5129500 VINCENT H EDWARDS dba VE CONSTRUCTION WATERLOO, IA Page 160 of 211 CITY OF WATERLOO Council Communication Request by Michael Dahl and Brian Kennett to rezone approximately 2.74 acres of land from"A-l" Agricultural District to "R-l" One and Two Family Residence District to allow for future low density residential development, located at 4245 West 4th Street. City Council Meeting: 6/4/2018 Prepared: 5/23/2018 REVIEWERS: Department Reviewer Action Date Ppmrnian r& Zoniiig i elirroederr, A.rie Approved 5/30/2018 .... M58 AM (."pend; Office l i [)y, 1' a my Approved 5/30/2018 .... 11.44 AM ATTACHMENTS: Description Type i;OIL111611.,n-A.ttaclinients 4245 W 4dn Rezone (.,oveir- Me nio Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. SUBJECT: 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 rezone of certain property, located at 4245 West 4th Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Transmitted herewith is a request toby Michael Dahl and Brian Kennett to rezone approximately 2.74 acres of land from"A-I"Agricultural District to "R-1" One and Two Family Residence District to allow for future low density residential development, located at 4245 West 4th Street. The applicant is requesting to rezone the property to a residential zoning designation to allow for the development of low density residential. The request would not appear to have a negative impact upon the surrounding neighborhood and land use in the area as it consists of low density residential development, with the of exception multiple family residences to the west along Skyline Drive. Page 161 of 211 The"R-1" One and Two Family Residence District is intended to provide for areas of the community which are suitable for low density residential uses that are adjacent to residential, professional offices or neighborhood commercial uses. The property in question is 4245 West 4th Street, which is Summary Statement: 2.74 acres in size. Currently there is a house on the property that was constructed in 1919, along with three outbuildings. It is the intent of the owners to keep the existing farm house and outbuildings and eventually plat the rest of the land for new residential development. Rezoning this property to "R-1" One and Two Family Residence district to allow for new low density residential would appear to be in conformance and compatible with the surrounding area. When the land is platted for new residential development, the lots will need the minimum requirements for the "R-1"District. The minimum lot size for a single-family house is 9,000 SF and the lot width should be no less than 75' measured at the building line. The minimum lot requirements for two family dwellings is a minimum lot size of 10,000 SF and a lot width of 80' also measured at the building line. At this time, the applicant has not yet submitted a subdivision plat on how they intend to subdivide the land. At the May 1, 2018 Planning and Zoning Commission meeting, the commission unanimously recommended approval of the rezoning request. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning and Land Use The North 360 feet of the West 365 feet of the South One-Half of the Legal Descriptions: Northwest Quarter of Section No. 8, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa Page 162 of 211 May 1,2018 REQUEST: Request by the Michael Dahl and Brian Kennett to rezone 2.74 acres from "A-1"Agricultural District to "R-1" One and Two Family Residence District, located at 4245 West 4th Street. APPLICANT: Michael Dahl and Brian Kennett, 4245 West 4th Street, Waterloo, Iowa, 50701. GENERAL The applicant is requesting to rezone the property to a residential DESCRIPTION: zoning designation to allow for the development of low density residential. IMPACT ON The request would not appear to have a negative impact upon the NEIGHBORHOOD & surrounding neighborhood and land use in the area as it consists of SURROUNDING low density residential development, with the of exception multiple LAND USE: family residences to the west along Skyline Drive. VEHICULAR & The property is served by West 4th Street from the north and south, PEDESTRIAN which is classified as Minor Arterial. This rezone request would not TRAFFIC appear to negatively impact vehicular and pedestrian traffic within CONDITIONS: the area. West San Marnan Drive is about '/4 of a mile to the north and West Shaulis Road is located % of a mile to the south, and both of these roads area classified as Minor Arterials. Highway 20 is located a little ways to the north of the property, which a Principal Arterial, however, there is no access to it from West 4th Street as this is a Full Access Controlled highway, with the nearest interchanges being located at Ansborough Avenue and Highway 63. RELATIONSHIP TO There is no public sidewalk located along the east side of West 4th RECREATIONAL Street, but there is sidewalk along the west side of the street. TRAIL PLAN AND When the land is platted into new lots, there will be a requirement COMPLETE STREETS in the deed of dedication that sidewalk is required and installed. POLICY: The intent would be to have sidewalk along the frontage of West 4th Street to the north end of the property and have a crossing to get to the sidewalk on the west side of the street. The Shaulis Road recreational trail is located 3/ of a mile to the south at the intersection of West Shaulis Road and Hoff Road. ZONING HISTORY The area in question is zoned "A-1 Agricultural District and has FOR SITE AND been zoned as such since the adoption of the Zoning Ordinance in IMMEDIATE VICINITY: February of 1969. Surrounding land uses and their zoning are as follows: North — One and two family residences, zoned "R-3" Multiple Family Residence District. South — Single-family residences, zoned "R-1" One and Two Family Residence District. East — One and two family residences, zoned "R-3" Multiple Family Residence District. West — Single-family residences and multiple family residences (Timberline Condos), zoned "R-1" One and Two Family Residence 4245 W 4`h St—A1 to R1 P&dLF 161 offt1 May 1,2018 District and "R-3,R-P" Planned Residence District. DEVELOPMENT The area has a mix or residential development uses, with some HISTORY: multiple family development, but the area is predominantly one and two family residences. The area has development that was built from 1919 up to until 2015. The development of more low density residential would appear to be suitable with the existing development in the area. BUFFERS/ SCREENING No buffers would be required as a part of this rezoning request. REQUIRED: DRAINAGE: The rezoning request would not appear to have a negative impact upon drainage in the area. When the land is platted, it will be a requirement that storm water detention be included for the new subdivision. FLOODPLAIN: The property in question is not located within any Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0284F, dated July 18, 2011. PUBLIC /OPEN There are no schools within the nearby vicinity. Orange SPACES/ SCHOOLS: Elementary, Hoover Middle and West High are the schools that serve this area. The nearest park is Prairie Grove Park, approximately 3/4 of a mile to the southwest as the intersection of West 4t" Street and West Shaulis Road. UTILITIES: WATER, There is no sanitary sewer located within West 4t" Street, and the SANITARY SEWER, nearest 8" sanitary sewer located about 300' to the south at the STORM SEWER, ETC: intersection of West 4t" Street and Hoff Road. Engineering has noted that the site would need to be served by this sewer by extending a new sanitary sewer northward to the property in question. West 4t" Street has 12" storm sewer and 4" drain tiles within it in. There is a 12" water main that comes northward along the east side of West 4t" Street that is stubbed into the property in question. RELATIONSHIP TO The Future Land Use Map designates this area as Low Density COMPREHENSIVE Residential, which equal approximately six housing units per acre, LAND USE PLAN: and the proposed rezone request would be in conformance with the Future Land Use Map and Comprehensive Plan for this area, and this area is located within the Primary Growth Area. The proposed rezoning request would appear to be in line with Land Use Goals 4, 7 and 13. STAFF ANALYSIS — The "R-1" One and Two Family Residence District is intended to ZONING provide for areas of the community which are suitable for low ORDINANCE: density residential uses that are adjacent to residential, professional offices or neighborhood commercial uses. The property in question is 4245 West 4t" Street, which is 2.74 acres in size. Currently there is a house on the property that was constructed in 1919, along with three outbuildings. It is the intent 4245 W 4`h St—Al to R1 PCQLF 160 0"1 May 1,2018 of the owners to keep the existing farm house and outbuildings and eventually plat the rest of the land for new residential development. Rezoning this property to "R-1" One and Two Family Residence district to allow for new low density residential would appear to be in conformance and compatible with the surrounding area. When the land is platted for new residential development, the lots will need the minimum requirements for the "R-1" District. The minimum lot size for a single-family house is 9,000 SF and the lot width should be no less than 75' measured at the building line. The minimum lot requirements for two family dwellings is a minimum lot size of 10,000 SF and a lot width of 80' also measured at the building line. At this time, the applicant has not yet submitted a subdivision plat on how they intend to subdivide the land. STAFF ANALYSIS — SUBDIVISION There is no platting requested with this item. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone 2.74 acres RECOMMENDATION: from "A-1"Agricultural District to "R-1" One and Two Family Residence District, located at 4245 West 4t" Street, be approved for the following reasons: 1. The rezoning request would not appear to have a negative impact on the surrounding area, and the proposed residential zoning district would be consistent with residential development in the area. 2. The request would not appear to have a negative impact upon pedestrian or traffic conditions within the surrounding area. When this land is platted, more residential sidewalk will be extended in this area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates this area as Low Density Residential. 4245 W 4`h St—Al to R1 PCQLF 165 0"1 City of Waterloo Planning, Programming and Zoning Commission May i, 2oi8 A-1 R-4 BIP R-4,R-P M-2,P M-1 , R-4 R-3 r_ A-1 �1 I A-1 C C-2,C-Z C-2,C-Z R-4,R-P .... C-2 . R7 4Q 3 / F. i 'TF/ R-3 R-P �.,,. R-i 1 R-3,R-P , 77ILIII � LI 1 .111111 N 4245 West 4th Street W E Rezone from "A-i" to "R-i" Michael Dahl and Brian Kennett 1,000 500 0 1,000 0 � Feet Page 166 oV41 City of Waterloo Planning, Programming and Zoning Commission May i, 2oi8 a% (� ro✓� u I Area to be Rezoned / I / Ol�i II J r� , / 0 w 'o r, r Ciy Imi �I W 4TH ST��fflfri�� �' ' N 4245 West 4th Street W E Rezone from "A-i" to "R-i" " Michael Dahl and Brian Kennett 150 75 0 150 Feet Page 167 otM1 City of Waterloo Planning, Programming and Zoning Commission May i, 2oi8 f r/1/�✓/ �ii��/� O/� r iY�% s r n //, ,a i 1 r rr /// ,,,",-, r, r✓ 1. � �,c � 1>I�/�,,,, r� �/� �„ r, � A' a rr, „ ���%%i//! /.cnJ 11 /%O ,%/y//i// / i// �, r l, :;� / � %ler /// ..., //i �/ Q) / �r 41, r e ,,,� rri„ 1(/''i",' �ii, '„ ei r.� /ii /, ,,: ,r., /l/, n�, //✓iii„ ..%/, ,,,� tG.,,- r �„„/' /rrr„,/ /iii.,../,,;; /, _f ,,,,,, ✓ � �,,,., 1 /i �„// �I ��,t I m af�,,. �///�///U/i,%%///%%,�/,,,r�,���✓i//���i/,.,,//i,.,,�,�.r/� ,,, f,,,,,' /�� ,.,"/�����/%a; r",,, ,. „ rrr,,.. ,,,/e/ai/�„ .r„c%//i11,//0..,.. V 'P�'I�IIu�War��l�mlo�'— .,.. N 4245 West 4th Street W E Rezone from "A-i” to "R-i" ” Michael Dahl and Brian Kennett 150 75 0 150 0 � Feet Page 168 otJ41 City of Waterloo Planning, Programming and Zoning Commission May 1, 2oi8 d i i d l it I / ) r6 lii Ir J u i o- Sanitary k HST lip j 1 l� r�NPry D/ a N 4245 West 4th Street w E Rezone from "A-1" to "R 1" s Michael Dahl and Brian Kennett 150 75 0 150 0 � Feet Page 169 0 1 e � ouuuul�0 M m� N �j d1 �� a f NN1111111111111111 r Ileum M �i Li CDo 00 `/i Iwm HHHmuum � N � j �� ul iu4uuuullu o � o N N muuuuu � Vl � � 41111111 �� VVlllllllu �ulll � � N ^M p �n V x p 11 / cLO 0 M d d lt�if' v" 11111 1 � 0 J w r hf' �Iip ri,rr .I�" ylu;11 II IIIIIIIu1111.1,4�11 �II w w p i y wporW�o=> I, I by s U >W=7 OU „tlII �?�UxyQ 1� mwmywzW 2 z Q a 7- zFO UO Lu X. Q U Q�O Y ww �QLLr °� >zYm337 ICe O N�2 W22Q tivv� F f U Q W Q N Y A W OJyQY� a LUa F m K y W LL 2 W U gi IA J v+ 2��p W F y W y K w.vW wpop ym 31. WO< OOQG Q m 3 yoaQQaa APPLICATION FOR REZONING CITY OF WATER1.00 PLANKING. })liOCiR/11L(M M, ANP ZONING COMMISSION ; WATERLOO,10LVA 319,291.4366 L 1.APPLICATION 04VQIUV ATIO�x: tt. Applicant's tuune(plutse print): Michael Dnhl&Brian Kennett Address._4245 Ai'4tla St_-"- Phone:_(3l9)72]-43Sf) �£iK: 1Unteriui> _ Slcite:_ Iu�sn _ LilX 50701 Er. St:tlus of applieant:(n){}ttmerX, (b)Qdter �(CIILCK EINE):ll'other intpluin: - c. PruJV4 MVrPl el'name if c ifferen€than above(lilt ase print): - - Address: - ._._. _'.PROPERTY INI)ORla1r1'I"IQ1V: a, Germul location ofproperty to be rezoned:__4245 W 41h S€,Parcel 4R I 3-08-151-001 b. I.eYal description ttf property to be rezoned:. —C:A't'L:17`lt:ll LA`ATfRt.t7C}11 t:S'1'\3(irr L}li[r 3gc. ()p g ti?N!i'ie.7 SIC'�T 8R t:13 c. )7irnensiuns�f Propuscd Zoning Boundary f Pxrhrding bight of Way):—3321060' W --- d. Area til'Proposed Zoning Boundary(taxcludine Right b!'Way): 2.74ACRLS _ c. C"urTent zoning: A-1 __lit iluestet!zunirtta: K-t _ f Reamm(w)for rezoning will proposed use(s)of property: _--_Split for Residt;nlial Parcels �. ._._...w C, g. 'un[titans(if ung)agreed to: h. Cithcr laerl inept infurination(use reti errhr side if necessuiy); PEetlse!Votes If appiicanr N not the owner of lite property,the Signature of lite owner must he secured_If it is the intens to subdivide (split) any land, vaaaut or intpruted ill ctutjunetion with this regttest it nEusi gU thruuuh a P1211 Lim,'prouess(separate from re oue request). E'ltc Yelittr t'ee ml-SMO+X10 per al:M($740 ntas)(p;ly:rble to the Cil)'of Waterloo)iS[Clnircd(mind riniount do\vii to ne.[rest$10 ineren)eit[). 7'ltis fee is moat-refundable. Linder no condi(ipla shall said sunt orally lt;,rt thereof be refunded far I'M Lire of said amendmetll to be cuacted into law. Any[major change in airy of Ilie inl'arxuution given wiII require Ilaut lite rcgtresl go bark Ihrough ths:process,will)a neer titin"Ice, ll'tlic request is denied no nail,pc[iiion covering llae xamc or pp1'Iitnl i)f IItC 5an1C pl'pl)CI'Iy shall bt.tiled Willi pl'Cnnsidered by(he Phuilling,I'ri]gminrnillg,amd"Lonin�Cnlmtnissian until Cotte(4)mouths have elapsed frnrn the date al'denhrl by Illy Wtiterloo City Cauncil.The undersigned certify undcl' oath and tnxlcr lite pcimllica ofperjur);that all in R)rlm.t[ipn on this request told submiticti alaug with it ix true moil conte[. :All ittfnt'nlatiprt suh)niltett Will be used by the Waterloo Planning, Programming, and Zonittr Conlniiasion and ilia Li'atcrlun Pity (:a[meil it: mltking their decision. "Cita undersigned unthutize City T.on's[tg Officials to enter LEta l)It3peny in(Imestion in regards it)the request, fiirlt tture ofA))licnni -- i U it Stgnanuc of t.lwnet 'll m- r } 5 _ Page 171 oN1. f Rezoning Request — 4245 West 4th Street F r r1 r r M A {t f / re 4245 West 4th Street. Looking at the southern portion of the property that is requested to be rezoned. Existing single-family residences are in the background. K"11; r w e.� tz Looking east at the far southern portion of Looking northeast from the south edge of the property in question. the property at the existing outbuildings. Page 172 o!tg1 Rezoning Request — 4245 West 4th Street r f 4 r I Looking north along the east side of West Looking east across West 4th Street where 4th Street, with 4245 West 4th Street in the there could potentially be a pedestrian background. crossing to connect to the sidewalk on the west side of the street. i „ fyt 'I1 li 1INI(lll ,� Looking south along the east side of West Looking north up the hill of West 4th Street 4th Street. where the pedestrian crossing could cross to connect to the sidewalk on the west side of the street. Page 173 o!tg1 CITY OF WATERLOO Council Communication Mowing contract for city owned lots generally acquired through Iowa Code 657A. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date lllata:tn'irrgg,& Zoau4ig Scptrroederr°, Arric Approved 5/30/201 .... 10.57 AM t]errk Office 1 dclfle, Kefley Approved 5/30/201 .... 12:03 PM ATTACHMENTS: Description Type Bad ,p.,aip) Covet M ell/no M4%wiiipa;Contract Ba c.k:i]fp'b Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING-No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract etc. Resolution authorizing to proceed. SUBJECT: Motion to receive and file and instruct the City Clerk to read bids. Resolution approving award of contract for the mowing of city owned lotseg nerally acquired through Iowa Code 657A to B&B Lawn Care, Inca of Waterloo, Iowa, in the amount of$19.75 per lot less than one (1) acre, and R&D Lawn Care L.L.C., of Waterloo, Iowa, in the amount of$30.00 per hour per lot, one(1) acre and above, and approving the contract, bond, and certificate of insurance, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson,Community Planning and Development Director Recommended Action: Approval Expenditure Required: To be determined Source of Funds: Nuisance abatement Policy Issue: Property Maintenance The City of Waterloo through its Dilapidated Housing Task force has acquired approximately 190 properties over the last ten years using Iowa Code 657A. A majority of the properties where demolished with Background Information: approximately 10 homes being sold with development agreement and Page 174 of 211 rehabilitated. Lots owned by the City of Waterloo must be maintained, including mowing of the lots. This bid will select a mowing contractor for the lots. Page 175 of 211 2018 CITY OWNED PROPERTY MOWING CONTRACT Bid Tab: May 31, 2018 Estimate: Option A: $27.00 per occurrence for lots under 1 acre Option B: $30.00 per occurrence for lots 1 acre or more Bidder Bid Security Bid Amount B&B Lawn Care, Inc. Ck $1 500 A: $19.75 Waterloo, IA B: $57.00 R&D Lawn Care, LLC A: $26.00 Waterloo, IA Ck $1,500 B: $30.00 Wilson Custom Tree ° A: $99.00 Cresco, IA 5�° B: $220.00 Page 176 of 211 EXHIBIT A CONTRACT PROVISIONS CITY OF WATERLOO, IOWA PLANNING AND ZONING DEPARTMENT CONTRACT for 2418 MOWING This Contract for mowing(the "Contract") is made and entered into on June 4, 2018, by and between the City of Waterloo, Iowa(the"City"), and (the "Contractor"). t s 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. 2. The Contract Documents shall consist of the following: a. This Contract b. Request for Proposals c. Notice of Hearing d. Instruction to Bidders e. Signed copy of Bid f. General Conditions g. Specifications 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 be govern. 3. The Contractor agrees to complete work on a consistent schedule to keep properties in compliance. Time is of the essence in the performance of duties under this Contract. The Contractor also agrees to the following: a) The Contractor will remove all litter, garbage, or junk on vacant lots and/or vacant properties that would be cause the Contractor not to be able to fulfill the obligation of weed/grass removal at their own cost. b) Contractors will abide by ordinance sections a. 7-1-213(1)Contractors will not be permitted to transfer grass onto or across any city street or alley. In the event grass is transferred into the street, it shall be removed by the Contractor. b. 7-1-21{ Contractors will not be permitted to blow weeds/grass onto or across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the Contractor c) Contractors shall bag all weeds/grass taller than 12"in residential areas and dispose of the rubbish properly.Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 Independence E' Ave.,Waterloo,Iowa. I d) Contractors are not to mow or trim any flowers or gardens unless specified by the Planning and Zoning Department. e) Contractors will trim around all trees,telephone poles,fences, structures, curbs and on the backside of alleys. f) 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 or owner of the property. f g) Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the alley when referral is given by the Planning and Zoning Department. h) Properties found in compliance upon arrival of contractor, will not result in additional charges to the City of Waterloo from the Contractor. Page 177 of 211 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 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. 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 not 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. } r 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 u' 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(2 1)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 work,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 registered or certified mail, postage prepaid and addressed: Page 178 of 211 City Contractor City of Waterloo,Iowa 715 Mulberry St. Waterloo, Iowa 50703 Attn: City Clerk 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. I4. 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. I 16. In the event any provision of this Contract is held invalid, illegal, or unenforceable,whether in whole or in pant,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 on Exhibit"A"attached hereto. IN WITNESS WHEREOF,the parties have executed this Contract for Mowing by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR j!. Mayor Name of Contractor By: City Clerk Title: Page 179 of 211 CITY OF WATERLOO Council Communication Resolution approving construction plans for sanitary sewer, serving Little Stars Day Care, as submitted by ALLTRANS, Inc., of Cedar Rapids, Iowa, and a Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans, subject to the review and acceptance by the DNR, and authorize the Mayor to execute said documents. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date p:^tigff'neea nng Kraattsoni, Jtann'i'e Approved 5/29/2018 5-07 PM t.`Ilerp Off-we Fellcllipe, Kenley Approved 5/30/2018 ... 12-.13 PM Resolution approving construction plans for sanitary sewer. serving Little Stars Day Care, as submitted by ALLTRANS. Inc.. of Cedar Rapids, SUBJECT: Iowa, and a Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo. DNR Forin 29 (Nov 00) and final acceptance of construction plans, subject to the review and acceptance by the DNR. and authorize the Mayor to execute said documents. Submitted by: Submitted By: Dennis Gentz, PE,Assistant City Engineer Plan sheets that apply to the sanitary sewer main are: A.01, E.02, and E.03. Summary Statement: SUDAS Standard Specifications and details are referenced in IDNR schedules. Page 180 of 211 CITY OF WATERLOO Council Communication Motion approving Final Quantity Adjustment No. 6 for a net decrease of$18,474.48, for the FY 2016 Shaulis Road Recreational Trail Extension, Contract No. 858, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 6/4/2018 Prepared: 5/30/2018 REVIEWERS: Department Reviewer Action Date E i)&eeHng Knwsomi, Jami e Approved 5/30/2018 .... 1023 AM (."perk Office i°ellcllfle, pC a fley Approved 5/30/2018 .... 10-.40 AM Motion approving Final Quantity Adjustment No. 6 for a net decrease of SUBJECT: $18.474.48, for the FY 2016 Shaulis Road Recreational Trail Extension Contract No. 858, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Jeff Bales,Associate Engineer This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the Summary Statement: project, which results in a decrease to the total project cost. Source of Funds: Federal TAP funds State Recreational Trail Funds Page 181 of 211 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by K. Cunningham Construction Co., Inc., of Cedar Falls, Iowa, at a total cost of$614,092.91 in conjunction with EY. 2016 Shaulis Road Recreational Trail Extension- Phase 1, Contract No. 858. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date Ei)&ccHng 1Cnwsomm, lmtmmm'ne Approved 5/30/201 .... 11D O M �."perk Office l fig[)y, 1' amm cy Approved 5/30/2018 .... 11.48 AM Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by K. Cunningham Construction Co.. SUBJECT: Inc., of Cedar Falls. Iowa. at a total cost of$614,092.91 in conjunction with F.Y. 2016 Shaulis Road Recreational Trail Extension- Phase I. Contract No. 858. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer It is recommended that the project be accepted and that Council approve the Recommended Action: "Statement of Completion and Final Acceptance of Work" and authorize the Mayor to sign said document. I report that K. Cunningham Construction Co., Inc., of Cedar Falls, Iowa, Summary Statement: has completed the above referenced project in accordance with the plans and specifications. Source of Funds: Federal TAP funds State Recreational Trail Funds Original Contract Amount= $626,190.09 Change Order No. 1 = $2,035.75 Change Order No. 2 = -$18,823.44 Change Order No. 3 = $8,309.36 Background Information: Change Order No. 4 = $4,742.00 Change Order No. 5 = $10,113.63 Change Order No. 6 = -$18,474.48 (Final Over/Under Qtys) Final Contract Amount = $614,092.91 Page 182 of 211 CITY OF WATERLOO Council Communication Resolution appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent agreement in conjunction with the $10,505,000 General Obligation Bonds, Series 2018A, and authorizing the the Mayor and City Clerk to execute said agreement. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date t nnn,ince Weidner, M'rninn:fle Approved 5/29/2018 10-.15 PM �.`pefl< Office pfigby, Nancy Approved 5/30/2018 .... 11:fir p AM Resolution appointing Bankers Trust Company of Des Moines. Iowa. to serve as Paying Agent. Bond Registrar. and Transfer Agent, approve the SUBJECT: Paying Agent and Bond Registrar and Transfer Agent agreement in conjunction with the $10.505.000 General Obligation Bonds, Series 2018A, and authorizing the the Mayor and City Clerk to execute said agreement. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: Bankers Trust will disburse the semi-annual interest and annual principal payments to the bondholders over the term of the bonds. Expenditure Required: A one-time acceptance fee of$250 is charged. Annual paying agent fees of $500 will be required each year the bonds are outstanding. Source of Funds: Fees are paid using the debt service levy. Page 183 of 211 CITY OF WATERLOO Council Communication Resolution authorizing and providing for the issuance of$10,505,000 General Obligation Bonds, Series 2018A and levying a tax to pay the Bonds, and approving the Tax Exemption Certificate and Continuing Disclosure Certificate. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date Wend:rr ,err, M k,,,he ie Apd)roved 5/29/2018 .... M15 5 PM (."clerk Office Fellcllfle, pCa:fley pa::roved 5/30/2018 .... 11:151 AM Resolution authorizing and providing for the issuance of$10,505.000 SUBJECT: General Obligation Bonds, Series 2018A and levying a tax to pay the Bonds, and approving the Tax Exemption Certificate and Continuing Disclosure C ertific ate. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: This is the final council action required to issue the bonds. Page 184 of 211 CITY OF WATERLOO Council Communication Resolution appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approve the Paying Agent and Bond Registrar and Transfer Agent agreement in conjunction with the $1,070,000 General Obligation Bonds, Series 2018B, and authorizing the Mayor and City Clerk to execute said agreement. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date t nnn,ince Weidner, M'rn inn:fle Approved 5/29/2018 .... 10-.14 PM �.`pefl< Office p p gi:y, Nancy Approved 5/30/2018 .... 11-.50 AM Resolution appointing Bankers Trust Company of Des Moines. Iowa. to serve as Paying Agent. Bond Registrar. and Transfer Agent, approve the SUBJECT: Paying Agent and Bond Registrar and Transfer Agent agreement in conjunction with the $1.070.000 General Obligation Bonds, Series 2018B, and authorizing the Mayor and City Clerk to execute said agreement. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: Bankers Trust will disburse the semi-annual interest and annual principal payments to the bondholders over the term of the bonds. Expenditure Required: A one-time acceptance fee of$250 is charged. Annual paying agent fees of $500 will be required each year the bonds are outstanding. Source of Funds: Fees are paid using the debt service levy. Page 185 of 211 CITY OF WATERLOO Council Communication Resolution authorizing and providing for the issuance of$1,070,000 Taxable General Obligation Bonds, Series 2018B and levying a tax to pay said Bonds, and approving the Continuing Disclosure Certificate. City Council Meeting: 6/4/2018 Prepared: 5/29/2018 REVIEWERS: Department Reviewer Action Date Fiii@iicc W(,nclm err, 1'' k,,,hefle C pp)roved 5/29/.2018 .... 10-15 PM (errk Office 1 cllcllfle, Ke ley App)roved 5/30/2018 .... 11,H AM Resolution authorizing and providing for the issuance of$1,070,000 Taxable SUBJECT: General Obligation Bonds, Series 2018B and levying a tax to pay said Bonds, and approving the Continuing Disclosure Certificate. Submitted by: Submitted By: Michelle Weidner. Chief Financial Officer Summary Statement: This is the final council action required to issue the bonds. Page 186 of 211 CITY OF WATERLOO Council Communication Resolution Approving a 2.75 Percent salary increase for non-bargaining employees effective July 1, 2018. City Council Meeting: 6/4/2018 Prepared: 5/31/2018 REVIEWERS: Department Reviewer Action Date ilunan Rea,ouirce4s ipizg[.)y, Nancy Approved 5/31/201 .... pp-0p AM ATTACHMENTS: Description Type D Norm Ba tnnnmpnng wan,, increase Ilea.i.e,ir to Mayor and (,"Uy (."tn�TeuT�a�eii��t� �,artntaenl on �larjp,,, irri ni p'rop o sed /'a gc I ntcu�t ase. effective for Backup Materkill SUBJECT: Resolution Approving a 2.75 Percent salary increase for non-bargaining • employees effective July 1; 2018. Submitted by: Submitted By: Lance Dunn, Human Resources Director Page 187 of 211 1 CNTY OF WATERLOO , I HUMAN RIESOURCES DEP I' Tl5 Mulberry St. Waterloo, IA 50703 Phone(319)291-4303 Fax(319)291-4569 6• May 30, 2018 HART Mayor and City Council COUNCIL I am writing in reference to the item on the City Council agenda that recommends a 2.75%across MLMBLI'IRS the board increase for all non-bargaining employees. This same increase will be granted to ...."'.......'.... bargaining unit employees under the various collective bargaining agreements. I have attached a 1 chart that shows the proposed hourly rate and annual salary for each non-bargaining employee. 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City Council Meeting: 6/4/2018 Prepared: 5/31/2018 REVIEWERS: Department Reviewer Action Date 11innana ti 1�eso urces 1'hio in, C a uma:u:X Approved 5/.31/2018 .... 11.55 AM (."1erk Office 1111a1)y, 1' aamy Approved 1/51/2018 .... 12.11 PM ATTACHMENTS: Description Type D llea ltli rid Deer taa li.e:r ewall 1.,et er to ffie Mayor a:'Id (:"oNrer Memo (:,OauMfl Resolution Approving Renewal agreement with Wellmark Blue Cross Blue SUBJECT: Shield for Administration, Network Access Fees, Delta Dental fixed fees and a new agreement with Gerber Life Insurance for stop loss fees and authorize Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Lance Dunn, Human Resource Director Page 194 of 211 ColI TY OF WATERLOO , IOWA HUMAN RESOURCES DEPARTMENT 71sMulberry St. " Wahsr|no. |A 50703 °Phone(31S)2S1-4Jua Fax(n1n)zy1'*mes a�rn' K8ay30, 2O18 0UCNTIN B&R.7 Mayor and City Council C01-INC|L I am requesting that the City Council authorize the Mayor and the City Clerk to sign and execute MRK8B8Il3 the renewal agreement with VVe||markfor Administration, Network Access Fees(NAF), Delta ``'``'`'`^^^^~'``'^ Dental Fixed fees and a new agreement with Gerber Life Insurance for Stop Loss Fees. The one year agreement for covered employee and retiree plans will be effective July 1, 2018. MARGARET KLK|N It is anticipated that the cost for the VVe||mark/Gerboradminixtradon, network access and stop nla,d/ loss premium will be$1,32S'211.48atthe end ofthis fiscal year and they are projected tn BRUCE' increase byapproximately 596inthe next fiscal year. The new agreement with Gerber will result JAC0BS /onJz inafixed cost savings nf$47,0G2.0R. The Delta Dental fixed costs are projected tnbe$34,306ot the end of this fiscal year and it is anticipated there will be a slight increase next fiscal year. The 9&T0CK final costs for this fiscal year and next fiscal year will vary depending on the number of actual K10QD|WSEY /8od3 employees and dependents covered and the number of claims filed by the health and dental TBX0NR insurance plans AM05,JR. mn�4 (1HKlS 5incer 77 �R\k4P 3B6KoN ~ Lance Dunn ]DDN Human Resources Director x^/m»r STDVC SOU0|TT "11-Large {|C: file WE'RE WOR&lNGp0DY0U! �8�� 1�� Of�11 ^maw�ovpununi�mnnnameA�m,Enp�y� � CITY OF WATERLOO Council Communication Resolution approving the Main Street Iowa Program Agreement,Agreement# PS2019-G300-49 between the Iowa Economic Development Authority, the City of Waterloo and Cedar Skyline Corporation/DBA Main Street Waterloo for the purpose of continuing the Main Street Program in Waterloo for a period of 18 months ending December 31, 2019, and Resolution of Support of the Main Street Waterloo Program, commitment to provide funding to the Main Street Waterloo Program with funding sources to include Downtown TIF and bond funds and/or S SMID proceeds, and commitment to appoint a city official to represent the City on the Local Main Street governing board of directors, and that the Local Main Street Program will continue to follow the Main Street Approach as developed by the National Main Street Center, Inc. and espoused by Main Street Iowa. City Council Meeting: 6/4/2018 Prepared: 5/31/2018 REVIEWERS: Department Reviewer Action Date I'Vaarmirig& Zoriinag 1i61n1by, Namy Approved 5/31/2018 5:38 PM ATTACHMENTS: Description Type MairStreet/ a;urierit 1:1ackijq) Materiaall Resolution approving the Main Street Iowa Program Agreement, Agreement # PS2019-G300-49 between the Iowa Economic Development Authority, the City of Waterloo and Cedar Skyline Corporation/DBA Main Street Waterloo for the purpose of continuing the Main Street Program in Waterloo for a period of 18 months ending December 31, 2019, and Resolution of SUBJECT: Support of the Main Street Waterloo Pro,gxam, commitment to provide funding to the Main Street Waterloo Program with funding sources to include Downtown TIF and bond funds and/or SSMID proceeds, and commitment to appoint a city official to represent the City on the Local Main Street governing board of directors, and that the Local Main Street Program will continue to follow the Main Street Approach as developed by the National Main Street Center, Inc. and espoused by Main Street Iowa. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval The Main Street Waterloo program is a part of the Main Street Iowa program, administered by the Iowa Economic Development Authority (IEDA) as a partnership between IEDA, the City of Waterloo, and the local Summary Statement: Main Street Program, Main Street Waterloo. To maintain the affiliation with the Main Street Iowa program, a Program Agreement must be approved every two years by the parties. The agreement lays out the responsibilities of the Local Main Street Program, responsibilities of IEDA, and responsibilities of the City of Waterloo. Page 196 of 211 The agreement requires the City of Waterloo to provide funding to the Main Expenditure Required: Street Waterloo program, but does not specify an amount. Funding is set by separate agreement with Main Street Waterloo. Source of Funds: N/A Policy Issue: Economic Development and Downtown Revitalization. Page 197 of 211 Main Street Iowa Program Agreement Agreement Number: PS2019-G300-49 Effective Dates: July 1, 2018—December 31, 2019 Agreement between the Iowa Economic Development Authority,the City of Waterloo, and Cedar Skyline Corporation /DBA Main Street Waterloo for the purpose of continuing the Main Street Program in Waterloo. THIS AGREEMENT is entered into and executed by the Iowa Economic Development Authority herein referred to as the"IEDA", the City of Waterloo herein referred to as the "City", and Cedar Skyline Corporation / DBA Main Street Waterloo herein referred to as the Local Main Street Program". WHEREAS, The City and Local Main Street Program established a partnership with IEDA in 1996 and desires that the program continue; and WHEREAS, the IEDA desires to continue the relationship which has been established with the City and the Local Main Street Program; NOW THEREFORE, in consideration of the foregoing and mutual covenants and agreements contained herein, the parties have agreed to do as follows: SECTION I. The Local Main Street Program agrees to: 1. Maintain the local program's focus on the revitalization of the designated Main Street district utilizing the Main Street Approach M. This focus should be reflected in the programs annual plan of action, goals and objectives, vision, and mission statement. 2. Employ a paid full-time Executive Director for the Local Main Street Program who will be responsible for the day-to-day administration of the Local Main Street Program in the community. Full-time employment is defined as 40 hours per week dedicated to the Local Main Street Program work. Part time employment is 25 hours per week dedicated to the Local Main Street Program work. The Local Main Street Program and City will work to the best of their ability to provide professional support, competitive compensation, and benefits for the Executive Director position. In the event this position is vacated during the time of this agreement, the Local Main Street Program agrees to fill this position in a reasonable time and provide a written timeline to fill this position to the Main Street Iowa State Coordinator. 3. Develop an accurate position description which includes the rate of compensation and describes the professional activities for which the Executive Director is responsible. A copy of which is to be provided to Main Street Iowa annually. 4. Maintain worker's compensation insurance for the Executive Director and staff. 5. Maintain an office within the designated boundaries of the local Main Street district. 6. Submit monthly performance reports to the IEDA by established deadlines. The reports will document the progress of the Local Main Street Program's activities. Should a Local Main Street Program become three months tardy on submission of monthly reports, program services available through Main Street Iowa will be suspended until the Local Main Street Program has submitted all late reports to become current. 7. Provide Main Street Iowa electronic (via email, web cloud, etc.) examples of local best practices and information demonstrating local success stories (e.g. action plans, marketing materials, quality images, programmatic documents, etc.) 8, Achieve Main Street America National Accreditation at a minimum once every two years. Not achieving Main Street America accreditation at a minimum once every two years will result in termination of this agreement and loss of recognition as a Main Street Program. Details of Main Street America National Accreditation Standards of Performance can be found on the Main Street America website: www,mainstreet.org 9. Participate, as required by Main Street Iowa, in training sessions as scheduled throughout the year. To remain in compliance and to be eligible for Main Street America accreditation,the Local Main Street Program must have representation at both days, in their entirety, of the three (3) training sessions held annually, indicated as mandatory on the program calendar. In addition, any newly hired Executive Director will be Page 1 of 4 Page 198 of 211 Agreement# PS2019-G300-49 required to participate in Main Street Orientation, as soon after the hire date as feasible. Registration and all related travel expenses for training will be paid by the Local Main Street Program. 10. Work with the City to pass a Resolution of Support of the Local Main Street Program. This resolution must stipulate sources of funding for the program, a commitment to appoint a city official to represent the City on the local Main Street governing board of directors, and that the City will continue to follow the Main Street ApproachTA° as developed by Main Street America and espoused by Main Street Iowa for Main Street district revitalization. 11. Have a Resolution of Support passed by the Local Main Street Program Board of Directors. This resolution must stipulate a commitment to continue Main Street district revitalization following the Main Street ApproachTm as developed by the Main Street America and espoused by Main Street Iowa. 12. Maintain a"Designated Main Street Network" membership with Main Street America. 13. Use the words "Main Street" when referring to and marketing the local program, either as an official part of the organization's name or as a tagline such as... "A Main Street Iowa Program". As a designated Main Street Iowa community, the Local Main Street Program is required to include the Main Street America and the Main Street Iowa logos on local program communication materials. 14. Promote the revitalization of the Main Street district through advocacy of tools and resources that support district investment, for example: development incentives, ordinances and policy that promote the revitalization of the district, design guidelines or standards that promote the protection of the traditional character of the district, district development planning, etc. 15. Submit with this signed Program Agreement, one (1) copy the City's Resolution of Support, one (1) copy of the Local Main Street Program Board of Director's Resolution of Support, (1)copy of the Executive Director's current job description, and one(1)completed W-9 of the Local Main Street Program. 16. Not assign this agreement to another organization without obtaining prior written approval of the IEDA. 17. Remain in compliance with the requirements of Main Street Iowa as outlined in this agreement. If the IEDA finds that the Local Main Street Program is not in compliance with the requirements of this program agreement: a. The Local Main Street Program and City will be notified of non-compliance with an "Initial Warning" and given a 90-day probationary period in which to return to compliance. The Initial Warning will include a summary of non-compliant items and provide guidance on how to resolve the issues. During this probationary period, all Main Street Iowa services,with the exception of targeted technical assistance to help the Local Main Street Program mitigate non-compliant items, will be suspended, including eligibility for Main Street Iowa grant applications, awards nominations, and onsite technical assistance.The Local Main Street Program will be reevaluated by Main Street Iowa 90 days following the Initial Warning. b. If the Local Main Street Program has failed to return to compliance as noted in the initial warning, Main Street Iowa may issue a Final Warning and given a second 90-day probationary period in which to return to compliance. c. If the Local Main Street Program is not in compliance within 90 days after the Final Warning, Main Street Iowa may terminate this agreement with the local program. Notice of official termination will be made by a letter of notification from IEDA to the Local Main Street Program, City, and Main Street America. Termination of this agreement will result in the loss of recognition as a Main Street Iowa Program and discontinuation all Main Street Iowa services, activities provided in this agreement, and will cease using the trademarked brand "Main Street" and/or "Main Street Program" in its name or as part of its organization's identity. Once this agreement is terminated, the community must reapply for Main Street Iowa designation before it can receive Main Street Iowa program services. Page 2 of 4 Page 199 of 211 Agreement# PS2019 -G300-49 SECTION If. The CITY agrees to: 1. Support and partner with the Local Main Street Program's focus on the revitalization of the designated Main Street district utilizing the Main Street Approach TM 2. Invest financially into the operation of the Local Main Street Program. 3. Pass a Resolution to demonstrate the City's support of the Local Main Street Program. This resolution must stipulate sources of funding for the program, a commitment to appoint a city official to represent the City on the Local Main Street Program governing board of directors, and that the City will continue to follow the Main Street Approach TM as developed by the Main Street America and espoused by Main Street Iowa for local Main Street district revitalization efforts. 4. Support the revitalization of the Main Street district through creation of tools and resources that support district investment, for example: development incentives, ordinances and policy that promote the revitalization of the district, design guidelines or standards that promote the protection of the traditional character of the district, district development planning, etc. 5. Support the Local Main Street Program in the completion of the annual Main Street America Accreditation process and compliance with this agreement. SECTION III. The IEDA agrees to: 1. Administer the Main Street America Accreditation process in Iowa on behalf of Main Street America and recognize Local Main Street Programs and Cities who successfully meet the Main Street America Accreditation Standards. 2. Maintain a team of downtown revitalization specialists, including a Main Street Iowa State Coordinator, to handle communication between the Local Main Street Program, City, the Main Street Iowa Program, and state government agencies. 3. Coordinate at least three(3)statewide training sessions annually for the Local Main Street Program and City based on the combined needs of all Iowa Main Street Communities. 4. Conduct at least three one-day Main Street orientations for all new Executive Directors, board members and volunteers. The Orientation will introduce the Executive Director and Local Main Street Program volunteers and board members to the Main Street Program and to their immediate responsibilities. Orientation meetings will be held in a central Iowa location. 5. Conduct an on-site partnership visit at least once every two years. 6. Provide continuing advice and information to the Local Main Street Program and City. 7. Include the Local Main Street Program and City in the Main Street Iowa network. 8. Provide, as requested and can be scheduled, on-site technical assistance visits to the Local Main Street Program and City with Main Street Iowa personnel in the areas of design, economic vitality, promotion, organization, committee training, board planning retreat facilitation, and action planning. 9. Offer additional optional, regionally hosted trainings throughout the year. SECTION IV. The PARTIES hereto otherwise agree as follows: 1. The term of this agreement shall be for a period of eighteen months, beginning July 1, 2018, and ending December 31, 2019. It may be extended or revised by a written amendment signed by all three parties. 2. This agreement shall be binding upon and shall insure to the benefit of the parties and their successors. Page 3 of 4 Page 200 of 211 Agreement# PS2019-G300-49 3, Not to discriminate against any employee or applicant for employment because of race, color, sex, age, disability, creed, religion, sexual orientation, marital status, or national origin. The parties further agree to take affirmative action to assure that employees are treated without regard to their race, color, region, sex, age, disability, creed, religion, sexual orientation, marital status, or national origin during employment. 4. Any one party may terminate this agreement without cause after 30 days written notice to the other two parties. 5. This document memorializes all elements of this agreement, and both incorporates and supersedes any previous agreements or negotiations, whether oral or written. & The IEDA is limited to furnishing its technical services to the Local Main Street Program and City and thus nothing contained herein shall create any employer-employee relationship. IN WITNESS WHEREOF,the parties have executed this agreement. BYE (Mayor Signature) (Date) Waterloo Iowa (Mayor Printed Name) (City) BY, _, (Board President Srgnaturq�� � (Date) � h , Cedar Skyline Corporation (Board President Printed Name) /DBA Main Street Waterloo (Local Main Street Program) BY: Deborah V. Durham, Director (Date) Iowa Economic Development Authority Page 4 of 4 Page 201 of 211 BOARD OF DIRECTORS RESOLUTION (Local Board of Directors) Resolution of Support and Commitment for the Main Street Program in Waterloo. WHEREAS, an Agreement between the Iowa Economic Development Authority, Main Street Waterloo and the City of Waterloo for the purpose of continuing the Main Street Iowa program in Waterloo and, WHEREAS, this Agreement is pursuant to contractual agreements between the Main Street America and the Iowa Economic Development Authority to assist in the revitalization of the designated Main Street project area of Waterloo Iowa and, WHEREAS, the local Board of Directors for the Main Street Program in Waterloo is committed to the goal of economic revitalization of the designated Main Street district within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Approach® as developed by Main Street America and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED by the local Board of Directors for the Main Street Program in Waterloo, Iowa, meeting in regular session on May 21, 2018 that the Board of Directors hereby agrees to support financially and philosophically the work of Main Street Waterloo. PASSED, APPROVED, AND ADOPTED THIS 21st day of May, 2018. Board Presid I Page 202 of 211 Page 203 of 211 CITY OF WATERLOO RESOLUTION Resolution of Support and Financial Commitment for the Main Street Program in Waterloo. WHEREAS, an Agreement between the Iowa Economic Development Authority, Main Street Waterloo and the City of Waterloo for the purpose of continuing the Main Street Iowa program in Waterloo and, WHEREAS, this Agreement is pursuant to contractual agreements between Main Street America and the Iowa Economic Development Authority to assist in the revitalization of the designated Main Street project area of Waterloo Iowa and, WHEREAS, the City Council of Waterloo endorses the goal of economic revitalization of the designated Main Street District within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street ApproachTm as developed by Main Street America and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waterloo, Iowa, meeting in regular session on (date) that the City of Waterloo hereby agrees to support both financially and philosophically the work of Main Street Waterloo, designates the Main Street Board to supervise the Executive Director and commits to appoint a city official to represent the City on the local Main Street Board. The source of funds to support Main Street Waterloo will be $40,000 from the Tiff and $10,000 from the City's Hotel Motel Discretionary fund. PASSED, APPROVED, AND ADOPTED THIS day of , 20—. Mayor Page 204 of 211 Page 205 of 211 CITY OF WATERLOO Council Communication An Ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations, Chapter 2 General Offenses, Section 13 Fireworks, Subsection E, Sales. City Council Meeting: 6/4/2018 Prepared: 5/16/2018 REVIEWERS: Department Reviewer Action Date t]errk Off-we 1 dchlle, Keiieypd roved 5/16/.2018 ....4-41 PM ATTACHMENTS: Description Type Oudinaarac e as proposed Baac*up Material Motion to receive, file; consider, and pass for the third time and adopt an SUBJECT: ordinance amending the City of Waterloo Code of Ordinances by amending Title 5 Police Regulations; Chapter 2 General Offenses; Section 13 Fireworks, Subsection E Sales. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 206 of 211 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY AMENDING TITLE 5 POLICE REGULATIONS, CHAPTER 2 GENERAL OFFENSES, SECTION 13 FIREWORKS, SUBSECTION E SALES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: That the City of Waterloo Code of Ordinances be amended by amending Title 5, Police Regulations, Chapter 2, General Offenses, Section 13, Fireworks, Subsection E Sales, as follows: 5-2-13: FIREWORKS: E. Sales: it shall be ttiilamwful te sell eeiistiflief of display fifewefks iii any leeatieii ,v�.;*hi the r;t-y limits of the City of gar t€flee exe€pt away zefie a�zgh > of N4 2,P by City of Al teFlZe�,tees h�07Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer and display fireworks are banned within the corporate limits of the City of Waterloo unless said usage is allowed by a permit, as referenced in section 9-2C-4 of this Code. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this day of 2018. Quentin Hart, Mayor ATTEST: CITY OF WATERLOO Council Communication An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter I Traffic Code, of Title 6 Motor Vehicles and Traffic,by adding Article 5 Officer Traffic Citation. City Council Meeting: 6/4/2018 Prepared: 5/24/2018 REVIEWERS: Department Reviewer Action Date Pcallce F)epaarfiT=1. l dcimlle, Keiiey pd)roved 5/16/.2018 ....4.29 PM ATTACHMENTS: Description Type Oudinaarac e as proposed 1:::1aac°kig) Materal Motion to receive; file and consider and pass for the second time an ordinance amending the 2007 Code of Ordinances of the City of Waterloo, SUBJECT: Iowa, by amending Chapter 1 Traffic Code, of Title 6 Motor Vehicles and Traffic, by adding Article 5 Officer Traffic Citation. Motion to suspend the rules. Motion to consider and pass for the thud time and adopt said ordinance. Submitted by: Submitted By: Bruce Jacobs, Ward 2 Councilperson Page 208 of 211 6-1-5: OFFICER TRAFFIC CITATION A. General: City police officers may issue OFFICER TRAFFIC CITATIONS to violators for citable violations of the city traffic code referred to in section 6-1-1, as set forth in subsection D of this section, in lieu of an Iowa Uniform Citation and Complaint, provided that none of the disqualifying criteria set forth in subsection E of this section are met. The process used to issue and maintain records for OFFICER TRAFFIC CITATIONS may be managed by the private contractor that owns and operates the requisite equipment, with supervisory control vested in the City's Police Department. B. Definitions: 1. OFFICER TRAFFIC CITATION: Shall mean a notice of fine generated in connection with this section. 2. OFFICER TRAFFIC ENFORCEMENT CONTRACTOR: Shall mean the company or entity, if any, with which the City of Waterloo contracts to provide equipment and/or services in connection with the officer traffic enforcement process. C. Notice Of Violation; Fine: 1. The OFFICER TRAFFIC CITATION will be served upon the violator upon contact by the officer observing the violation. The citation shall include the name and address of the violator; the vehicle make, if available and readily discernable, and registration number; the violation charged; the time; the date; and the location of the alleged violation; the applicable fine and monetary penalty which shall be assessed for late payment; information as to the availability of an administrative hearing in which the notice may be contested on its merits. 2. Any violation of this section shall be subject to a civil fine as established by resolution. All civil fines shall be payable to the City of Waterloo. D. Citable violations: 1. Any violation under city traffic code section 3842. E. Disqualifying Criteria: An OFFICER TRAFFIC CITATION shall not be issued under any of the following circumstances: Page 209 of 211 1. The violation arises in connection with a traffic accident in which a person has been injured. 2. The violator has no valid driver license. 3. The violator is operating while under the influence of alcohol or a controlled substance as defined by state law. 4. The violator has been convicted of, or pled guilty, no contest or the equivalent to, a traffic violation within the two years preceding the date of the violation being considered, as indicated by Iowa DOT or other state records. 5. The violator is unable to provide proof of insurance. F. Contesting an OFFICER TRAFFIC CITATION: A violator who has been issued an OFFICER TRAFFIC CITATION may contest the citation as follows: 1. By submitting in a form specified by the City a request for an administrative hearing to be held at the Waterloo Police Department before an Administrative Appeals Board (the "Board") consisting of one or more impartial fact finders. Such a request must be filed within thirty (30) days from the date on which the citation was received. After a hearing, the Board may either uphold or dismiss the citation, and shall mail its written decision within ten (10) days after the hearing, to the address provided on the request for hearing. If the citation is upheld, then the Board shall include in its written decision a date by which the fine must be paid, and on or before that date, the violator shall either pay the fine or submit a request pursuant to subsection F2 of this section. 2. By submitting in a form specified by the City a request that in lieu of the OFFICER TRAFFIC CITATION, a Municipal infraction citation be issued and filed with the Clerk of Courts of the Iowa District Court in Black Hawk County. Such a request must be filed within thirty (30) days from the date on which the citation was issued. Such a request will result in a court order requiring the violator to file an answer and appearance with the Clerk of Court, as well as setting the matter for trial before a Judge or Magistrate. If the court finds the violator guilty of the Municipal infraction, mandated court costs will be added to the amount of the fine imposed by this section. G. Failure To Timely Pay Or Appeal: If the recipient of an OFFICER TRAFFIC CITATION does not either pay the fine by the due date stated in the citation or appeal the citation as provided herein, a Municipal infraction may be filed by the Waterloo Police Department and a fine may be sought in accordance with section 6-1-1 of this chapter rather than subsection C of this section. If the court finds the vehicle owner Page 210 of 211 guilty of the violation, mandated court costs will be added to the amount of the fine imposed by this section. (Ord. 5411, 8-7-2017) Page 211 of 211