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Council Packet - 6/24/2019
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY COUNCIL CHAMBERS Monday, June 24, 2019 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) is sue 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 215 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Mayor Quentin Hart Agenda, as proposed or amended. Minutes of June 17, 2019, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving request from John Deere Waterloo Operations to hold its annual 5K run on Saturday, August 24, 2019 from 7:00 a.m. to 10:00 a.m., starting and finishing at the John Deere Tractor & Engine Museum, located at 500 Westfield Avenue, with barricades at Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield Avenue. Submitted By: Corbin Payne, Police Lieutenant 3. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $61,000, for property acquisitions in the MidPort area. Submitted By: Michelle Weidner, Chief Financial Officer 4. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $3,200, for right-of-way acquisitions and easements located in the East Waterloo Unified Urban Renewal Tax Increment Financing District in the Logan area. Submitted By: Michelle Weidner, Chief Financial Officer 5. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $98,200, for design services for Newell Street improvements in the Northeast Industrial Site area. Submitted By: Michelle Weidner, Chief Financial Officer 6. Resolution approving use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $500,000, for an economic development grant to Central Property Holdings, LLC to develop a grocery store located in the Logan area. Page 2 of 215 Submitted By: Michelle Weidner, Chief Financial Officer 7. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $13,800, for Airline Highway Sanitary Sewer design in the MidPort area. Submitted By: Michelle Weidner, Chief Financial Officer 8. Resolution authorizing the fund transfers outlined below to comply with state law: TO General Fund General Fund Debt Service Fund Debt Service Fund Debt Service Fund FROM Trust & Agency Fund Trust & Agency Fund Tax Increment Financing Fund Sewer Fund Iowa Reinvest District Fund AMOUNT $5,679,796.08 $634,150.80 PURPOSE Employee benefits Emergency levy $3,352,337.76 TIF share of General Obligation principal and Interest $3,080,117.76 Sewer share of General Obligation principal and interest Reimburse Debt Service Fund for reinvestment grant funds received planned to be used to pay principal for 2017C bond issue Reimburse General Fund for services provided by Main Street Reimburse General Fund for administrative expenses provided for TIF projects Reimburse General Fund for services provided by the Greater Cedar Valley Alliance ment $129,504.11 General Fund Tax Increment Financing Fund General Fund Tax Increment Financing Fund General Fund Tax Increment Financing Fund Capital Projects Fund Tax Increment Financing Fund Capital rojects Tax Increment Fund Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Projects Fund Tax Increment Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Tax Increment Projects Fund Financing fund Capital Tax Increment Projects Fund Financing Fund Capital Projects Fund Capital Projects Fund Capital Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment $40,000.00 $109,370.16 24,250.00 $558,241.58 $890.99 $285,362.00 $30,306.20 $15,901.47 San Marnan Ansborough Avenue improvements San Marnan administrative expenses Northeast Site property acquisitions Northeast Site Newell Street improvements Northeast Site land development expenses (surveying, wetlands delineation) $98,333.50 Northeast Site sanitary sewer construction $109,755.55 Northeast Site grading project $427.00 $42,161.85 $572,733.51 $30,000.00 Rath property acquisition Northeast Site administrative expenses Martin Road sanitary sewer easement acquisition Martin Road sanitary sewer and water main construction Page 3 of 215 ICroa t j cots Fund P Projects Fund F�'nancin c Fund ax Increment Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Projects Fund Tax Increment Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Projects Fund Capital Projects Fund Tax Increment Financing Fund Tax Increment Financing Fund Capital Tax increment Projects Fund ��Financing Fund Capital Projects Fund Tax increment Financing Fund Capital Tax Increment Improvements Financing Fund Fund $966.00 $89,974.00 Rath administrative expenses East Waterloo Unified - MidPort property acquisitions $117,065.11 'East Waterloo Unified - MidPort Leversee area development project East Waterloo Unified - MldPort Wagner Road sanitary sewer extension and grading East Waterloo Unified - MidPort Airline Highway sanitary sewer extension East Waterloo Unified - MidPort land development expenses (surveying, platting and Letter of Map Revisions) East Waterloo Unified - MidPort administrative expenses East Waterloo Unified - Logan KWWL development consulting expense East Waterloo Unified - Logan Historical Survey East Waterloo Unified - Logan Via Rail Rail Yard Public Safety Improvements $1,000,210.00 'East Waterloo Unified - Logan North Crossing property acquisition $27,368.74 $4,221.00 $18,321.99 $10,185.00 $109,952.00 $11,951.12 $18,046.10 Capital Tax Increment $5,560.77 Projects Fund Financing Fund Capital Tax Increment Projects Fund Financing fund Capital Tax Increment Projects Fund Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Tax Increment Projects Fund ��Financing Fund Capital Tax Increment Projects Fund Financing Fund $50,000.00 $150,000.00 $2,289.70 $630.67 $150,000.00 East Waterloo Unified - Logan property acquisition East Waterloo Unified - Logan consulting services East Waterloo Unified - Logan All -In Grocers development incentive payment East Waterloo Unified - Logan administrative expenses Downtown Single Speed project Downtown Cedar Valley Real Estate development incentive payment Submitted By: Michelle Weidner, Chief Financial Officer 9. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $78,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Main Street Waterloo. Submitted By: Michelle Weidner, Chief Financial Officer 10. Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $15,000 for the year ending June 30, 2019 to finance administrative expenses. Submitted By: Michelle Weidner, Chief Financial Officer Page 4of215 11. Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 ilEl?fililtWI*1.10kfiglY1/96N-CFbhief Financial Officer 12. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $42,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Submitted By: Michelle Weidner, Chief Financial Officer 13. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 to finance administrative expenses. Submitted By: Michelle Weidner, Chief Financial Officer 14. Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $35,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Submitted By: Michelle Weidner, Chief Financial Officer 15. Resolution approving the use of East Waterloo Unified (Midport) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $59,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Submitted By: Michelle Weidner, Chief Financial Officer 16. Resolution setting date of public hearing as July 15, 2019, to authorize the sale and conveyance of property located east of 1994 Newell Street, to OF! Properties, LLC, (ConTrol), in the amount of $1.00, and to approve a Development Agreement with grant funds and tax rebates, and Minimum Assessment Agreement, for the development of a 203,953 square foot building, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director 17. Resolution setting date of public hearing as July 8, 2019 to approve the request by DGOGWaterlooia10032018 LLC (Dollar General) of West Plains, Missouri, for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, instructing the City Clerk to publish notice, and rescinding Ordinance No. 5496 in its entirety. Submitted By: Noel Anderson, Community Planning and Development Director 18. Resolution setting date of public hearing as July 8, 2019 to approve the request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, instructing the City Clerk to publish notice, and rescinding Ordinance No. 5497 in its entirety. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Lt. Bose and Sgt. Richter Class/Meeting: SWAT Command Decision Making and Leadership I School Destination: Ames, IA Dates: July 22-26, 2019 Amount not to exceed: $2,375 b. Lt. Duncan Page 5 of 215 Class/Meeting: Advanced Polygraph School Destination: Cape Coral, FL Dates: July 21-27, 2019 Amount not to exceed: $2,915 c. Airport Maintenance/ARFF Staff Class/Meeting: Airport Wildlife Training Destination: Waterloo Regional Airport Dates: July 12, 2019 Amount not to exceed: $500 2. LIQUOR LICENSES a. The American Legion, 728 Commercial Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/14/2020 b. Benevolent & Protective Order of Elks #290, 407 E. Park Avenue Class: C Liquor w/Outdoor Service and Catering Renewal Application Includes Sunday Expiration Date: 6/30/2020 c. Black Hawk Tennis Club, 1005 Black Hawk Road Class: B Beer w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 5/31/2020 d. Dollar General Store #7136, 66 E. Tower Park Drive Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 2/29/2020 e. Metro Fuel #4, 2332 Falls Avenue Class: C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 6/30/2020 f. Old Skool Lounge, 120 Sumner Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 7/5/2020 g. Yesway Store #10022, 1976 Franklin Street Class: C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 7/12/2020 3. APPOINTMENTS a. Rosalyn Middleton Board/Commission: MET Transit Board Expiration Date: June 30, 2022 Re -Appointment b. Arlene Humble Page 6 of 215 Board/Commission: Airport Board Expiration Date: June 30. 2023 Re -Appointment 4. Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit A. 5. Bonds. RESOLUTIONS 2. Resolution approving a 2.5 percent salary increase for non -bargaining employees, effective July 1, 2019. Submitted By: Lance Dunn, Human Resources Director 3. Resolution approving partial release of $241,049 in net revenue earned from automated traffic enforcement cameras to be used in the FYE2020 budget. Submitted By: Michelle Weidner, Chief Financial Officer 4. Resolution approving renewal of general, automobile, public official's errors & omissions, law enforcement and employment practices liability coverage with Travelers Insurance; excess liability coverage with Allied World; umbrella liability coverage with Brit, and property insurance coverage with Chubb, for a total premium of $1,680,461, with recommendation of approval from the Insurance Committee. Submitted By: Kelley Felchle, City Clerk 5. Resolution approving an agreement between the Waterloo Regional Airport and Livingston Aviation, Inc., for a five (5) year Non -Signatory Air Cargo -Only Aircraft Landing Fee Agreement, for the period July 1, 2019 through June 30, 2024, and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director 6. Resolution approving Supplemental Agreement No. 1 to a Lease Agreement with the Federal Aviation Administration, extending the term to lease the general office and storage space located in the Airline Passenger Terminal Building, effective July 1, 2019 through June 30, 2020, and authorize the Mayor to execute said document. Submitted By: Keith Kaspari, Airport Director 7. Resolution approving an Acquisition Contract with Cedar Valley Tech Works, Inc., in the amount of $1.00, to acquire 2,725 square feet of right-of-way and 582 square feet of temporary easement for the Jefferson Street and Commercial Street Streetscape Improvements Project, located on Lot 4 and Tract G of Techworks Addition, between Westfield Avenue and Commercial Street, and authorize the Mayor to execute said documents. Submitted By: Aric Schroeder, City Planner 8. Resolution approving an Acquisition Contract with Metropolitan Transit Authority, in the amount of $4,970.80, to acquire 1,140 square feet of right-of-way and 1,027 square feet of temporary easement for the Jefferson Street and Commercial Street Streetscape Improvements Project, located on Lot 28 of Auditor's Falls Avenue and MuIlan Avenue Plat, between Westfield Avenue and W. MuIlan Avenue, and authorize the Mayor to execute said documents. Submitted By: Aric Schroeder, City Planner Page 7 of 215 9. Resolution approving the payment to Grow Cedar Valley (formerly Greater Cedar Valley Alliance) in the amount of $60,750, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution approving an Amendment to a Development Agreement between CJ E Properties, Green Development, and the City of Waterloo, Iowa, changing the completion date of homes to be renovated, and deeding back a lot to the City of Waterloo that was not used for new construction, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 11. Resolution approving an Early Access Agreement with Professional Lawn Care, LLC, of Waterloo, Iowa, to allow earth -moving activities in preparation of development of the site north of 3488 Wagner Road, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 12. Resolution approving an Affidavit for release of property sale for an approved project in the Development Agreement with Residential Development Partners, LLC, and authorize the Community Planning and Development Director to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 13. Resolution approving Amendment No. 1 to the Professional Services Agreement with Ritland+Kuiper Landscape Architects for final design documents and construction related services for Jefferson and Commercial Streets (River Road to 3rd Street) in Downtown Waterloo, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director ORDINANCES 14. Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner - Casper Avenue from Upland Drive - east side of Casper Avenue in a southerly direction. Motion to receive, file, consider and pass for the second time an Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner - Casper Avenue from Upland Drive - east side of Casper Avenue in a southerly direction. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Sandie Greco, Traffic Superintendent OTHER COUNCIL BUSINESS 15. Motion approving denial of a Recycling Yard License application for Kevin's Auto & Truck, 953 Fulton Street, expiration April 30, 2019, for failure to provide a bond and failure to allow access for a site inspection. 16. Motion approving denial of a Recycling Yard License application for Litzkow Auto Recyclers, 1720 Black Hawk Road, expiration April 30, 2019, for failure to provide a bond, application fee, and access for a site inspection. ADJOURNMENT Page 8 of 215 Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:05 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Housing Authority Board minutes of May 20, 2019. 2. Waterloo Housing Authority Board Special Meeting minutes of June 10, 2019. 3. Community Development Board Meeting minutes of May 2019. Page 9 of 215 CITY OF WATERLOO Council Communication Minutes of June 17, 2019, Regular Session, as proposed. City Council Meeting: 6/24/2019 Prepared: REVIEWERS: Department Reviewer Clerk Office Jligby, Ndmy ATTACHMENTS: Description D Mi utes of I ne 17 Submitted by: Submitted By: Action Date Approved 6/17/2019 12:40 PM Type 1113' ckt atrial Page 10 of 215 June 17, 2019 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, June 17, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Dave Zellhoefer, City Attorney 146425 - Schmitt/Juon that the Agenda, as proposed, for the Regular Session on Monday, June 17, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146426 - Schmitt/Juon that the Minutes, as proposed, for the Regular Session on Monday, June 10, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, commented that he read an article in the Courier that the city is going to loan money to the Crossroads TIF, and he does not understand why funds would be moved and requested an explanation. Michelle Weidner, Chief Financial Officer, explained that the Crossroads TIF is a new urban renewal area in the city and property values are not being maintained at a steady level in the TIF. Because other parts of the TIF are in decline it is difficult to maintain incentives offered through development agreements. The general fund is to temporarily advance as the businesses are holding up their end of the deal. Mrs. Klein encouraged everyone in the community to fill out the air service survey on the Grow Cedar Valley website. 146427 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146428 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated June 17, 2019, in the amount of $1,736,459.15 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2019-446. 2. Resolution approving the request of KBBG-FM to hold their annual Community Parade on August 17, 2019 from 10:00 a.m. to 12:00 noon, with the parade participants utilizing E. 4th, Donald, Sumner, and Linden Streets, and ending at Ferguson Field. Resolution adopted and upon approval by Mayor assigned No. 2019-447. 3. Resolution approving the request of Husein Latic for tax exemptions on the construction of home improvements valued at $40,000, for property located at 1002 Williston Avenue, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2019-448. Page 11 of 215 June 17, 2019 Page 2 2. 4. Resolution approving the request of Amber Willenburg for tax exemptions on the construction of a new single family home valued at $287,545, for property located at 4432 Charm Drive, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-449. 5. Resolution approving the request of Michael J. Carroll for tax exemptions on the construction of a new single family home valued at $369,772, for property located at 1322 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2019-450. 6. Resolution approving specifications, form of contract, etc., setting the date of bid opening as June 27, 2019 and date of public hearing as July 1, 2019, in conjunction with the Riverloop Public Market Fire Suppression Project, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-451. 7. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as July 11, 2019 and date of public hearing as July 15, 2019, for the FY 2020 Digester No. 3 Lid Removal, Contract 982, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-452. 8. Resolution approving an Affidavit for release of property sale for an approved project in the Development Agreement with Residential Partners Development Partners, LLC, and authorize the Community Planning and Development Director to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2019-453. b. Motion to approve the following: a. b. c. d. e. f. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Broadway Liquor, 821 Broadway Street B Wine / C Beer / E Liquor Renewal 6/10/2020 x Highway 63 Diner, 3030 Marnie Road C Liquor Renewal 6/29/2020 x Kwik Star #722, 1214 Franklin Street C Beer Renewal 7/21/2020 x Kwik Star #724, 1105 Cedar Bend Drive B Native Wine / C Beer Renewal 7/21/2020 x Walgreen's #7455, 111 W. Ridgeway B Wine / C Beer / E Liquor Renewal 6/16/2020 x Walgreen's #10855, 1850 Logan Avenue B Wine / C Beer / E Liquor Renewal 6/16/2020 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Camarion Campbell Community Development Board June 18, 2022 New Glenn Behrends Plumbing Board June 13, 2022 Re -Appointment Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS Page 12 of 215 June 17, 2019 Page 3 146429 - Schmitt/Amos that proof of publication of notice of public hearing on State Revolving Fund (SRF) Loan Environmental Public Notice, as published in the Waterloo Courier on May 17, 2019, 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. David Dryer, 3145 W. 4th Street, requested an overview of the item. Jamie Knutson, City Engineer, provided an overview of the State Revolving Fund and the project. 146430 - Schmitt/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146431 - Schmitt/Amos that "Resolution authorizing to proceed and transmit comments received", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-454. 146432 - Morrissey/Feuss that proof of publication of notice of public hearing on Property Exchange Agreement for the sale and conveyance of City owned property in the amount of $1.00, for two lots southeast of 55 Franklin Street, and acquisition of the Salvation Army building located at 415 E. 7th Street, in the amount of $200,000, as published in the Waterloo Courier on June 7, 2019, 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. David Dryer, 3145 W. 4th Street, questioned why the city is selling the land for $1.00 and paying Salvation Army $200,000. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Forrest Dillavou, 1725 Huntington Road, questioned if the building is move -in ready or in need of costly repairs. Noel Anderson explained that both police and building department personnel have inspected the building and have bond funds in place to make any improvements necessary for the changes to make the building usable. 146433 - Morrissey/Feuss that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146434 - Morrissey/Feuss that "Resolution approving the Property Exchange Agreement with the Salvation Army, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Six. Abstain: One (Schmitt as he sits on the Salvation Army Board). Motion carried. Mrs. Klein commented that she is concerned about adding property when the council is waiting to receive the building audit and has other city properties in desperate need of repair. She further questioned the need for additional storage. Dan Trelka, Chief of Police, explained that storage is currently kept at barn 10 at Cattle Congress. It is costing the city more to provide security at cattle congress than the cost of the renting the facility. Page 13 of 215 June 17, 2019 Page 4 Many of the vehicles are being damaged by mold and vermin and need to be cleaned and returned to the owner in the same condition as when they were received. Adding the storage facility would improve the safety and storage of the facility. Mrs. Juon questioned if Cattle Congress would start paying for security if the city moved storage. Mr. Jacobs questioned the estimated renovation costs for the buildings. Dan Trelka explained that many of the employees have the skills to make the improvements. Resolution adopted and upon approval by Mayor assigned No. 2019-455. 146435 - Morrissey/Feuss that "Resolution approving the sale and conveyance of City owned property in the amount of $1.00, for two lots located southeast of 55 Franklin Street, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Six. Abstain: One (Schmitt as he sits on the Salvation Army Board). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-456. 146436 - Morrissey/Feuss that "Resolution approving acquisition of the Salvation Army building located at 415 E. 7th Street, in the amount of $200,000, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll -call vote -Ayes: Six. Abstain: One (Schmitt as he sits on the Salvation Army Board). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-457. RESOLUTIONS 146437 - Klein/Amos that "Resolution approving award of Hotel/Motel Tax Council Discretionary Funds to the Waterloo Homecoming Association in the amount of $8,500, Leisure Services Golf in the amount of $12,000, Waterloo Cultural & Arts in the amount of $23,718, the Jesse Cosby Neighborhood Center in the amount of $8,500, Waterloo Police Department Event Overtime in the amount of $30,000, the Waterloo Memorial Hall Commission in the amount of $2,000, the North End Cultural Center in the amount of $4,500, Waterloo Leisure Services - SportsPlex in the amount of $10,000, and the Waterloo Municipal Band in the amount of $20,000", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the SportsPlex request. Paul Huting, Leisure Services Director, explained that the funds requested are for marketing. Resolution adopted and upon approval by Mayor assigned No. 2019-458. 146438 - Klein/Amos that "Resolution approving Hoing-Rice Memorial Softball Complex Improvements Project and authorizing Waterloo Softball Association and Build our Ballpark grant application submission to Black Hawk County Gaming Association in the amount of $65,000", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-459. 146439 - Klein/Amos that "Resolution approving the Home Investment Partnership Program Consortium Cooperation Agreement with the City of Cedar Falls, Iowa, for the period of July 1, 2019 to June 30, 2022, and Page 14 of 215 June 17, 2019 Page 5 authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-460. 146440 - Amos/Morrissey that "Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with Ovivo of Salt Lake City, Utah, in an amount not to exceed $2,450, for travel expenses in conjunction with the removal of Digester No. 3 lid, 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. 2019-461. 146441 - Amos/Morrissey that "Resolution approving Amendment No. 2 to the General Services Agreement with Strand Associates of Madison, Wisconsin, in an amount not to exceed $15,000, in conjunction with the Wastewater Treatment Facilities Planning and Nutrient Reduction Study and Operations Assistance, and amending the completion schedule to July 30, 2019, 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. 2019-462. 146442 - Amos/Morrissey that "Resolution approving a Professional Services Agreement with Vandewalle and Associates for fiscal year 2020, in the amount of $72,000, for continued work on downtown Waterloo planning efforts, redevelopment design, riverfront development, and funding opportunities, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned what value Vandewalle and Associates provides to the city. Noel Anderson provided an overview of the services provided by Vandewalle and Associates. Mr. Morrissey requested an update on services provided by Vandewalle and Associates. Mayor Hart requested a work session by Vandewalle and Associates. Mr. Schmitt requested an annual work session prior to approving this annual contract. Resolution adopted and upon approval by Mayor assigned No. 2019-463. 146443 - Schmitt/Amos that "Resolution approving a Professional Service Agreement with I & S Group, Inc., of Waterloo, Iowa, in an amount not to exceed $36,000, in conjunction with the Five Sullivan Brothers Convention Center Penthouse/Chiller and miscellaneous renovations, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-464. 146444 - Schmitt/Amos that "Resolution approving an Escrow Agreement with DGOGWaterlooial0032018, LLC, (Dollar General) for city owned property located near the northeast corner of Idaho Street and Martin Luther King, Jr. Drive, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned the truck routes that will be used to the facility. Page 15 of 215 June 17, 2019 Page 6 Noel Anderson explained that truck traffic would be using the I-380 corridor to either Elk Run Road or going to downtown using Martin Luther King Jr. Drive as their service point to the site. Resolution adopted and upon approval by Mayor assigned No. 2019-465. ORDINANCES 146445 - Morrissey/Feuss that "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, to approve a request by the DGOGWaterlooial0032018, LLC, (Dollar General) of West Plains, Missouri, for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store, located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection", be received, placed on file, considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5496. 146446 - Feuss/Morrissey that "an Ordinance approving a request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5497. 146447 - Amos/Morrissey that "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 northwest of 4455 Remington Road", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Abstain One (Jacobs due to business reasons). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5498. 146448 - Schmitt/Amos that "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, to approve a request by MMS Consultants, Inc., on behalf of the City of Waterloo, for a Site Plan Amendment to the "M -2,P" Planned Industrial District for the construction of 416,678 square feet of warehouse, office, and maintenance buildings, located east of 1994 Newell Street", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Abstain One (Jacobs due to business reasons). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5499. 146449 - Morrissey/Feuss that "an Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner - Casper Avenue from Upland Drive - East side of Casper Avenue in a southerly direction", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 146450 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Klein and Schmitt). Motion failed. OTHER COUNCIL BUSINESS Page 16 of 215 June 17, 2019 Page 7 146451 - Amos/Morrissey that Change Order No. 3 for a net decrease in the amount of $1,844.48, to Cardinal Construction of Waterloo, Iowa, in conjunction with the Riverfront Stadium Group Seating Project, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 146452 - Amos/Morrissey that Change Order No. 2 in the amount of $27,244.96, in conjunction with the Waterloo Waste Water Treatment Plant Remedial Actions Phase IIIB, Contract No. 949, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 146453 - Feuss/Morrissey that Change Order No. 1 for a net decrease of $26,275.04, in conjunction with the 2018 Remedial Action Phase IIIB Project, Contract No. 949, be received, placed on file and approved. Voice vote - Ayes: Seven. Motion carried. 146454 - Feuss/Morrissey that Change Order No. 1 for a net increase of $152,832.50, in conjunction with the FY 2019 Cattle Congress Sanitary Sewer Force Main Repair, Contract No. 985, and authorize the Mayor and City Clerk to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Jamie Knutson, City Engineer, provided an overview of the change order. ADJOURNMENT 146455 - Feuss/Morrissey that the Council adjourn at 6:12 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 17 of 215 CITY OF WATERLOO Council Communication Resolution approving request from John Deere Waterloo Operations to hold its August 24, 2019 from 7:00 a.m. to 10:00 a.m., starting and finishing at the John Museum, located at 500 Westfield Avenue, with barricades at Westfield Avenue Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Jefferson Street and Westfield Avenue. City Council Meeting: 6/24/2019 Prepared: 6/14/2018 REVIEWERS: Department P oIicc Depart em m (leak 0 Mmee ATTACHMENTS: Description D J Oh fi. c:CrC S i : SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer P yin c, Co mFil I mg ...my, N a rm. cy Action . proved. Approved Type ,_.,over Memo annual 5K run on Saturday, Deere Tractor & Engine and W. Commercial Street, Commercial Street, and W. D ate 6/ I 4/2 . i ,,,,,,, :07 A, M 6/17/21 9 I :36 P M Resolution approving request from John Deere Waterloo Operations to hold its annual 5K run on Saturday, August 24, 2019 from 7:00 a.m. to 10:00 a.m., starting and finishing at the John Deere Tractor & Engine Museum, located at 500 Westfield Avenue, with barricades at Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield Avenue. Submitted By: Corbin Payne, Police Lieutenant Approve Request This is an annual event which is going to highlight John Deere and the Tractor Museum in downtown Waterloo. The route requires minimal traffic control and the committee has agreed to pay up to $500 for intersection control at the problematic intersections. Cost associated with placing and retrieving barricades and traffic c o ntro l cost if it exceeds the $500. General and Event Organizer None Page 18 of 215 John Deere 6725 Cedar Heights Dr Cedar Falls, IA 50613 Phone: 319-292-6261 E-mail: NevinRyan@JohnDeere.com Ryan Nevin System Engineer, Legacy Software 13 June 2019 Captain David Mohlis Waterloo Police Captain 715 Mulberry Street Waterloo, IA 50702 Captain Mohlis, The John Deere Waterloo Operations 5K committee would like to hold our annual event at the John Deere Tractor & Engine Museum; 500 Westfield Ave, Waterloo, IA 50701. We have previously hosted two successful 5K run/walks at our John Deere Tractor & Engine Museum for our employees and the Cedar Valley community. The course map is attached for you review. The route is a 5K (3.1 mile) loop starting and finishing in the John Deere Tractor & Engine Museum parking lot. The proposed start time is Saturday August 24th at 7:30am with a Kid's race then 8:OOam for the 5K. Turn by turn directions: Clockwise • Start at JD Museum north parking lot entrance • Turn left (south) on to Commercial St. • Turn right (west) on to Westfield Ave. • Turn right (northeast) on to River Rd (intersection of Westfield Ave./W. Conger St. and Ansborough Ave./River Rd.) • Continue straight (southeast) on River Rd. • At the intersection of River Rd./W. Commercial St. turn right (southwest) on to Commercial St. • Finish at JD Museum north parking lot entrance. Waterloo Police Dept support on this course was top notch last year and we would like to continue our relationship. If you have any additional input and recommendations, please provide. Our suggestions for police support and John Deere barricades/volunteers are listed below. Police support intersections: • Westfield Ave./W. Conger St. and Ansborough Ave./River Rd. • W. Commercial St. and River Rd • Fletcher/Westfield Ave Barricade and a volunteer intersections: • Westfield Ave. and W Commercial St. • Westfield Ave. and Fletcher Ave. • River Rd. and W. Commercial St. • Duryea / Westfield Ave We also propose a volunteer water table on River Rd. just before the two-mile mark; there is a driveway into the Drive Train Operations there. Thank you for your time and consideration. We look forward to hearing from you and planning a successful and safe race. Page 19 of 215 Proposed course: 1,11,1)),111111111,1,11,11111,.,, • •• '''11111 ' 1"1 1,111 1111.11,11,1, 1111111111111111111111 1,11,1,11,11111101111111,111ovi 111,11,41111111,11 l000 Start and finish at the back„ of the rniu„seumi p 4 iice Prese ce, Cityof Waterloo barricades JD entrances JD securi voi nteers iiD barricade JD 5K Race Parking Hotel a 1d part ,ients wi1I ot be interfere ith) Water Statio H Page 20 of 215 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing D is tric t funds, in an amount not to exceed $61,000, for property acquisitions in the MidPort area. City Council Meeting: 6/24/2019 Prepared: 6/14/2019 REVIEWERS: Department nee Clerk Office ATTACHMENTS: Description M .f=otAMA Acq. SUBJECT: Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Reviewer Action Date Weidner, M ichAe A Py r . ved 6/14/2.( orb N an cy Approved 6/1 I/2(: Type Cover Mc r Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $61,000, for property acquisitions in the MidPort area. Recommended Action: Planning has requested that Council approve a resolution authorizing the us e of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for property acqusitions in the MidPort area. Expenditure Required: Not to exceed $61,000. Source of Funds: Tax increment in the East Waterloo Unified Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. 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 cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 21 of 215 Mayor QUEN11N HART COUNCIL MEMB ERS a.i00,,roorposoo•nocie MARGARET KLEIN I Vard BRUCE JACOB S filard 2 PATRICK MORRISSEY Ward 3 E R OM E AMOS, TR, Ward 4 RAY FELTS S Ward 5 SHARON (JON At -Large STEVE SOTO ITT At -Large .11 4240 „ ,W0111110,111,0111111,1 Y C AMA,. 4,1,9001..11111.1,11.001.1, 101, 10' r. T 715 Mulberry St. 0 Waterloo, IA 50703 0 Phone (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE Cio Clerk MICHELLE WEIDNER, CPA 0 Chiqf Financial Officer Council Communication City Council Meeting: June 24, 2019 Prepared: June 19, 2019 Dept. Head Signature: Michelle C. Weidner Number of Attachments: 1 SUBJECT: Approval of use of Tax increment Funds for development in the East Waterloo U ified Tax increment Fi ancing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified (MidPort) Tax Incre ent Financing fund for the acquisition of property generally located in the East Waterloo Unified TIF District in amount not to exceed $61,000. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Not to exceed $61,000 Tax Increment in East Waterloo Unified Urban Renewal Area N/A Background Information: Under current Tax Increment Fina cing (TF) law, in order to make ayments for this project from a tax increment financing district without issuing bonds, the city is re. uired 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 bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 22 of 215 RESOLUTION N. 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 (Midport)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 area: and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2019-97 adopted on February 18, 2019, approved and authorized execution of a Real Estate Purchase Agreement between the City of Waterloo, as Buyer, and AMA. Real Estate LLC, as Seller, related to theSeller's real property located generally in the East Waterloo Unified Urban Renewal Area, which property Will be included in the future development of the 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, 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 $61,000, including closing costs. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1.Purs ant 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. 1 Page 23 of 215 Section 2. It is hereby directed that an amount not to exceed $61,000 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 , 2019. Mayor ATTEST: City Clerk Page 24 of 215 CIG-3 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; 1 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. WITTINESS my hand and the seal of said Municipality hereto affixed this day of, 20 . SEAL DOR ELL1569667.11Ms ar \11310.000 City Clerk, Waterloo, Iowa Page 25 of 215 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $3,200, for right-of-way acquisitions and easements located in the East Waterloo Unified Urban Renewal Tax Increment Financing District in the Logan area. City Council Meeting: 6/24/2019 Prepared: 6/14/2019 REVIEWERS: Department '�lmmc Clerk. Office ATTACHMENTS: Description , Ogan ROW Acq SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Alternative: Background Information: Reviewer Weidner, Ni is �w; e hgby, Nancy Action Apprved. Approved Type Cover Memo D ate 6/14„20 6/17/20 9—, M 8 P M Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $3,200, for right-of-way acquisitions and easements located in the East Waterloo Unified Urban Renewal Tax Increment Financing District in the Logan area. Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested the use of East Waterloo Unified Tax Increment revenue to acquire right-of-way and easements adjacent to 1850 Logan. Not to exceed $3,200. Tax increment in the East Waterloo Unified Urban Renewal Area. 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 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 26 of 215 Mayor QUENTIN HART COUNCIL ME ERS 41R., 0 • • ti t 1,11,1 MARGARET KLEIN IVard .1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, IR. - Word 4 RAY MUSS Ward 5 SHARON 3UON At -Large STEVE SC1'11\4117 At -Large NAN 44,4,14,04,44,44.41,041,0144,444444, 11! CITYC E in AH F11 IL1i RATLNII 715 Mulberry St. 0 'Waterloo, IA 50703 0 Phone (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE 0 City Clerk MICHELLE WEIDNER, CPA 0 Chief Financial gfficer Council Communication City Council Meeting: June 24, 2019 Prepared: June 19, 2019 Dept. Head Signature: Michelle C. Weidner Number of Attachments: 1 SUBJECT: Approval of use of Taxi crement Funds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified (Logan) Urban Renewal Tax Increment Financing funds for the partial acquisition of rig t -of -way and temporary easement adjacent to 1850 Logan Avenue in an amount not to exceed $3,200. Summary Statement: Expenditure Required: Not to exceed $3,200 Source of Fun Policy Issue: Alternative: S: Tax Increment in East Waterloo Unified Urban Renewal Area NIA 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 fun's 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 bond attorney for that purpose. WERE WORKING FOR YOU! An Equal Opportunity/Affirmative Adion Employer Page 27 of 215 RESOLUTION N. 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 (Logan) 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 area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2019-275 adopted on April 22, 2019, approved and authorized the partial acquisition of right-of-way and temporary easement from Realty Income Properties 31, LLC, in the amount of $3,200; (the "Projects'); 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 $3,200, 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. 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 28 of 215 Section 2. It is hereby directed that $3,299 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 , 2019. ATTEST: City Clerk -2 Mayor Page 29 of 215 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 sane 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; 1 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. WITNE S my hand and the seal of said Municipality hereto affixed this day of, 20 . SEAL D O TELL/ 569667,1 f S ord\11310.000 City Clerk, Waterloo, Iowa Page 30 of 215 CITY OF WATERLOO Council Communication Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $98,200, for design services for Newell Street improvements in the Northeast Industrial Site area. City Council Meeting: 6/24/2019 Prepared: 6/14/2019 REVIEWERS: Department '�lmme Clerk Office ATTACHMENTS: Description D NE Site Ne e SUBJECT: Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Reviewer Action Date v VVeid r�er, 1Mici elle .p:pr- ved„ 6/14/20 gy, Nancy A pproved 6/17/20 g Type Cover Memo 9—, M 8 P M Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $98,200, for design services for Newell Street improvements in the Northeast Industrial Site area. Recommended Action: Planning has requested that Council approve a resolution authorizing the us e of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds for design services for Newell Street improvements. Expenditure Required: Not to exceed $98,200. S ource of Funds : Tax increment in Northeast Industrial Site TIF District. Alternative: The City could use general obligation bonds for the development. 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 cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 31 of 215 A fayor QUENTIN HART COUNCI", MEMBERS **O. itkos MARGARET KLEIN Ward .1 BRUCE „JACOB S Ward 2 PKERICK MORRIS SEY Wdrd 3 JEROME Amos, JR. Wiird 4 RAY .FLITS S fVard 5 SHARON MON At -Large STEVE. SCHMITT At -Large 1111111, 715 Mulberry St. 1111111 " 1111111' 100,11„„ c Waterloo, IA 51703 Phone (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE City Clerk MICHELLE WEIDNER, CPA Chief Financial Officer Council Communication City Council Meeting: June 24, 2019 Prepared: June 18, 2019 Dept. Head Signature: Michelle C. Weidner umber of Attachments: SUBJECT: Approval of use of Tax Increment Funds for development in the Northeast Site Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolutio approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $98,200 for a professional services agreement with MMS Consultants, Inc. for design services for improvements to Newell Street, Summary Statement Expenditure Required: Not to exceed $98,200 Source of Funds: Tax increment in NE Site Urban Renewal Area Policy Issue: N/A Alternative: ackground Information: As you are aware, the City as contracted with MMS Consultants, Inc. to provide services in the Northeast Industrial Site Urban Renewal Area. 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 Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 32 of 215 RESOLUTION N. 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 design services for future development of the Northeast Site Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2019-225 adopted on April 8, 2019, a Professional Services Agreement with MMS Consultants, Inc. for design services for improvements to Newell Street within 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 $98,200, including administrative expenses. 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. Page 33 of 215 Section 2. It is hereby directed that an amount not to exceed $98,200 be advanced from time to time from the General Fund in order to pay the costs of the Project. The advance shall be 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 , 2019. Mayor ATTEST: City Clerk Page 34 of 215 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 sane 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; 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 , 2 . SEAL DCOI ELL/ 569667.1 fM word\11310 000 City Clerk, Waterloo, Iowa Page 35 of 215 CITY OF WATERLOO Council Communication Resolution approving use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $500,000, for an economic development grant to Central Property Holdings, LLC to develop a grocery store located in the Logan area. City Council Meeting: 6/24/2019 Prepared: 6/14/2019 REVIEWERS: Department Reviewer Action Date m. .. v 1 in. nee Weidner, M.i.. celle Appr(ved„ 6/14/20 Clerk, Office igi Nancy Approved, 6/17/20 ATTACHMENTS: Description D :.._,Ogan Central P mflo 11 i SUBJECT: Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Type Cover Memo 9—, M 8 PM Resolution approving use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $500,000, for an economic development grant to Central Property Holdings, LLC to develop a grocery store located in the Logan area. Recommended Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Tax Increment revenue for an economic development grant to Central Property Holdings, LLC for the development of a grocery store.. Expenditure Required: Not to exceed $500,000. S ource of Funds : Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general obligation bonds for the development. 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 cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 36 of 215 Mayor QUENTIN HART COUNCIL ME i.ERS MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME ANIDS, IR. - Ward 4 RAY FEUSS Ward 3 SFTARON JUON At -Large STVE, 1ThrFT Aft -Large F (1 w " ...amu....nbmnmmmnmdaam.a.ffe..kkm. , CITY CLERK AF FAHC DEPART EMT 715 Mulberry 8t. 0 Waterloo, IA 50703 0 Phone (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE 0 City Clerk MICHELLE WEIDNER, CPA 0 Chiqf Financial Qfficer Council Communication City Council Meeting: Pre .ared: Dept. Head Signature: Number of Attachments: SUBJECT: June 24, 2019 June 19, 2019 Michelle C. Weidner 1 Approval of use of Tax increment Fu ds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District Submitted by: Mc elle C. Weidner, Chief Financial Officer Recommen • ed City Council Action: Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified Urban Renewal Tax Increment Financing funds for a grant to Central Property Holdings, LLC to develop a grocery store locates in the East Waterloo Unified (Logan) TIF district in an amount not to exceed $500,000. Summary Statement: Expenditure Required: Not to exceed $500,000 Source of Funds: Tax increment in East Waterloo Unified Urban Renewal Area Policy Issue: N/A Alternative: Background Information: Under current Tax Increment Financing (T1F) in order to make payments for this project from a taxi crement financing district without issuing bonds, the city is required to advance the funds from the Capital Improvements Fund and then repay that adva ce using the cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. WE'RE WORKNG FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 37 of 215 RESOLUTION N. 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 (Logan) 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 area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution 2018-716 adopted on September 24, 2018, approved and authorized execution a grant in the amount of $500,000 to Central Property Holdings, LLC to develop a grocery store in the 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 Proj Section 2. It is hereby directed that $500,000 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 , 2019. ATTEST: City Clerk _2 Mayor Page 39 of 215 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; f 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 SEAL DCOR ELL/ 569667.1 IMSWordUU x310.000 City Clerk, Waterloo, Iowa Page 40 of 215 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing D is tric t funds, in an amount not to exceed $13,800, for Airline Highway Sanitary S ewer design in the MidPort area. City Council Meeting: 6/24/2019 Prepared: 6/14/2019 REVIEWERS: Department Reviewer Action Date 1, in once Weidner, Mich Ae Appr . ved 6/ 11/2 C�. v .erc: Office gb , Nancy Approved 6/1 7 2( ATTACHMENTS: Description D Aa °hhe SUBJECT: Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Type Cover Mc r Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed S13,800, for Airline Highway Sanitary Sewer design in the MidPort area. Recommended Action: Planning has requested that Council approve a resolution authorizing the us e of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds for sanitary sewer design services in the MidPort area. Expenditure Required: Not to exceed $13,800. S ource of Funds : Tax increment in the East Waterloo Unified Urban Renewal TIF District. Alternative: The City could use general obligation bonds for the development. 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 cash from the Tax Increment Financing Fund. The enclosed resolution format has been drafted by our bond attorney for that purpose. Page 41of215 Alapor QUENTIN HAR'f COUNCIL MEMBERS 41 MARGARET TURIN Ward 1 BRUCE, JA„COBS Ward 2' PATRICK MORRISSEY :Ward 3 JEROME AMOS, JR. Ward 4 RAY .FEUSS Ward 5 SHARON JUON STEVE SCHMITT At -,Large 40:11110,110.1000,11,11,ARNIN01,10,01410,99,14,1,,,,,,,,,,,,,N40,,,,,,,,,,PO4.7,11101111141111,11.1.11111,11,11111.11,,,,j111111.1111111,1,1,111,11,11,11.1,1,,,,,,,,, ;111,4, 715 Mulberry St. Waterloo, IA 50703 Phone (319) 291-4323 Fax (319) 291-4571 K RILEY FE LCH I,F Cio,, Clerk MICHELLE WEI NER, CPA Chief' Financial Officer Council Communication City Council Meeting: Prepared: De, t. Head Signature: Number of Attachments: SUBJECT: June 24, 2019 June 18, 2019 Michelle C. Weidner 1 Approval of use of Tax Increment Funds for develop, ent in the East Waterloo Unified Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has req ested that Council approve a resolution authorizing the use of East Waterloo Unified Tax Increme t Financing funds to pay Clapsaddle-Garber Associates, Inc. for engineering design services withi the Midport Industrial Park in an amount not to exceed $13,800. Summary Statement: Expenditure Required: Not to exceed $13,800 Source of Funds: Tax Increment in East: Waterbo Unified Urban Renewal District Policy issue: NIA Alternative: ackground Information: Under current Tax Increment Financing (TT) 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 for at has been drafted by our bon mg attorney for that purpose. 110 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 42 of 215 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 (Midport)Urban Renewal Area. (the "Urban Renewal Area") and is undertaking design services for the future development of the area; and WHEREAS, in furtherance thereof , the City Council has heretofore, by Resolution 2019-278 adopted on April 22, 2019, approved and authorized a professional services agreement with Clapsaddle-Garber Associates, Inc. for design services in conjunction with the Airline Highway Sanitary Sewer Extension within the Midport Industrial Park; 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, 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 $13,800. NOW, THEREFORE, RE, 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 an amount not to exceed $13,800 shall be advanced from time to time from the Capital Improvements Fund in order to pay the -1- Page 43 of 215 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 , 2019. ATTEST: City Clerk -2 Mayor Page 44 of 215 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 ofsaid Municipality hereto affixed this day of, 20 . SEAL D ORN LL/ 569667.1 NI ord 11310.000 City Clerk, Waterloo, Iowa Page 45 of 215 CITY OF WATERLOO Council Communication Resolution Authorizing Fund Transfers. City Council Meeting: 6/24/2019 Prepared: 6/18/2019 REVIEWERS: Department Finance Clerk Office Reviewer \Weidner, M. ichelle Even, 1..,(w Ann. Action A.ppr ved Approved Date 6/19/2 6/19/20 Resolution authorizing the fund transfers outlined below to comply with state law: TO FROM General Fund Trust & Agency Fund General Fund Trust & Agency Fund Debt Service Tax Increment Fund Financing Fund Debt Service Fund Debt Service Fund General Fund General Fund General Fund Capital Projects Fund Capital rojects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Prniertc Fund Sewer Fund Iowa Reinvestment District Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financinor fihnd AMOUNT $5,679,796.08 $634,150.80 $3,352,337.76 $3,080,117.76 $129,504.11 $40,000.00 $109,370.16 $24,250.00 $558,241.58 $890.99 $285,362.00 $30,306.20 $15,901.47 $98,333.50 $109,755.55 PURPOSE Employee benefits Emergency levy AAl„1„ 5.0 TIF share of General Obligation principal and Interest Sewer share of General Obligation principal and interest Reimburse Debt Service Fund for reinvestment grant funds received planned to be used to pay principal for 2017C bond is sue Reimburse General Fund for services provided by Main Street Reimburse General Fund for administrative expenses provided for TIF projects Reimburse General Fund for services provided by the Greater Cedar Valley Allianc e San Maman Ansborough Avenue improvements San Maman administrative expenses Northeast Site property acquisitions Northeast Site Newell Street improvements Northeast Site land development expenses (surveying, wetlands delineation) Northeast Site sanitary sewer construction Northeast Site grading project Page 46 of 215 Capital Tax Increment Projects Fund Financing Fund Capital Projects Fund Capital SUBJECT: Projects Fund Capital .. .. .. .. .. .. .. .. .. Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Capital Projects Fund Submitted by: Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Tax Increment Financing Fund Capital Tax Increment Projects Fund ���Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Tax Increment Projects Fund ���Financing Fund Capital Tax increment Projects Fund Financing Fund Capital Tax increment Projects Fund Financing Fund Capital Tax Increment Improvements ���Financing Fund Fund Capital Tax Increment Projects Fund ���Financing Fund Capital Tax Increment Projects Fund ���Financing fund Capital Tax Increment Projects Fund ���Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Tax Increment Projects Fund Financing Fund Capital Tax Increment Projects Fund Financing Fund $427.00 $42,161.85 $572,733.51 $30,000.00 $966.00 $89,974.00 $117,065.11 $27,368.74 $4,221.00 $18,321.99 $10,185.00 $109,952.00 $11,951.12 $18,046.10 $1,000,210.00 $5,560.77 $50,000.00 $150,000.00 $2,289.70. . . $630.67 $150,000.00 Northeast Site administrative expenses Martin Road sanitary s ewer easement acquisition Martin Road sanitary sewer and water main construction Rathert ro p p y acquisition q isition Rath administrative expenses East Waterloo Unified - MidPort property acquisitions East Waterloo Unified - MidPort Leversee area development project East Waterloo Unified - MIdP ort Wagner Road sanitary sewer extension and grading East Waterloo Unified - MidPort Airline Highway sanitary sewer extens io n East Waterloo Unified - MidPort land development expenses (surveying, platting and Letter of Map Revisions) East Waterloo Unified - MidPort administrative expenses East Waterloo Unified - Logan KWWL development consulting expense East Waterloo Unified - Logan Historical Survey East Waterloo Unified - Logan Via Rail Rail Yard Public Safety Improvements East Waterloo Unified - Logan North Crossing property acquisition East Waterloo Unified - Logan property acquisition East Waterloo Unified - Logan consulting services East Waterloo Unified - Logan All -In Grocers development incentive payment East Waterloo Unified - Logan administrative exp ens e s Downtown S in le Speed project g p Downtown Cedar Valley Real Estate development incentive payment Submitted By: Michelle Weidner, Chief Financial Officer Page 47 of 215 Recommended Action: 1. Authorizing the transfer of $5,679,796.08 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for eligible employee benefits expenses. The tax levy for the fiscal year ending June 30, 2019 included a portion for employee benefits that is deposited to the trust fund (Fund 200) when collected, and is subsequently available for transfer to the general fund to reimburse the general fund for employee benefits. Under state law, amounts received for the employee benefits levy are required to be deposited into the separate Trust & Agency fund and transferred to the general fund for eligible expenses. There is a printout of expenses that qualms to be paid by this levy available in my office for your review. 2 . Authorizing the transfer of $634,150.80 from Fund 200, Trust & Agency Fund to Fund 010, General Fund to reimburse the general fund for the amount of the emergency levy received. Under state law, amounts received for the emergency levy are required to be deposited into the separate Trust & Agency fund and transferred to the general fund for eligible expenses. 3 . Authorizing the transfer of $3,352,337.76 from Fund 101, Tax Increment Financing Fund to Fund 100, Debt Service Fund for the TIF portions of general obligation bond principal and interest paid during the fiscal year ending June 30, 2019. Under state law, TIF revenue collected that is used to make debt service payments on general obligation bonds for TIF projects must be received into the TIF fund and transferred to the debt service fund. 4 . Authorizing the transfer of $3,080,117.76 from Fund 520, S ewer Fund to Fund 100, Debt Service Fund. This transfer is for the sewer fund portion of general obligation bond principal and interest paid during the fiscal year ending June 30, 2019. Under state law, sewer revenue collected that is used to make debt service payments on general obligation bonds for sewer projects must be received into the sewer fund and transferred to the debt service fund. 5 . Authorizing the transfer of $40,000.00 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010, to reimburse contract expenses paid by the General Fund for the contract with Main Street. Under state law, project expenses allocated to TIF revenue must be spent from the general fund and the TIF revenue transferred to the general fund as reimbursement for the amounts spent. 6 . Authorizing the transfer of $109,370.16 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010 to reimburse economic development administrative expenses paid by the General Fund. Under state law, project expenses allocated to TIF revenue must be spent from the general fund and the TIF revenue transferred to the general fund as reimbursement for the amounts spent. 7 . Authorizing the transfer of $24,250.00 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010, to reimburse contract exp ens e s paid by the General Fund for the Greater Cedar Valley Affiance contracts. Under state law, project expenses allocated to TIF revenue must be spent from the general fund and the TIF revenue transferred to the general fund as reimbursement for the amounts spent. Page 48 of 215 Policy Issue: 8 . Authorizing the transfer of $3,510,855.55 from Fund 101, Tax Increment Financing Fund to Fund 426, Capital Improvements Fund to reimburse amounts paid for various projects in the TIF districts as outlined above. Under state law, TIF revenue collected that is used directly for TIF projects must be received into the TIF fund and transferred to the capital projects fund. These transfers are made to comply with state law and council's direction regarding sources of payment for various expenses. Page 49 of 215 CITY OF WATERLOO Council Communication Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $78,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Main Street Waterloo. City Council Meeting: 6/24/2019 Prepared: 6/17/2019 REVIEWERS: Department Reviewer Action Date v ' in e vVeid ner, ic.. elle . p:pr(ved„ 6/1 8/20 Clerk. Office Ilitighy,Nancy Approved, 6/1 9/20 ATTACHMENTS: Description SUBJECT: Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Type Cover 1\4 creno 9—, 5 A M Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $78,000 for the year ending June 30, 2019 to finance administrative exp ens e s and the c o ntrac t with Main Street Waterloo. Recommended Action: Planning has requested that Council approve a resolution authorizing the us e of Downtown Tax Increment Financing funds in an amount not to exceed $78,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Main Street Waterloo. Expenditure Required: Not to exceed $78,000. S ource of Funds : Tax increment in the Downtown Urban Renewal Area. Alternative: The City could use general city funds for the development. 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 cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 50 of 215 Mayor QUENTIN H A RT 0°'"0000000 11111111,11 ,1111110l 11111111111111 1,111,1411,,,,,Iiii111110111010, 715 Mulberry St. 00,10, rrok, 11100 100 01 r,11, 11, ,00 Waterloo, IA 50703 Phone (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE City Clerk MICHELLE WEIDNER, CPA Chief Fhtancial Qtficer Council Communication City Council Meeting: Ju e 24, 2019 COUNCIL Prepared: June 18, 2019 MEMBERS Dept. Head Signature: Michelle C. Weidner eirkeem000•Oes. Number of Attachments: 1 MARGARET KLEIN Ward I SUBJECT: BRUCE JACOB V(ird 2 Submitted by: Approval of use of Tax Increment Funds for development in the Downtown Urban Renewal Area Tax increment Financing District Michelle C. Weidner, Chief Financial Officer PATRICK MORRISSEY I Vard 3 Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the se of Downtown Urban Renewal Area Tax Increment JEROME Financing funds in a amount not to exceed $78,000 for the year ended June 30, 2019 to AMOS, JR. finance salaries, administrative expenses and the contract with Mai Street Waterloo. Ward 4 RAY Summary Statement: FDA S IVard 5 Expenditure Required: Not to exceed $78,000 SHARON MON Source of Funds: Tax Increment in Downtown Urban Renewal Area At -Large Policy Issue: N/A STEVE SCHMITT. Alternative: At -Large Background Information: As you are aware, the City has contracted with Main Street Waterloo to provide services to businesses located in the Downtown Urban Renewal Area. Under current Tax Increment Financing (IF) 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 Capital Improvements F nd and then repay that advance using the cas from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU. An Equal Opportunity/Affirmative Action Employer Page 51 of 215 RESOLUTION N. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DOWNTOWN URBAN RENEWAL TAX INREMENT 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 marketing the area for future development of the Downtown Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized an agreement with Main Street Waterloo to provide services in the Downtown Urban Renewal Area (the "Project"); in addition to approving authorized salaries and administrative expenses for economic development purposes; 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 $78,000 for the fiscal year ending June 30, 2019, including salaries, administrative expenses and the contract with Main Street Waterloo. NOW, , THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 5085 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 an amount not to exceed $78,000 be advanced from time to time from the General Fund and Capital Improvements Fund in Page 52 of 215 order to pay the costs of the Project. The advance shall be treated as an internal loan from the General Fund and Capital Improvements Fund and shall be repaid 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 , 2019. Mayor ATTEST: City Clerk Page 53 of 215 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; 1 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_. SEAL DCORNEW 569667.1 NISWord111310.000 City Clerk, Waterloo, Iowa Page 54 of 215 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $15,000 for the year ending June 30, 2019 to finance administrative expenses City Council Meeting: 6/24/2019 Prepared: 6/18/2019 REVIEWERS: Department Reviewer Action Date v ' in nee Weidner,Ni i.. celle . p:pr-ved„ 6/18/20 Clerk. Office Ilitighy,Nancy Approved, 6/19/20 ATTACHMENTS: Description Type s WIOo 1 Jo :mm . di.mil .... Nv E 19 Cover Memo SUBJECT: Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer 5 5AM Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $15,000 for the year ending June 30, 2019 to finance administrative expenses. Recommended Action: Planning has requested that Council approve a resolution authorizing the us e of East Waterloo Unified (Logan area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $15,000 for the year ending June 30, 2019 to finance administrative expenses. Expenditure Required: Not to exceed $15,000. S ource of Funds : Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general city funds for the development. 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 cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 55 of 215 Mayor QUENTIN HART COUNCIL MEMBERS 0.11.01.0.61,11,104.1.0.11, MARCiARET KLEIN Mini/ 13RUCE JACOBS Wartl 2 PATRICK MORRIS S E Ward 3 JE3tOME AMOS, IR. Ward 4 RAY PLUS'S Ward 5 SHARON JOON At-Large STEVE SCHMITT At-Large .11,4 Mdk. 4'1,11A, 6!? 1, $1, ©TY CL( rf 0), ri'MAN 715 Mulberry St. 0 Waterloo, IA 50703 0 Phone (319) 291-4323 Fax (310) 2914571 KELLEY FELCHLE o City Clerk MICHELLE VVEIDNER CPA 0 Chief Financial Offia:w L AR 111 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: June 24, 2019 June 18, 2019 Michelle C. Weidner Approval of use of Tax Increment Funds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommeneed City Council Action: Planning has requested that the City Council adopt a resolution approving the use of East Waterloo Unified (Logan) Urban Renewal Tax Increment Fina cing funds in an amount not to exceed $15,000 for the year ensed June 30, 2019 to finance salaries and administrative expenses. Summary Statement: Expenditure Required: Not to exceed $15,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal District Policy Issue: Alternative: N/A 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 Fu d and Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. WERE WORKING FOR YOU, An Equal Opportunity/Affirmative Action Employer Page 56 of 215 RESOLUTION NO. RESOLUTION APPROVING I 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 (Logan) Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized administrative expenses for economic development purposes within the East Waterloo Unified (Logan) 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 $15,000 for the year ending June 30, 2019, including salaries and administrative expenses. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section I. Pursuant to Ordinance No. 5323 there has been established the East Waterloo Unified 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 57 of 215 Section 2. It is hereby directed that $15,000 be advanced from time to time from the General Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from. the General Fund and Capital Improvements Fund and shall be repaid 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 COUT\ICIL COUNCILOF THE CITY OF WATERLOO, IOWA, this day of , 2019. Mayor ATTEST: City Clerk Page 58 of 215 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 sane 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 . SEAL City Clerk, Waterloo, Iowa Page 59 of 215 CITY OF WATERLOO Council Communication Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 to finance administrative expenses. City Council Meeting: 6/24/2019 Prepared: 6/17/2019 REVIEWERS: Department Reviewer Action Date Finance Weidner, MichAe A Py r . ved 6/18/29 Clerk v C�er c: Office hce ; . y, Nancy Approved 6/1912( v 5 AM. ATTACHMENTS: Description Type D Mr r f tn I ...oad A, �r "SII.,, i s Adv ]If:, YE 19 cover Mc r SUBJECT: Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 to finance administrative exp ens e s . Recommended Action: Planning has requested that Council approve a resolution authorizing the us e of Martin Road Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 to finance administrative expenses. Expenditure Required: Not to exceed $12,000. S o urc e of Funds : Tax increment in the Martin Road Urban Renewal Area. Alternative: The City could use general city funds for the development. 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 cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 60 of 215 ..11,layor QU...ENTIN .HART IP 715 Mulberry St. 1111 11111,1 ,11111111 1111111,i T Waterloo, IA 50703 Phone (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE City Clerk MICHELLE WEIDNER, CPA Chie Financial Officer Council Communication City Council Meeting: June 24, 2019 couNcil, Prepared: June18, 2019 MEMBERS Dept. Head Signature: Michelle C. Weidner a 0. *SA 1611,6,1 a OM 0 0 MARGARET KLEIN tVard SUBJECT: Number of Attachments: BRUCE JACOBS Illard 2 Submitted by: Ap 'royal of use of Tax increment Funds for development in t e Martin Road Urban Renewal Area Tax Increment Financing District Michelle C. Weidner, Chief Financial Officer PATRICK MORRISSEY Mira! 3 Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of Martin Road Urban Renewal JEROM1'," Area Tax Increment Fina cing funds in an amount not to exceed $12,000 AMOS, TR. for the year ended June 30, 2019 to finance salaries and administrative Ivan,/ / expenses. RAY FEUSS iVard 5 Summary Statement: SI-MR(3N Expenditure Required: JUON At -Large Source of Funds: STEVE Policy Issue: SCHM1TT At -Large Alternative: Not to exceed $12,000 Tax Increment in Martin Road Urban Renewal Area N/A 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 fro the General Fund and Capital Improvements Fund and then repay that advance using t e cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. WE'RE 'WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 61 of 215 RESOLUTION NO. RESOLUTION APPROVING Y ING 1 ADVANCE F FUNDS FOR REPAYMENT FROM THE MARTIN ROAD 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 Martin Road 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 Martin Road Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized administrative expenses for economic development purposes within the Martin Road 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 $12,000 for the year ending June 30, 2019, including salaries and administrative expenses. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows. Section I. Pursuant to Ordinance No. 5249 there has been established the Martin Road Urban Renewal Area. Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Martin Road 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 $12,000 be advanced from time to time from the General Fund and Capital Improvements Fund in order to pay w 1 i Page 62 of 215 the costs of the Project. The advance shall be treated as an internal loan from the General Fund and Capital Improvements Fund and shall be repaid 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 , 2019. ATTEST: City Clerk 2 Mayor Page 63 of 215 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 sane 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 . SEAL City Clerk, Waterloo, Iowa Page 64 of 215 CITY OF WATERLOO Council Communication Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $42,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Affiance). City Council Meeting: 6/24/2019 Prepared: 6/18/2019 REVIEWERS: Department c Clerk Office Reviewer Action Date v VVeid ner, 1Mici elle . p:pr- ved„ 6/18/20 gby, Nancy A pproved 6/1 9/20 ATTACHMENTS: Description D NE h e .. d mn m 4 1 iv II!, 19 Type Cover 1\4creno 9—, :56 A M Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $42,000 for SUBJECT: the year ending June 30, 2019 to fmance administrative exp ens es and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the us e of Northeast Industrial Site Tax Increment Financing funds in an amount not Recommended Action: to exceed $42,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Expenditure Required: Not to exceed $42,000. Source of Funds: Tax increment in the Northeast Industrial Site Urban Renewal Area. Alternative: The City could use general city funds for the development. 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 cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 65 of 215 Alayor QU NTIN HART COUNCIL MEMBERS eiboreibolomiosioraiii.uno MARGARET KLEIN Ward BRUCE JACOBS Wal.d 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, YR. Ward 4 RAY FEUSS Ward SHARON JUON At -Large STEVE scrimmr At-Lalge ir ,1111.401,160 vv 1111,001020gaii,PRONE.C11,261041417,86,...21,1011WUNA111....61,0MENENIMIUSIV.....222116111111,..9.11.U.SIEN11101.11BIN.1.16,21010 .WINEIMMMIIMENSINEONNIiMIINW.E22221,210ZESEEM.01111111.10.1111211.111WANITIUMIIIIIIMMIPM018110,41,,,,,MangEOGNIa.vd I1 (7 715 Mulberry St. Waterloo, IA 50703 • Phone (319) 291-4323 Fax (319) 291 4571 KELLEY FELCHLE of, City Clerk MICHELLE WEIDNER, CPA Chief Financial Officer Council Communication City Council Meeting: Pre sared: Dept. Head Signature: Number of Attachments: SUBJECT: June 24, 2019 June 18, 2019 Michelle C. Weidner Approval of use of Tax increment Funds for development in the Northeast Site Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $42,000 for the year ended June 30, 2019 to finance salaries, administrative expenses and the contract with GROW Cedar Valley. Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Not to exceed $42,000 Tax Increment in NE Site Urban Renewal Area N/A Background Information: As you are aware, the City has contracted with the Greater Cedar Valley Alliance to provide services to businesses located in the Northeast Industrial Site Urban Renewal Area. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax incre ent financing district without issuing bonds, the city is required to advance the funds from the General Fund and Capital Improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our .ond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 66 of 215 RESOLUTION N. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE NORTHEAST INDUSTRIAL SITE URBAN RENEWAL TAX INCREMENT ENT 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 marketing the area for future development of the Northeast Site Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized administrative expenses for economic development purposes within the Northeast Industrial Site Urban Renewal Area, including the contract with GROW Cedar Valley (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 $42,600 for the fiscal year ending June 30, 2019, including salaries, administrative expenses and the contract with GROW Cedar Valley. 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. Page 67 of 215 Section 2. It is hereby directed that an amount not to exceed $42,000 be advanced from time to time from. the General Fund in order to pay the costs of the Project. The advance shall be 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 , 2019. Mayor ATTEST: City Clerk Page 68 of 215 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 sane 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; 1 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 . SEAL DCORNELL/ 569667.1. / M war 111310.000 City Clerk, Waterloo, Iowa Page 69 of 215 CITY OF WATERLOO Council Communication Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 to finance administrative exp ens es . City Council Meeting: 6/24/2019 Prepared: 6/17/2019 REVIEWERS: Department inrnee Clerk Office Reviewer Action Date Weidner, M iche c A Py r . ved 6/1 /2. 1.9 v ,, ;by, N.ancy Approved 6/1 9 )0: 1.9, 9:56 A.M. ATTACHMENTS: Description DRath Adm ir X1 v i:.a Y 19 SUBJECT: Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Type Cover Mc r Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 to finance administrative expenses. Recommended Action: Planning has requested that Council approve a resolution authorizing the us e of Rath Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 to finance administrative expenses. Expenditure Required: Not to exceed $12,000. Source of Funds: Tax increment in the Rath Urban Renewal Area. Alternative: The City could use general city funds for the development. 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 cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 70 of 215 A fayor QU ENTIN HART COUNCIL, MEMBERS, MARGARET Ward I BRUCE JACOBS Ward 2' PATRICK MORRISSEY tliani 3 JEROME, AMOS, JR. tVard 4 RAY FEUSS Ward 5 SHARON JUON At -Large STEVE SCHMITT At -Large 715 Mulberry St. 111,'Itt „,1101,1,111 )111 1011 11,01111,1„ Waterloo, IA 50703 Phone (319) 291- 323 Fax (319) 291-4571 KELLEY FELCH1,,7, CO? Clerk MICHELLE WEI NER, CPA Chief Financial Officer Council Communication City Council Meeting: June 24, 2019 Prepared: June 18, 2019 Dept. Head Signature: Michelle C. Weidner Number of Attachments: SUBJECT: Approval of use of Tax Increment Funds for development in the Rath Urban Renewal Area Tax Increment Financing District Submitted by: Michelle C. Weidner, Chief Fi ancial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ended June 30, 2019 to finance salaries and administrative expenses. Summary Statement: Expenditure Required: Not to exceed $12,000 Source of Funds: Tax Increment in Rath Unified Urban Renewal Area 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 General Fund and the Capital improvements Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attorney for that purpose. WE'RE WORKING FOR YOU! An Equal Opponunity/Affitmative Aao Employer Page 71 of 215 RE S ETI N NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE RATH URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 40119 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 marketing the area for future development of the Rath Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized administrative expenses for economic development purposes within 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; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed 12,000 for the year ending June 30, 2019, including salaries and administrative expenses. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. 4949 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 an amount not to exceed $12,000 be advanced from time to time from the General Fund and Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan -1- Page 72 of 215 from the General Fund and Capital Improvements Fund and shall be repaid 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 OU I IL OF THE CITY OF WATERLOO, IOWA, this day of , 2019. Mayor ATTEST: City Clerk Page 73 of 215 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 SEAL D O ELL/ 569667.1 RvISWord\11310.000 City Clerk, Waterloo, Iowa Page 74 of 215 CITY OF WATERLOO Council Communication Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $35,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Affiance). City Council Meeting: 6/24/2019 Prepared: 6/18/2019 REVIEWERS: Department 'mmlme Clerk. Office Reviewer Action Date v "VVeid ner, M ichd. ..e . p:pr- ved„ 6/1 8/20 gy, Nancy A pproved 6/19/20 ATTACHMENTS: Description Type D San Maman F .v F¥E19 Cover 1\4emo :56 Resolution approving the use of San Marnan Urban Renewal Area Tax SUBJECT• Increment Financing funds in an amount not to exceed $35,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Affiance). Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the us e of San Marnan Tax Increment Financing funds in an amount not to exceed Recommended Action: $35,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Affiance). Expenditure Required: Not to exceed $35,000. S o urc e of Funds : Tax increment in the San Marnan Urban Renewal Area. Alternative: The City could use general city funds for the development. 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 cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 75 of 215 Mayor QUENTIN HART COUNCIL MEM ERS • P lip • 111, I V 11, MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS,JR. Ward 4 RAY MUSS Ward 5 SHARON JUON At-! arge. STEVE SCHMITT At -Large ..11010 Vil. .2.MMY ' • TV ©LJ 1E FllACE DA TflIINT 715 Mulberry St, 0 Waterloo, IA 50703 a Phone (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE a GO Clerk MICHELLE WEIDNER CPA 0 Chief Financial Veer Council Communication City Council Meeting: June 24, 2019 Frepared: June 18, 2019 Dept. Head Signature: Michelle C. Weidner Number of Attachments: SUBJECT: Submitted by: Approval of use of Tax Increment Funds for development in the San Marnan Tax Increment Financing District Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has re uested t at the City Council adopt a resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $35,000 for the year ended June 30, 2019 to finance salaries, administrative expenses and the contract with GROW Cedar Valley. Summary Statement: Expenditure Required: Not to exceed $35,000 Source of Funds: Policy Issue: Alternative: Tax Increment in San Marnan Urban Renewal Area None Background Information: As you are aware, the City has contracted with the Greater Cedar Valley Alliance to provide services to businesses located in t e San Marnan Urban Renewal Area. 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 Ca sital Improvements Fund and then repay that advance usi g the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bond attor ey for that purpose. WE'RE WORKING FOR YOU! An Equal Opporiunitythifirmative Action Employer Page 76 of 215 RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE SAN IVIARNAN 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 Areas") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development of the San Marnan Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized administrative expenses for economic development purposes within the San Mannan Urban Renewal Area, including the contract with GROW Cedar Valley (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 $35,000 for the fiscal year ending June 30, 2019, including salaries, administrative expenses and the contract with GROW Cedar Valley. 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 Marian Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the San Mannan 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 77 of 215 Section 2. It is hereby directed that an amount not to exceed $35,000 be advanced from time to time from the General Fund and Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the General Fund and Capital Improvements 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 , 2019. Mayor ATTEST: City Clerk Page 78 of 215 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 SEAL DCORNELL/ 569667.1 MS ord\11310.000 City Clerk, Waterloo, Iowa Page 79 of 215 CITY OF WATERLOO Council Communication Resolution approving the use of East Waterloo Unified (Midport) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $59,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Affiance). City Council Meeting: 6/24/2019 Prepared: 6/18/2019 REVIEWERS: Department Reviewer Action Date v ' in m. e vVeid ner, is elle . p:pr(ved„ 6/18/20 Clerk. Office Ilitighy,Nancy Approved, 6/1 9/20 ATTACHMENTS: Description D ast W Oo SUBJECT: .dv ]If: " ]E:19 Type Cover Memo Resolution approving the use of East Waterloo Unified (Midport) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $59,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Planning has requested that Council approve a resolution authorizing the use of East Waterloo Unified (MidPort area) Urban Renewal Area Tax Recommended Action: Increment Financing funds in an amount not to exceed $59,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Expenditure Required: Not to exceed $59,000. S o urc e of Funds : Tax increment in the East Waterloo Unified Urban Renewal Area. Alternative: The City could use general city funds for the development. 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 cash from the Tax Increment Financing Fund. The resolution format has been drafted by our bond attorney for that purpose. Page 80 of 215 Mayor QU EN TIN ART J .4, ',WA., WA. 'ADAWRANSURIMAXIMI are, R,In CITY C ERZ A F A IM rE DE 715 Mulberry St, 0 Waterloo, IA 50703 0 Phone (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE Civ Clerk MICHELLE WEIDNER, CPA 0 Chief Financial Qffleer Council Communication City Council Meeting: COUNCIL Prepared: MEMBERS Dept. Head Signature: 11.0140411,0011•1164.110400.0 MARGARET KLEIN ward BRUCE JAC013 S ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, IR. Ward 4 RAY I'EirS3 Werd 5 SHARON jUON At -Large STEVE, SCHMITT At -Large Number of Attachments: SUBJECT: Submitted by: June 24, 2019 June 18, 2019 Michelle C. Weidner 1 Approval of use of Tax Increment Funds for development in the East Waterloo Unified Urban Renewal Tax Increment Financing District Michelle C. Weidner, Chief Financial Officer Recommended City Council Action: Planning has requested that the City Council adopt a resolution approvin the use of East Waterloo Unified (Midport) Urban Renewal Tax Increment Financing funds in an amount not to exceed 59,000 for the year ended June 30, 2019 to finance administrative expenses and the contract with GROW Cedar Valley. Summary Statement: Expenditure Required: Not to exceed $59,000 Source of Funds: Tax Increment in East Waterloo Unified Urban Renewal District Policy Issue: N/A Alternative: 1101 Background Information: As you are aware, the City has contracted with the Greater Cedar Valley Alliance to provide services to businesses located in the East Waterloo Unified Midport Urban Renewal District. 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 bond attorney for that purpose. WE'RE WOR 1 G FOR YOU! An Equal ,OpportunitAffirmative Action Employer Page 81 of 215 RESOLUTION N. RESOLUTION APPROVING AN ADVANCE A 1' FUNDS FOR REPAYMENT FROM THE EAST WATERLOO UNIFIED URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 40119 WHEREAS, the City of Waterloo, Iowa has established the East Waterloo Unified (Midport)Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development; and WHEREAS, in furtherance thereof the City Council has heretofore approved and authorized administrative expenses for economic development purposes within the East Waterloo Unified (Midport) Urban Renewal Area, including the contract with GROW Cedar Valley (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 $59,000 for the year ending June 30, 2019, including salaries, administrative expenses, and the contract with GROW Cedar Valley. 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 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 82 of 215 Section 2. It is hereby directed that $59,000 be advanced from time to time from the General Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the General Fund and Capital Improvements Fund and shall be repaid to the General Fund and Capital Improvements ements 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 , 2019. ATTEST: City Clerk -2 Mayor Page 83 of 215 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 natter 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; f 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 . SEAL City Clerk, Waterloo, Iowa Page 84 of 215 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 15, 2019, to authorize the sale and conveyance of property located east of 1994 Newell Street, to OFI Properties, LLC, (ConTrol), in the amount of $1.00, and to approve a Development Agreement with grant funds and tax rebates, and Minimum Assessment Agreement, for the development of a 203,953 square foot building, and instruct City Clerk to publish said notice. City Council Meeting: 6/24/2019 Prepared: 6/19/2019 REVIEWERS: Department Reviewer Action Date Planning & " on ochroeder, Aric e 9 Ckr : Office .10HIligby, Nancy Approved 6/19/2019 ,,,,,, AM ATTACHMENTS: Description Type D Cori''Twro . DA. C,/over Mo SUBJECT: Submitted by: Resolution setting date of public hearing as July 15, 2019, to authorize the sale and conveyance of p ro p erty located east of 1994 Newell Street, to O F I Properties, LLC, (ConTrol), in the amount of $1.00, and to approve a Development Agreement with grant funds and tax rebates, and Minimum Assessment Agreement, for the development of a 203,953 square foot building, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Set date of hearing The City of Waterloo is working with ConTrol for a large industrial development project in the Northeast Industrial Park area. This project would give land for $1.00, tax rebates over an 8-10 year period, and a grant Summa Statement: of approximately $1.5 million to accommodate poor soil conditions in the area. The project would raise the assessed value of the area from $102,270 to $11.5 million. Expenditure Required: $1,545,000 Source of Funds: Northeast TIF and bond funds Policy Issue: Economic Development Alternative: Not approve The City of Waterloo acquired the site for this project from the Waterloo Page 85 of 215 Background Information: Industrial Development Association (WIDA) in 2004. In the early 90's WIDA worked to acquire many p arc els of land for industrial development, in partnership with the City of Waterloo. The City has recently extended water and s ewer and graded this site for industrial development in 2016-2017. That activity of making the site more "shovel ready" helped attract ConTrol for another expansion project in the Waterloo community. ConTrol has been in the Waterloo since thwe early 2000's, and built a 70,000 sq. ft. facility in 2006, and a 17,600 sq. ft. facility in 2011. This current project will bring a Phase I project of over 200,000 sq. ft., and eventual phases bringing over 400,000 s q . ft. The Development Agreement outlines the City's help through free land, tax rebates at 50% for 8 years, plus an additional 2 years at 35% if infrastructure needs to be relocated for the project. There is also a grant of $1.5 million for the project assistance, due to poor soil conditions of the site cuasing extra cost for the development of the site. Legal Descriptions: See attached Page 86 of 215 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 Name Address City (319) 234.5701 Phone DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2019, by and between (the "Developer"), (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. Developer is willing and able to finance and undertake construction and/or rehabilitation of buildings and related improvements on property located in the Northeast Industrial Area Urban Renewal and Redevelopment Plan area and legally described on Exhibit "A" 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 Developer for the sum of $1.00 (the "Purchase Price") within thirty (30) days after approval of this Agreement by City, which conveyance shall occur no later than August 15, 2019 (the "Closing"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record as set forth in an amended Deed of Dedication as Page 87 of 215 DEVELOPMENT AGREEMENT Page 2 provided in Section 2 (b) future real estate real property taxes and assessments arising after the date of Closing; (c) general utility and right-of-way easements serving the Property and of record; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Notwithstanding the foregoing, City shall have no duty to convey title to Developer until Developer delivers to City reasonable and satisfactory proof of Developer's financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Developer shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer (such time period not to exceed thirty (30) days), Developer may terminate this Agreement, and shall have no obligation to accept title to the Property or otherwise perform under this Agreement. City shall promptly provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Improvements by Developer. Developer shall construct a building consisting of approximately 203,953, square feet, and related landscaping, sidewalks, signage and parking improvements (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state and federal building codes, storm water regulations, and the Deed of Dedication for the Northeast Industrial Park Plat. It is contemplated that the value added by the Improvements will, upon completion, result in an assessed value of no less than $11,500,000.00. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Developer's or Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". Developer will be responsible to pay all applicable Project permitting fees, including but not limited to building permit fees, inspection fees (e.g., foundation, building, plumbing, heating, electrical, and plan reviews) and site plan amendment fees. City will waive the connection charges for water and sewer service. 2.1. City Activities to Aid Development. A. City agrees to amend the Deed of Dedication for the Northeast Industrial Park Plat as set forth on Exhibit "C" attached hereto, to modify the requirements for outside storage yards and related screening. In addition, if City requires any offsite infrastructure improvements, such as turn lanes, in connection with the Project, City will undertake such improvements at its sole expense and will not levy a special assessment against the Property to recover such expenses. B. Subject to the terms of this paragraph, the City of Waterloo will provide a grant of $1,515,000 to assist in building an improved "pad -ready" building site, suitable for new construction and permanent structures. City will pay the grant to the fee owner of the Property, whether it be Developer or Company, as appropriate. The grantee agrees to use the grant funds to defray Page 88 of 215 DEVELOPMENT AGREEMENT Page 3 Project costs related to correction of poor soil conditions that have been identified, including related expenses for associated general conditions, design costs, construction fees, and development fees. Payment will be made upon the last to occur of (i) July 31, 2020, or (ii) thirty (30) days after issuance of a certificate of occupancy for the Improvements. By mutual written agreement of City's Community Planning and Development Director, Chief Financial Officer and Company, City may pay up to an additional $30,000 in grant funds, but any additional grant amount above $30,000 will require approval by the Waterloo City Council. C. The City shall provide, at its sole expense, a topographical survey of the Property and a preliminary plat and final plat (in substantial accordance with the site plan), subdividing the Property from adjacent property to be retained by the City. In connection with platting, the City may declare certain covenants and restrictions that are consistent with those applicable to adjacent subdivisions previously platted by the City. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer'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 Developer and that without said commitment, the City would not do so. Developer must begin construction of the Improvements before September 1, 2019, and must substantially complete said Improvements by September 30, 2020. If Developer has not, in good faith, begun the construction of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun within the stated period but the development of the Project is still imminent, the City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. Any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay. If, after commencement of construction, construction is not completed by the Project Completion Date, as the same may be extended, then Developer shall buy out City's right of reverter of title by paying to City an amount equal to the fair market value of the Property in an unimproved condition as determined by mutually agreeable appraisal or the average of each party's appraised value. Said buy- out price shall be paid within thirty (30) days after determination of the fair market value. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, Page 89 of 215 DEVELOPMENT AGREEMENT Page 4 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, or encumbrance arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances against the Property. Developer further agrees that it shall indemnify City and hold it harmless with respect to any lien, claim, charge, or encumbrance on or against the Property or any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. Notwithstanding the foregoing, Developer shall have no liability or responsibility to release any easements for utilities on the Property or other easements in furtherance of the development thereof. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason for a period of one year. 5. Property Tax Rebates. Provided that Developer has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 10, and subject to annual appropriation by the city council, the City agrees to rebate property taxes (with the exceptions noted below) as follows: 50% rebate for each of Years One through Eight, inclusive, for any taxable value over the January 1, 2018 value of $102,270.00. Rebates are payable in respect of a given year only to the extent that Developer has actually paid general property taxes due and owing for such year and the city council has made an appropriation for the payment of rebates. To receive rebates for a given year, Developer 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 reasonably satisfactory to City, otherwise Developer will forfeit its right to a rebate for that year in the City's discretion. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. The City shall extend the rebate for two additional years by up to 35% to cover the cost of qualifying additional infrastructure, which includes the cost of capping Page 90 of 215 DEVELOPMENT AGREEMENT Page 5 and replacing existing water line stubs, the cost of placing requested water pits and meters at the water main tap, and the cost of re -spreading stockpiled soil, in a total amount not to exceed $240,000. If the rebate is extended, the parties will execute an amendment of the Minimum Assessment Agreement (see Section 10) to reflect the terms of such extension. 6. No Encumbrances; Limited Exception. Until completion of the Improvements, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage to finance Developer's completion of the Improvements and of which Developer notifies City in advance of Developer's execution of any such mortgage. Developer may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 7. Utilities. Developer will be responsible for extending telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees after the City has caused all utilities to be stubbed to the Property. 8. Easements Reserved. In connection with conveyance of the Property or the Option Property, City shall reserve permanent utility easements and a grading easement as marked on Exhibit "C" attached hereto. 9. Option for Additional Land and Right of First Refusal. Provided that Developer is not in default under the terms of this Agreement, then Developer, its successors and assigns, shall have an option to purchase the real property described on Exhibit "A-1" and Exhibit "A-2" attached hereto (collectively, the "Option Property") for the sum of $1.00. Developer may exercise such option with respect to either or both parcels comprising the Option Property, provided that Developer shall enter into a development agreement and minimum assessment agreement with respect to an expansion project in connection with the exercise of such option. The parties agree that a project on the Option Property will be entitled to incentives commensurate with the project as prescribed by City development policies, up to substantially the same incentives that are provided for the Project under this Agreement. The option may be exercised at any time on or before the tenth (10th) anniversary of the date of this Agreement by delivery of written notice of exercise to City. Within ten (10) days following delivery of the Option notice, the parties shall execute a written purchase agreement in form acceptable to City and Developer, which purchase agreement shall require, among other things, that Closing shall occur on a date to be agreed upon by the parties following delivery of the option exercise notice, which date shall be within sixty (60) days of delivery of said notice. Developer shall also have a right of first refusal with respect to the Option Property. Upon receipt of written notice from City that includes the terms and conditions of a bona fide third -party offer for all or any portion of the Option Property, Developer shall have a period of fifteen (15) days in which to exercise its right of first refusal to purchase the subject portion of the Option Property, on the same terms and conditions Page 91 of 215 DEVELOPMENT AGREEMENT Page 6 as are set forth in the offer. Developer shall exercise the right by delivery of written notice to City, and thereafter Developer and City shall act with diligence to close on said transaction and to execute any related documents required by the offer. The Option Property shall be deed restricted so that no direct competitor of Company may, for a period of ten (10) years, own or use the Option Property so long as Company or any or its affiliates are operating on the Property. 10. Minimum Assessment Agreement. Developer 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. Developer 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 the Property, which shall be fixed for assessment purposes, below the amount of $11,500,000 (the "Minimum Actual Value"), through: either; (1) willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Developer agrees to sign said attached Exhibit "B" at the closing. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer 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. Page 92 of 215 DEVELOPMENT AGREEMENT Page 7 C. Developer 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 Developer. 13. Assignment or Conveyance. Developer 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, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Developer may sell, convey or transfer the Property to Company at any time without such consent, subject to Company's satisfaction of the condition stated below. 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 Developer under this Agreement. As a condition to Developer's sale, conveyance, assignment or transfer to Company or another approved person or entity (each a "Successor"), the Successor must assume in writing each and every one of Developer's duties under this Agreement, and effective upon such assumption the Successor will succeed to all of Developer's rights under this Agreement that accrue thereafter. The written instrument of assignment and assumption will be recorded in the land records of Black Hawk County, Iowa, and promptly following execution of such instrument a copy thereof will be delivered to City. 14. Materiality of Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for the parties to enter this Agreement. Each party hereto acknowledges that without such promises, covenants, representations, and warranties of the other party, it 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, the non -breaching party 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. Intentionally deleted. 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at Page 93 of 215 DEVELOPMENT AGREEMENT Page 8 (c) if to Company, at Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 17. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 18. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 19. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 20. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. Page 94 of 215 DEVELOPMENT AGREEMENT Page 9 22. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 23. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 24. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DEVELOPER By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk [insert Company name] By: Title: Page 95 of 215 EXHIBIT "A" Legal Description of Property [insert] Note: Deed to follow form of description set forth in abstract of title. Page 96 of 215 EXHIBIT "A-1" Legal Description of Option Property [insert] Page 97 of 215 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2019 by and among the CITY OF WATERLOO, IOWA ("City"), ("Developer"), ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City, Developer and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the Northeast Industrial Area Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer 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 Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $11,500,000.00 (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, 2020. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on September 30, 2030. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by Page 98 of 215 the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer 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 DEVELOPER By: By: Quentin M. Hart, Mayor Brad Schoenfelder President - Midwest By: Kelley Felchle, City Clerk [insert Company name] By: Title: Page 99 of 215 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this of , 2019, 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 and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF ) ss. COUNTY OF ) Subscribed and sworn to before me on , 2019 by as of Notary Public Page 100 of 215 STATE OF ) ss. COUNTY OF ) Subscribed and sworn to before me on , 2019 by as of Notary Public Page 101 of 215 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improve- ments 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 Eleven Million Five Hundred Thousand Dollars ($11,500,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on , 2019, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 102 of 215 EXHIBIT "C" Site Map Showing Easements INSERT Page 103 of 215 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 8, 2019 to approve the request by DGOGWaterlooia10032018 LLC (Dollar General) of West Plains, Missouri, for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, instructing the City Clerk to publish notice, and rescinding Ordinance No. 5496 in its entirety. City Council Meeting: 6/24/2019 Prepared: 6/24/2019 REVIEWERS: Department l' nmmm:m.m „ lc m: mfg & Zoning �f mmmm mAm. � & Zoning Clerk. Office ATTACHMENTS: Description • Staff Report • Overview Mall • Ariel Map • ite; Plan SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Arie i .i yberger, Seth. chroeder, A.r.ic 1 vcmrm, .eArmrm Action Re. cctec:I pp:m ved. Amin ve'd. Approved Type Cove- Memo C veir :Memo Cover M emo Cover M Memo Cover Memo Date 6/20/ 4:38 p M 6/2,0/20 4 A8 i:...M. 6/20/2019 4,51 M 6/20/2019 ,,,, 6:29 M Resolution setting date of public hearing as July 8, 2019 to approve the request by DGOGWaterlooia10032018 LLC (Dollar General) of West Plains, Missouri, for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, instructing the City Clerk to publish notice, and rescinding Ordinance No. 5496 in its entirety. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to set the date of public hearing as July 8, 2019 for a request by DGOGWaterlooia10032018 LLC (Dollar General) of West Plains, Missouri for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the MLK Drive and Idaho Street Intersection. The request to construct the Dollar General building would not appear to have a negative impact upon the surrounding area as it would appear to be Page 104 of 215 compatible with nearby commercial and residential development in the area. At their May 7, 2019 meeting the Planning, Programming and Zoning commission voted unanimously to recommend approval of the Site Plan Amendment. Expenditure Required: None Source of Funds: N/A Policy Issue: Legal Descriptions: Strategy 1.3: Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. DESCRIPTION: PARCEL H A PART OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5TH P.M., AND A PART OF EXISTING IDAHO STREET IN THE SOUTHEAST 1/4 OF SAID SECTION 19, ALL IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 88° (DEGREES) 43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 88°43'55" EAST ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET AND ITS EXTENSION EASTERLY, 182.94 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD; THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, BEING A 1,879.86 -FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 105.63 -FOOT LONG CHORD BEARING SOUTH 46°28' 08" EAST, 105.64 FEET (ARC LENGTH); THENCE SOUTHWESTERLY ON A 211.04 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 215.72 -FOOT LONG CHORD BEARING SOUTH 12°01' 17" WEST, 226.42 FEET (ARC LENGTH); THENCE SOUTH 52°56'38" WEST, 67.54 FEET; THENCE NORTH 70°38' 19" WEST, 164.88 FEET; THENCE NORTH 01°05'55" WEST, 265.78 FEET TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 63,883 SQUARE FEET, OR 1.47 ACRES. Page 105 of 215 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: July 8, 2019 Request by DGOGWaterlooia10032018 LLC (Dollar General) for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 SF Dollar General retail store located northeast of the MLK Drive and Idaho Street Intersection. Dollar General, 1598 Imperial Center, West Plains, MO 65775 The applicant is requesting to construct a new 9,100 SF Dollar General Retail building located northeast of the MLK Drive and Idaho Street Intersection. The request to construct the Dollar General building would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with nearby commercial and residential development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Martin Luther King Drive which is a Minor Arterial and Idaho Street which is a Collector. The Martin Luther King Jr. Trail is located just north of Martin Luther King Jr. Drive and connects to a sidewalk along the east side of Idaho Street that is adjacent to and runs along the west side of the proposed Dollar General site. The area in question has been zoned "C -P" Planned Commercial District since July 27, 2009 when the land was rezoned from "R-3, R -P" Planned Multiple Residence District. Surrounding land uses and their zoning designations are as follows: North — Vacant land, trees, and homes, zoned "C -P" Planned Commercial District, "C-1" Neighborhood Commercial District, and "R-2" One and Two Family Residence District. South — Vacant Land and Martin Luther King Jr. Trail Head and Trail, and Martin Luther King Drive, and zoned "R-3, R -P" Planned Multiple Residence District. East — Vacant Land, trees, and homes, and zoned "R-2" One and Two Family Residence District. West — Vacant land and homes, and zoned "R-2" One and Two Family Residence District and "R-3, R -P" Planned Multiple Residence District. Due to existing topography and vegetation, no buffers will be required. It will be necessary that a storm water detention plan is SPA- northeast of the MLK Drive and Idaho Street Intersection Page 1 of 3 Page 106 of 215 June 3, 2019 submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. A proposed storm water detention area is located just north of the Dollar General building. DEVELOPMENT The surrounding area is vacant land to the south and west. HISTORY: The homes to the north and east of the project site were primarily constructed in the 1960's. FLOODPLAIN: The eastern side of the proposed parcel is located in the 500 - year and 100 -year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 C0193F, dated July 18, 2011. The proposed store location is not located within the 100 -year floodplain. PUBLIC /OPEN Highland Elementary School is located 0.73 miles to the SPACES/ SCHOOLS: south, George Washington Carver Academy is located 2 miles to the northeast, and East High School is located 1.1 miles to the southwest. There is a trail head for the Martin Luther King Jr. trail abutting the site. This trail head shall remain. UTILITIES: WATER, There is a 15" sewer line and (5) 48" X 50' drainage culverts SANITARY SEWER, just north of the project site. There is also an 8" water main STORM SEWER, ETC. along the west side Idaho Street with an existing stub underneath Idaho Street that connects directly to the project site. In addition there is an 8" water main along the north side of Willow Street as well. RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Commercial; Medium and High Density Residential; LAND USE PLAN: Professional Office; and Neighborhood Commercial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to construct a new 9,100 SF Dollar ZONING General Retail building. ORDINANCE: The area in question is zoned "C -P" Planned Commercial District, which is intended and designed to provide a means for residential development and compatible commercial on tracks of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the single lot method. The Zoning Ordinance requires 1 parking space for every 250 square feet of retail floor. This equates to 29 parking spaces for 7,159 SF of retail floor space. The site plan shows 30 parking spaces and meets the parking requirements. SPA- northeast of the MLK Drive and Idaho Street Intersection Page2of3 Page 107 of 215 STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE STAFF RECOMMENDATION: June 3, 2019 The site plan designates landscape areas to the north and south of the site. As identified on the site plan, the landscaped areas shall consist of sod, shrubs, over story trees, and mulch. The parking areas are also set back more than 5 feet from the property line. The Planning and Zoning Commission unanimously approved the request at their regular meeting on May 7, 2019. A plat has already been submitted for this area as part of a separate request. The Technical Review Committee had no comments regarding the site plan amendment. Therefore, staff recommends that the request for site plan amendment in the "C -P" Planned Commercial District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area. 4. The request would bring new economic development opportunities to the area. And with the following conditions(s): 1. 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Applicant's name (please print): DGOGWaterlooia10032018 LLC Address: 1598 Imperial Center Phone: 417256-4790 Fax: 417-256-8152 City:West Plains State: issouri Zip: 65775 b. Status of applicant: (a) Owner (b) Other X (CHECK ONE): If other explain: contract buyer c. Property owner's name if different than above (please print): City of Waterloo Address: 715 Mulberry Street City: Waterloo 2. PROPE TY INFORMATION:, State: a. General locatio of site plan tO be amended: Phone: -,319 - 292. -4323 Fax: IA Zip: 50703 NEC MLK Drive & Idaho Street b. Legal description of property or portion to be amended: see attached survey c. Dimensions of proposed site plan amendment: 270' X 240 d. Area of proposed site p-lan amendment: 1 47 acres e. Current zoning: C- P f Reason(s) for site plan amendment and proposed use(s) of property: Development as a Dollar General retail store Conditions (if any) agreed to (does not affect existing conditions unless specified): n a h. Other pertinent information reverse side ifnecessary): n/a Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request) The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of' Waterloo) is required. This fee is nn -refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same .property shall be filed with or considered by the Planning. Programming,. and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all .information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Owner Date Page 121 of 215 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 8, 2019 to approve the request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, instructing the City Clerk to publish notice, and rescinding Ordinance No. 5497 in its entirety. City Council Meeting: 6/24/2019 Prepared: 6/24/2019 REVIEWERS: Department Reviewer Action Date Planning & ,onmm ochroc d, mw, A.mric 6/20/20' (, .'lerk Office 1H ven , 1 e A mrm .Approved 6/20/201 ,,,,,,, 6:29 P ATTACHMENTS: Description • Staff Report • Overview Map .• Aerial Map D Vacate Area D A.ppllicat on SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Type Cove .M o Cover Menlo Cover Me o Cover M ernrrmo C ver Memo Resolution setting date of public hearing as July 8, 2019 to approve the request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, instructing the City Clerk to publish notice, and rescinding Ordinance No. 5497 in its entirety. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to set the date of public hearing as July 8, 2019 for a request by DGOGWaterlooia10032018 LLC (Dollar General) of West Plains, Missouri to vacate 1.47 acres of City Right -of -Way, located northeast of Idaho Street and Martin Luther King Jr. Drive. The request to vacate a 1.47 acres of City Right -of -Way would not appear to have a negative impact on the neighborhood. The Planning and Zoning Commission recommended unanimous approval of the City Right -of -Way vacate at their regular meeting on May 7, 2019. None Page 122 of 215 Source of Funds: N/A Policy Issue: Legal Descriptions: Strategy 1.3 Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. DESCRIPTION: PARCEL H A PART OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5TH P.M., AND A PART OF EXISTING IDAHO STREET IN THE SOUTHEAST 1/4 OF SAID SECTION 19, ALL IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 88° (DEGREES) 43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 16.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 88°43'55" EAST ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, ALSO BEING THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET AND ITS EXTENSION EASTERLY, 182.94 FEET TO THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD; THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF THE CANADIAN NATIONAL RAILROAD, BEING A 1,879.86 -FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 105.63 -FOOT LONG CHORD BEARING SOUTH 46°28' 08" EAST, 105.64 FEET (ARC LENGTH); THENCE SOUTHWESTERLY ON A 211.04 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 215.72 -FOOT LONG CHORD BEARING SOUTH 12°01' 17" WEST, 226.42 FEET (ARC LENGTH); THENCE SOUTH 52°56'38" WEST, 67.54 FEET; THENCE NORTH 70°38' 19" WEST, 164.88 FEET; THENCE NORTH 01°05'55" WEST, 265.78 FEET TO THE POINT OF BEGINNING. BY SURVEY CONTAINING 63,883 SQUARE FEET, OR 1.47 ACRES. Page 123 of 215 REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN and COMPLETE STREETS POLICY. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: July 8, 2019 Request by the DGOGWaterlooia10032018 LLC (Dollar General) to vacate a 1.47 acre drainage easement and City right-of-way, located northeast of Idaho Street and Martin Luther King Jr. Drive. Dollar General, 1598 Imperial Center, West Plains, MO 65775 The applicant is requesting to vacate the drainage easement and right-of-way to allow for the redevelopment of the site as a Dollar General. The request to vacate a 1.47 acre drainage easement and City right-of-way would not appear to have a negative impact on the neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the section of right- of-way is not needed for transportation purposes and the drainage easement is being relocated. The Martin Luther King Jr. Trail is located just north of Martin Luther King Jr. Drive and connects to a sidewalk along the east side of Idaho Street that is adjacent to and runs along the west side of the proposed Dollar General site. The area in question has been zoned "C -P" Planned Commercial District since July 27, 2009 when the land was rezoned from "R-3, R -P" Planned Multiple Residence District. Surrounding land uses and their zoning designations are as follows: North — Vacant land, trees, and homes, zoned "C -P" Planned Commercial District, "C-1" Neighborhood Commercial District, and "R-2" One and Two Family Residence District. South — Vacant Land and Martin Luther King Jr. Trail Head and Trail, and Martin Luther King Drive, and zoned "R-3, R -P" Planned Multiple Residence District. East — Vacant Land, trees, and homes, and zoned "R-2" One and Two Family Residence District. West — Vacant land and homes, and zoned "R-2" One and Two Family Residence District and "R-3, R -P" Planned Multiple Residence District. BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT The surrounding area is vacant land to the south and west. Vacate- Idaho Street and MLK Drive Page 1 of 3 Page 124 of 215 HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: • STAFF RECOMMENDATION: Vacate- Idaho Street and MLK Drive July 8, 2019 The homes to the north and east of the project site were primarily constructed in the 1960's. The eastern side of the proposed parcel is located in the 500 - year and 100 -year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 C0193F, dated July 18, 2011. The proposed Dollar General building location is not located within the 100 -year floodplain. Highland Elementary School is located 0.73 miles to the south, George Washington Carver Academy is located 2 miles to the northeast, and East High School is located 1.1 miles to the east. There is a trail head for the Martin Luther King Jr. Trail abutting the site. This trail head will remain. There is a 15" sewer line and (5) 48" X 50' drainage culverts just north of the project site. There is also an 8" water main along the west side Idaho Street with an existing stub underneath Idaho Street that connects directly to the project site. In addition there is an 8" water main along the north side of Willow Street as well. The Future Land Use Map designates the area as Mixed Commercial: Medium to High Density Residential, Professional Office and Compatible Commercial, and this request would be in compliance with such designation. The request to vacate a 1.47 acre drainage easement and City right-of-way would not appear to have a negative impact on the neighborhood or traffic conditions in the area. The section of drainage easement and right-of-way proposed to be vacated is no longer needed for public purposes, drainage, or transportation purposes. The area is excess right-of-way that was acquired for the construction of Martin Luther King Jr. Drive, and is adjacent to a tributary of Blowers Creek. The vacated area will provide for the redevelopment of the site as a new Dollar General store. The Planning and Zoning Commission recommended unanimous approval to vacate the City Right -of -Way and easement at their regular meeting on May 7, 2019. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate a 1.47 acre drainage easement and City right-of-way be approved for Page 2 of 3 Page 125 of 215 July 8, 2019 the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The right-of-way is not needed for transportation or drainage purposes. 4. The request would bring new economic development opportunities to the area. Vacate- Idaho Street and MLK Drive Page 3 of 3 Page 126 of 215 City of Waterloo City Council July 8, 2019 M-2 100000000000000000000000000000000000000000000600000000. 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[1, } ivm� a�Mcn zt o� t � r rTa''� w a1 --'"2,.9 1 I7I ri -L r OO."�Ct7:tTViyZ���C?R��S U77U� �monx� may. mom— � �s 7 x3 C >+1 � fA Iso c iC is �"F � c�minzen�� paw- � -i t-qj Amy+ f7 a z a] ��'-'—d�S]G# C>a air11�V}�� C10 iniAkri��l���m�ra�mx -' � j fes*+ th (} G° -�[�D 4 if,: �fskCd0b��vAl�y8 ori+-"n'�"�� y' C) z 0 000 t4 Ocr} 10 XflUCCALI 00 c4 I—o V 0 0, trP rn 0 0 rJ O VP/PARED RY: MICHAEL R. FAG1E, EAKM 1-ECK 551 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA. 50703, 319-232-6531 Ne9T000-6g2 tTd WITIOD3U HIIWS '1 AIONVS 9M01 Azuno0 mmull Norrug WV [�}, �'a/'� AFF Jo F e,Uy'jd 00{'�L : ry414i `yama+�ad aY J 0: Fi�'{T4 €/F�1Ao //A�/1 IyVt �A/•IV ' papas {},{4{�,1gy1 N30 4 O U Al 1 00 0 02 E 6OC a i " 4 lulu 1111111 111 111111111 111 111 1.0 1661;4 Page 129 of 215 Applicant: City of Waterloo tanning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 Offer to Vacate and Purchase City Right -of -Way • Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreeme Sale of City -Owned Property 'a4.45, Address: 7 f r Phone No/4' General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 141 124J it.: 0 r Legal description of area to be conveyed, vacated, or encroached: Cc 611 4 ,,.. 1 &non-refundable fihing fee(s) shall be made as follows (checks payable to City of Water!oo): • ight-of-way vacation — One Hundred Seventy Five Dollar -(.$+75700) -Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee. • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not .meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2 Offer Price*[Note: :Utile offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the guilding & Grounds Committee.] Asking price (see attached Sale ofProperty Policy for how calculated): Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions — Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and u rchase City right-of-way must be accompanied by a signed "Intent to Vacate" forin for each abutting properly to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please pro add iti opal con ardor aerial photo of the area to be vacated if the request involves as thi reason for the request. ei6 2 Applicant Date *Not required for easement vacates side lk vacates or Encroachment Agreements Page 130 of 215 CITY OF WATERLOO Council Communication Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit A. City Council Meeting: 6/24/2019 Prepared: REVIEWERS: Department Clerk Office ATTACHMENTS: Description ibil SUBJECT: Reviewer g)y,'Nancy Action Date .ppr6/1 9 00 Type c : „ip Ma la] Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit A. Page 131 of 215 ALI'S LIQUOR 1117 E. 4TH ST B&B EAST 1615 BISHOP AVE BJ'S BAR & BILLIARDS 110 IDA ST BP FUEL 127 JEFFERSON ST BROADWAY LIQUOR & FOOD 821 BROADWAY ST BROKEN RECORD 315 W. 4TH ST CASEY'S 218 PUB 4014 UNIVERSITY AVE CASEY'S GENERAL STORE #2427 3035 LOGAN AVE CASEY'S GENERAL STORE #2866 51 E. TOWER PARK DR CASEY'S GENERAL STORE #2867 2424 RANCHERO RD CASEY'S GENERAL STORE #2879 3260 UNIVERSITY AVE CASEY'S GENERAL STORE #2880 1604 LA PORTE RD CENTRAL IOWA VAPORS 2829 UNIVERSITY AVE CLOUDS VAPE & SMOKE 3556 KIMBALL AVE CORK'S GROCERY 1956 LAFAYETTE ST DOLLAR GENERAL STORE #10073 3815 UNIVERSITY AVE DOLLAR GENERAL STORE #4698 2935 LOGAN AVE DOLLAR GENERAL STORE #7136 66 E. TOWER PARK DR DOLLAR GENERAL STORE #7162 820 W. 5TH ST EDO'S SPORTS BAR 110 E. 11TH ST ELECTRIC UNDERGROUND 1205 E. SAN MARNAN DR FAMILY DOLLAR #21424 1120 FRANKLIN ST FAMILY DOLLAR #25600 611 BROADWAY ST FAMILY DOLLAR #30944 2206 KIMBALL AVE FAREWAY STORES #951 40 W. SAN MARNAN DR GUDDI MART 306 BYRON AVE HOMETOWN FOODS 1010 E. MITCHELL AVE HY-VEE C -STORE #1 3700 UNIVERSITY AVE HY-VEE FOOD STORE #1 2834 ANSBOROUGH AVE HY-VEE FOOD STORE #2 2181 LOGAN AVE HY-VEE FOOD STORE #3 1422 FLAMMANG DR HY-VEE GAS #2 2221 LOGAN AVE HY-VEE GAS #3 1512 FLAMMANG DR HY-VEE WINE & SPIRITS #1 2126 KIMBALL AVE INDEPENDENCE LIQUOR & FOOD 1761 INDEPENDENCE AVE ISLE CASINO HOTEL WATERLOO 777 ISLE OF CAPRI BLVD JIM LIND SERVICE 230 E. RIDGEWAY AVE JIM'S FOOD 437 SULLIVAN AVE JOHN'S TOBACCO OUTLET 1848 W. AIRLINE HWY KARMA BAR 309 W. 4TH ST KINGS & QUEENS CLUB 304 W. 4TH ST KWIK STAR #1004 111 E. DONALD ST KWIK STAR #229 1717 E. SAN MARNAN DR KWIK STAR #380 506 W. 9TH ST KWIK STAR #569 875 FISHER DR KWIK STAR #715 1636 W. 4TH ST Page 132 of 215 KWIK STAR #722 1214 FRANKLIN ST KWIK STAR #723 707 BROADWAY ST KWIK STAR #724 1105 CEDAR BEND ST KWIK STAR #732 324 FLETCHER AVE LIQUOR AND TOBACCO OUTLET 2844 UNIVERSITY AVE LOGAN AVE CONVENIENCE STORE 735 LOGAN AVE LOVE'S TRAVEL STOP #702 3301 GREYHOUND DR, SUITE A METRO MART #1 3201 W. 4TH ST METRO MART #4 2332 FALLS AVE NATIONAL CIGAR STORE 617 SYCAMORE ST NEIGHBORHOOD MART 2100 LAFAYETTE ST NEW STAR 315 FLETCHER AVE NEW STAR ANSBOROUGH 1459 ANSBOROUGH AVE NEW STAR LIQUOR 1625 W. 4TH ST PRIME MART 3 1008 LA PORTE RD PRIME MART 5 508 BROADWAY ST PRIME MART 7 1309 LAFAYETTE ST RAY'S SUPERMARKET 1975 FRANKLIN ST ROMANTIX ADULT EMPORIUM 1507 LA PORTE RD SAC'S NEIGHBORHOOD PUB 2000 HAWTHORNE AVE SAM'S CLUB #6514 210 E. TOWER PARK DR SMITTY'S BAR 709 JEFFERSON ST SMOKERS CHOICE 1010 E. MITCHELL AVE #8 SMOKING DRAGON 501 W. 4TH ST SNACK SHACK 4335 TEXAS ST SPICOLI'S REVERB 3555 UNIVERSITY AVE SYCAMORE CONVENIENCE 619 SYCAMORE ST TOBACCO OUTLET #500 1803 LA PORTE RD WALGREENS #10855 1850 LOGAN AVE WALGREENS #3590 3910 UNIVERSITY AVE WALGREENS #7455 111 W. RIDGEWAY AVE WALMART #1496 1334 FLAMMANG DR WESTSIDE LIQUOR 919 W. 5TH STREET YESWAY #1022 1976 FRANKLIN ST YESWAY #1023 117 E. SAN MARNAN DR Page 133 of 215 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 6/24/2019 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Ilig .)y Nancy Appr vcd 6/19120 9 "" AM ATTACHMENTS: Description D Bonds for co ncil pproval 6.24.19 SUBJECT: Bonds. Type 13' (Amp Material Page 134 of 215 BONDS FOR COUNCIL APPROVAL June 24, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 7901009833 IA5166465 55199044 3402041 IA 537809 CUSTOM CONCRETE CONCRETE LLC DAVID SCHAKE EMILIO CASTRO CONSTRUCTION SAFET PILIPOVIC YOUNG PLUMBING & HEATING CO. INDEPENDENCE, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA Page 135 of 215 CITY OF WATERLOO Council Communication Resolution approving a 2.5 percent salary increase for non -bargaining employees, effective July 1, 2019. City Council Meeting: 6/24/2019 Prepared: 6/20/2019 REVIEWERS: Department Reviewer Human Resources Even, i..,,eAffl ATTACHMENTS: Description v. on Bam.gaininlg wag Co D 2.019 i mnc r. se ,iNa SUBJECT: Submitted by: Action Date Approved 6/20r 0 AM Type aye.: m."- aim. d M mea$ Resolution approving a 2.5 percent salary increase for non -bargaining employees, effective July 1, 2019. Submitted By: Lance Dunn, Human Resources Director Page 136 of 215 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 FEUSS Ward 5 SHARON JUON At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 Fax (319) 291-4569 June 20, 2019 Mayor and City Council I am writing in reference to the item on the City Council agenda that recommends a 2.5% across the board increase for all non -bargaining employees. This same increase will be granted to a majority of the bargaining unit employees under the various collective bargaining agreements. have attached a chart that shows the proposed hourly rate and annual salary for each non - bargaining employee. As in previous years, we are still in the process of trying to improve the value within our job classifications. The HR Department has put together a Salary schedule for non -bargaining employees to address this disadvantage that will be presented in a future work session and will hopefully be in place for the next fiscal year. This schedule includes separating positions by job class and having a salary range with step increases. This process will also include employees having an opportunity to earn more from a favorable Performance Appraisal review. In the short term, granting the same salary increase to non -bargaining and bargaining employees helps in avoiding wage compression between managers and the employees they supervise. The long term plan is that a salary schedule and the performance appraisals will help eliminate any potential wage compression issues and increase productivity. The finance Department has calculated an approximate cost of $171,122 for this increase with $117,017 of this amount coming from the general fund. The dollars to fund this increase were approved by the City Council for next year's budget. Sincerely, Lance Dunn Human Resources Director Cc: file WE'RE WO " 'ING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 137 of 215 Employee Number Employee Name Department 10187 COMBS, SHEILA M Airport 10969 KASPARI, KEITH D Airport 10176 AHLHELM, GREGORY A Building Department/Inspections 11387 SPARKS, JENNIFER L Building Department/Inspections 10005 AKIN, SHERYL D City Attorney 10004 ZELLHOEFER, DAVID R City Attorney 11378 EVEN, LEANN M City Clerk 11035 FELCHLE, KELLEY M City Clerk 10994 HIGBY, NANCY A City Clerk 10097 CHESMORE, MATTHEW C Community Development 11522 FORDYCE, ANGELA K Community Development 10104 JONES, RUDY Community Development 10101 MARTIN, JON D Community Development 11204 MERFELD, ANITA J Community Development 11385 SMITH, FELICIA D Community Development 10363 ANDREWS, ELIZABETH Cultural & Arts 10710 BURKLE, CAMILLE LYNN Cultural & Arts 11508 GRAHAM, CAYLIN J Cultural & Arts 10362 HAWKENSON, PAULETTE Cultural & Arts 10823 KLENSKE, THOMAS J Cultural & Arts 10369 PAIGE, CHAWNE Cultural & Arts 10820 REID, ANGELA J Cultural & Arts 10373 SHANKLE, KENT Cultural & Arts 10866 WELLHOUSE, AMANDA CAROLINE Cultural & Arts 10945 WELSH, JASON RICHARD Cultural & Arts 10036 GENTZ, DENNIS J Engineering/Road Use Tax 10038 KNUTSON, JAMIE Engineering/Road Use Tax 11523 BAHR, KIMBERLY A Finance 10008 BOHLEN, BRENT A Finance 10009 GRAHAM, EMILY Finance 10006 WEIDNER, MICHELLE C Finance 10521 BROCKWAY, PATRICIA Fire Department 10517 BRUMBAUGH, BEVERLY S Fire Department 10477 LUCK, TROY L Fire Department 10503 MOORE, MICHAEL Fire Department 10449 PETERSEN, BENJAMIN Fire Department 10522 TRELOAR, PATRICK A Fire Department 10516 CHRISTIANSEN, ERICA L Fire Department/Ambulance 11791 KIRBY, RICHARD T Housing/Ridgeway Towers 10581 COSBY, BEVERLY A Housing/Voucher 10127 DAWSON, JULIE A Housing/Voucher 10124 HILL-DORRIS, WANDA K Housing/Voucher 11325 JACKSON, DANA LEE Housing/Voucher 10717 MAYER, SONIA ANN Housing/Voucher 10126 WESSELS, JANET L Housing/Voucher 11021 WRIGHT, TAJAH MAREE Housing/Voucher 10018 CULPEPPER, NANCY A Human Resources 103959 DUNN, LANCE Human Resources 10019 FISCHELS, NICOLE Human Resources 10020 HUDDLESTON, CHERYL Human Resources 10409 BURCH, SHELLY L Human Rights 10410 FUNCHESS, ABRAHAM L Human Rights 10411 JOHNSON, REBECCA Human Rights 10327 BOLGER, JAMES Leisure Services/Golf Page 138 of 215 10351 BACHMAN, WILLIAM C Leisure Services/Parks 10352 DERIFIELD, TODD Leisure Services/Parks 10353 HUTING, PAUL Leisure Services/Parks 10346 NICHOLS, TRAVIS Leisure Services/Parks 10335 WELSH, MADONNA Leisure Services/Parks 10282 HILDMAN, ALEX Leisure Services/Sports 10266 DENNER, CRAIG Leisure Services/SportsPlex 10281 ETRINGER, ROBERT J Leisure Services/SportsPlex 10283 GALLAGHER, MARK Leisure Services/SportsPlex 10624 MOELLER, KATHRYN LYNN Leisure Services/SportsPlex 10794 NEFZGER, LEANN K Leisure Services/SportsPlex 100935 REINARD, MICHELLE Leisure Services/SportsPlex 10195 DOLAN, CHRISTOPHER Leisure Services/Young Arena 10193 SCHAEFER, JACOB J Leisure Services/Young Arena 10194 SCHARES, JOEL Leisure Services/Young Arena 10570 CHAPMAN, KIM Library 11500 GIESLER, ROBERT R Library 11185 NIELSEN, STEVEN P Library 10566 PETERSEN, LORI A Library 10569 ROSSMAN, NICHOLAS Library 10545 ROUSSELOW, AMY L Library 11815 RUTLEDGE, JILLIAN E Library 10001 STOFFER, EDWARD Management Information Systems 11106 YOUNGBLUT, CHRISTOPHER J Management Information Systems 11409 BOWMAN, WENDY S Mayor 11860 WYATT, KENDRA K Mayor 10109 ANDERSON, NOEL C Planning & Zoning 10106 MAGEE, PATRICIA Planning & Zoning 10110 SCHROEDER, ARIC Planning & Zoning 3549 LEIBOLD, JOSEPH Police Department 3665 MCGEOUGH, MATTHEW P Police Department 3568 MOHLIS, DAVID A Police Department 3738 TRELKA, DANIEL J Police Department 3761 WYBORNEY, KIMBERLY J Police Department 11786 BENNETT, RANDY L Street Department 10091 PAULEY, TONY Street Department 10056 GRECO, SANDRA Traffic Operations 10054 HOLMES, SUSAN C Traffic Operations 11607 SNAPP, SONYA R Traffic Operations/Animal Control 11087 BARRETT, SAMUEL L Waste Management/Sanitation 10015 ELLIS, ELLA Waste Management/Sanitation 10159 BOWMAN, BRIAN Waste Management/Sewer 11593 HENRICH, JULIANNA M Waste Management/Sewer 11300 HOAMBRECKER, STEVEN Waste Management/Sewer Page 139 of 215 Title Current Hourly Current Annual Proposed Hourly 29-003 - Bookkeeper $ 22.49 $ 46,779.20 $ 23.05 29-001 - Airport Director $ 50.62 $ 105,289.60 $ 51.89 22-001 - Building Official $ 36.38 $ 75,670.40 $ 37.29 22-002 - Permit Writing Specialist $ 23.44 $ 48,755.20 $ 24.03 06-002 - Legal Secretary $ 24.71 $ 51,396.80 $ 25.33 06-003 - City Attorney $ 56.10 $ 116,688.00 $ 57.50 03-005 - Deputy City Clerk $ 27.77 $ 57,761.60 $ 28.46 03-003 - City Clerk $ 38.39 $ 79,851.20 $ 39.35 03-012 - Administrative Secretary $ 23.25 $ 48,360.00 $ 23.83 32-006 - Senior Rehabilitation Specialist $ 26.00 $ 54,080.00 $ 26.65 32-004 - Community Development Coord $ 29.54 $ 61,443.20 $ 30.28 32-002 - Community Development Director $ 42.40 $ 88,192.00 $ 43.46 32-007 - Rehabilitation Specialist $ 23.59 $ 49,067.20 $ 24.18 32-009 - Administrative Secretary $ 23.25 $ 48,360.00 $ 23.83 32-003 - Neighborhood Services Coord $ 24.61 $ 51,188.80 $ 25.23 26-002 - Registrar $ 17.42 $ 36,233.60 $ 17.86 26-021 - Event Coordinator $ 21.58 $ 44,886.40 $ 22.12 26-012 - Youth Pavilion Manager $ 16.00 $ 33,280.00 $ 16.40 26-003 - Recreation Bookkeeper $ 23.72 $ 49,337.60 $ 24.31 26-011 - Technician / Preparator $ 17.42 $ 36,233.60 $ 17.86 26-006 - Curator / Registrar $ 24.40 $ 50,752.00 $ 25.01 26-007 - Education Coordinator $ 24.40 $ 50,752.00 $ 25.01 26-001 - Culture & Arts Director $ 40.97 $ 85, 217.60 $ 41.99 26-027 - Facilities Services Specialist $ 15.00 $ 31,200.00 $ 15.38 26-022 - Facilities Services Manager $ 18.29 $ 38,043.20 $ 18.75 07-002 - Assistant City Engineer $ 45.25 $ 94,120.00 $ 46.38 07-001 - City Engineer $ 49.76 $ 103,500.80 $ 51.00 03-014 - Financial Analyst $ 27.81 $ 57,844.80 $ 28.51 03-006 - Financial Analyst $ 32.77 $ 68,161.60 $ 33.59 03-007 - Financial Analyst $ 30.56 $ 63,564.80 $ 31.32 03-004 - Chief Financial Officer $ 59.62 $ 124,009.60 $ 61.11 12-079 - Regional Training Center Coord $ 34.06 $ 70,844.80 $ 34.91 12-104 - Administrative Secretary $ 23.25 $ 48, 360.00 $ 23.83 12-100 - Battalion Chief - 24hr $ 35.57 $ 73,985.60 $ 36.46 12-102 - Battalion Chief - 24hr $ 35.57 $ 73,985.60 $ 36.46 12-101 - Battalion Chief - 24hr $ 35.57 $ 73,985.60 $ 36.46 12-077 - Chief of Fire Services $ 54.31 $ 112,964.80 $ 55.67 12-108 - Medical Services Specialist (20 Hours) $ 22.94 $ 23,857.60 $ 23.51 13-005 - Housing Authority Maintenance $ 21.03 $ 43,742.40 $ 21.56 13-002 - Housing Coordinator $ 25.75 $ 53,560.00 $ 26.39 13-003 - Housing Authority Director $ 36.48 $ 75,878.40 $ 37.39 13-007 - Housing Coordinator $ 25.75 $ 53,560.00 $ 26.39 13-004 - WHA Inspector Supervisor $ 27.67 $ 57,553.60 $ 28.36 13-001 - Bookkeeper $ 22.94 $ 47,715.20 $ 23.51 13-009 - Housing Coordinator $ 25.75 $ 53,560.00 $ 26.39 13-008 - Housing Coordinator $ 25.75 $ 53,560.00 $ 26.39 09-002 - Administrative Secretary $ 23.25 $ 48, 360.00 $ 23.83 09-006 - Human Resources Director $ 42.43 $ 88,254.40 $ 43.49 09-003 - Human Resources Specialist $ 27.38 $ 56,950.40 $ 28.06 09-001 - Human Resources Manager $ 33.38 $ 69,430.40 $ 34.21 27-003 - Administrative Secretary $ 23.25 $ 48,360.00 $ 23.83 27-001 - Human Rights Director $ 37.94 $ 78,915.20 $ 38.89 27-002 - Human Rights Specialist $ 25.69 $ 53,435.20 $ 26.33 37-014 - Golf Manager $ 34.12 $ 70,969.60 $ 34.97 Page 140 of 215 37-002 - Asst Leisure Services Director $ 43.36 $ 90,188.80 $ 44.44 37-012 - Forestry Coordinator $ 34.12 $ 70,969.60 $ 34.97 37-003 - Leisure Services Director $ 51.66 $ 107,452.80 $ 52.95 37-019 - Facilities Manager $ 34.12 $ 70,969.60 $ 34.97 37-001 - Office Coordinator/Bookkeeper $ 24.16 $ 50,252.80 $ 24.76 37-006 - Recreational Specialist $ 22.57 $ 46,945.60 $ 23.13 37-055 - Facilities Specialist $ 22.57 $ 46,945.60 $ 23.13 37-057 - Recreation Supervisor $ 29.31 $ 60,964.80 $ 30.04 37-056 - Recreation Services Manager $ 38.81 $ 80,724.80 $ 39.78 37-053 - Aquatics Mbr Services Spec $ 22.57 $ 46,945.60 $ 23.13 37-091 - Customer Services Specialist $ 22.57 $ 46,945.60 $ 23.13 37-054 - FITNESS SPECIALIST $ 22.57 $ 46,945.60 $ 23.13 37-008 - Arena Manager $ 34.12 $ 70,969.60 $ 34.97 37-007 - Recreational Specialist $ 22.57 $ 46,945.60 $ 23.13 37-004 - Asst Arena Manager $ 24.42 $ 50,793.60 $ 25.03 33-035 - Business Office Manager $ 31.74 $ 66,019.20 $ 32.53 33-043 - Information Technology Manager $ 31.12 $ 64,729.60 $ 31.90 33-001 - Library Director $ 53.48 $ 111,238.40 $ 54.82 33-037 - Youth and Teen Services Manager $ 32.96 $ 68,556.80 $ 33.78 33-038 - Circulation Technical Svcs Mgr $ 34.50 $ 71,760.00 $ 35.36 33-007 - Marketing & Volunteer Manager $ 29.81 $ 62,004.80 $ 30.56 33-045 - Adult Services Librarian $ 30.29 $ 63,003.20 $ 31.05 03-011 - Cable TV Production Coordinator $ 27.22 $ 56,617.60 $ 27.90 01-004 - Director of Info Technology $ 47.59 $ 98,987.20 $ 48.78 01-007 - Communications Manager $ 29.69 $ 61,755.20 $ 30.43 01-003 - Executive Secretary $ 25.00 $ 52,000.00 $ 25.63 08-004 - Comm Planning & Dev Director $ 50.82 $ 105,705.60 $ 52.09 08-007 - Administrative Secretary $ 23.25 $ 48, 360.00 $ 23.83 08-001 - City Planner $ 37.91 $ 78,852.80 $ 38.86 11-003 - Major $ 54.31 $ 112,964.80 $ 55.67 11-126 - Police Captain $ 50.81 $ 105,684.80 $ 52.08 11-125 - Police Captain $ 50.81 $ 105,684.80 $ 52.08 11-002 - Director of Safety Services $ 64.86 $ 134,908.80 $ 66.48 11-138 - Administrative Secretary $ 23.25 $ 48, 360.00 $ 23.83 18-001 - Division Manager Public Works $ 56.49 $ 117,499.20 $ 57.90 19-005 - Operations Supervisor - Street $ 35.68 $ 74,214.40 $ 36.57 17-001 - Traffic Operations Director $ 42.56 $ 88,524.80 $ 43.62 17-009 - Administrative Secretary $ 23.25 $ 48, 360.00 $ 23.83 17-021 - Animal Control Services Spec $ 17.49 $ 36,379.20 $ 17.93 15-018 - Operations Supervisor - Sani $ 34.89 $ 72,571.20 $ 35.76 15-017 - Administrative Secretary $ 23.25 $ 48, 360.00 $ 23.83 14-003 - Asst Dir/Treatment Oper Sup $ 43.99 $ 91,499.20 $ 45.09 14-015 - Administrative Secretary $ 23.25 $ 48, 360.00 $ 23.83 14-002 - Waste Management Director $ 55.81 $ 116,084.80 $ 57.21 $ 6,575,816.00 Page 141 of 215 Proposed Annual $ 47,948.68 $ 107,921.84 $ 77, 562.16 $ 49, 974.08 $ 52,681.72 $ 119,605.20 $ 59,205.64 $ 81, 847.48 $ 49, 569.00 $ 55,432.00 $ 62,979.28 $ 90, 396.80 $ 50,293.88 $ 49, 569.00 $ 52,468.52 $ 37,139.44 $ 46, 008.56 $ 34,112.00 $ 50, 571.04 $ 37,139.44 $ 52,020.80 $ 52,020.80 $ 87, 348.04 $ 31, 980.00 $ 38, 994.28 $ 96,473.00 $ 106, 088.32 $ 59,290.92 $ 69,865.64 $ 65,153.92 $ 127,109.84 $ 72,615.92 $ 49, 569.00 $ 75,835.24 $ 75, 835.24 $ 75, 835.24 $ 115, 788.92 $ 24,454.04 $ 44,835.96 $ 54, 899.00 $ 77, 775.36 $ 54,899.00 $ 58, 992.44 $ 48, 908.08 $ 54, 899.00 $ 54, 899.00 $ 49, 569.00 $ 90,460.76 $ 58, 374.16 $ 71,166.16 $ 49, 569.00 $ 80,888.08 $ 54, 771.08 $ 72, 743.84 Page 142 of 215 $ 92,443.52 $ 72, 743.84 $ 110,139.12 $ 72, 743.84 $ 51,509.12 $ 48,119.24 $ 48,119.24 $ 62,488.92 $ 82,742.92 $ 48,119.24 $ 48,119.24 $ 48,119.24 $ 72, 743.84 $ 48,119.24 $ 52,063.44 $ 67,669.68 $ 66, 347.84 $ 114,019.36 $ 70,270.72 $ 73, 554.00 $ 63, 554.92 $ 64, 578.28 $ 58,033.04 $ 101,461.88 $ 63,299.08 $ 53, 300.00 $ 108, 348.24 $ 49, 569.00 $ 80, 824.12 $ 115, 788.92 $ 108, 326.92 $ 108, 326.92 $ 138,281.52 $ 49,569.00 $ 120,436.68 $ 76, 069.76 $ 90, 737.92 $ 49, 569.00 $ 37,288.68 $ 74, 385.48 $ 49, 569.00 $ 93, 786.68 $ 49, 569.00 $ 118, 986.92 $ 6, 740, 211.40 Page 143 of 215 CITY OF WATERLOO Council Communication Resolution approving partial release of $241,049 in net revenue earned from automated traffic enforcement cameras to be used in the F YE2020 budget. City Council Meeting: 6/24/2019 Prepared: 6/19/2019 REVIEWERS: Department 1inr,nce Clerk Office Reviewer Action Date v a We ear, M m.�: e Approved 6/19/2019 i vc L e An n Approved 6 /19 201 ,,,,,,, 1 , .50 P M ATTACHMENTS: Description D ;ouncil Com lima :ion. SUBJECT: Submitted by: Summary Statement: Policy Issue: Type i i al Resolution approving partial release of $241,049 in net revenue earned from automated traffic enforcement cameras to be used in the F YE2020 budget. Submitted By: Michelle Weidner, Chief Financial Officer As of May 31, 2019, the net current year revenue to date is $294,034.10. The Council previously designated that this revenue be used for the budget two years after the year-end earned and that is be used for property tax reduction. That timeframe was selected because that is the first budget - setting cycle after year-end, when the revenues are known. At that time, council members and citizens expressed concern about possible future legislative action that could reduce or eliminate this revenue stream. While several bills were introduced again this legislative session that would have reduced the city's ability to collect and retain revenue earned from automated traffic enforcement cameras, none of the bills passed. I would encourage the practice of continuing to be conservative in the use of this revenue in current budgets. This meets strategic planning goal number 2, Strategy 2.1, Strengthen the work of the Waterloo Police Department through adequate training, staffing and community programming, in addition to goal number 3, Reduce the City's property tax levies through a responsible balance of cost reduction in City operations... and strategy number 3.1, Continue to implement and explore new options for revenue generation for the City. Page 144 of 215 Mayor QUENTIN HART COUNCIL MEMBERS MARG. ' ET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMO S, JR. Ward 4 Y FEUSS Ward 5 SHARON JUON At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Office Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: June 24, 2019 June 14, 2019 None Resolution Approving Partial Release of Designation of Revenue Earned from Automated Traffic Enforcement Cameras Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Resolution approving the release of $241,049 in net revenue earned from automated traffic enforcement cameras to be used in the FYE2020 budget. Summary Statement: As of May 31, 2019, the net current year revenue to date is $294,034.10.The Council previously designated that this revenue be used for the budget two years after the year-end earned and that it be used for property tax reduction. That timeframe was selected because that is the first budget -setting cycle after year-end when the revenues are known. At that time, council members and citizens expressed concern about possible future legislative action that could reduce or eliminate this revenue stream. While several bills were introduced again this legislative session that would have reduced the city's ability to collect and retain revenue earned from automated traffic enforcement cameras, none of the bills passed. I would encourage the practice of continuing to be conservative in the use of this revenue in current budgets. Expenditure Required: N/A Source of Funds: Policy Issue: This meets strategic planning goal number 2, Strategy 2.1, Strengthen the work of the Waterloo Police Department through adequate training, staffing and community programming, in addition to goal number 3, Reduce the City's property tax levies through a responsible balance of cost reduction in City operations... and strategy number 3.1, Continue to implement and explore new options for revenue generation for the City. WE'RE WO ING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 145 of 215 CITY OF WATERLOO Council Communication Resolution approving renewal of general, automobile, public official's errors & omissions, law enforcement and employment practices liability coverage with Travelers Insurance; excess liability coverage with Allied World; umbrella liability coverage with Brit, and property insurance coverage with Chubb, for a total premium of $1,680,461, with recommendation of approval from the Insurance Committee. City Council Meeting: 6/24/2019 Prepared: 6/21/2017 REVIEWERS: Department Reviewer Action Date Clerk Office F ckchle, 1<effey Approved. 6/19/2(1 9,,,,,,, 00 0 A SUBJECT: Resolution approving renewal of general, automobile, public official's errors & omissions, law enforcement and employment practices liability coverage with Travelers Insurance; excess liability coverage with Allied World; umbrella liability coverage with Brit, and property insurance coverage with Chubb, for a total premium of $1,680,461, with recommendation of approval from the Insurance Committee. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approval Page 146 of 215 CITY OF WATERLOO Council Communication Resolution approving an agreement between the Waterloo Regional Airport and Livingston Aviation, Inc., for a five (5) year Non -Signatory Air Cargo -Only Aircraft Landing Fee Agreement, for the period July 1, 2019 through June 30, 2024, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 6/24/2019 Prepared: 6/19/2019 REVIEWERS: Department Reviewer Airport �uc mm l.,e.Ann Action Date .A pprvcd 6/1 9 t ATTACHMENTS: Description Ex: of Non-, r. Air gc: Only1...., nmding Agreement be : e rm. Ain and Livingston Avlaf.l.or SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type Cover Memo :4' AM Resolution approving an agreement between the Waterloo Regional Airport and Livingston Aviation, Inc., for a five (5) year Non -Signatory Air Cargo - Only Aircraft Landing Fee Agreement, for the period July 1, 2019 through June 30, 2024, and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Airport Director Approve the agreement as requested by Airport Staff This agreement would allow Livingston Aviation, Inc. to collect Aircraft landing fees for Non -Signatory Air Cargo (ONLY) air carriers, whereby Waterloo Regional Airport and Livingston would each split 50 / 50 the total amount collected for fee of the aircraft landing operation. None required for this request by Staff. Landing fees for Non -Signatory Air Cargo ONLY aircraft, will be divided equally at 50% City and 50% Livingston Aviation. Livingston Aviation will collect the landing fee as part of providing general aircraft services (Exs: Ground Handling (Off -Loading of Cargo, Loading of Cargo, Fuel, Misc. other aircraft services) Another example, would be as follows: For current C Y 2019, if we had a large single -aisle but cargo -only aircraft land at Waterloo, the airport would impose a Non -Signatory aircraft landing fee to the aircraft operator / owner, which for definition, a Non -Signatory Aircraft / Airline operator, would be an airline that does not have a formal aircraft / airline operating agreement on file with the Airport Administrative Offices. Page 147 of 215 For large aircraft, and for the C Y 2019, our Non -Signatory Landing Fee is $2.03 per 1,000 pounds of landed weight of the aircraft. So, for an aircraft that weighs 140,000, the landing fee would be $284.20, whereby, both Livingston Aviation and the Airport would split this fee at 50% / 50%, or each be the recipient of approximately $142.10 in revenue. This request complies with the City of Waterloo's Strategic Plan, as follows: Policy Issue: Goal No: 3, and Strategy No: 3.1, 3.3, 3.4 and 3.5. Goal No: 4, and Strategy No: 4.5. Alternative: Background Information: Legal Descriptions: No alternatives are required for this request by Airport Staff. This agreement would be a new agreement between the City of Waterloo dba Waterloo Regional Airport, and Livingston Aviation, Inc. This is for Non -Signatory Air Cargo Aircraft only, and does not include any passenger charter aircraft landing fees that the Airport would collect during the, for example, charter season, for the University of Northern Iowa athletic teams. Not applicable for this request by Airport Staff. Page 148 of 215 NON -SIGNATORY AIR CARGO AIRCRAFT LANDING FEE AGREEMENT BETWEEN CITY OF WATERLOO, IOWA dba Waterloo Regional Airport AND LIVINGSTON AVIATION, INC. EFFECTIVE July 1, 2019 Page 149 of 215 NON -SIGNATORY AIR CARGO AIRCRAFT LANDING FEE AGREEMENT Between CITY OF WATERLOO, IOWA dba Waterloo Regional Airport and Livingston Aviation, Inc. THIS AIR CARGO LANDING FEE AGREEMENT ("Agreement"), is made and entered into as of this 1st day of July, 2019 (Effective Date, July 1, 2019) by and between the CITY OF WATERLOO, IOWA dba Waterloo Regional Airport, at 2790 Livingston Lane, Waterloo, IA 50703, hereinafter referred to as "Airport" or "Airport" and Livingston Aviation, Inc. hereinafter referred to as "FBO" at 2814 Betsworth Drive, Waterloo, IA 50703. WITNESSETH: WHEREAS, City of Waterloo dba Waterloo Regional Airport and FBO agree to divide evenly at 50% - 50% the Non -Signatory Landing fee for all Air Cargo Aircraft that lands at Waterloo Regional Airport and parks on the Livingston Aviation parking apron; and, NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: Section 1 LOCATION, TERM, FEES AND FEE SCHEDULE Subject to the provisions hereinafter set forth, Airport and FBO, agrees to divide equally the remittance of Aircraft Landing Fees specifically identified below: LOCATION: Waterloo Regional Airport TERM: Five (5) years commencing July 1, 2019 and terminating June 30, 2024 AGREEMENT TYPE: Remittance of Non -Signatory Aircraft Landing Fees for Air Cargo Aircraft Only RENTAL FEE: FBO agrees to remit 50% of all aircraft landing fees as collected by FBO to the Waterloo Regional Airport from all Non -Signatory Air Cargo Aircraft Operators during the term of this agreement that park on the FBO apron. FEE SCHEDULES: Based on Maximum Take Off Weight (MTOW), the Non -Signatory Air Cargo Aircraft Landing Fee Rate Shall Be: Beginning July 1, 2019 - Beginning July 1, 2020 - Beginning July 1, 2022 - Beginning July 1, 2024 - $2.03 per 1,000 pounds of aircraft landed weight. $2.54 per 1,000 pounds of aircraft landed weight. $3.17 per 1,000 pounds of aircraft landed weight. $3.97 per 1,000 pounds of aircraft landed weight. 2 Page 150 of 215 Section 2 Terms and Conditions I. FBO agrees to the following conditions and responsibilities. A. Trained FBO personnel will be the only operators for the Ground Handling Operations of Non -Signatory Air Cargo Only Aircraft operations at the Waterloo Regional Airport. B. FBO will assess a Non -Signatory Air Cargo Only Aircraft Landing fee to the invoice for services to the aircraft owner / operator at a rate per 1,000 pounds of aircraft landed weight per the fee schedule as described on Page 2 of this agreement. C. FBO shall remit Fifty Percent (50%) of the total assessed Non -Signatory Air Cargo Aircraft Only landing fee to the attention of the Airport Administration Office at the Waterloo Regional Airport by no later than the 15th day of the following month. D. FBO shall advise the Airport Manager as soon as possible if the air cargo aircraft to be serviced would be considered a Group IV (Exs: Boeing 757, 767, MD-11 Aircraft) or Group V (Exs: Boeing 777, 787, or Airbus equivalent aircraft) as determined by the Federal Aviation Administration, so as to ensure that the pavement thickness is ably suited to accommodate the weight and aircraft footprint of the air cargo aircraft scheduled to enplane or deplane air cargo at the Waterloo Regional Airport. E. FBO shall document, and shall submit with monthly payment/s, as may be applicable, the total amount of all weights from all enplaned or deplaned cargo from the aircraft. II. The Airport makes the following representations and agrees to the following conditions and responsibilities: A. The City of Waterloo and Waterloo Regional Airport shall ensure that the aircraft landing, taxing and aircraft parking aprons, including pavement markings, shall remain in excellent condition to provide for the parking of a wide diversity of aircraft parking availability. B. Pending the size of air cargo aircraft needed to park at the Waterloo Regional Airport, the City of Waterloo and Waterloo Regional Airport Airport shall agree to allow FBO to utilize the aircraft parking apron located between the airline passenger terminal building and the FAA -owned Air Traffic Control Tower, if not currently occupied or scheduled to be occupied, at no additional cost to allow the primary FBO parking apron to be available for additional use by propeller or turbine powered aircraft. C. If II -B, above, goes into effect, the City of Waterloo and the Waterloo Regional Airport, shall ensure that all pavement in this area remains in excellent condition for the parking of Non -Signatory Air Cargo -only Aircraft, and is hereby designated for use as such. 3 Page 151 of 215 Section 3 Payment As indicated on Page 2, Section 2, Paragraph I -C, FBO shall remit payment at Fifty Percent (50%) of the total amount invoiced for each landing operation of Non -Signatory Air Cargo Aircraft that enplanes or deplanes air cargo at the Waterloo Regional Airport. Payment is due and payable within fifteen (15) days following the invoice date. FBO shall remit payment on a monthly basis, if applicable. All remittances shall be mailed to: WATERLOO REGIONAL AIRPORT Attn: Airport Administration Office 2790 Livingston Lane Waterloo, IA 50703 All remittances due hereunder shall be paid by and in full without any set aside by FBO within Fifteen (15) days after the date of invoice. Section 4 Disputes of Either Party If Airport disputes any invoice rendered or amount paid by FBO, Airport will so notify the FBO, and the parties will use all reasonable efforts to resolve such dispute as expeditiously as possible. Section 5 Ownership FBO hereby acknowledges that the airport hereunder is the property of the City of Waterloo. Section 6 Term, Cancellation / Termination This Agreement shall commence on July 1, 2019 and continue thru June 30, 2024. Either party may cancel this Agreement upon ninety (90) days written notice to the other. Section 7 Governing Law This Agreement is made within, shall be construed in accordance with, and shall be governed by the laws of the State of Iowa, and the parties agree that venue lies in Waterloo and Black Hawk County, Iowa. 4 Page 152 of 215 Section 8 Severability If any provision of the Agreement shall be declared illegal, void, or otherwise unenforceable, the remaining provisions shall remain in full force and effect. Section 9 Non -Waiver Failure of Airport to insist upon strict performance of any of the terms and conditions herein shall not be deemed a waiver of any rights or remedies that Airport shall have and shall not be deemed a waiver of any subsequent default of the terms and conditions hereof. Section 10 Assignment This Agreement and the rights and obligations created hereunder shall not be assignable or delegated by either party hereto without the prior written consent of the other party; however, subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Section 11 Notices Notices given hereunder shall be in writing and shall be deemed to have been given and delivered when deposited in the United States mail, Certified or Registered, with postage prepaid and addressed, or via overnight courier, or via personal delivery, if to the Waterloo Regional Airport, to: WATERLOO REGIONAL AIRPORT Attn: Airport Director 2790 Livingston Lane Waterloo, IA 50703 Ph: (319) 291-4483 and if to FBO, to: LIVINGSTON AVATION, INC. Attn: Mr. Tim Newton, General Manager 2814 Betsworth Drive Waterloo, Iowa 50703 PH: 319-234-1783 Or, to such other address as the respective parties hereto shall from time to time designate by notice to the other party. 5 Page 153 of 215 Section 12 Section Headings Section headings and captions contained herein are for convenience of reference only, and shall not be deemed in any manner to limit or restrict the content of the provision of which they relate. Section 13 Amendments; Counterparts This Agreement may not be amended, modified, discharged or waived orally or by course of conduct, but only by an agreement in writing, signed by or on behalf of the party against whom enforcement of any Amendment, modification, discharge or waiver is sought. This Agreement may be executed and delivered by email and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the day and year first written above. The Parties hereto agree that faxed signature copies of this Agreement shall be deemed to be originals. AGREED AND ACCEPTED: City of Waterloo, Iowa Livingston Aviation, Inc. (FBO) By: Quetin M. Hart Signature: Title: Mayor Date: By: Timothy Newton Signature: Title: General Manager & Co -Owner Date: Witness: Witness: By: Kelley Felchle By: Signature: Signature: Title: City Clerk Title: Date: Date: 6 Page 154 of 215 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 to a Lease Agreement with the Federal Aviation Administration, extending the term to lease the general office and storage space located in the Airline Passenger Terminal Building, effective July 1, 2019 through June 30, 2020, and authorize the Mayor to execute said document. City Council Meeting: 6/24/2019 Prepared: 6/19/2018 REVIEWERS: Department Airport Clerk . ce ATTACHMENTS: Description D Cover". e. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer a parm, Keith 112ven, IdeAnn_ ort, Di isx Action Approved A ppmrovcc,; . Type Cove M erno °asc A.grce r t Cover Ml[C rMo Date 6/1920i' •. 6/19/201 : 5 A. M Resolution approving Supplemental Agreement No. 1 to a Lease Agreement with the Federal Aviation Administration, extending the term to lease the general office and storage space located in the Airline Passenger Terminal Building, effective July 1, 2019 through June 30, 2020, and authorize the Mayor to execute said document. Submitted By: Keith Kaspari, Airport Director Approve the Short Term Lease Agreement (Lease No: DTFACN-17-L- 00073) as requested by Airport Staff. This agreement, albeit, delayed, would allow the FAA's System Support C enter staff, to continue to occupy their current office space in the airline passenger terminal building. They also have minimal storage space in the terminal basement area. Term of the prior agreement expired on September 30, 2018. However, since we are already well into the current Short -Term agreement "period" that began on October 1, 2018, therefore the requirement to place the agreement in the form of a formal written document. No funds expenditure is required / needed for this request by Staff. Revenue paid by the FAA shall be $24,684.08, and payable monthly. This is a static revenue with no increases over the previous agreement. This request by Staff concurs with the City of Waterloo's Strategic Plan, as Page 155 of 215 Policy Issue: Alternative: Background Information: follows: Goal No: 1, and Strategy No: 1.3. Goal No: 3, and Strategy No: 3.7. Goal No: 4, and Strategy No: 4.5. No space alternatives were needed to be adjusted for their current office and storage space needs during this Short -Term period of extended occupancy. Historically, the FAA Real Estate division is tardy with getting timely agreements to the Airport. However, the intent of Airport Staff is to approve this Short -Term agreement that is expected to expire on June 30, 2020. Then, Staff expects the FAA Real Estate division located in Fort Worth, TX to agree to a longer-term agreement, as proposed earlier this year, that would allow for the significant increase in leased space, from the 1,036 SqFt of Office Space; and, approximately 180 SqFt of misc. storage space. If this occurs, Staff could see an expansion of SqFt space to nearly 5,000 of combined office, storage and garage space, with the first of four (5) year terms. If this was approved, it would provide a significant increase in terminal rent revenue for office, garage and basement storage space that we are not receiving today. This lease would then be considered a Full -Service lease whereby the City of Waterloo and Airport Staff would have a number of maintenance and compliance responsibilities to the tenant (FAA). Any questions, please contact Keith Kaspari, Airport Director, ALO at 291- 4483 (Office), or via email at: Keith.Kaspari@waterloo-ia.org. Legal Descriptions: Not Applicable for this request by Staff. Page 156 of 215 U.S. Department of Transportation Federal Aviation Administration JUN 1 2 2019 VIA EMAIL Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Airport Blvd, Waterloo, IA 50703 Dear Mr. Kaspari: Central Logistics Service Area 10101 HiMood Parkway Fort Worth, TX 76177 Subject; Lease No. DTFA l -17-L-00073 Supplemental Lease Agreement No. 1 (ALO) System Support Center (SSC) Waterloo, IA The Federal Aviation Administration's (FAA) Lease No. DTFA -17-L-00073 providing the FAA approximately 1,036 square feet of office space and 180 square feet of storage space at the Waterloo Regional Airport, 2790 Airport Blvd, Waterloo, IA 50703. Attached is Supplemental Lease Agreement (SLA) No. 1 to Lease No. DTFA 1-17-L- 00073 to continue FAA's occupancy. As stated in the SLA, the lease term is extended for two years with annual rent of $24,684.08, payable monthly. Please mint two ca res of the SLA, sign and date each, and have the Public Authorization Certificates completed by an authorized individual. Please return two signed SLA documents to Federal Aviation Administration, Attn: Lori Morin, Real Estate Branch AA -920, 5S 400, 10101 Hillwood Pkwy, Fort Worth, TX 76177. When received, a fully executed copy will be returned to you for your records. Should you have any questions or require additional information, contact Realty Specialist Lori Morin at 817-222-4167 or via email at lori.morin@faa.gov. Sincerely, /( :ob cCarroll dleal Estate Contracting Officer Page 157 of 215 U.S. Department of Transportation Federal Aviation Administration SUPPLEMENTAL AGREEMENT SUPPLEMENTAL DATE AGREEMENT NO. 1 LEASE NO. DTFACN-17-L-00073 DESCRIPTION OF PREMISES: Approximately 1,036 square feet of space at the Waterloo Regional Airport, 2790 Airport Blvd, Waterloo, IA 50703. THIS AGREEMENT, made and entered into this date by and between Airport Board, City of Waterloo, Iowa, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter referred to as the Government or Federal Aviation Administration: WHEREAS, on June 1, 2017, the parties entered into Lease No. DFACN-17-L-00073 for the consideration and purposes more particularly stated in said lease; and, WHEREAS, said lease expired on September 30, 2018 and the Government has a continuing need to occupy the leased premises; and, WHEREAS, the parties agree to amend this lease to extend the term and rental rate is to remain the same. NOW THEREFORE, effective July 1, 2019, the parties for the considerations hereinafter mentioned covenant and agree that said Lease is amended, as follows: Article 2 is amended and substitute the following: 2. TERM (08/02) To have and to hold, for the term commencing on October 1, 2016 and continuing through June 30, 2020 inclusive, provided that adequate appropriations are available from year to year for the consideration herein. All other terms and conditions of the lease shall remain in force and effect. Lessor is required to sign this document, Public Authorization Certificate, and return two (2) copies to the issuing office. In witness whereof, the parties subscribed their names as of the above date. CITY OF WATERLOO, IOWA Quentin M. Hart Mayor UNITED STATES OF AMERICA Date Robert McCarroll Date Real Estate Contracting Officer 2.6.13 Supplemental Lease Agreement (SLA) October 2016 OMB Control No. 2120-0595 Page 158 of 215 Supplemental Agreement No. 1 Lease No. DTFACN-17-L-00073 PUBLIC AUTHORIZATION CERTIFICATE On this day of , 2019, I certify that I am the of the named in the attached agreement; that who signed said agreement on behalf of the City of Waterloo, Iowa is of said_ ; that said agreement was duly signed for and on behalf of by authority of its governing body, and is within the scope of its powers. 2.6.13 Supplemental Lease Agreement (SLA) October 2016 OMB Control No. 2120-0595 Signed Pg. 2 Page 159 of 215 CITY OF WATERLOO Council Communication Resolution approving an Acquisition Contract with Cedar Valley Tech Works, Inc., in the amount of $1.00, to acquire 2,725 square feet of right-of-way and 582 square feet of temporary easement for the Jefferson Street and Commercial Street Streetscape Improvements Project, located on Lot 4 and Tract G of Techworks Addition, between Westfield Avenue and Commercial Street, and authorize the Mayor to execute said documents. City Council Meeting: 6/24/2019 Prepared: 6/18/2019 REVIEWERS: Department Innnmng & om: mfg C le rk Office ATTACHMENTS: Description D A.cq smtK.ormContract SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, .rc vein Action A proved. )pi ved Type 13 ckup SMIatc Date 6/ 1 8/2. 6192(: cm: 5:38 p M 9:49 . M Resolution approving an Acquisition Contract with Cedar Valley Tech Works, Inc . , in the amount of $1.00, to acquire 2,725 square feet of right-of- way and 582 square feet of temporary easement for the Jefferson Street and Commercial Street Streetscape Improvements Project, located on Lot 4 and Tract G of Techworks Addition, between Westfield Avenue and Commercial Street, and authorize the Mayor to execute s aid documents. Submitted By: Aric Schroeder, City Planner Approval The City of Waterloo is making streetscape improvements along the Jefferson Street and Commercial Street corridors and needs to acquire this area for the project. $1.00 Gaming Grant Acquisition for streetscape improvements project Page 160 of 215 ACQUISITION CONTRACT Parcel No. 2 and 3 PROJECT Jefferson St and Commercial St Streetscape improvements THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of , 2019 by and between Cedar Valley Tech Works. Inc. ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See Right -of -Way Acquisition Plat and legal description attached as Exhibit "A", Temporary_ Construction Easement Plat and legal description attached as Exhibit "B", and Right -of -Way Acquisition Plat and legal description attached as Exhibit "C", City of Waterloo, State of Iowa, which includes any buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $1.00 . 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Buyer agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. Reserved 9. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 10. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. Page 161 of 215 11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to §1033 of the Internal Revenue Code. 12. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities if the Buyer chooses to perform a Phase I. In supplementation of the Phase 1, Seller agrees, no later than , to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set forth above. kA) ,) a ? **NAME**, **TITLE**, Cedar Valley Tech Works, Inc. SSN or EIN [Seller name] SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: Acknowledged before me on ,jw,c.18 , 96 Seller]. 0 /0wa SANDRA L SOMMERFELT COMMISSION NO. 775165 MY COMMISSION EXPIRES OCTOBER 05, 2021 APPROVAL RECOMMENDED BY: City Planning Staff by SSN or EIN [as Sr't of r—redMifi Notary Public ,604A,N*dkAyt (Date) APPROVED BY: ATTEST: (City Clerk) (Mayor) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: Acknowledged before me on by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 162 of 215 EXHIBIT "A" INDEX LEGEND LOCATION' LOT 4, TECH WORKS ADDITION REQUESTOR: CITY OF WATERLOO, IOWA PROPRIETOR: CEDAR VALLEY TECH WORKS, INC. SURVEYOR: AARON MUELLER SURVEY PREPARED BY: RESPOND TO: AECOM 501 SYCAMORE STREET, SUITE 222 WATERLOO. IOWA 50703 PHONE 319-874-6587 AARON.MUELLEROAECOM.COM RIGHT-OF-WAY ACQUSITION PLAT JEFFERSON STREET & COMMERCIAL STREET STREETSCAPE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: CEDAR VALLEY TECH WORKS, INC. f / COUNTY PARCEL NO. 8913-23-377-008 PROJECT PARCEL NO. 02 SECTION: 23 TOWNSHIP: 89 N RANGE: 13 W N 59'48'43" E (5 60'03'26" W) 65.52' N 59'48'43" E 7.49' N 59'46'43" E 11.12' -s 60'05'44" W 67.00' FND, CUT "X • \ \ N 26'49'49" W 196.55' (N 27'05157" W 198,63') LEGEND: \ \ 9, i\ rQ 1 G\ r 11 \Ci 111��\ 94. 1 r431\ til • Vi' \I4 \ Wr)„\ 4 IY A \ NORTHWESTERLY UNE OF LOT 4, TECH WORKS ADDITION 4 5 19'46'15" E 13,06' S 63'37'35" W 3.58' LOT 4, TECH \ WORKS ADDITION • 2009-00000007 '• 2019-00010672 • • • \ • S 27'09'35" E 143.28' \ R.O.W. ACQUSLTION • i 928 SQUARE FEET • 1 •• •1 • \ • • • PARCEL OR LOT CORNER MONUMENT FOUND \ 1 o SET 1/2" x 24" REBAR w/YELLOW PLASTIC ID CAP #21428 N 62'07151' E 124,28' MEASURED DIMENSION RECORD DIMENSION (8 6224'24" W 124.22') 5 4620'00" E 209.51' (5 46'04'46" E 209.51') MOST SOUTHERLY CORNER OF PARCEL "D" FND. )"REBAR YELLOW CAP #10040 1 1 SOUTHEASTERLY LINE OF LOT 4, TECH WORKS ADDITION ti POINT OF ti GINNING ,, soUTHERLY MOST CORNER OF LOT 4, TECH WORKS ADDITION FND. } 'REBAR AO, , WillI 1 limey cartlly that Oils land &r,eying &aement woo prepared by rno or undo - my died personal aperrlaon and that I om a duly Ucereed Land S1rraror under the lows of the Slake 4i km, 21 d AARON L 181Et.lEA Date Mem number 21428 b K Hy Ikane.o renaeal dais is December 31, Pogea or sheds cownwl by Ws soak 2020 AECOM FND. NIREBAR S 48'32'37" E 43.52' S 62'0751" W 19,23' S 62'07'51" W 124.28 (5 62'24'24" W 124.22') SCALE IN FEET 0 15 30 45 60 1"=3C' • • • ••l SHEET 1 OF 2 Page 163 of 215 EXHIBIT "A" CONTINUED PREPARED 8Y AARON L. MUELLER, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 DESCRIPTION: PART OF LOT 4, TECH WORKS ADDITION TO THE C1TY OF WATERLOO, BLACK HAWK COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY MOST CORNER OF SAID LOT 4; THENCE NORTH 26'49'494 WEST ALONG THE NORTHEASTERLY UNE OF RIGHT-OF-WAY AQUIRED IN CLD 640, PAGES 696-702, 196,55 FEET TO THE NORTHERLY MOST POINT OF SAID AQUIRED RIGHT-OF-WAY; THENCE NORTH 59'48143" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 4, 7.49 FEET; THENCE SOUTH 19'46115' EAST, 13.06 FEET; THENCE SOUTH 63'37'35' WEST, 3.56 FEET; THENCE SOUTH 27'09135' EAST, 143.28 FEET; THENCE SOUTH 45'32137" EAST, 43.52 FEET TO THE SOUTHEASTERLY UNE OF SAID LOT 4; THENCE SOUTH 62'07'51' WEST ALONG THE SAID SOUTHEASTERLY LINE, 19.23 FEET TO THE POINT OF BEGINNING. THIS PARCEL CONTAINS 928 SQUARE FEET. BEARINGS ARE BASED ON THE SOUTHEASTERLY LINE OF SAID LOT 4 BEARING SOUTH 62'07'51" WEST. AECOM SHEET 2 OF 2 Page 164 of 215 EX11IBIT 'B" TEMPORARY CONSTRUCTION EASEMENT PLAT JEFFERSON STREET & COMMERCIAL STREET STREETSCAPE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: CEDAR VALLEY TECH WORKS, INC. COUNTY PARCEL NO. 8913-23-377-008 PROJECT PARCEL NO. 02 SECTION; 23 TOWNSHIP: 89 N RANGE: 13 W N 59'48'43" E (S 60'03'26" W) 65.52' N 59'043" E 7.49' N 59'48'43' E 11.12' - $ 60'05'40" W 67.00' FND. CUT "X" NORTHWESTERLY UNE OF LOT 4, TECH WORKS ADD111ON 19'4615° E 13.06' 5 63'37'35" W 3.58' fi A LOT 4, TECH WORKS ADDITION 2009-00000007 2019-00010672 5 27'09'35" E 143.28' \TEMPORARY EASEMENT 682 SQUARE FEET MOST SOUTHERLY CORNER 1 OF PARCEL "D" FND. h"REBAR YELLOW CAP /10040 SOUTHEASTERLY LINE OF LOT 4, TECH WORKS ADDITION ~-1 N 26'49'49' W 196.55' (N 27'05'57" W 196.63') 5 46'20'00" E 209.51' (S 46'04'48" E 209.51') 1 i 1 N 27'09'35" W 27.43' S 48'32'37" E 72,83' N 48'32'37' W 43.52' LEGEND: PARCEL OR LOT CORNER MONUMENT FOUND o SET 1/2' x 24' REBAR w/YELLOW PLASTIC ID CAP 121428 N 62'07'51" E 124.28' MEASURED DIMENSION ($ 62'24'24" W 124.22') RECORD DIMENSION POINT OF BEGINNING\ POINT OF COMMENCEMENT SOUTHERLY MOST CORNER OF LOT 4, TECH WORKS ADDITION FNA. )"REBAR 1,10ID „SP sr" "I \ INDEX LEGEND LOCA RON: LOT 4, TECH WORKS ADDITION REQUEST0R: CITY OF WATERLOO, IOWA PROFRIETOR: CEDAR VALLEY TECH WORKS, INC. SURVEYOR:_ AARON MUELLER ,SURVEY PREPARED 6Y: RESPOND TO: AECOM 501 SYCAMORE STREET, SUITE 222 WATERLOO, IOWA 50703 PHONE 319--874-6557 AARON , M U ELLEROAEC O M. C O M TEMPORARY CONSTRUCTION EASEMENT PLAT JEFFERSON STREET & COMMERCIAL STREET STREETSCAPE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: CEDAR VALLEY TECH WORKS, INC. COUNTY PARCEL NO. 8913-23-377-008 PROJECT PARCEL NO. 02 SECTION; 23 TOWNSHIP: 89 N RANGE: 13 W N 59'48'43" E (S 60'03'26" W) 65.52' N 59'043" E 7.49' N 59'48'43' E 11.12' - $ 60'05'40" W 67.00' FND. CUT "X" NORTHWESTERLY UNE OF LOT 4, TECH WORKS ADD111ON 19'4615° E 13.06' 5 63'37'35" W 3.58' fi A LOT 4, TECH WORKS ADDITION 2009-00000007 2019-00010672 5 27'09'35" E 143.28' \TEMPORARY EASEMENT 682 SQUARE FEET MOST SOUTHERLY CORNER 1 OF PARCEL "D" FND. h"REBAR YELLOW CAP /10040 SOUTHEASTERLY LINE OF LOT 4, TECH WORKS ADDITION ~-1 N 26'49'49' W 196.55' (N 27'05'57" W 196.63') 5 46'20'00" E 209.51' (S 46'04'48" E 209.51') 1 i 1 N 27'09'35" W 27.43' S 48'32'37" E 72,83' N 48'32'37' W 43.52' LEGEND: PARCEL OR LOT CORNER MONUMENT FOUND o SET 1/2' x 24' REBAR w/YELLOW PLASTIC ID CAP 121428 N 62'07'51" E 124.28' MEASURED DIMENSION ($ 62'24'24" W 124.22') RECORD DIMENSION POINT OF BEGINNING\ POINT OF COMMENCEMENT SOUTHERLY MOST CORNER OF LOT 4, TECH WORKS ADDITION FNA. )"REBAR 1,10ID „SP sr" "I \ I hereby certify thal fhb OM d Slrrveytng document toe papered by me or under my direct pe menet s pervtalon and Ihot I am a duly licensed Land Surveys( under the lows of Inn State of Iowa. *1d2S A L WflDote IER Llcnnua numb 21428 MIN Lir license renew dale IS December 41, Pays or sheets cowered by IN: seal: 20Zt} MCOM FND. )"REBAR N 82'07'51" E 19.23' 5 62'07'51" W 10.69' S 62'07'51" W 124.28 (6 6224'24" W 124.22) SCALE IN FEET D 15 30 45 60 ■.1 1"=30' 1 SHEET 1 OF 2 Page 165 of 215 EXHIBIT "B" CONTINUED PREPARED BY: AARON L, MUELLER. AECOM, 541 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-051 DESCRIPTION: PART OF LOT 4, TECH WORKS ADDITION TO THE CITY QF WATERLOO, BLACK HAWK COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY MOST CORNER OF SAID LOT 4; THENCE NORTH 82'07'51' EAST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 4, 19.23 FEET, THE POINT OF BEGINNING; THENCE NORTH 4812137' WEST, 43.52 FEET; THENCE NORTH 27'09'35' WEST, 27.43 FEET; THENCE SOUTH 48'32'37" EAST, 72.83 FEET TO THE SAID SOUTHEASTERLY UNE OF LOT 4; THENCE SOUTH 62'07'51' WEST ALONG THE SAID SOUTHEASTERLY LINE OF LOT 4, 10.69 FEET TO THE POINT OF BEGINNING. THIS EASEMENT CONTAINS 582 SQUARE FEET. BEARINGS ARE BASED ON THE SOUTHEASTERLY UNE OF SAID LOT 4 HEARING SOUTH 62'07'51" WEST. AECOM SHEET 2 OF 2 Page 166 of 215 EXHIBIT tiC" 1NOEX LEGEND LOCATION: TRACT 0, TECH WORKS ADDITION REOQESTOR: CITY OF WATERLOO, IOWA PROPRIETOR: CEDAR VALLEY `TECH WORKS, INC. SU YOR: —AARON MUELLER SURVEY "PREPARED BY: RESPOND TO; AECOM 501 SYCAMORE STREET, SUITE 222 WATERLOO, IOWA 50703 PHONE 319-874-6587 AARON. MU ELLEROAECOM.COM RIGHT-OF-WAY ACQUSITION PLAT JEFFERSON STREET & COMMERCIAL STREET STREETSCAPE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: CEDAR VALLEY TECH WORKS, INC. COUNTY PARCEL NO. 8913-23-378-003 PROJECT PARCEL NO. 03 SECTION: _23 TOWNSHIP: 89 N RANGE: 13 W N 37075'51" E 49'66' ARC LENGTH: 26.86' RADIUS: 181.63' DELTA: 08'28'22" CHORD: 26.84' CHORD BEARING: N 32'51'40" Ef / R.O.W. ACQUSITION 1.797 SQUARE FEET A ARC LENGTH: 48,35' RADIUS: 160.00' DELTA: 06'01'22" CHORD: 48.33' CHORD BEARING: S 48'7740" E (5 48'36'2B" E) 4,41( fi S 63'29'44 W 25.28' TRACT G, TECH WORKS ADDITION 2009-00000007 2019-00010672 LEGEND: S 411219" W 20.10' S 76'43'06" 33,77' I POINT OF BEGINNING N 45'28'59" W 10.14' POINT OF COMMENCHENT 5 44'33'01" W 5.00' > / N 39'23'44" E 117.20 �'► `�� (5 3914'56" W 117.20') r f 7 • PARCEL OR LOT CORNER MONUMENT FOUND o SET 1/2" x 24" REBAR w/YELLOW PLASTIC ID CAP #21428 N 62'07'51" E 124.28' MEASURED DIMENSION (5 62'24'24" W 124.22') RECORD DIMENSION F9 1 Wird> ;Ma ' I hereby caul tool Ihla Land Sunving daasnunt roe prepared by me or undo' my direct perianal mpernlilan and Mot I an a duly lkenead Land Surwyar under the Iari of the Stole of Iowa AARC l L 111.1ELLM Data Llea►ee number 21428 My license 1ene+rol data Ie lkoembnr 31, Pops or Abele coobrpd by lits each 2020 .A :Mr OM SCALE IN FEET 0 10 20 30 40 1"=20' SHEET 1 OF 2 Page 167 of 215 EXHIBIT "C" CONTINUED PREPARED BY; AARON L. MUELLER, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-8531 DESCRIPTION: PART OF TRACT ' " IN TECH WORKS ADDITION TO THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA DESCRIBED AS FOLLOWS. COMMENCING AT THE EASTERLY MOST CORNER OF SAID TRACT GG'; THENCE NORTH 45'26'59" WEST ALONG 'THE NORTHEASTERLY UNE OF SAID TRACT "0", 10.14 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 4.4'33'01" WEST, 5,00 FEET; THENCE NORTH 47'59'02" WEST, 11.38 FEET; THENCE SOUTH 4112'19" WEST, 20.10 FEET; THENCE SOUTH 76'43'06" WEST, 33.77 FEET; THENCE SOUTH 63'29'46' WEST, 25,28 FEET TO THE NORTHWESTERLY UNE OF SAID TRACT "G'; THENCE NORTHEASTERLY AN MC LENGTH OF 28.86 FEET ALONG A 181.63 FOOT RADIUS CURVE BEING CONCAVE NORTHWESTERLY AND HAVING A LONG CHORD OF NORTH 32'51140" EAST, 26.84 FEET; THENCE NORTH 37'05'51" EAST ALONG THE NORTHWESTERLY LINE OF SAID TRACT "G", 49.66 FEET TO THE NORTHERN MOST CORNER OF SAID TRACT 'G"; THENCE AN ARC LENGTH OF 48,35 FEET ALONG A 460,00 FOOT RADIUS CURVE BEING CONCAVE NORTHEASTERLY AND HAYING A LONG CHORD OF SOUTH 45'27'40" EAST, 48.33 FEET TO THE POINT OF BEGINNING. THIS PARCEL CONTAINS 1,797 SQUARE FEET. BEARINGS ARE BASED ON THE SOUTHEASTERLY UNE OF SAID TRACT 'G" BEARING NORTH 39'23'44' EAST, ACOM SHEET 2 OF 2 Page 168 of 215 CITY OF WATERLOO Council Communication Resolution approving an Acquisition Contract with Metropolitan Transit Authority, in the amount of $4,970.80, to acquire 1,140 square feet of right-of-way and 1,027 square feet of temporary easement for the J effers o n Street and Commercial Street Streetscape Improvements Project, located on Lot 28 of Auditor's Falls Avenue and Mullan Avenue Plat, between Westfield Avenue and W. Mullan Avenue, and authorize the Mayor to execute said documents. City Council Meeting: 6/24/2019 Prepared: 6/18/2019 REVIEWERS: Department 1' Inning & om:1mfp Clerk Office ATTACHMENTS: Description D A.ccs smtK.orm :mrm:tract SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, Ar c ve7 m 1.....„eA.» rm. Action A proved. )11::)1 ved Type 13 ckup MIatc Date 6/ 18/2 . 6192(: cm: p 9.5 .AM Resolution approving an Acquisition Contract with Metropolitan Transit Authority, in the amount of $4,970.80, to acquire 1,140 square feet of right- of-way and 1,027 square feet of temporary easement for the Jefferson Street and Commercial Street Streetscape Improvements Project, located on Lot 28 of Auditor's Falls Avenue and Mullan Avenue Plat, between Westfield Avenue and W. Mullan Avenue, and authorize the Mayor to execute said documents. Submitted By: Aric Schroeder, City Planner Approval The City of Waterloo is making s treets c ap e improvements along the Jefferson Street and Commercial Street corridors and needs to acquire this area for the project. $4,970.80. This price includes $4,560 for the fee title right-of-way acquisition of the 1,140 SF area, and $410.80 for the temporary construction easement on the 1,027 SF area. Gaming Grant Acquisition for streetscape improvements project Page 169 of 215 ACQUISITION CONTRACT Parcel No. 1 PROJECT Jefferson St and Commercial St Streetscape Improvements THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of between Metropolitan Transit Authority ("Seller"), and City of Waterloo, Iowa, ("Buyer"). , 2019 by and Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See Right -of -Way Acquisition Plat and legal description attached as Exhibit "A", and Temporary Construction Easement Plat and legal description attached as Exhibit "B", City of Waterloo, State of Iowa, which includes any buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon, 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Sellers intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 4,970,80 . This price includes $4,560 for the fee title right -of --way acquisition of the 1,140 SF area identified in Exhibit "A", and $410.80 for the temporary construction easement on the 1,027 SF area identified in Exhibit "B". 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Buyer agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. Reserved 9. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 10. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such Page 170 of 215 insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise ifs power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to § 1033 of the Internal Revenue Code. 12. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase 1 site assessment and recommended subsequent activities if the Buyer chooses to perform a Phase 1. In supplementation of the Phase 1, Seller agrees, no later than , to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only -in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set forth above. 2 - 61- y 7 **NAME**, **TITLE**, Metropolitan Transit Authority SSN or EIN //1":7,4,t - fir [Seller name] SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: Acknowledged before me on Seller]. _ TIM ANDERA �hF COMMISSION NO. 772518 * " * W COMMISSION EXPIRES, APRIL i i, 2021 Twp► APPROVAL RECOMMENDED BY: City Planning Staff oY SSN or EIN ( Notary Public (Date) APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: Acknowledged before me on by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 171 of 215 EXHIBIT "A" RIGHT-OF-WAY ACQUSITION PLAT JEFFERSON STREET & COMMERCIAL STREET STREETSCAPE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: METROPOLITAN TRANSIT AUTHORITY COUNTY PARCEL NO, 8913-23-452-007 PROJECT PARCEL NO. 01 SECTION: 23 TOWNSHIP: 89 N RANGE: 13 W FND. CUT "X" N 62'07'51" E 124.28' (S 62'24'24" W 124.22') /N — N 62'07'51" E 19.23' POINT OF BEGINNING E , WESTERLY MOST CORNER OF LOT 28, AUDITOR'S FALLS AVENUE AND It MULLAN AVENUE PLAT 1\� '1,\ h � h \ \ \\ \\ • \ \\ \ \\ \ \\ \ • `\ r N 48'59'48" W 67.75' \\•\ N 48'59'48" W 523.67'r� N 48'59'48" W 533.75' ` , (533.7') /iz<z( • PARCEL OR LOT CORNER MONUMENT FOUND LOT 28 AUDITOR'S FALLS AVENUE AND MULLAN AVENUE PLAT S 48'32'37" E 60.96' \\ R,O.W. ACQUSITION \\\ 1,140 SQUARE FEET LEGEND: f 523.94' . \ .0 0 SET 1/2" x 24" REBAR w/YELLOW PLASTIC ID CAP #21428 N 6707151" E 124.28' MEASURED DIMENSION (5 6724124" W 124.221) RECORD DIMENSION p .••'"''' INDEX LEGEND LOCATION: LOT 28, AUDITOR'S FALLS AVENUE AND MULLAN AVFNUF PI AT REQUESTOR: CITY OF WATERLOO, IOWA PROPRIETOR: METROPOLITAN TRANSIT AUTHORITY SURVEYOR: AARON MUELLER SURVEY PREPARED BY: RESPOND TO: AECOM 501 SYCAMORE STREET, SUITE 222 WATERLOO, IOWA 50703 PHONE 319-874-6587 rAARON.MUELLER 'AECOM.COM RIGHT-OF-WAY ACQUSITION PLAT JEFFERSON STREET & COMMERCIAL STREET STREETSCAPE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: METROPOLITAN TRANSIT AUTHORITY COUNTY PARCEL NO, 8913-23-452-007 PROJECT PARCEL NO. 01 SECTION: 23 TOWNSHIP: 89 N RANGE: 13 W FND. CUT "X" N 62'07'51" E 124.28' (S 62'24'24" W 124.22') /N — N 62'07'51" E 19.23' POINT OF BEGINNING E , WESTERLY MOST CORNER OF LOT 28, AUDITOR'S FALLS AVENUE AND It MULLAN AVENUE PLAT 1\� '1,\ h � h \ \ \\ \\ • \ \\ \ \\ \ \\ \ • `\ r N 48'59'48" W 67.75' \\•\ N 48'59'48" W 523.67'r� N 48'59'48" W 533.75' ` , (533.7') /iz<z( • PARCEL OR LOT CORNER MONUMENT FOUND LOT 28 AUDITOR'S FALLS AVENUE AND MULLAN AVENUE PLAT S 48'32'37" E 60.96' \\ R,O.W. ACQUSITION \\\ 1,140 SQUARE FEET LEGEND: f 523.94' . \ .0 0 SET 1/2" x 24" REBAR w/YELLOW PLASTIC ID CAP #21428 N 6707151" E 124.28' MEASURED DIMENSION (5 6724124" W 124.221) RECORD DIMENSION p .••'"''' hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surnayor under the lairs of the State of Iowa. s f' Wadi, 2142e 1 AARON L MUELLER bate % 1 s',.. 1� License number 21420 /owl, Icy license renewal data is December 31, Pages or sheets covered by this seal: 2020 AECOM S 41'27123" W 17.45' \ \ SCALE IN FEET 0 10 20 30 40 1"=20' SHEET 1 OF 2 Page 172 of 215 EXHIBIT "A" CONTINUED PREPARED BY: AARON L. MUELLER, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 DESCRIPTION: PART OF LOT 28 IN AUDITOR'S FALLS AVENUE AND MULLAN AVENUE PLAT IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY MOST CORNER OF SAID LOT 28; THENCE NORTH 62'07'51" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 28, 19.23 FEET; THENCE SOUTH 48'32'37" EAST, 60.96 FEET; THENCE SOUTH 41'27'23" WEST, 17.45 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 28; THENCE NORTH 48'59'48" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 28, 67.75 FEET TO THE POINT OF BEGINNING. 11F11S PARCEL CONTAINS 1,140 SQUARE FEET. BEARINGS ARE BASED ON THE NORTHWESTERLY LINE OF SAID LOT 28 BEARING NORTH 62'07'51" EAST. AECOM SHEET 2 OF 2 Page 173 of 215 EXHIBIT "B" INDEX LEGEND LOCATION: LOT 28, AUDITOR'S FALLS AVENUE AND MULLAN AVENUE PLAT REQUESTOR: CITY OF WATERLOO, IOWA PROPRIETOR: METROPOLITAN TRANSIT AUTHORITY SURVEYOR: AARON MUELLER SURVEY PREPARED BY: RESPOND TO: AECOM 501 SYCAMORE STREET, SUITE 222 WATERLOO, IOWA 50703 PHONE 319-874-6587 AARON. MUELLER@AECOM.COM TEMPORARY CONSTRUCTION EASEMENT PLAT JEFFERSON STREET & COMMERCIAL STREET STREETSCAPE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: METROPOLITAN TRANSIT AUTHORITY COUNTY PARCEL NO. 8913-23-452-007 PROJECT EASEMENT PARCEL NO. 01 SECTION: 23 TOWNSHIP: 89 N RANGE: 13 W N 62'07'51" E 124.28' (S 6224'24" W 124.22') POINT OF BEGINNING FND. CUT "X" N 62'07151" E 19.23' N62'07'51"E 10.69' r r r r Ai AGR. ..---- iN ,---- ct<,,,), ,, 10?pis 0E �� LOT 28 AUDITOR'S 0° FALLS AVENUE AND MULLAN AVENUE PLAT S 005 % ti \EMPORARY EASEMENTS] `��` 1,027 SQUARE FEET 1 ~,:•�` , ,' �`# I iti 4fr N� / 5 41'55'26" W 41.34' `',. i f ' f f�r`ti 523.94' \k,, (/<,/,/,(\ -- ,'\ , \ s ' ' 46\0 ti 1_ POINT OF COMMENCEMENT WESTERLY MOST CORNER OF LOT 28, AUDITOR'S FALLS AVENUE AND 1�, MULLAN AVENUE PLAT \ \\ \\ \\ \ N 48132'37" W 60.96' N 48'59'48" W 69.70' N 41'27'23" E 17.45' N 48'59'48" W 523.67' N 48'59'48" W 533.75' (533.7') S 48'32'37" E 31.51' N 46'29'28" E 13.96' S 48`32'37" E 26.74' LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND (� SET 1/2" x 24" REBAR w/YELLOW PLASTIC ID CAP #21428 N 62'07'51" E 124.28' (S 62'24'24" W 124.22') MEASURED DIMENSION RECORD DIMENSION p .••. ... ... `,4).. t 2142$J .,i '+f1'M>r� Nr ro 1 herehy certify that this Lend Surveying document was prepared by me or under my d'xect personal supervision and that 1 am a duly licensed Land Surveyor under the laws of the State of Iowa. AARON L MUELLER Date License number 21428 My license renewal date is December 31, Pages or sheets covered by this seal: 2020 AECOM t SCALE IN FEET 0 10 20 30 40 1"=20' SHEET 1 OF 2 Page 174 of 215 EXHIBIT "B" CONTINUED PREPARED BY: AARON L. MUELLER, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 DESCRIPTION: PART OF LOT 28 IN AUDITOR'S FALLS AVENUE AND MULLAH AVENUE PLAT IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF SAID LOT 28; THENCE NORTH 62'07'51" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 28, 19.23 FEET TO THE POINT OF BEGINNING; THENCE NORTH 62'07'51" EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 28, 10.69 FEET; THENCE SOUTH 48'32'37" EAST, 31.51 FEET; THENCE NORTH 46'29'28" EAST, 13.96 FEET; THENCE SOUTH 4832`37" EAST, 26.74 FEET; THENCE SOUTH 41'55'26" WEST, 41.34 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 28; THENCE NORTH 48'59'48" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 28, 1.95 FEET; THENCE NORTH 41'27'23" EAST, 17.45 FEET; THENCE NORTH 48'32'37" WEST, 60.96 FEET TO THE POINT OF BEGINNING. THIS EASEMENT CONTAINS 1,027 SQUARE FEET. BEARINGS ARE BASED ON THE NORTHWESTERLY LINE OF SAID LOT 28 BEARING NORTH 62'07'51" EAST. AECOM SHEET 2 OF 2 Page 175 of 215 CITY OF WATERLOO Council Communication Resolution approving the payment to Grow Cedar Valley (formerly Greater Cedar Valley Affiance) in the amount of $60,750, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 6/24/2019 Prepared: 6/19/2019 REVIEWERS: Department Clerk Office ATTACHMENTS: Description D V P ayen SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Reviewer c _.mrOec er, A,_ Even, 1..,eA m Action Approved Approved Type Cover M. err Date 6/19/2019 10:2 6/19/2019 ,,,,,,, 11:5 1AM- Resolution approving the payment to Grow Cedar Valley (formerly Greater Cedar Valley Affiance) in the amount of $60,750, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approve resolution The City of Waterloo has an agreement in place with Grow Cedar valley for the assistance in economic development activities. These activities pay a base amount plus the ability to gain additional funds for successful projects. $60,750 TIF funds Economic Development NA The City has had an agreement of some form with Grow Cedar Valley (in various previous names) since 1995. The current agreement pays a base amount of $28,500 ($14,250 twice per year). This amount is to cover day to day work on calls paperwork, attendance at seminars, workshops, proactive reaching out to companies, marketing, etc. Then there is the ability to gain additional payments for the year based on job creation or retention, new taxable value created, and acres of new development. The attachment from GCV shows the breakout of eligible funding request based on the Advanced Heat Treat expansion and Productive Resources (new company) into community. Page 176 of 215 The total they can request in a given year is $85,000. This request should put them at that maximum amount for the year. Page 177 of 215 GROW CedarValley � i � B".i � .� „� al�`�� � �V ' i r,irlr p 00Gi' 0 r/3 , a,,, h ,, June 18, 2019 Noel Anderson Director of Planning City of Waterloo 715 Mulberry Street Waterloo, IA 50703 RE: Grow Cedar Valley — Waterloo, IA FY2019 Contract Agreement Noel, The Grow Cedar Valley continues to appreciate the collaboration between GCV and the City of Waterloo staff to lead business development in the community. This letter is to follow up with our initial request for payment on May 31, 2019. We greatly appreciate your thoughtful consideration and review and request for incentive payment for Con -Trot. We further understand the City's preference to incentize when Con -Trot proceeds with physical construction. To that end, pursuant to our FY2019 contract we are requesting $60,750 in base and incentive payment for GCV ongoing work in Economic Development that supports the City of Waterloo, the completion of Advanced Heat Treat's (AHT) construction at MidPort America Business Park and the successful location and expansion of Productive Resources in the Cedar Valley TechWorks. Grow Cedar Valley assisted AHT with completing the successful state application for tax credits to help with their expansion that complemented city incentives. The project resulted in a $4.9 million capital investment and creation of 12 new jobs of which 6 exceed the starting wage rate of $15.94/hr. as outlined in the City/Grow Cedar Valley contract. Further, Grow Cedar Valley worked with Cedar Valley Techworks to initially locate Productive Resources in a small office on the third floor of the TechWorks building and within months the company grew and currently occupies 6,000/sf. The company has added at least 10 engineering positions and is planning to add 30 more positions in the next 12 months. Most of these individuals have been recruited by the company to Waterloo and the Cedar Valley. 30 j ir re r 10,0 IIII u 'IllllISW 3 ...�... :i... II... °.... fi 6, r�Va III IU ey . c o iirnn Page 178 of 215 Per 4 (a and b) based on GCVAC qualifies for: 1) End -year outstanding base of $14,250 on May 31, 2019; 2) $1,000 per $250,000 of new taxable value $914,570 for AHT expansion; 3) $1,000 per 1 acre of developed land adding 15,000/sf for AHT expansion; 4) $2,500 for 6 qualifying jobs exceeding $15.94/hr for AHT expansion; 5) $2,500 for 10 qualifying engineering jobs exceeding $15.94/hr. for Productive Resources; 6) Semiannual Performance payment of up to $5,000 for 3rd and 4th Quarter FY19 Contract. Noel, thank you for your consideration. Please let me know if you have any questions. Respectfully, Lisa M Skubal, CEcD Vice President of Economic Development c: Q. Hart, Mayor C. Da rra h � � il" III ul 11 3 11o ul Page 2 �I i... IIIIIII' i... `i...fi 6;1, , rVaIIIIey.coIlr Page 179 of 215 GROW CedarVail 360 Westfield Ave, Suite 200 Waterloo, IA 50701 Phone 319-232-1156 Fax 319-233-4580 Bill To: Mayor Quentin Hart City of Waterloo 715 Mulberry Street Waterloo, IA 50703 ey DATE: FOR: May 30, 2019 REVISED Investment DESCRIPTION AMOUNT FY2019 Base Payment Request (January 2019 - June 2019) FY2019 Incentive Request (December 2018 - May 2019) "$1,000 per $250,000 of new taxable value added to a development area." Advanced Heat Treat $19,660 $1,000 per $250,000 of new taxable value $914,570 for expansion $3,660 $1,000 per 1 acre of developed land adding 15,000/sf for expansion $1,000 $2,500 for 6 qualifying jobs exceeding $15.94/hr for expansion $15,000 Productive Resources $25,000 $2,500 for 10 qualifying engineering jobs exceeding $15.94/hr $25,000 "Semi Annual Performance Payment - $10,000 (for 2 quarters)" Remaining available for Semi -Annual Performance Payment* $1,840 *(full ask of $10,000 would exceed maximum incentive of $56,500 for the year - counting the $10,000 already paid November 2018) $14,250.00 $46,500.00 TOTAL Make all checks payable to: Grow Cedar Valley $ 60, 750.00 Page 180 of 215 CITY OF WATERLOO Council Communication Resolution approving an Amendment to a Development Agreement between CJE Properties, Green Development, and the City of Waterloo, Iowa, changing the completion date of homes to be renovated, and deeding back a lot to the City of Waterloo that was not used for new construction, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 6/24/2019 Prepared: 6/19/2019 REVIEWERS: Department Reviewer Action Date P1 imrmmrmmmm & onmmm ochroc d , IDw, A.mrle Office 1111 vemr.m, I.,e mrmm<'m Approved 6 „0... A.M. ATTACHMENTS: Description Type D CIF, Amendment Cove M mm.o SUBJECT: Submitted by: Resolution approving an Amendment to a Development Agreement between CJE Properties, Green Development, and the City of Waterloo, Iowa, changing the completion date of homes to be renovated, and deeding back a lot to the City of Waterloo that was not used for new construction, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approve the resolution The City of Waterloo worked with Charles Jones for the relocation of homes from the Highway 63 corridor redevelopment. Mr. Jones renovated Summa Statement: 316 Iowa Street and 807 Beech Street. Still needing to be finished are 738 Mobile Street, 316 Cottage Street, and 710 Cottage Street. The parcel at the southeast corner of North Barclay Street and Adams Street needs to be deeded back to the City of Waterloo. Expenditure Required: None Source of Funds: NA Policy Issue: Infill Housing Alternative: Not approve. The Highway 63 project removed 26 homes and 3 businesses from the corridor for the redevelopment project for improvements. The City worked with I D O T staff to help move some of the homes in better condition and able to be relocated due to being one story, s olid framework, building layout, Page 181 of 215 Background Information: etc. Mr. Jones was the developer interested in moving some homes replacing the foundations, and renovating the homes into an occupiable position. He renovated two, still needs work on three, and changed a location of one due to historic tax credits. This amendment will allow a new buyer for these properties to finish the work on three homes and deed the empty lot back to City. Legal Description for lot to be deeded back to City: Legal Descriptions: AUDITOR FRANCIS ROSE HILL PLAT LOT 1 Page 182 of 215 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 Name Address City (319) 234-5701 Phone AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of June , 2019, by and between CJE Properties (the "Developer"), Green Development Waterloo, LLC ("Green") and the City of Waterloo, Iowa (the "City"). RECITALS A. Developer and City are parties to that certain Development Agreement dated May 17, 2010 and filed October 13, 2011 as Doc. No. 2012-6670 (the "DA"), concerning the development of land (the "Property") described therein. B. Green is an affiliate of Developer by common ownership or control. Green holds title to the Property and desires to make a sale of certain portions to an unrelated party that intends to complete the improvements contemplated by the DA. C. The parties desire to amend the DA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The DA is hereby amended to add Green as a party, to have full responsibility jointly with Developer to ensure completion of the project work. Green agrees that it took ownership of the Property from City with full knowledge of the development duties required of Developer, Green's affiliate, pursuant to the DA and with full knowledge of the possibility of reverter of title as provided in the DA. 2. Section 3 of the DA is amended to provide that the deadline for completion of the project work is June 30, 2020. Page 183 of 215 Page 2 3. Exhibit "A" of the DA is amended to update property addresses as follows: 300 Cottage Street is now known as 312 Cottage Street, and 700 Cottage Street is now known as 710 Cottage Street. 4. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors, assigns and transferees. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CJE PROPERTIES By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk Title: GREEN DEVELOPMENT WATERLOO, LLC By: Title: Page 184 of 215 CITY OF WATERLOO Council Communication Resolution approving an Early Access Agreement with Professional Lawn Care, LLC, of Waterloo, Iowa, to allow earth -moving activities in preparation of development of the site north of 3488 Wagner Road, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 6/24/2019 Prepared: 6/19/2018 REVIEWERS: Department laming & Zoning Clerk. Office Reviewer Schroeder, - .rmc Even, aeAnn ATTACHMENTS: Description :art. .cce ; Yreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Action A pprvcd. Approved Type Back ... t,c r ..all.. Date 6/19/2 6/1 9 2( :49 AM Resolution approving an Early Access Agreement with Professional Lawn Care, LLC, of Waterloo, Iowa, to allow earth -moving activities in preparation of development of the site north of 3488 Wagner Road, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approve document Professional Lawn Care will be constructing a new headquarters along Wager Road. They are requesting to begin work on the east side of the property to prepare it for construction. None NA Strategic goals 1, 2, and 4 for economic development of the area. Not approve Wagner Road Subdivision Lots 3 & 4 Page 185 of 215 EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of 2019, by and between the City of Waterloo, Iowa ("City"), and Professional Lawn Care, LLC (the "Company"). WHEREAS, City and Company are finalizing the terms of a development agreement concerning a project to be undertaken by Company on certain real property described or depicted on Exhibit "A" attached hereto (the "Property"), located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area; and WHEREAS, the parties desire that Company have access to the Property to begin certain activities before the Property is conveyed to Company. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to survey work and earth moving. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property. Company's right to conduct its activities upon the Property are expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. Until City delivers a deed to Company, Company may not pour footings or foundations or otherwise begin any work of constructing improvements. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $2,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Company agrees to be responsible for any liability which may arise out of the acts or omissions of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising out of said acts or omissions, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. Page 186 of 215 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the term hereof and restore, as nearly as possible, the condition of the Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 5. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the terms of a development agreement in respect of the Property as expeditiously as possible. 6. The rights and duties of Company under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA PROFESSIONAL LAWN CARE, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 2 Managing Member Page 187 of 215 EXHIBIT "A" Legal Description of Property Lots 3 and 4, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 188 of 215 CITY OF WATERLOO Council Communication Resolution approving an Affidavit for release of property sale for an approved project in the Development Agreement with Residential Development Partners, LLC, and authorize the Community Planning and Development Director to execute said document. City Council Meeting: 6/24/2019 Prepared: 6/19/2019 REVIEWERS: Department �m it g & Zoning Clerk Office ATTACHMENTS: Description D Affidavit „ SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer Schroeder, - .ric Even, I.,eAnn Action A pprvcd. Approved. Type Cover Mego Date 6/1 9 2. 6/1 9/2( :2:... :46 AM Resolution approving an Affidavit for release of property sale for an approved project in the Development Agreement with Residential Development Partners, LLC, and authorize the Community Planning and Development Director to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director Approve resolution The Affidavit helps for clear title of home built on Baltimore Field, as it allows the release of the reversionary clause wording in the full development agreement for this particular house sale. None NA Infill Housing Not approve The City of Waterloo entered into a larger Development Agreement for multiple homes to be built. As a home is built and is ready to be sold, the Affidavit will allow for the house to be sold with clear title. This process ensures to the City of Waterloo that the home has been fully built and has received a Certificate of Occupancy to meet the City's goals of new home ownership in the community. Lot 4, Hawthorne Estates First Addition, City of Waterloo, Black Hawk County, Iowa. Page 189 of 215 Prepared by Christopher S. Wendland, P.O. Box 569, Waterloo, IA 50703. (319) 234-5701 After recording, send to: AFFIDAVIT STATE OF IOWA, COUNTY OF BLACK HAWK, ss: The undersigned, being first duly sworn on oath, deposes and states as follows: 1. I am Community Planning and Development Director for the City of Waterloo, Iowa. I am familiar with the terms of a certain Development Agreement (the "Agreement") dated June 25, 2012 and filed October 19, 2012 as Doc. No. 2013-8061, by and between Residential Development Partners, LLC (the "Company") and the City of Waterloo, Iowa (the "City"), as amended by an instrument dated January 28, 2019 and filed April 19, 2019 as Doc. No. 2019-15571. The Agreement imposed certain development obligations on Company, and the City held a possibility of reverter as security for the performance of those obligations. 2. I am personally familiar with the project covered by the Agreement, and I acknowledge that the conditions constituting a Release Event, as set forth in Section 3 of the Agreement, have been satisfied with respect to the following property: a. Lot 4, Hawthorne Estates First Addition in the City of Waterloo, Black Hawk County, Iowa. 3. I execute this affidavit to confirm that the City's reversionary rights under the Agreement have, by occurrence of the Release Event(s), been terminated with respect to the above-described properties. Dated June , 2019 Noel Anderson Subscribed and sworn to before me on June , 2019. Notary Public Page 190 of 215 CITY OF WATERLOO Council Communication Resolution approving Amendment No. 1 to the Professional Services Agreement with Ritland+Kuiper Landscape Architects for final design documents and construction related services for Jefferson and Commercial Streets (River Road to 3rd Street) in Downtown Waterloo, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 6/24/2019 Prepared: 6/20/2019 REVIEWERS: Department Planning & ;oni Clerk Office ATTACHMENTS: Description D . ,..n en.drn.e m. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer Anderson, Noel 111 v��rm, 1AeAnn. Action Approved A pprovcdd. Type Cove l f rm m.o Date 6/2,0/20' 6/2,0/201. 3:43 5:36 P M Resolution approving Amendment No. 1 to the Professional Services Agreement with Ritland+Kuiper Landscape Architects for final design documents and construction related services for Jefferson and Commercial Streets (River Road to 3rd Street) in Downtown Waterloo, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Approve amendment The City is working on the Downtown Waterloo improvements with the WDC, as well as coordinating improvements with the Iowa Department of Transportation for the Highway 63 project through Downtown Waterloo. There is some grant funds contained within the Highway 63 project for streetscape improvements along Highway 63, and this final design agreement will look at integrating those designs along Jefferson and Commercial Streets as well. WDC funded ($180,000) WDC funds Downtown Development Not approve see summary and attachments NA Page 191 of 215 AMENDMENT #1 TO AGREEMENT BETWEEN CLIENT AND LANDSCAPE ARCHITECT In accordance with the agreement dated October 23, 2017, between the following parties: CLIENT: Waterloo Development Corporation and the City of Waterloo LANDSCAPE ARCHITECT: RITLAND+KUIPER Landscape Architects (RKLA) for the following PROJECT: JEFFERSON & COMMERCIAL STREETSCAPE IMPROVEMENTS Authorization is requested to proceed with the following additional services: Construction Documents and Construction Related Services You have requested our services for final design construction documents and construction related services to assist you in the renovation of streetscapes in downtown Waterloo along Jefferson Street and Commercial Street between River Road and 3rd Street. These improvements may also extend along the side streets between Jefferson and Commercial Streets, and along 3rd Street to Bluff Street. The area between and including U.S. Highway 63 (West 1st Street and Mullen Avenue) would be excluded from this work as that will be designed as part of a separate contract. We are proposing the following additional services as per the terms of our existing contract: 1. Construction Documents This will include work required to create a set of construction documents for the streetscapes, including: a. Attend coordination meetings with the WDC, City of Waterloo staff, and other consultants as required. b. Coordinate final plans to be provided by AECOM including work necessary to complete the grading, specialty pavement, sidewalks, driveways, landscaping, lighting, storm sewer, and utility connections. Included in these tasks will be the typical cross sections, tabulations and quantities, final plan and elevation sheets, detail layouts, and technical specifications. The following specific tasks lead to the completion of the final plans for the project. o Title and Legend Sheets, Typical Sections and Details o Bid Items, Estimate Reference Notes and General Notes o Tabulations and Quantities o Plan View Details and Elevation Sheets o Storm Sewer Design o Storm Water Pollution Prevention Plan (SWPPP) o Lighting and Electrical Plans o Technical Specifications o Construction Cost Estimate o Final Field Review and Quality Control Review o Project Meetings, Coordination, and Administration c. Coordinate information related to adjacent building locations, floor elevations, site structures, and other site feature elements with Client. d. Coordinate site improvements with enhancement design for U.S. 63 corridor to make sure features work together in a cohesive overall design. e. Provide construction documents (plan details and specifications) for specialty paving, planting soils, plantings, and site furniture. Page 192 of 215 2. Construction Related Services Services to be provided for contract administration during the construction phase of the project as defined by the following tasks: a. Conduct a preconstruction conference attended by representatives of the Contractor, Subcontractors, Client, Consultants, and affected utilities. b. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. c. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. d. Review contractor's payment applications to determine if the amount of work represented as complete is generally consistent with the Landscape Architect's observations during its site visits. Landscape Architect's review shall be subject to any noted qualifications by the Landscape Architect. Landscape Architect's review shall not be a representation that Landscape Architect has supervised the work, or that Landscape Architect has reviewed how or for what purpose contractor has used or intends to use Owner's payments e. Perform construction site visits at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Although the Landscape Architect or its consultant may observe and discuss potential problems, these visits are not construction inspections or a guarantee that there will not be construction deficiencies. Staffing requirements may be adjusted during the project in relation to the level of construction activity. f. Prepare and assist the Client and Contractor in preparing and processing contract change orders. g. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. h. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise the Client of any work that should be corrected or rejected. i. Review required contractor submittals, such as shop drawings and samples, for conformance with project drawings and specifications. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Participate in a review of the project with the Client and review staff near completion and prepare a list of items to be completed or corrected. k. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. I. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, and additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. J. m. Assist the Client with the final close-out documentation from the Contractor. Based upon the above scope of work and services anticipated, RITLAND+KUIPER Landscape Architects (and their subconsultant, AECOM) will provide the services described above, and in accordance with the conditions outlined in our contract, for a sum not to exceed $180,000. Page 193 of 215 0 0 I .70.0 Ming for services will be hourly, at the rates listed below, and submitted monthly as the work progresses. 2 Ming rates effective through Decem'eer, 2018: Craig Ritiand FASLA, cipal Mark K i er, ASLA, Princtsal Sa antha rice, ASLA Mi E LANDSCA 0 BY: ARC ITECT *11 r K per, ASLA, r ED P, Principal Signature Dated: May 15, 2018 License/Certificate • IOWA 00413 Renekival Date: J lie 0, 2019 AGRE D T 125.00/hr. 125.00/h r. 75.00/hr. CLV ity of Waterloo Titie ate CU NT: WterIoo Develo Title Dated Page 194 of 215 CITY OF WATERLOO Council Communication Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner -Casper Avenue from Upland Drive - east side of Casper Avenue in a southerly direction. City Council Meeting: 6/24/2019 Prepared: 6/11/2019 REVIEWERS: Department Efic pcat:mor ,s ATTACHMENTS: Description Ordinance Change SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Reviewer Action i uc m,p e./\, mn Apprved. Type Cover enio Date 6/12/ Motion to receive, file, consider and pass for the second time an Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner - Casper Avenue from Upland Drive - east side of Casper Avenue in a southerly direction. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Sandie Greco, Traffic Superintendent Adopt Ordinance A safety issue for turning traffic from Upland Drive onto Casper Avenue while vehicles are parked on the east side of the street. Concerned citizens and Sanitation employees have brought this safety issue to our attention. Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 195 of 215 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING SUBSECTION (18a) GASPER AVENUE TO SECTION 553, NO PARKING HERE TO CORNER, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (18a) Casper Avenue of Section 553, No Parking Here to Corner, of the 2008 Traffic Code, is hereby added as follows: (18a) Casper Avenue From Upland Drive --East side of Casper Avenue in a Southerly direction. PASSED AND ADOPTED by the City Council this day of June, 2019, and approved by the Mayor this day of June, 2019. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 196 of 215 CITY OF WATERLOO Council Communication Motion approving denial of a Recycling Yard License application for Kevin's Auto & Truck, 953 Fulton Street, expiration April 30, 2019, for failure to provide a bond and failure to allow access for a site inspection. City Council Meeting: 6/24/2019 Prepared: REVIEWERS: Department Reviewer Action Date Ci 1perk Office ice 1., GSA n.n. Approved 61) 0/7 ATTACHMENTS: Description Type ,:.;ode Section :Backup . i.� c vmm� .'s A�p �.ca ton i c :m i .cna Recommended Action: Staff recommends denial. Summary Statement: City staff is recommending the application for a Recycling Yard License by Kevin's Auto & Truck, 953 Fulton Avenue, be denied on the following basis: 953 Fulton: 5/14 and 5/15/19 - No access for inspections as owners failed to be present for the inspections. Page 197 of 215 Chapter 10 RECYCLING YARDS 3-10-1: DEFINITIONS: A "recycling yard" is defined as any place where materials that would otherwise be considered waste, are collected, separated or processed to be used as raw materials. Materials would include, but not be limited to, scrap iron or other metals, motor vehicles not in running condition and not being restored to running condition, parts of vehicles, plastic bottles or containers, rags, paper, cardboard, glass and tires. (Ord. 3876, 7-6-1992) 3-10-2: LICENSE AND BOND REQUIRED: No person shall carry on or engage in the business of a recycling yard in the city without first procuring a license therefor, and paying a nonrefundable license fee of fifty dollars ($50.00) by May 1 of each calendar year. Any person conducting several or separate places of business shall obtain a license required by this chapter and pay the license fee therefor, and give a bond for each location. A bond shall be filed with the city clerk in the penal sum of one thousand dollars ($1,000.00), conditioned that the applicant will comply with and observe the terms and conditions of all provisions of this code and other city ordinances relating to said business, and that the applicant will pay all costs, fines and penalties incurred on account of failure to observe such laws. (Ord. 3876, 7-6-1992) 3-10-3: APPLICATION FOR LICENSE: A. Each person desiring to engage in the business of a recycling yard shall make written application to the city clerk, on forms furnished by the city clerk, which shall contain the following information: 1. Name and address of applicant. 2. Business name and business address. 3. Legal description of business premises. 4. Brief description of operation. Upon receipt of the completed application, bond and fee, the city clerk shall notify the following departments of said application and contents: city health inspector (or designee), planning and development department and the fire department. Said departments are responsible for inspection of the described premises in accordance with all city ordinances. Each department shall inform the city clerk of their decision to approve or disapprove the application based upon compliance with City ordinances. The city council shall then act upon the application and either approve or disapprove it. Upon city council approval, the city clerk shall issue a one year license accordingly. In the case of disapproval, the city council shall state the reasons for denial. Page 198 of 215 B. Said licenses shall be issued for a one year term and shall expire on April 30. Recycling yards, whether new or renewals, are subject to the same application and inspection procedures. C. Licenses are not transferable. Refunds shall not be granted for unused portions of the year. D. A license may be revoked by the city council, after required notice, for failure to comply with any or all city ordinances relating to the operation or maintenance of a recycling yard. (Ord. 3876, 7-6- 1992) 3-10-4: STANDARDS OF OPERATION: A. In addition to the requirements of Ordinance 2479, the city's zoning ordinance, each applicant is subject to the following: 1. No fires, other than those fully contained and used for heating purposes only, shall be permitted upon the premises licensed pursuant to this section, and no rubbish or other materials shall be burned except in an approved type incinerator. 2. The applicant shall maintain the licensed area in a sanitary manner as is reasonable and consistent with such an operation and shall not allow any condition to exist which constitutes a health or safety hazard to surrounding property or persons. B. Nothing in this chapter shall prohibit a police officer from entering the premises for the purpose of discovering stolen property. C. A recycling operation shall not sell, melt, breakup or otherwise dispose of any article which he has reason tobelieve has been stolen, or which is adversely claimed by any person, or which he has been notified not to sell or otherwise dispose of by the sheriff or police department. (Ord. 3876, 7- 6-1992) 3-10-5: COMPLIANCE BY EMPLOYEES: Each clerk, agent or employee of any recycling yard shall be subject to and bound by all the provisions of this chapter and shall be liable to the same penalties, and to the same extent as his employer or principal for any violations of this chapter, except that such clerks, agents or employees shall not be required to pay the license fee or procure the license required by this chapter. The employer of a clerk, agent or employee shall be liable for the acts of his clerk, agent or employee. (Ord. 3876, 7-6-1992) 3-10-6: ENFORCEMENT: A. No recycling yard shall refuse, resist or attempt to prevent any sheriff or police officer from making examination of the premises occupied by the recycling yard for the purpose of discovering stolen property. Page 199 of 215 B. No recycling yard shall sell, melt, breakup or otherwise dispose of any article which is adversely claimed by any person, or which he has been notified not to sell or otherwise dispose of by any sheriff or police officer. (Ord. 3876, 7-6-1992) 3-10-7: REVOCATION OF LICENSE: Any license issued pursuant to this chapter may be revoked by the city council at any time upon any failure on the part of the licensee to abide by the provisions of this chapter, and may be revoked whenever the operation or maintenance of any recycling yard by the licensee constitutes a nuisance. (Ord. 3876, 7-6-1992) Page 200 of 215 Date CiTY OF ATERL'AW"O, H311{PP 11 AlION FOR RECYCLlING YARD C 11ClyNSE CETY CODE SECTION 21 Name of Applicant: Appiioan s address: ..Phone Number: , Name of Business: Business Address; Phone Number: Legal description cf prop • tY: 1 -hereby agree to comply with all ordinances of the City ofIoorelatin Rec Olin Yards or any future amended ordinances. g o y O FOR OFHCE USE ONLY lnspection.Reports Recommend Or Approval Recommend for Denial Cornu ents: Recommend for Approval Recommend for Denial a'mrnenfs: Recommend for Approval Recommend for Denial Cornrnents: City Council ,,actio, Black Hawk County Health Dept. L ate Approved Denied Date 1,000.00 Bond Attached _ $50.00 applicafion fee receipt numbe Page 201 of 215 LEGAL DESCRIPTION NE SE & SE SE SEC 3 0 T 89 R 1 2 LYING NELY OF IC EXC 803.5 FT & EXC W 648.5 FT SEC 30 T 88 R 12 EXC COM AT THE NE COR OF SAID NE 1/4 OF THE SE 1/4 S 803.5 FT TO BEG Page 202 of 215 CITY OF WATERLOO Council Communication Motion approving denial of a Recycling Yard License application for Litzkow Auto Recyclers, 1720 Black Hawk Road, expiration April 30, 2019, for failure to provide a bond, application fee, and access for a site inspection. City Council Meeting: 6/24/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk : Office 1:Ven p 1I.,eA1mem Apprve 6/2 ATTACHMENTS: Description R. ecychng de Litzkow Summary Statement: Type 13 Back 1 City staff is recommending the Applications for Recycling Yard License of Litzkow Auto Recyclers, 1720 Black Hawk Road, be denied on the following basis: 1720 Black Hawk Road - 5/15/19 No access for inspections as owners failed to be present for the inspections and several visual violations present to include: Unsafe collapsed garage. No hazmat placards in place. No fire extinguishers. Egress paths blocked. No fire apparatus access. Salvage material piles too close (no separation) general storage. There were more than 300 waste tires on the property, and the tires were not on racks. Engines were not being taken apart over concrete slabs. This allows for the fluids to run over the ground leading to potential contamination. No pallet or other means to store batteries and help prevent leaking. Multiple piles of garbage and trash. Possible harborage for rodents. Old appliances on the property. Question if they are being disposed of properly. Page 203 of 215 Chapter 10 RECYCLING YARDS 3-10-1: DEFINITIONS: A "recycling yard" is defined as any place where materials that would otherwise be considered waste, are collected, separated or processed to be used as raw materials. Materials would include, but not be limited to, scrap iron or other metals, motor vehicles not in running condition and not being restored to running condition, parts of vehicles, plastic bottles or containers, rags, paper, cardboard, glass and tires. (Ord. 3876, 7-6-1992) 3-10-2: LICENSE AND BOND REQUIRED: No person shall carry on or engage in the business of a recycling yard in the city without first procuring a license therefor, and paying a nonrefundable license fee of fifty dollars ($50.00) by May 1 of each calendar year. Any person conducting several or separate places of business shall obtain a license required by this chapter and pay the license fee therefor, and give a bond for each location. A bond shall be filed with the city clerk in the penal sum of one thousand dollars ($1,000.00), conditioned that the applicant will comply with and observe the terms and conditions of all provisions of this code and other city ordinances relating to said business, and that the applicant will pay all costs, fines and penalties incurred on account of failure to observe such laws. (Ord. 3876, 7-6-1992) 3-10-3: APPLICATION FOR LICENSE: A. Each person desiring to engage in the business of a recycling yard shall make written application to the city clerk, on forms furnished by the city clerk, which shall contain the following information: 1. Name and address of applicant. 2. Business name and business address. 3. Legal description of business premises. 4. Brief description of operation. Upon receipt of the completed application, bond and fee, the city clerk shall notify the following departments of said application and contents: city health inspector (or designee), planning and development department and the fire department. Said departments are responsible for inspection of the described premises in accordance with all city ordinances. Each department shall inform the city clerk of their decision to approve or disapprove the application based upon compliance with City ordinances. The city council shall then act upon the application and either approve or disapprove it. Upon city council approval, the city clerk shall issue a one year license accordingly. In the case of disapproval, the city council shall state the reasons for denial. Page 204 of 215 B. Said licenses shall be issued for a one year term and shall expire on April 30. Recycling yards, whether new or renewals, are subject to the same application and inspection procedures. C. Licenses are not transferable. Refunds shall not be granted for unused portions of the year. D. A license may be revoked by the city council, after required notice, for failure to comply with any or all city ordinances relating to the operation or maintenance of a recycling yard. (Ord. 3876, 7-6- 1992) 3-10-4: STANDARDS OF OPERATION: A. In addition to the requirements of Ordinance 2479, the city's zoning ordinance, each applicant is subject to the following: 1. No fires, other than those fully contained and used for heating purposes only, shall be permitted upon the premises licensed pursuant to this section, and no rubbish or other materials shall be burned except in an approved type incinerator. 2. The applicant shall maintain the licensed area in a sanitary manner as is reasonable and consistent with such an operation and shall not allow any condition to exist which constitutes a health or safety hazard to surrounding property or persons. B. Nothing in this chapter shall prohibit a police officer from entering the premises for the purpose of discovering stolen property. C. A recycling operation shall not sell, melt, breakup or otherwise dispose of any article which he has reason tobelieve has been stolen, or which is adversely claimed by any person, or which he has been notified not to sell or otherwise dispose of by the sheriff or police department. (Ord. 3876, 7- 6-1992) 3-10-5: COMPLIANCE BY EMPLOYEES: Each clerk, agent or employee of any recycling yard shall be subject to and bound by all the provisions of this chapter and shall be liable to the same penalties, and to the same extent as his employer or principal for any violations of this chapter, except that such clerks, agents or employees shall not be required to pay the license fee or procure the license required by this chapter. The employer of a clerk, agent or employee shall be liable for the acts of his clerk, agent or employee. (Ord. 3876, 7-6-1992) 3-10-6: ENFORCEMENT: A. No recycling yard shall refuse, resist or attempt to prevent any sheriff or police officer from making examination of the premises occupied by the recycling yard for the purpose of discovering stolen property. Page 205 of 215 B. No recycling yard shall sell, melt, breakup or otherwise dispose of any article which is adversely claimed by any person, or which he has been notified not to sell or otherwise dispose of by any sheriff or police officer. (Ord. 3876, 7-6-1992) 3-10-7: REVOCATION OF LICENSE: Any license issued pursuant to this chapter may be revoked by the city council at any time upon any failure on the part of the licensee to abide by the provisions of this chapter, and may be revoked whenever the operation or maintenance of any recycling yard by the licensee constitutes a nuisance. (Ord. 3876, 7-6-1992) Page 206 of 215 Date ruy���,.'�� C rIFY OF �� T' .TE. RLO O, 0 W �N L +� ^Mti:.. I Y{ o FOR RECYCLING Y 4 R L li CENSE CITY CODE SECTION 21 Marne of Applicant Applicant's address: .Phone Number: W, Name of Business: Business Address: Phone Number: Legal description of pro.pea Brief description of operation .1 -hereby agree to comply with all ordinahces of the Cit -of Yards or any future amended ordinances, F. FIFE USE ONLY lnspection.Reports Recommend f6r Approval Recommend for Denial Comrnents: Recam oo relating to Recyci ng... nd for Approval ' Recommend for Denial Comm enfs: Recon n end for Approval Recommend for Denial COmn ents: Cqty Council a°,ctaoi" • Approved Denied a Fire Mack Hawk County Health Dept, $'l aa0.00 Bond Attached $50.00 application fee receipt nu rr b Date Page 207 of 215 7-'arcel num r: 8913-28-376-001 Tax 1720 BLACK HAWK RD WATERLOO, IA 50701 Property Address: Description, SE SW EXC 1113.4 FT LYING 5 Legal OF BLACK HAWK ROAD &EXC BEG AT NW COR SE SW TH S 25 FT TH E 981 Fr TH SELY TO A PT 1166 FT ACRES: 17.00 Parcel number: 8913-28.451-0 Property Address: Legal Description: 1 Tax District: 940008 W 25-1/2 A SW SE SEC 28 T 89 R 13 EXC BEG AT INTER E LINE SAID TRACT & SELY LINE BH RD TH 5 TO SELY COR SAID TRACT TH ACRES: 7.70 Assesscr.. the taxable value alter any applicable ca.,,,:,,,,2.:1.a.ticr, ict ta.,,‹es vAth any applicabi,e credits., Page 208 of 215 of CITY OF WATERLOO Council Communication Waterloo Housing Authority Board minutes of May 20, 2019. City Council Meeting: 6/24/2019 Prepared: REVIEWERS: Department Reviewer lIousing A ui ity Mayer, Sonia 0 n Clerk ice Iligby, N a n cy °using A uthorily iligby, Nancy !lousing Authority 111',, yen, 1.,eA n llo si g Authority Even, 1,eA n Clerk 0 fT'i 1 vn 1,c nn ATTACHMENTS: Description D Minute,: Action Date Ar.ypr 6/19/2019 9:16. AM ected 6/19/2019 9:56 AM Rejected 6/19/2019 9:57 AM Approved 6/19/2019 1:16 PM Approved 6/19/2019 1:18 P M Approved 6/19/2019 :18 .PM. Type Cover Me SUBJECT: Waterloo Housing Authority Board minutes of May 20, 2019. Submitted by: Submitted By: Julie Dawson, Executive Director Page 209 of 215 WATERLOO HOUSING AUTHORITY, Governing Board Minutes Monday May 20, 2019 at 4:45 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Klein, Morrissey, Amos, Juon, Schmitt, Feuss, Hand Motioned by Schmitt, seconded by Feuss, to approve the agenda and to approve the minutes from the March 25, 2019 as proposed. Ayes: All Motion: Carried. Old Business Julie Dawson was asked to update the Board on the status and timeframe of the Greenhill Point project -based vouchers. At this point, Greenhill Point will be built prior to award of any PBVs due to the Iowa Finance Authority's deadline to begin construction, and still receive the awarded tax credits. It will then be considered "existing housing" under HUD regulations, and will not be subject to Environmental Review or Subsidy Layering Review requirements. New Business Motioned by Juon, seconded by Feuss to approve a bid for a 3 -year contract for fee accounting to be awarded to Loucks & Schwartz beginning July 1, 2019. It was discussed why the contract was not going to the lowest bid. Michelle Weidner, Finance, spoke to the Council about her concerns with the migration of services from one fee accountant to another. More information was requested by the Council on the differences in services and how much it would take to switch to the lowest bid. A special meeting will be scheduled in regard to this for Monday, June 10, 2019. Motioned by Schmitt, seconded by Amos to approve HAPPY software upgrade to Housing Pro 9.1 in the amount of $8,917.00. Ayes: All Motion Carried. Motioned by Schmitt, seconded by Amos, to approve the purchase of 7 new Dell Optiplex 7060 MT computers for the Housing Authority offices. Amount of computers to be $5,005.00. Ayes: All Motion Carried. Motioned by Schmitt, seconded by Amos, to approve and accept the FY2019 HUD Statement of Operating Budget and Expenditures for Ridgeway Towers Public Housing. Ayes: All Motion Carried Motioned by Schmitt, seconded by Amos to approve and place on file the FYE 6/30/18 HUD Real Estate Assessment Center Audit Procedures conducted by RSM US LLP. Ayes: All Motion Carried Motioned by Schmitt, seconded by Amos to place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Ayes: All Motion Carried. Motioned by Juon, seconded by Morrissey to adjourn the meeting. Ayes: All Motion Carried. SAM Page 210 of 215 CITY OF WATERLOO Council Communication Waterloo Housing Authority Board Special Meeting minutes of June 10, 2019. City Council Meeting: 6/24/2019 Prepared: REVIEWERS: Department u Housing A..ut�.m�. r.ty Clerk Office 'lousing Autho i y "lousing Authority 1=io g A.uthori y Clerk Office ATTACHMENTS: Description M D WHA :IA. Minute SUBJECT: Submitted by: Reviewer Mayer, S c:r..:a gy, Nancy ley, 'Nancy 111 q v , eA n Even, LeA :f Action Date .ArJpr6/.19/20' 9 ,,,,, 9: 9 AM 6/19/ 2019 9:57 AM .Rej ected 6/19/2,019 9:58 AM .Approved 6/19/20'19 1:16 = M. .App 7oved 6/19/2019 ,,,,,,, 1: 1 8 PM .Approved 6/19/2019 ,,,,,,, :18 M Type Cover Me. Waterloo Housing Authority Board Special Meeting minutes of June 10, 2019. Submitted By: Julie Dawson, Executive Director Page 211 of 215 WATERLOO HOUSING AUTHORITY, Governing Board Special Meeting Minutes Monday June 10, 2019 at 4:45 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Klein, Morrissey, Amos, Juon, Schmitt, Feuss Motioned by Juon, seconded by Morrissey, to approve the agenda as proposed. Ayes: All Motion: Carried. Old Business Motioned by Juon, seconded by Feuss to approve a bid for a 3 -year contract for fee accounting to be awarded to Hawkins Ash CPAs, LLP beginning July 1, 2019. Julie Dawson updated the board on information received from all 3 firms that had submitted bids to the Waterloo Housing Authority for a 3 -year fee accountant contract. Julie Dawson and Michelle Weidner had discussed each firm's qualifications and have determined to seek approval of the Board to award the contract to the lowest bidding firm, Hawkins Ash CPAs, LLP. In addition the Housing Authority has agreed to reimburse the General Fund for additional finance staff time during the conversion process. Ayes: All Motion: Carried Motioned by Feuss, seconded by Morrissey to adjourn the meeting. Ayes: All Motion: Carried SAM Page 212 of 215 CITY OF WATERLOO Council Communication Community Development Board Meeting minutes of May 2019. City Council Meeting: 6/24/2019 Prepared: 6/19/2019 REVIEWERS: Department Reviewer Action Date Community Ir.: -veil. p Ions s, Ru - .y Approved roved 6/19 20 1 ...2 AM Clerk Office 1If 1 mgb Nancy Approved 6/19/20 ATTACHMENTS: Description Type (:.:;omirmrunity I c; c oprn Bo' rd Min s„e "::;over Memo SUBJECT: Submitted by: Recommended Action: 2G AM Community Development Board Meeting minutes of May 2019. Submitted By:Rudy D. Jones, Community Development Director approval Page 213 of 215 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING 1IN May 21, 2019 The regular meeting of the Community Development Board was held in the council chambers at City Hall at 715 Mulberry Street, Waterloo, Iowa at 4:00 p.m. on Tuesday, May 21, 2019. Members present: Donald Share, John Chiles, Cody Leistikow and Angela Weekley Members absent: Precious Clark -Muhammad, Lisa Munoz resigned as of May 17, 2019 Also present: Rudy D. Jones, Community Development Director; Anita Merfeld, Administrative Secretary; Matt Chesmore, Senior Rehabilitation Specialist; and Maria Downing, Code Enforcement Foreman A. APPROVAL OF THE AGENDA FOR MAY 21, 2019 Chairperson John Chiles asked for a motion to approve the agenda. It was moved by Share, and seconded by Leistikow to approve the Agenda. Motion carried. R. APPROVAL OF THE MINUTES FOR THE REGULAR MEETINGS ON MARCH 19 AND APRIL 16, 2019. Chairperson John Chiles asked for a motion to approve the minutes for the March and April meetings. It was moved by Share, and seconded by Leistikow to approve the minutes for the March and April 2019 meetings. Motion carried. C. OLD BUSINESS 1. Staff Updates and Training Interviews for intake specialist were scheduled for May 21, 2019, of the four who were scheduled; two of the applicants came in for interviews. In the last two months staff has gone to Lead Hazard Control Grant training in Minneapolis and Environmental training in Kansas City. 2. Emergency Policy Update Matt Chesmore discussed some of the policy changes that were made to the emergency repair program and asked the board to vote on the policy updates. Chairperson John Chiles asked for a motion to adopt the new emergency policy. Weekley made a motion to adopt the policy changes effective immediately and Share seconded that motion. A roll call vote was taken. All ayes. 3. FY20 Submission of Annual Action Plan and 5 -Year Consolidated Plan The plan is on track for submittal. The request for release of funds has been requested and the final plan should be submitted soon. D. NEW BUSINESS I. Guest Speaker -Maria Downing Maria explained Code Enforcement's role in the community. She visited with the board on ways that community development and the rest of the city work together. 2. Endorse Rehabilitation Contracts for March and April 2019 Chairperson John Chiles asked for a motion to approve the contracts for March and April 2019 It was moved by Leistikow, and seconded by Weekley to approve the March and April contracts. Motion carried. 3. Neighborhood Services Report 4. Contract- Waterloo Housing Trust Fund City of Waterloo Community Development Board was awarded $25,000 to add to our emergency repair program. These funds assist clients in making some of the more expensive projects feasible. 6. Resignation of Lisa Munoz Ms. Munoz has turned in a written resignation letter explaining that she must resign her position on the board because she feels if she can't give it her full undivided attention she must then resign. She feels with her schedule she would miss too many meetings. Rudy accepted the resignation and expressed his gratitude for all that Ms. Munoz did while on the board. Page 214 of 215 Minutes May 21, 2019 Page E. DISCUSSION ITEMS 1. Article- The Financialization of Housing ADJOURN MEETING With no further business it was moved by Share, and seconded by Leistikow to adjourn the meeting. Motion carried. The Chair declared the meeting ad' • . .e. Resp; fully sub IL i are oard Secretary Page 215of215