Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02/10/2014 (2)
RESOLUTION NO. 2014-085 WAS INADVERTENTLY SKIPPED THE CITY COUNCIL OF THE CITY OF WATERLO IOWA, REGULAR SESSION TO BE HELD AT TH. CITY HALL COUNCIL CHAMBERS, 5:30 l'.1/10 MONDAY, FEBRUARY 10, 2014 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. 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. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. 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. 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. You may speak one (1) time per item for a maximum of three (3) minutes. 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 5:00 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. February 10, 2014 Page 2 Roll Call. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. Agenda, as proposed or amended. Minutes of February 3, 2014, Regular Session, as proposed. Recognition of Deb Rosol for 30 years of service. 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. Acceptance of Acknowledgment/ Settlement Agreement in the amount of $1,500.00 with B & B East, 1615 Bishop Ave., Waterloo, Iowa for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Ze//hoefer, Assistant City Attorney 3. Request of Kaneshia Harrington for tax exemptions for rehabilitation of a single family dwelling with an estimated cost of $1,500.00 at 518 E 2nd Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted by Noel Anderson, Community Planning & Development Director 4. Request of Teanna Smart for tax exemptions for the construction of a new single family dwelling valued at $130,000.00 located at 927 Lafayette Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted by Noel Anderson, Community Planning & Development Director 5. Request of Tammy Banks for tax exemptions for the construction of a new twin home (condo) valued at $80,000.00 located at 4154 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 6. Request of Jane Sieleman for tax exemptions for the construction of a new twin home (condo) valued at $80,000.00 located at 4156 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director February 10, 2014 b. Motion to approve the following: 1. 2. 3. Page 3 Name & Title of Personnel Lt. Payne, Sgt. Feaker, Inv. Girsch Travel Requests Class/Meeting Iowa Narcotics Officer Assoc. Conference Destination W. Des Moines, IA Date(s) 03/25/ 14- 03/27/ 14 Amount not to Exceed $1,370.00 Abraham L. Funchess, Jr., Executive Director Officer Morley & Officer Jacobson National Fair Housing Training Academy Week Five Investigations Training Washington, D.C. 03/ 09/ 14- 03/ 15/ 14 $3,150.00 Crash Investigation 1 Evanston, IL 03/ 09/ 14- 03/21/14 $4,442.00 4. Mayor Clark's recommendation of the following appointments: Appointee Board/ Commission Expiration Date New or Re - Appointment Dave Buck Telecommunications Board 01/01/2020 Re Appointment Robert Tyson Community Development Board 03/01/2016 New Mike Butler Main Street's Board 12/31/2014 Re Appointment John Hayes Main Street's Board 12/31/2014 New Corey Lorenzen Main Street's Board 12/31/2014 Re Appointment Jane Messingham Main Street's Board 12/31/2014 Re Appointment Don Temeyer Main Street's Board 12/31/2014 Re Appointment 5. Recommendation of appointment of Kent Flege to the position of Mechanic (Street Department) from the current Civil Service list effective February 11, 2014, pending completion of pre-employment physical. Submitted by Mark Rice, Public Works Director February 10, 2014 Approved Beer, Liquor, and Wine Applications Name & Address of Business 6. Greg's Place 924-926 LaPorte Rd. Class New or Renewal C Liquor and Outdoor Service New Page 4 Expiration Includes Date Sunday 12/01/14 X Fireworks Display Application 7. Chuck FX, LLC to be held at National Cattle Congress, 257 Ansborough Avenue on February 15, 2014 from 9:15 p.m. to 11:15 p.m. (McElroy Event - Hairball Concert). PUBLIC HEARINGS 2. F.Y. 2014 Asphalt Overlay Program, Contract No. 857 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review. Submitted by Jamie Knutson, PE, Associate Engineer 3. Request for Proposal for Demolition and Site Clearance Services for 210 Clay Street, 211 Courtland Street, 223 Independence Avenue , and 120 Smith Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Rudy D. Jones, Community Development Director RESOLUTIONS 4. Resolution approving Service Agreement with Laughing Tree, LLC to operate ArtHouse Cafe within the Waterloo Center for the Arts effective March 1, 2014. Submitted by Kent Shankle, Cultural & Arts Director February 10, 2014 Page 5 5. Resolution approving submission of lam; ck Hawk County Gaming Association w rant app lication in the am tint of $9 ,O 0. 0 to /s a used for the demolition an reconstructin of the concession/restrz>om. building "<t the Byrnes Tennis Center; and authorize Mayor texecute sid document. Submitted by Mark Gallagher, Recreation Services Manager 6. Resolution approving submission of Waterloo Convention & Visitors Bureau Event/Capital Project grant application in the amount of $15,750.00 to be used for the demolition and reconstruction of the concession/restroom building at the Byrnes Tennis Center; and authorize Mayor to execute said document. Submitted by Mark Gallagher, Recreation Services Manager 7. Resolution approving submission of Cedar Trails Partnership grant fund request for a cross-country ski trail snow roller in an amount not to exceed $2,000.00. Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager 8. Resolution approving a contract addendum to the contract originally dated February 23, 2009 with Denver Construction of Denver, Iowa extending said agreement for three years to expire on April 9, 2017 at a cost of $58.68 per ton for the Drop -Off Site Recycling Collection and Disposal Program; and authorize Mayor and City Clerk to execute said document. Submitted by Larry N. Smith, Waste Management Services Superintendent 9. Resolution approving agreement for Traffic Safety Improvement Funding with Iowa Department of Transportation in the amount of $56,800 for safety improvements at the intersection of LaPorte Road and San Marnan Drive. Submitted by Sandie Greco, Traffic Operations Superintendent 10. Resolution approving the Program Evaluation and Payment to Greater Cedar Valley Alliance in the amount of $24,250.00, for economic development efforts completed in fiscal year 2014. Submitted by Noel Anderson, Community Planning and Development Director 11. Resolution approving Real Estate Purchase Agreement with Thompson Resident Holdings III, LLC for the acquisition and purchase of 1005 Lafayette Street in the amount of $20,000.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director February 10, 2014 Page 6 12. Resolution setting date of hearing as February 24, 2014 to approve request of Harris Cleaning of Waterloo, Iowa for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80' X 125' (10,000 SF) industrial building, located at the southwest corner of Northeast Drive and Newell Street; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning and Development Director 13. Resolution endorsing the use of Metropolitan Transportation Alternative Program Funds for the development of the Shaulis Road Trail from Hawkeye Road/Iowa Highway 21 to Isle of Capri Boulevard; and authorize Mayor to execute said document. Submitted by Aric Schroeder, City Planner 14. Resolution setting date of hearing as March 3, 2014 to approve the FYE2015 budget; and instruct City Clerk to publish notice. Submitted by Michelle Weidner, Chief Financial Officer ORDINANCES 15. An Ordinance Amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by adding a New Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations. Motion to receive, file, consider and pass for the first time an Ordinance Amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by adding a New Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Abraham Funchess, Human Rights Director 16. Ordinance Change - International Property Maintenance Code Motion to receive, file, consider and pass for the first time an Ordinance amending paragraph A of Section 2 of Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Craig Clark, Building Official/Maintenance Administrator February 10, 2014 Page 7 17. An Ordinance Amending the Code of Ordinances of the City of Waterloo9 by repealing Chapter 7, Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo; and enacting in lieu thereof a New Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo. Motion to receive, file, consider and pass for the first time an Ordinance repealing Chapter 7, Housing, of Title 9, Building Regulations, and enacting in lieu thereof a new Chapter 7, Rental Housing, of Title 9, Building Regulations. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Resolution approving the Crime Free Lease Addendum for Waterloo Housing Ordinance. Resolution approving the fee schedule for the Waterloo Housing Ordinance. Submitted by Craig Clark, Building Official/Maintenance Administrator OTHER COUNCIL BUSINESS 18. F. Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842 Motion to instruct City Engineer to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as March 17, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Jamie Knutson, P.E., Associate Engineer 19. Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866. Motion to instruct Waste Management Services to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as March 10, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Larry N. Smith, Superintendent of Waste Management Services. ORAL PRESENTATIONS Motion to receive and file oral comments. February 10, 2014 ADJOURNMENT Motion to adjourn. Page 8 Suzy Schares, CMC City Clerk/ Human Resource Director MEETINGS Monday, Februarq 20, 2014 3:40 p.m. - Council Work Session, Council Chambers 4:40 p.m. - Boards & Commissions Committee, Council Chambers 4:45 p.m. - Ordinance Committee, Council Chambers 5:05 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Cable TV Commission meeting minutes of November 7, 2013, on file in the City Clerk's office. 2. Waterloo Regional Airport Board meeting minutes of December 10, 2013, on file in the City Clerk's office. 3. Waterloo Leisure Services Commission meeting minutes of December 10, 2013, on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. FY2012 Street Reconstruction, Contract No. 819 Pay estimate No. 32 to ASPRO in the total amount due of $359,117.10 2. Waterloo Stormwater Lift Stations Study & Design Phase -Westfield Ave., Virden Creek & Vinton. Pay estimate to Stanley Consultants, Inc. in the total amount due of $15,502.33. February 3, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, February 3, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Mark Rice, Public Works Director. 142234 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 3, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142235 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 27, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark recognized Dick Olson for 30 years of service. Mayor Clark recognized the February 2014 Team Member of the Month, Kelly Stern. CONSENT AGENDA 142236 - Hart/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 February 3, 2014, in the amount of $525,711.36, 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. 2014-068. 2. Request of Dr. Walter Cunningham School of Excellence to hold Cunningham 5K Walk/Run event to be held at Dr. Walter Cunningham School of Excellence on Saturday, May 3, 2014 from 9:00 a.m. to 10:00 a.m., together with approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-069. 3. Request of Janelle Darst on behalf of My Waterloo Days Committee to hold My Waterloo Days event on June 11-15, 2014, with activities to be held at the Expo Plaza, Lincoln Park, and Byrnes Park including People In The Park on June 12 -13th, Parade, June 13th, 5K Run on June 14th, and Hot Air Balloons on June 14th; including street closures and barricade needs. Resolution adopted and upon approval by Mayor assigned No. 2014-070. 4. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Kum & Go #211, 1976 Franklin Street, Waterloo, Iowa for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Resolution adopted and upon approval by Mayor assigned No. 2014-071. 5. Request of Gerald Fries for tax exemptions for the construction of a new garage valued at $15,224.00 at 118 Leland Street located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2014-072. 6. Request of Danielle R. Rohret for tax exemptions for the rehabilitation of a single family dwelling valued at $118,121.00 located at 1013 Lafayette Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2014-073. •saaquraui pteoq pa4uroddP ATMau ag; pazrubooaa NapTO aoAeN '00'£06$ WooaTay 44T114P2 oq ;uawAEd sTTTq 3q uoaJ pauTegsge 4.47114oS 'rw 'paraaEO uoT4ow •uaAag :saAj-a4-0A TTPo TTog X 6T/8Z/ZO TEMauag leas O SSPTO 'auTM g ssETO 'IonbTZ S '4S AEMpeo1s O0Z 000Egos / aonbT2 '4T3 X ST/T£/TO TEMauag alas 0 SSETO 'au -EM 8 ssPTO 'aonbrZ S •OAy ATTSaaArun 6682 48T4nO 000Egos puP aonbT7 X ST/8Z/TO MON aonbTZ 0 •eAy 4914048-H T6£ abp3 buTuuTM aqj X 6T/6T/TT TPMauag _Teas 3 sSPT3 'auTM g ssoTO 'aonbrZ g -any aouapuadapul T9LT poo3 / aonbri any aouapuadapul X 6T/0£/60 TEMauag alas 0 ssETO -any TTa'-P TN '3 S£0Z dg spPoassoa0 AEpung sapnToul a4Pa u0Tgeardx3 TEMauag ao MON ssETO SsauTsng go ssaappV 5 awPN suoT4PoTTddy auTM puP 'aonbT7 'alas panoaddd 4uaui4uroddy MON LT/60/Z0 uorssTunuo3 uoT4PAaasaad oTao4sTH abaoa0 al -FP -ETV 4uauiquroddy MON LTOZ/60/ZO uoTssTunuoO uoT�.PAaasaad oTa04STH uosa��0 p3 Iuew uroddy MON OZOZ/ZT/TO pahog sNaoM aa4EM spueuaTM 4gooS uam4uToddy _OE .10 MaN a4Pa uoT etTdx3 uoTssrunuo0/paPog aaquToddy •OT • 6 • 8 • L ' 9 : s;uauiqurodde buTMoTTo; aq; go uoT4Ppuauuiooaa s ,3aPTO _ToAPW -5 00'09£$ 6T/£T/S0 VI 'seuToN sa0 UOT4EUTUIEXs SUPTd PI T3 ZTOZ-£d ao4oadsul A4a3Eg A4aadoad 'TagaTS 33af :aauTiu2Xg SUETd 'uiTagTgy 6a40 00'£OL$ 6T/LT/60 -6T/ST/60 NN 'Toed '4S buTgoOo3 buTao4uew -TUauiabeuOw ' uorsTAaadng TTegdui2O 4ueuagnaT7 00'OLL'T$ 6T/60/SO -6T/60/SO VI 'SauTow sea IauTiuex3 suPTd 9_TT3 Iogoadsul A4ageg A4aadoad 'TagaTS ;Jai' 00'OLL'T$ 6T/60/SO -VT/PO/S0 VI 'sauTow sea aauTWPx3 suPTd aaTd IauTWExg suPTd 'uwTagTgy ba10 paaoxa o� fou �unou� (s)aTPa uo-reuT4saa buT4aaw/ssPT3 Tauuoslad 3o aT;T,L 5 auIPN sgsanbag TaAPIL • 6 '£ ' Z • T :buTMoTTog ago aAoadde 04 uoT4ow •q '9L0-6TOZ •oN paubrsse toAEw Aq Tenoadde uodn pue pagdope uoT4nTosau •s4uaA3 go eTnpagog N4Pd uToouT'I 6TOZ aaununS eq, buTAoaddO s,00TaaTEM :aa;gg uTEw go 4sanbag •6 •SLO-6TOZ 'oN paubTsse aoAPw Aq TEAordde uodn pue pa4dope uoT4nTosag (y23n'IO) pall/ UOT4PZTTP4TA9g uegan S4Turrl ' TO aq4 UT pa4E0oT pue peog sP_TP0 £SLT 4P pa4P00T 00'LL8'L1Z$ 4P panTPA atuog ATTuIe aTbuTs Mau P go uoTgona4suoo egq. Iog suoT4dmaxa xe4 _To; uoagbne3 Puuy ' TPON go 4sanbag *PLO-6TOZ •oN paubTsse IoAEw Aq TEAolddp uodn puP pa4dope uoT4nTosag '(rdgn70) Pa_TV uOT4PZTTP4TAag uegln A4T0 eq4 uT pe e00T puP OATIQ auogsMoTTaX 6£86 pa4Eoo1 00.000'OSZ$ 4P penTPA auiog ATTWe3 aTburs Mau P go uoT4ona4suoo asp ao; SuoT4dmaxa )(eq. IO; uoagbnPO •f uag go gsanbag Z abed • 8 • L 6TOZ £ AaPnaga3 February 3, 2014 PUBLIC HEARINGS 142237 - Schmitt/Hart Page 3 that proof of publication of notice of public hearing on request of City of Waterloo to rezone 12 acres of land from "R -4,R -P" Planned Residence District and 110 acres of land from "A-1" Agricultural District to "B -P" Business Park District, located at the southeast corner of Highway 20 and Ansborough Avenue, as published in the Waterloo Courier on January 27, 2014, 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 objections and there were none. 142238 - Schmitt/Hart that the hearing be closed and approval of Planning, Programming and Zoning Commission received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142239 - Schmitt/Hart 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, Rezoning Certain Property in conjunction with request by City of Waterloo to rezone 12 acres of land from "R -4,R -P" Planned Residence District and 110 acres of land from "A-1" Agricultural District to "B -P" Business Park District, located at the southeast corner of Highway 20 and Ansborough Avenue", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. 142240 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. 142241 - Schmitt/Hart 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, Rezoning Certain Property in conjunction with request by City of Waterloo to rezone 12 acres of land from "R -4,R -P" Planned Residence District and 110 acres of land from "A-1" Agricultural District to "B -P" Business Park District, located at the southeast corner of Highway 20 and Ansborough Avenue", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5198. RESOLUTIONS 142242 - Hart/Welper that "Resolution approving submission of a grant application to Iowa Governor's Traffic Safety Bureau (GTSB) for an Alcohol -Impaired Driving Incentive Grant (405C program) for period of October 1, 2014 to September 30, 2015", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-077. 142243 - Hart/Welper that "Resolution approving AECOM as Designated Airport Consultant to fulfill FAA requirements for a term of five (5) years", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-078. 142244 - Hart/Welper that "Resolution approving Convention and Visitors Bureau Board recommendations for funding the following Hotel/Motel Partner Grant requests: National Wrestling Hall of Fame Dan Gable Museum in the amount of $5,904.00; Waterloo Community Playhouse/Black Hawk Children's Theater in the amount of $11,168.40; Waterloo Center for the Arts in the amount of $41,328.00; Grout Museum District in the amount of $34,882.00; Cedar Valley Arboretum & Botanic Gardens in the amount of $5,116.80", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-079. •uaznu0 NWK auAPd 4P •ut•d 6-9 uoz; 6TOZ 'L Azenzga3 'AepTz3 uoT:daaaz sueta4aA ueu4aTA eq4 04 auoH autoDTaM e pue )IOM �P szaTpToS 'a4ngTly uoT4TTeo3 usla4aA NosTg AaTTPA zepa0 'z°TTeL uosdwTS aT44oQ SNOIIVINSSEEd 'IK2i0 'f'80-f7TOZ 'oN paubTsse zoAew Aq TPAozdde uodn pue pa4dope uoT;nTosag •uanaS :s9Af-94oA TTPO TTog 'pa4dope aq '„40aCozd za4TagS P;sTA zepa0 6TOZ 'A•3„ u4 TM uoT;aunCuoa uT •o4a '4aea4uoo go utzo; 'suOT4s0T;Toads 'suPTd go aorpou usTTgnd o4 xzaTO '4T0 4anzgsuT pue t6TOZ '6Z Aaenaga3 se buruado pTq pup buTaeaq go aTep buT44as uoT4nTosag„ 4P144 aadTaM/41PH - TSZZbT '80-vTOZ 'oN paubTsse zoAeN Aq TPAoadde uodn pue pa4dope uoT4nTosau •uanaS :saAy-a4oA TTeo TToE 'pa4dope aq ',, oaCozd Ia4TagS P4sTA zepa0 bTOZ •X'3 144TM uoT4aunCuoa uT •o4a ';aez4uoa go utzo; 'suoT4e3T;Toads 'suPTd buTAozddP ATTzeuTWTTaad uoT4nTosag„ 4Pq; aadTaM/41eH - OSZZPT aTT� uo paae dpue 'paT.zzea uoT4ow •uanaS :saAy-a;oA aoToA T paATaaaz aq ,4oa ozd za4TaLIS P4sTA zepa0 6TOZ '.I'3„ 144TM UO-reunCuoa uT •o4a 'Joea4uoa ;o uizo; 'SU°T.e3T;Toads 'sueTd aTTg pue aATaoaa oq zadTaM/4zPH - 6VZZPT •paTzzeo uoT;ow •uanaS :saAf-a;oA aoToA 'BIT; uo paoeTd pue paATaaaz eq ',,oaCozd za;Tau; e4sTA tepa0 6TOZ 'A'3„ q TM uoT;ounCuoa uT •o4a '4aez4uoa ;o utzo; 'suoT4e3T;roads 'sueTd atedazd o4 Io4oaaTa aoTAzas aznsTa7 4ont suT o4 z9dTeM/4zPH SSSNISne 'IIONII00 U2H,LO 'Z80-VTOZ 'oN paubTsse aoAppq Aq TeAozddP uodn pup pa;dope uoT4nTosag •uanag :saAy-a4oA TTeo TTo2i 'pa4dope aq '„4uaunoop pres a4naaxa 04 xzaTO A4T3 pue toAew azTzou;ne pue l%OL 4e steaA £ pue %08 4e szeaA 9 go sa4egaz xe4 A4zadozd burzaggo pue a4Ts o4 anTeA aTgexe4 go 00.000'8Z£$ burppe 'anuaAy aTuzew uo burpTTnq TeTa4snpuT 4003 azenbs 000'9 e 3o uoT4ana4suoa eq4 Io; ooTzageM go A;TO eq4 pue oTAaIPpzTQ peuag uaaM4aq 4uauiaazbld 4uautdoTanaQ buTAozdde uoT4nTosag„ 4e144 4zPH/aToD 'T8O-7TOZ •oN paubTsse zoAew Aq TPAotdde uodn pue pa4dope uoT4nTosag •uanag :saAJ-a4oA TTP TT02i 'pa4dope aq '„4uau:noop pTPs a4naaxa o4 zoAew azTlou4ne pue :A4Tununuoo buTaosuods TeaoT eq4 SP oOTza4PM ;o A4T3 eq4 u4TM '4oeCOzd uoTsuPdxa Auedwo0 TP0TutagO a4TzpAH eq4 to; •00 TPDTutagD a4TzpAH pue A4Taoufnv 4uautdoTanaQ OTutouoo3 PMoI L[4TM 9ZO-0y-£T :DPz4uoO aoue4sTssiar 4uautdoTaAaQ oTwouoo3 o4 4uautpuaute Up buTAozddP U0T4fTos911„ ;eq4 - 8f7ZZ6T - Lt T 4I2H/aT00 - 9D.M7T '080-6TOZ 'oN paubTsse zoAPw Aq TPAozdde uodn pup pa4dope uoT4nToseu •szaquteuo TTaunoo eq; uT pTau sbuT4aaut ' To Io; quautdrnba uoT;e4uasazd oTuoa4oaTa buTAeu spzPMo4 xaoM pue buTTTaa eq4 zredaz 04 sT 41 •Aauout puoq Aq 10; pTed buraq sT 41 .pun; Tezauab eq; go no pTed buraq ;ou sT 4T 4eg4 pue Tapoutaz eq4 bursoddo sza4;aT 0M4 uaaq anew azag4 ;eq4 pa4ou xzeTO zoAew buruir a '4abpnq eq4 Ia4;e TT4un buTgTPM pagsabbns aH qq. o4 anp 4aaCozd eq4 4Ioddns fou ITTM au ;eq; pauTeTdxe 44T uoS 'zW (puT'I '4gruu3S) oMy :sAeN •aAT3 :saAJ-a4oA TTeo TTod .pa4dope aq '„4uautnoop pTPs a4noaxa o4 xuaTO ' TD pue zoAPw azTzoq ne pue :uoT4enoua23 saequteu0 TTaunoo ooTzaTPM go A4T0 eq4 u4TM uoT;ounCuoo uT '00.00;';$ 3o 4unoute eq4 uT I a4Puza4TV us L.;'lTM 00'000'68T$ 30 4unoute eqk uT 'PMoI 'ooTze eM g0 uoT4ana4suo0 AaTznH zoTTe3 o4 4eezquoo go p[PMP 3o uoT4epuaunuoaaz buTAozddP uoT4nTosag„ 4P144 b abed 4zeH/aTo0 - SPZZPT P.M '£ Alenlga3 • ary 3, 2014 .252 - Cole/Welper Page 5 that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 142253 - Cole/Welper that the Council adjourn at 5:46 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares, CMC City Clerk/Human Resource Director City of Waterloo Finance Committee Open Invoice Report r February 10 2014 Appro Finance Committee Accounts Payable Open Invoice Report Total As of Friday, February 07, 2014 Remove Agape Fosters Invoices EFT Transactions: 1,250,448.65 (2,677.30) 'Subtotal - as of Monday, February 10 2014 1,247,771.35 Workers Compensation Issued by TPA Gross Payroll Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's 7,981.29 1, 542, 894.13 2,824.00 Bill Payment Total - Monday, February 10, 2014 2,801,470.77 Council memb, or related $o.00 City of Waterloo Special EFT Preparer: GL Date Current date Banking Date: JE RH 02/14/14 02/13/14 02/13/14 990 Fund DEBIT Fund 010 11, 708.78 010 1 11, 708.78 010 010 1 0.00 010 010 1 0.00 010 010 1 0.00 010 010 1 0.00 11,708.78 11,708.78 11,708.78 11, 708.78 w/d amount To: (WF) Payroll Bank Acct c13,14)"0' VRNT $ 11,708.78 $ 11,708.78 ACH $ 11,708.78 1 $ 11,708.78 2 0.00 3 0.00 5 0.00 11,708.78 EFT issue for Fund 010 Fire -D Lingenfelter 2/13/2014 forms payroll banking net.xlsx Iktagt( City of Waterloo Bill Payments Bill Date 2/10/2014 Banking Date 2/11/2014 Prepared by: RH Journal Number 974 Fund Amount Fund Amount for formula 010 314,471.31 010 1 $ 314,471.31 101 308,736.67 101 1 308,736.67 224 47,194.90 224 2 47,194.90 266 142,780.10 266 1 142,780.10 283 14,501.93 283 3 14,501.93 290 16,210.73 290 1 16,210.73 291 2,275.08 291 1 2,275.08 407 3,407.26 407 4 3,407.26 408 6,382.81 408 4 6,382.81 411 4,738.38 411 4 4,738.38 412 3,868.53 412 4 3,868.53 413 22,170.87 413 4 22,170.87 426 30,610.04 426 1 30,610.04 520 201,393.83 520 5 201,393.83 521 336.62 521 5 336.62 525 2,585.51 525 1 2,585.51 610 126,106.78 610 4 126,106.78 WAR 1,247,771.35 juornal total 2,495,542.70 $ 1,247,771.35 1 $ 617,669.44 WAR formula (1,247,771.35) 2 47,194.90 3 14,501.93 Approved check total 1,247,771.35 4 166,674.63 5 201,730.45 6 0.00 w/d amount Bank Acct (RB) OVRNT $ 817,669.44 To: (RB) ACCTS PYBL (RB) CDBG 47,194.90 No ankln (USB)HOUSE 14,501.93 _____ Z/2 (RB)GOB 166,674.63 ",`') (RB)SEW 201,730.45 Nial $ 1,247,771.35 2/11/2014 forms bill banking net.xlsx 021014 1/a $ 1,247,771.35 Cittyv.f Waterloo Pt4roll Date 02/07/14 'Preparer: RH GL Date 02/07/14 Banking Date 02/07/14 JE 952 Fund DEBIT Fund Dir Dep ACH Dir Dep ACH 1 010 552,449.59 010 1 552,449.59 204 10,214.29 204 1 10,214.29 205 11,986.82 205 1 11,986.82 224 8,753.92 224 2 8,753.92 266 78,290.92 266 1 78,290.92 283 10,130.22 283 3 10,130.22 290 961.85 290 1 961.85 423 0.00 423 4 0.00 520 39,463.63 520 5 39,463.63 521 14,144.70 521 5 14,144.70 525 22,410.67 525 1 22,410.67 Net Payroll Total 748,806.61 Net Payroll Total 748,806.61 Dir Dep ACH (633,830.1 1) Net Payroll Total 748,806.61 Net Payroll checks only 114 978.50 Bank Acct (RB) OVRNT (RB) CDBG (USB)HOUSE /(RB)SEW Net Payroll checks only 1 $ 42,484.03 2 8,753.92 3 10,130.22 5 53,608.33 114,976.50 w/d amount To: (WF) Payroll 42,484.0352- �a _ 8,753.926560 10,130.22 53,608.33 $ 114,976.50 Dir Dep ACH ACH 633,830.11 Net Payroll Total $ 748,806.61 11ZYf tiMI ° ' =4)3293 1.41) a 7-P7' ofg 7-- 2/6/2014 forms payroll banking net.xlsx blank le101 pUBJ 2/7/2014 forms pyr11 vendor disbrs banking net.xlsx 020714 cks+EFT XI C M M 73 CO CO CO 03 03 CO Cr/ 0 0 0 M I 0 0 < * 0 03 CO M C 61 CI Z cn -I m a) (31 (31 a) ir, UI C.4 01 UI .a_ NJ NJ UI co 4unowe p" 03 4.0 0) 53 43 43 0 0 CO CD 0 b 0 > A -N 43 43 b o 0 4.. -O. -I ..... Cn 07 .101 ONVIO -4 V 03 CO 0) CO NJ NJ NJ NJ b 0 0 NJ A 43 03 NJ -' --,1 V N.) CO CO J C31 0.) L33 al ',I 0 00 C...3 N. 0 ON) 0 0) --.1 N.3 01 0 CD 0 O.) P -P. CO 0 01 0 0 CI, --.• (11 -, 03 0 Z619£'996 9098081.9 001741:1 f L9L 007W f L9' f 01 0 CD IQ N.3 1.3 IV NJ 1,3 (0 03 0) 71 a, 00 43 a> 0 CO 01 13. 43 CO 0 b 01 0 CO -1. 0 43 03 A 03 CD CO V C> N) b iv (s, C) o o C.0 0 CD 0. C 0. 0 7 <a 1.3 N3 N..) NJ N.) ir 0 0 0 0 u N.3 NJ A A 01 A 0 30 5 < if). c a N) . . . . . ....:- .:•:•: .... _. a, ..C.)C. Q$.) 01 C31 CO -0.. • . NJ -Na) co .• 5•• 8" . CO CO ,...%...: 8 N.3 0 CO in e..) iv i:o 03 CO CO ...... : • : • : • • : • : • : • 0.. :O.:• 0) iv o co • a:. : CO V 03 A co a, .0... a, 4,.. 43 -0 .1.. b b CO 4) 001--.1 ID A A a, a o co ....., C.11 'C'.• CO CO N) 43 iv a CD ra cn co cn '0- •. c, o o a a b) (0 .03 1,3 .a) if) ic, b .43 .13. 43 a, a) .1). N3 NJ 0 : . : .: . a, a, o a., CD CT 0 NJ 1.3 N.) NJ 1.3 N.3 N.3 NJ 0 0 NJ N.1 NJ CO 03 03 NJ 10 0 0 0 CD 0 C.3 03 A .13. CD 0. CD 0 0 NJ 43. A - CNJ D _,. a, co a, CO b -43 NJ 01 V NJ CO NJ NJ cn a) vl 43 - N.3 N.) CO CO CD 1.3 0 N3 CD CD NJ CO b b b 'a) Co a, 'a, Cl iv Co o 03 vl 01 01 CO 0) C0 03 0 3 43aLio JopueA m > -n - 0 C < a 3 nn 0. 3 0 1,14L) 1 A S1V_LOI ONV219 CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: January 13, 2014 Dept. Head Signature: # of Attachments: 0 SUBJECT: Present plaque to 30 year employee Deb Rosol. Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: February 3, 2014 Dept. Head Signature: James E. Walsh, Jr., City Attorney # of Attachments: SUBJECT: B & B East, 1615 Bishop Avenue, Waterloo, Iowa 50703, Tobacco Violation, Second, $1,500.00 civil penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of $1,500.00 for a second violation. The first violation was issued in January 17, 2013, and the City received the $300.00 penalty. The second violation was issued January 8, 2014. The City is requesting the approval an Order accepting the Acknowledgment/Settlement Agreement and check for $1,500.00. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large SIEVE SCHMITT At -Large CITY OF WATERLOO IOWA CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R ZELLHOEFER, Assistant City Attorney February 10, 2014 Mayor Ernest G. Clark and City Council City Hall Waterloo, IA 50703 Re: B & B East, 1615 Bishop Avenue, Waterloo, Iowa 50703 — Tobacco Violation — Second Offense — Civil Penalty $1,500.00 Dear Mayor Clark and Council Members: I have received a signed Acknowledgment/Settlement Agreement regarding the violation of tobacco laws by the above -captioned permittee. A copy is enclosed for your records. I have also enclosed an Order form accepting this Agreement in lieu of a public hearing and concluding this matter. Please approve and sign this Order at your next regularly scheduled meeting. The Original signed Order should then be sent to the permit holder. A copy should be returned to the City Attorney's Office. Thank you for your assistance. Please call me if you have any questions. Since3ely, CILU1 avid R. Zellhoefer Assistant City Attorney D sda Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: City Clerk file CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affimsative Action Employer IN RE: B & B East ACKNOWLEDGMENT/ 1615 Bishop Avenue SETTLEMENT AGREEMENT Waterloo, Iowa 50703 SECOND VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "Second Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) understand that the penalty for this second violation is a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) or a suspension of my (our) cigarette permit for thirty (30) days, beginning on the date that will be specified in the official City Order that I will receive. The above - captioned permit holder hereby waives all jurisdictional claims. StJ/ B- 0,A Date: tA \ 2,o In accordance with Iowa Code §453A.22(2)(b), the above -captioned permittee chooses the following penalty: - $1,500.00 fine 30 -day suspension NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, as well as a check mark placed on the chosen penalty, should be returned to: David R Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. EZ INTERNATIONAL INC DBA B & B EAST PO BOX 566 CEDAR 'ALL.S IA 50613 A LINCOLN SAVINGS BANK Cedar Falls, IA 50613 www.MyLS$ee,' FOR S . »,- 11500 308 210 1:0 739055 2 71: 9000404 7 7n' Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENITIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMiTT At -Large CITY OF WATERLOO, IOWA CITY ATT®IaNEY'a OFFICE 715 Mulberry St. • Waterloo, IA 60703 • (319) 291-4327 Fax (319) 291-4671 JAMES E. WALSH, JR., City Attorney • DAVID R. ZBLLHOEFEX, Assistant City Attorney January 27, 2014 B & B East 1615 Bishop Avenue Waterloo_ Iowa 50703 Re: B & B East, 1615 Bishop Avenue, Waterloo, Iowa 50703 Dear Owner: COPY The City of Waterloo has scheduled a hearing before the Waterloo City Council on the 241h day of February, 2014 in Chambers, Second Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing complaint, which has been filed against you, is attached. If you or your representative fail to appear at this hearing, a decision may be rendered against you. You have the opportunity to be heard at this hearing and to be represented by an attorney at your own expense. The penalty for a second violation of §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age is either a mandatory civil penalty of $1,500.00 or a mandatory thirty -day cigarette permit suspension as prescribed by Iowa Code §453A.22(2)(b). The permittee may choose which penalty will be assessed. If you wish to settle this case in lieu of the public hearing, you may complete the attached Acknowledgment/Settlement Agreement, returning the original copy, properly signed and dated, to David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703, no later than ten (10) business days prior to the hearing date. Accepting and abiding by the terms of the Acknowledgment/ Settlement Agreement will satisfy the penalty for a second violation under Iowa Code §453A.22(2) and will conclude the matter. If you have any questions, you may reach me at (319) 291-4327. If you have obtained representation by an attorney in this matter, the attorney should contact me. Si -icerely, id R. Zellhoefer ssistant City Attorney DRZ:sda Enclosures: Hearing Complaint, Acknowledgment/Settlement Agreement CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affumelive Action Employer IN RE: B&BEast 1615 Bishop Avenue Waterloo, Iowa 50703 HEARING COMPLAINT SECOND VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(b) provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) or a thirty -day cigarette permit suspension for a second violation of Iowa Code §453A.2(1) within two years. 3. On or about January 8, 2014, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. On January 17, 2013, the permittee was issued a sanction for a first violation of Iowa Code §453A.2. 5. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above -referenced sections of Iowa Code Chapter 453A and assess a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00) or a thirty -day cigarette permit suspension against B & B East, 1615 Bishop Avenue, Waterloo, Iowa 50703. Davi! . Ze hoefer Assistant City Attorney ipledge2id. Retailer: City: TOBACCO ENFORCEMENT PROGRAM 'I] CompUiance Check or 0 FY 2014 Address: State: A- ZIP: $'`) RESULTS (check one): Date Checked: / -19 Time Checked: Clerk Information:.kale First Name: Compliant Non -Compliant If Unable to Complete the Compliance Check (check one) 0 Establishment has a VALID PERMIT but Does Not Sell Tobacco Permit Status Verified by City Clerk or County Auditor. ❑ Establishment No Longer Holds a Valid Tobacco Permit Unable;to Complete (Not Applicable) 0 Establishment is Out' of Business ❑ Female ❑ Establishment is designated as an "Unsatisfactory Condition" - - "Unsatisfactory Condition" verified by ABD Tobacco Investigator Middle Initial: �3�(O Officer Conducted a Walk -Through of the Premises -(Explanation Required in Comments Section Below) Last Name: �'� Case #: If none of the above reasons apply,write reason and explaination on the back of the form—see page 4 for reason list. I have issued a criminal citation to the clerk listed above for selling tobacco to a person under age eighteen. Iowa Code § 453A.2(1). (NOTE: If the compliance check result is Non -Compliant, a citation must be issued before your department may receive payment.) OFFICER INFORMATION: First Name: e7 Badge: OAS J Middle Initial: Last Name: Department: W z7 ^ /60 CONFIDENTIAL INFORMANT (CI): CI Age 6 ❑ 17 CI Gender: Cl Ethnicity: RESULTS OF ATTEMPTED PURCHASE: Male ❑ Female CI Number: 2 - White White ❑ Asian ❑ African American ❑ Native American Attempted Purchase Item: (Last 4 digits of Cl's ID) ❑ Hispanic ❑ Other Cigarettes ❑ Smokeless Tobacco ❑ Other Tobacco Product KNO Age Requested? ❑ YES ID Requested? ❑ YES (f Officer §1 natu'-e 0 $50 Amount Due COMMENTS: Page 10 PLAINTIFF: 0 State of Iowa 71 County of: BLAC_KHAWK 0 City of: WATERLOO No In the Courthouse at _a_l_CLE_atiAtateilgo. IA vs. NAME: Defendant, Last Address First Middle City ( . SS/DL# State7-2 State DL Class DL End DL Rest DOB '`'i / '-.I-: 1) ',' Race .'.;. Sex s'1.1 Ht. - - Wt. The i,-.1" undersigned states that on or about f' :'-'1 /64 at defendant did unlawfully: Mo. Day Yr. ! 'i DAM -0 PM '.-) '-i Operate Motor Vehicle/Boat (describe) CMV 0 Yes 0 No HazMat Plac. Req. 0 Yes 0 No US DOT# Reg # r s , --...i State 4 Year Upon a public highway at- .h.• I ---- il..•-. lei Located in the county and state aforesaid and did then and there commit the following offense: 0 Traffic,.„9•Navigation 0 Snowmobile/ATV 0 Fish -Game 0 Parks DO NOT WRITE IN THIS SPACE .8 §cheduled Vo/Fine 4(. : ()-C3 0 Road Construction Zone 0 Non -Scheduled Violation *.--' .1.• • --.---- Surcharge $ ,. .., . ,..•i...1 0 Court Appearance Required (805.10) ,,•• Reason: $ Court Costs i.,..., ..-- • :.:.r DPI. 0 P.D. ($1000) Accident 4 ..-p . ,- 0 Fatal Accident — I ,-1 •., s Total Fine/Costs $ .4 / ' 0 Civil Damage Assessment Violation -''. ':-, ' '-' • -:: 4. "T. t-... L.: • ,.,..‘ 7. 1 (4 Speed In Zone -Sec # IA Code DATA CODE %t ,-, Fed/Adm. Code Local Ord I sweat that thg forgoing complaint is true and correct. , .. • .t : ,e. `' V......,- t signature . i .1 ,--,.;„ f. • ID # Subaribed and sworn to before melay., at Waterloo --:,.T t , Iowa this t -- day of '.. • ".- - ...., -:"...a7,7 - :. ... f..—Notary/other Court Date/p,aidfli you must appeist-iii c-Oirrt-reif'you choose to appear to answer a charge whjth does not require an appearance, report to the above named er.court on: L. ,.,i.---• at r : I i ) - Ei-xis;i 0 PM .•-• Mo. Day NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My signature below is not a plea of guilty, but acknowledges all of the following: I. I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information. 2. I promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of the citation. The following applies to simple misdemeanors only: ; 3. I hereby give my unsecured appearance bond in he amount ef dollars and enter my written appearance. I agreelhat if I fail to appear in perscinsofiby counsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the Oenaty and surcharge plus court costs. . . * r • Siknature 4f Defendant Vi o /CLftflfl Defenda BEG, SULTAN nt: Count 01 Charge Charge: 453A.2(1) -C Offense 01/08/2014 Date: Descripti 1ST OFFENSE - EMPLOYEE on: PROVIDING TOBACCO TO MINOR DPS Number: Adjudication e: ts: Against Type: Charge: 453A.2(1) -C Descripti 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO on: TO MINOR GUILTY - Adj.: NEGOTIAI'ED/VOLU Adj.Date N PLEA AdjJudg Commen Sentence Charge: 453A.2(1) -C Sentence Date: 01/21/2014 Descripti 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO on. TO MINOR Sentence FINE Appeal: Sen.Judg e: Attorney Restituti Extradition: Lic.Revo ked: Fine Amount: Comnen t: DDS: Batterer: Duration CN=John Q Public,O=JUDICIAL Register I Certain details of case data are only shown to subscribers. You may logon at this time if you are a subscriber, or you may be become a subscriber by registering at this time. There is a $25.00 per month subscription fee. For exclusive use by the Iowa Courts © State of Iowa, All Rights Reserved Summary Orig COSTS 60.00 FINE 100.00 SURCHARGE 35.00 RESTITUTION 0.00 OTHER 0.00 SUPPORT/ALIMONY Paid 60.00 100.00 35.00 0.00 0.00 $195.00 $195.00 N/A 0.00 Due 0.00 0.00 0.00 0.00 0.00 $0.00 N/A BEFORE THE WATERLOO CITY COUNCIL IN RE: B & B East ORDER ACCEPTING 1615 Bishop Avenue ACKNOWLEDGMENT/SETTLEMENT Waterloo, Iowa 50703 AGREEMENT—SECOND VIOLATION On this %CIt- day of , 2014, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above -captioned permittee and the City of Waterloo. Pursuant to the Agreement, IT IS THEREFORE ORDERED that: LJ a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00) be assessed against the above -captioned permittee to be paid within thirty (30) days of the date of this Order. If permittee does not pay the civil penalty within thirty (30) days, then a thirty (30) day cigarette permit suspension be executed against the above - captioned permittee effective the 31St day after the date of this Order. This sanction will count as a Second Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(b). Mayor Ernest G. Clark ATTEST: Suzy Scha} s, City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-087 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF SECOND VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - SECOND VIOLATION FOR B & B EAST, 1615 BISHOP AVENUE, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of Second Violation and Order Accepting Acknowledgment/Settlement Agreement - Second Violation dated February 10, 2014, in the amount of $1,500.00, in conjunction with Second Violation of Iowa Code 453A.2(1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for B & B East, 1615 Bishop Avenue, Waterloo, Iowa, be and the same is hereby approved and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 10th day of February, 2014. Ernest G. Clark, Mayor ATTEST: zy Sch.: res, CMC City Cle k Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY IOWA. COMMUNITY PLANNING AND DEVELOP,,,,,._. 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 , NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: February 10,2014 Prepared: January 30,2014 Dept. Head Signature: # of Attachments: . SUBJECT: CURA application for tax exemptions for an interior remodel located at 518 E 2nd St, Waterloo, Iowa 50703. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approval CURA application from Kaneshia Harrington for an interior remodel located at 518 E 2nd Street, Waterloo, Iowa 50703, Valued at $1,500 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project does qualify for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. ADDRESS 518 E 2nd Street Waterloo, Iowa 50703 LEGAL DESCRIPTION See Attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR.YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-088 RESOLUTION APPROVING APPLICATION WITH KANESHIA HARRINGTON FOR TAX EXEMPTIONS ON THE INTERIOR REMODEL OF A SINGLE FAMILY HOME TOTALING $1,500.00 FOR PROPERTY LOCATED AT 518 E. 2ND STREET IN THE CONSOLITDATEDHE URBAN BAN REVITALIZATION AREA (CURA), IN OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Kaneshia Harrington has submitted an application dated January 28, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the interior remodel of a single family home totaling $1,500.00 for property located at 518 E. 2nd Street, more fully described as follows: The Southwesterly 37 feet in width of the Northwesterly One-half of Lot No. 3; and the Northwesterly 10 feet in width of the Northwesterly One-half of Lot No. 6; all in Block No. 63 in The Cooley Addition to Waterloo, Iowa. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area (CURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the interior remodel project respecting said property is in conformance with the Consolidated Urban Revitalization Area (CURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the interior remodel on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. Resolution No. 2014-088 Page 2 PASSED AND ADOPTED this 10th dam of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sclj(a es, CMC City Cler Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward ] CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large C OF WATER!. IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: Februa Prepared: January 31,2014 Dept. Head Signature: # of Attachments: 10 201 SUBJECT: CURA application for tax exemptions for construction of a new single family dwelling located at 927 Lafayette St, Waterloo, Iowa 50703. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CURA application from Teanna Smart for the construction of a new single family dwelling located at 927 Lafayette St., Waterloo, Iowa 50703, Valued at $130,000 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. ADDRESS 927 Lafayette Street, Waterloo, Iowa 50703 LEGAL DESCRIPTION See Attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: wuwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal OpportunitylAffirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-089 RESOLUTION APPROVING APPLICATION WITH TEANNA SMART FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $130,000.00 FOR PROPERTY LOCATED AT 927 LAFAYETTE STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA (CURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Teanna Smart has submitted an application dated January 9, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the construction of a new single family home valued at $130,000.00 for property located at 927 Lafayette Street, more fully described as follows: Parcel "0" of Plat of Survey Doc. #2012-10080 being part of Lots 8 and 9, Block 25, in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Subject to restrictive covenants, ordinances, and limited access provisions of record, if any, and to existing easements, if any; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area (CURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the new construction project respecting said property is in conformance with the Consolidated Urban Revitalization Area (CURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year 100% For the second year 100% For the third year 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. Resolution No. 2014-089 Page 2 PASSED AND ADOPTED this 10th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy S/h:res,CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: February 10, 2014 Prepared: February 3, 2014 Dept. Head Signature: # of Attachments: 1 SUBJECT: CLURA application for tax exemptions for new twin home (condo) construction located at 4154 Mourning Dove Dr, Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Tammy Banks for the construction of a new twin home (condo) located at 4154 Mourning Dove Dr., Waterloo, Iowa 50702, Valued at $80,000 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalization Area Plan. ADDRESS 4154 Mourning Dove Dr., Waterloo, Iowa 50702 LEGAL DESCRIPTION Crossroads Estates Replat No 1 Lot 59 Expenditure Required: N/A Source of Funds: N/A Policy Issue: CLURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-090 RESOLUTION APPROVING APPLICATION WITH TAMMY BANKS FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW TWIN HOME VALUED AT $80,000.00 FOR PROPERTY LOCATED AT 4154 MOURNING DOVE DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Tammy Banks has submitted an application dated January 31, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the construction of a new twin home valued at $80,000.00 for property located at 4154 Mourning Dove Drive, more fully described as follows: Crossroads Estates Replat No. 1, Lot 59, in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such construction is eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 10th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch,:rs, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHIvIITT At -Large CIT OF WATER , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning c&: Development Director Council Communication City Council Meeting: February 10, 2014 Prepared: February 3, 2014 (` Dept. Head Signature: .--- # of Attachments: 2 SUBJECT: CLURA application for tax exemptions for new twin home (condo) construction located at 4156 Mourning Dove Dr, Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Jane Sieleman for the construction of a new twin home (condo) located at 4156 Mourning Dove Dr., Waterloo, Iowa 50702, Valued at $80,000 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalization Area Plan. ADDRESS 4156 Mourning Dove Dr., Waterloo, Iowa 50702 LEGAL DESCRIPTION Crossroads Estates Replat No 1 Lot 60 Expenditure Required: N/A Source of Funds: N/A Policy Issue: CLURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-091 RESOLUTION APPROVING APPLICATION WITH JANE SIELEMAN FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW TWIN HOME VALUED AT $80,000.00 FOR PROPERTY LOCATED AT 4156 MOURNING DOVE DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Jane Sieleman has submitted an application dated February 3, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the construction of a new twin home valued at $80,000.00 for property located at 4156 Mourning Dove Drive, more fully described as follows: Unit 4156 Mourning Dove Drive and the undivided interest in the common elements appurtenant to said Unit, in Crossroads, a Condominium, recorded in Doc. #2014-02198 on July 29, 2013 as amended by First Amendment to Declaration recorded October 16, 2013 in Doc. #2014-08347 and by Second Amendment to Declaration recorded December 26, 2013 in Doc. #2014-12658, being laid out on Lots 59, 60, 61, 62, 138, 139 and 140 in Crossroads Estates Replat No. 1, Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such construction is eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. Resolution No. 2014-091 Page 2 PASSED AND ADOPTED this 10th day ^of February, 2014. rnest G. Clark, ayor ATTEST: Suzy Sr', CMC City C e k TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 FY _2014__ BUDGETED //3(-00Z) EXPENDED YTD /3 0;e 3 '- THIS REQUEST l 31 O LEFT AFTER THIS (.57 - REQUEST -REQUEST 604, DATE op Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Lt. Corbin Payne, Sgt. Jason Feaker, Inv. Michael Girsch DATE: January 23,2014 NAME OF CLASS / MEETING: Iowa Narcotics Officer Association Conference DESTINATION: W. Des Moines, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: March 25, 2014 Return Date: March 27, 2014 DATE(S) OF MEETING: March 25-27,2014 PURPOSE OF TRAVEL: Captain Pillack is requesting authorization to send Lt. Corbin Payne, Sgt. Jason Feaker, and Inv. Michael Girsch to the Iowa Narcotics Officer Association Conference at the W. Des Moines Marriott on March 25-27,2014, in W. Des Moines, Iowa. This 3 -Day Conference will cover narcotics related topics including case law updates, tactical medical care, informant management, synthetic drug updates, and much more. It is designed to update the state narcotics officers on current trends. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $400.00 LODGING TAXI $315.00 MEALS PARKING $555.00 REGISTRATION AIRFARE $100.00 MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 1370.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 456.66 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO ill_\„A.\ DEPARTMENT HEAD � 1 DATE DATE I APPROVE THIS TRAVEL REQUEST MAY,/ TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Abraham L. Funchess, Jr., Executive Director NAME OF CLASS I MEETING: National Fair Housing Training Academy Week Five Investigations Training DEPARTURE DATE: Sunday, March 9, 2014 FINANCE DEPT STAFF ONLY LINE ITEM USED C 7 5%!J l 3`!�•' FYLiBUDGETED 3G% L EXPENDED YTD ,�� .�. THIS REQUEST LEFT AFTER THIS REQUEST DATE 2? / 7 Ori•inal - Clerk/Finance Coy - Dert►nent DATE: Monday, March 10 — Friday, March 14, 2014 DESTINATION: Washington, D. DEPARTURE POINT IF NOT WATERLOO: Waterloo DATE(S) OF MEETING: March 10, 2014 — March 14, 2014 PURPOSE OF TRAVEL: To attend the National Fair Housing Training Academy, Week Five Investigations Training WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: METHOD OF TRAVEL: X ESTIMATE OF COST: $1750.00 $350 N/A N/A X COST $ YES NO CITY VEHICLE AIRFARE DEPARTING FROM: LODGING MEALS REGISTRATION MILEAGEIFUEL $150.00 N/A $900.00 TOTAL FOR ALL: $ 3150.00 TAXI PARKING AIRFARE MISCITOLLS I BELIEVE T,H,IS TRIP SERVES A PUBLIC PURPOSE AND IS N .0 SSARY AND BENEFICIAL TO THE CI OFTERLOO ARTMENT HEAD 26f oodies\Forms\Travel Request Form January 2010 PRIVATE VEHICLE BUDGET LINE ITEM: 010-27-2510-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 3150.00 PER PERSON I APPROVE THIS TRAVEL REQUEST zdff(Al MAYOR DATE SHELLY KRUGER From: National Fair Housing Training Academy (NFHTA) <info@absorbtraining.com> Sent: Wednesday, January 22, 2014 10:13 AM To: SHELLY KRUGER Subject: You have been enrolled in NFHTA005_Week Five Investigation Training Attachments: event -507902. ics Hi Abraham Funchess, Jr. Agency Type: FHAP You have been enrolled in the following course: NFHTA005_Week Five Investigation Training Your course is scheduled for Mar 10, 2014 8:30 AM EST (UTC -05:00) and will be held at 1_Patricia Roberts Harris National Fair Housing Academy. NFHTA onsite classes run from 8:30 am to 4:30 pm on each scheduled day of a class. Students are required to attend the full length of the course and to complete all course requirements. Students are expected to actively participate in all class activities. Courses may include lectures, individual and small group activities and exercises, and role plays. If applicable, your special accommodations have been noted as: N , Please note, students are responsible for their own travel, lodging, and meals. A variety of hotels are convenient to the training location. If you are unable to attend this course 1) Please un -enroll by clicking on your learning plan 2) Locate the course name 3) Click on the course 4) Search for the cancel button on the course description 5) Click cancel to remove yourself Good luck with your course! National Fair Housing Training Academy (NFHTA) 1-(202)-314-3422 support@nfhta.org 1 SHELLY KRUGER From: Sent: To: Subject: DGabbert@shortstravel.com Wednesday, January 22, 2014 11:15 AM SHELLY KRUGER Waterloo to DC Regan * * * This is a courtesy email only. No reservation has been made. Rates and availability are subject to change until tickets are purchased. Approval is required in order to secure a reservation.*** Booking Fee: $35.00 in addition to the airfares below. PRICING OPTION 1 AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES PRICING OPTION 2 AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES PRICING OPTION 3 AMERICAN AIRLINES AMERICAN AIRLINES TOTAL AMOUNT $463.00 2829 N 09MAR Waterloo, IA (ALO) 2284 N 09MAR Chicago, IL (ORD) 4243 L 15MAR Washington, DC (DCA) 2829 L 15MAR Chicago, IL (ORD) - Chicago, IL (ORD) _ Washington, DC (DCA) - Chicago, IL (ORD) - Waterloo, IA (ALO) TOTAL AMOUNT $446.00 2829 N 09MAR Waterloo, IA (ALO) 2284 N 09MAR 2172 N 15MAR 327 S 15MAR 2829 S 15MAR Chicago, IL (ORD) Chicago, IL (ORD) Washington, DC (DCA) New York City, NY (LGA) - Chicago, IL (ORD) Washington, DC (DCA) New York City, NY (LGA) - Chicago, IL (ORD) - Waterloo, IA (ALO) TOTAL AMOUNT $449.00 2829 N 09MAR Waterloo, IA (ALO) 2284 N 09MAR Chicago, IL (ORD) USAIRWAYS 3887 G 15MAR Washington, DC (DCA) 3168 V 15MAR Louisville, KY (SDF) AMERICAN AIRLINES AMERICAN AIRLINES 2829 V 15MAR Chicago, IL (ORD) - Chicago, IL (ORD) Washington, DC DCA) Louisville, KY (SDF) Chicago, IL (ORD) Waterloo, IA (ALO) PRICING OPTION 4 TOTAL AMOUNT $463.00 1 445P 550P SU 750P 1035P SU 1025A 1135A SA 315P 420P SA 445P 550P SU 750P 1035P SU 900A 1026A SA 1145A 120P SA 315P 420P SA 445P 550P SU 750P 1035P SU 825A 1030A SA 1145A 1205P SA 315P 420P SA AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES PRICING OPTION 5 AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES PRICING OPTION 6 AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES PRICING OPTION 7 AMERICAN AIRLINES UNITED AIRLINES UNITED AIRLINES AMERICAN AIRLINES PRICING OPTION 8 AMERICAN AIRLINES AMERICAN AIRLINES 2829 N 09MAR 2284 N 09MAR 4243 L 15MAR 2829 L 15MAR 2829 N 09MAR 2284 N 09MAR 3731 P 15MAR 2829 S 15MAR 2829 N 09MAR 2284 N 09MAR 2106 G 15MAR 1551 N 15MAR 2829N 15MAR 2829 N 09MAR 1201 L 09MAR 3526 L 15MAR 2829N 15MAR Waterloo, IA (ALO) Chicago, IL (ORD) Washington, DC (DCA) Chicago, IL (ORD) - Chicago, IL (ORD) Washington, DC (DCA) 445P 550P SU 750P 1035P SU - Chicago, IL (ORD) 1025A 1135A SA - Waterloo, IA (ALO) 315P 420P SA TOTAL AMOUNT $483.50 Waterloo, IA (ALO) Chicago, IL (ORD) Washington, DC (DCA) Chicago, IL (ORD) - Chicago, IL (ORD) Washington, DC _ (DCA) - Chicago, IL (ORD) - Waterloo, IA (ALO) TOTAL AMOUNT $515.00 Waterloo, IA (ALO) Chicago, IL (ORD) Washington, DC (DCA) Boston, MA (BOS) Chicago, IL (ORD) - Chicago, IL (ORD) Washington, DC - (DCA) - Boston, MA (BOS) - Chicago, IL (ORD) - Waterloo, IA (ALO) TOTAL AMOUNT $537.98 Waterloo, IA (ALO) Chicago, IL (ORD) Washington, DC (DCA) Chicago, IL (ORD) - Chicago, IL (ORD) Washington, DC DCA) Chicago, IL (ORD) - Waterloo, IA (ALO) TOTAL AMOUNT $590.00 2829 N 09MAR Waterloo, IA (ALO) 2284 N 09MAR Chicago, IL (ORD) 2 - Chicago, IL (ORD) Washington, DC - (DCA) 445P 550P SU 750P 1035P SU 1200N 105P SA 315P 420P SA 445P 550P SU 750P 1035P SU 830A 1000A SA 1140A 120P SA 315P 420P SA 445P 550P SU 900P 1142P SU 1042A 1156A SA 315P 420P SA 445P 550P SU 750P 1035P SU USAIRWAYS AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES AMERICAN AIRLINES 2106 T 15MAR 1551W15MAR 2829 W 15MAR 1551W15MAR 2829 W 15MAR DGabbert I Travel Consultant Toll free: 1-800-238-3956 Direct: 913-220-2702 email: DGabbert@shortstravel.com Washington, DC (DCA) Boston, MA (BOS) Chicago, IL (ORD) Boston, MA (BOS) Chicago, IL (ORD) 3 - Boston, MA (BOS) - Chicago, IL (ORD) - Waterloo, IA (ALO) - Chicago, IL (ORD) - Waterloo, IA (ALO) 830A 1000A SA 1140A 120P SA 315P 420P SA 1140A 120P SA 315P 420P SA TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2014 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 Aga cY. Is- c,/ Copy - Department NAME(S) AND POSITION(S): Officer Christopher Morley & Officer Ryan Jacobson DATE: January 27, 2014 NAME OF CLASS / MEETING: Crash Investigation 1 DESTINATION: Evanston, Illinois DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: March 9, 2014 Return Date: March 21, 2014 DATE(S) OF MEETING: March 10-21,2014 PURPOSE OF TRAVEL: Captain Mohlis is requesting authorization to send Officer's Christopher Morley & Ryan Jacobson to the Crash Investigation 1 course at Northwestern University Center for Public Safety on March 10-21,2014, in Evanston, Illinois. This course is the first step in becoming an accident reconstructionist. This course will teach the Officers how to investigate the most serious traffic accidents that result in serious injury and death. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $1250.00 LODGING $992.00 MEALS $1950.00 REGISTRATION $250.00 MILEAGE/FUEL TOTAL FOR ALL: $ 4442.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 2221.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY_OF WATERLOO /-27fr DEP TMENT EAD DATE I APPROVE THIS TRAVEL REQUEST 4 MAYOR DATE CITY OF WATERLOO Council/Committee Communication Council Meeting: February 10, 2014 Prepared: January 30, 2014 Dept. Head Signature: ' eft -4-4 vy c) # of Attachments: 0 SUBJECT: Re -appoint of Dave Buck to a second, six-year term to the Telecommunications board. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Dave's 2"d full term will expire on January 1, 2020. CITY OF WATERLOO Council/Committee Communication Committee Meeting: February 10, 2014 Prepared: February 4, 2014 Dept. Head Signature: # of Attachments: 1 SUBJECT: Submitted by: New appointment of Robert Tyson to the Community Development Board. Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Mr. Tyson fulfills John Berry's unexpired term, expiring 3/1/2016, after which he would be eligible to serve his first full term. CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 1-31-2014 I, _Robert H. Tyson request to be appointed to (state preference): (Name) 1._Community Development Board 2. R ECEJAN 31 2014 Home Phone: 319-291-8661 Cell Phone:319-610-9239 Work Phone: Home Address 4350 Hoff Rd. Waterloo, Iowa _Zipcode_50701 Employer Iowa Accountability Program Title_IAP Coordinator for Waterloo Employer Address_1111 East Court Avenue, Des Moines, lowa_Zipcode_50319 How long have you resided in Waterloo? _65_ years List current membership in organizations and offices held: _NAACP Executive Board Member, Citizens Advisory Committee (CAC) _for the Black Hawk County Sheriffs Office. Blue Zones Power Team member. In addition I am a member of Cedar Valley Partnership for Protecting Children. x A.M. X P.M. x Noon x Evenings. Mondays are bad days for me as I monitor the Domestic Violence Court. I am available to serve on a Board/Commission the entire year: Yes (check below) Spring Summer Fall Winter x All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: _I am a former administrator and educator for the Waterloo Community Schools. I have served on the state Community Actions Agency Commission in Des Moines as a representative from Black Hawk County from 2008-2013. This was an appointment from the Governor's office which assisted agencies such as Operation Threshold from around the state. I also chaired the Commission in 2012-2013 until my appointment status ended. In addition I served as a member of the State Human Rights Board in Des Moines from 2011-2013 until my term expired last year. Also I represented the state chapter of the NAACP in meetings with Governor Branstad on issues that African Americans face in Black Hawk County. Currently I work for the Iowa Accountability Program where I monitor court processes regarding safety to domestic violence victims in Black Hawk County. Additional information and comments that may not be evident from information already on this form: _Looking forward to serving on the commission. References (include phone numbers):_Ms. Becky Kinnamon Program Director in Des Moines for the IAP program. She is my supervisor in Des Moines. 515-725-8045. Rev. Abraham Funchess Jr. Pastor of Jubilee United Methodist Church. _319-504-0081_Ms. Terri Helinski my former supervisor at Seeds of Hope in Waterloo, Iowa. 319-961-0167. I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. Robert Tyson Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, FAX 291-4286; PHONE 291-4301. CITY OF WATERLOO Council/Committee Communication Committee Meeting: February 10, 2014 Prepared: February 4, 2014 Dept. Head Signature: .ei)/(,..,4_ 97z,(4} # of Attachments: 0 SUBJECT: Approve Main Street's Board appointments/terms. Submitted by: Mayor Buck Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: NAME TERM EXPIRATION Mike Butler 12/31/2014 John Hayes (new) 12/31/2014 Corey Lorenzen 12/31/2014 Jane Messingham 12/31/2014 Don Temeyer 12/31/2014 Approval CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: January 24, 2014 Dept. Head Signature: µ-Q-' # of Attachments: SUBJECT: Appointment of Kent Flege to the position of Mechanic (Street Department) from the current Civil Service List. This appointment is effective February 11, 2014 pending completion of pre-employment physical_ Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Appointment Summary Statement: The Human Resources Committee approved filling this vacancy at their September 23, 2013 meeting. The Civil Service Commission certified the list for this position at their January 13, 2014 meeting. Expenditure Required: $24.52 per hour Source of Funds: Road Use Tax Policy Issue Alternative Background Information: This vacancy was created by the retirement of the Street Department Mechanic (Harper). The Personnel Requisition Committee approved the filling of this position on September 4, 2013. The Human Resource Committee approved the filling of this position on September 23, 2013. The Civil Service Commission certified the list of applicants at their January 13, 2014 meeting. CITY OF WATERLOO Council Communication City Council Meeting: Tanuary 27, 2014 Prepared: January 22, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 ASPHALT OVERLAY PROGRAM COM. RACT NO. 857 Submitted by: Jamie Knutson, PE, Associate Engineer Recommended City Council Action: It is recommended that Council approve these documents, set February 10, 2014, as the date for the public hearing and bid opening and instruct the City Clerk to publish said notices. Summary Statement Transmitted herewith are the Plans and Specifications for the F.Y. 2014 ASPHALT OVERLAY PROGRAM, Contract No. 857, as prepared by the City Engineering Department. Expenditure Required TBD at bid opening Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative N/A Background Information: F.Y. 2014 Asphalt Overlay Program, Contract No. 857 February 10, 2014 Bid Tab Estimate: $2,032,690.00. Bid Security 5% Bidder Bid Security Bid Amount ASPRO, INC. P.O. Box 2620 Waterloo, IA 50704 5% $1,957,171.65 F.Y. 2014 Asphalt Overlay Program, Contract No. 857 February 10, 2014 Bid Tab Estimate: $2,032,690.00. Bid Security 5% Bidder Bid Security Bid Amount ASPRO, INC. P.O. Box 2620 Waterloo, IA 50704 5% go-o7171J �cj, ) / STATE OF IOWA, Black Hawk County I do solemnly swear 1428832 2014 ASPHALT OVERLAY PROGRAM #857 notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues -commencing on 02/03/2014, 1n -the _issues of 02/03/2014 of said newspaper, and that the annexed rate advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. c that the annexed copy of Printer's Bill $185.97 Subscribed and sworn to before me this day of rte(}--iat -c•-c1 , Zo l [f •""'"` • TANYA L GEAR o � COMMISSION NO.781068 MY COMMISSION EXPIRES NotarPublic Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER -, ,.OTICE Or ruout., ntHItINU On Proposed Plans, Specifications Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2014 ASPHALT OVERLAY PRO- GRAM In the City of Waterloo, Iowa CONTRACT NO. 857 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the sai dOT niu or rrupusa, as wo„ signature of the Prime Contractor sub- mitting the bid. For the bidders who submit a computer-generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a sepa- rate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit •-.. e u! p!es '0991. u! pa!p id o!Ignda8 vino ay} u1 et!! a, ;o }sow wads oyM Je uM etlt ue!o!}eway}ew `Jaydoso!pld gouei j a `sa}Jeosaa auebe >h le to anLq 1ouuU3it ale 'stgf saop aq sltr 4fTA *01.4.-1 !; ay} ai!e} o} pa}}!waed s! y}nog ;I •03Ue}sU1 s!y} u! }ou we 0 s!q Auld o} }sea Jo; 146u s! }! `Jay JOAO 01. -6up{ ay} }sea pue uaanb }Jeeq ay} seq Awwnp ua144M 'u0110 •dwni}-ou sang s! 1! '1.16noJ41 }e6 0} 6u!o6 Si awe6 hie ;! 'JeAOMoH •0we6 aNew 'AJoay} u! `}ouueo Ind `s}u!od paeo -1-161116Z eney Aayl •y}nog pue Japed d!II!yd A9 y A :peat 6utuedO ssed IIV IN S ssed lse3 43-rON 1saM 3saM-ise3 :algeua u I nA 4;nog :J01800 9 01. 0 V 7 8 0 >i • 6 r A £ b 8 V i 41noS Z b 8 7 V 9 4 39101. >I A 5964 1.583 s6r>t £ L r V b O L 01. O b 6-£O-ZO i • A i 41roN IN 1. Limos £ L 7 Z 9 6 01. • Z 9 8 V A 3 r N it 3saM d d s 1 WOO 0131d — sly sem awe6 841 UIM of S4g6udn ag1 UeeM4oq !leg ay} 6u!)j3Q 318800 13)1001 010AV 11-1E)1d (MOJJowol SJBMSUV) r V Y J •UOOIJea enoge eql Aq pelse66ns se `JaMSUB asudms ay; wao; O; &Jana! paloa!D ay1 e6um1Je MON SM 3>10219 311 213.1d' ONIHOCN1 1,NSVM NMO1O 3H1 S S i,aut;no4 Aw op IPS! ue0 -poo6 moo' 1,usaop st41 1 : JBMSU\j :seigwnr eIzznc snolnaJd JOMsu' :away .IaMsue }ul.Jc Aa one PSrJOSad sty6la IIV 011 ',touchy tuetuo3 eunqul V LOZOO a — 3 aoanN N_ •spJOM /(JBUIpJO incl UDC 'aienbs 8083 of Ja11a1 y `selgwnr inc.; asegl algweJoe Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-092 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE F.Y. 2014 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 857. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 Asphalt Overlay Program, Contract No. 857, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said preliminary plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 Asphalt Overlay Program, Contract No. 857, which were preliminarily approved by Resolution No. 2014-064 on January 27, 2014, and WHEREAS, a public hearing, upon notice, was held on February 10, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 Asphalt Overlay Program, Contract No. 857, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 10th day of February, 2014. Ernest G. Clark, Mayor ATTEST: uu z yyS hres, CMC City Clei'k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-093 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE F.Y. 2014 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 857. WHEREAS, by Resolution No. 2014-092, plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 Asphalt Overlay Program, Contract No. 857, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on February 10, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 10th day of February, 2014. Ernest G. Clark, Mayor ATTEST: uzy Scares, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLO1 IOWA COMMUNITY DEVELOPMENT 620 Mulberry Street, Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 CITY OF WATERLOO Council Communication: Buildings and Grounds & Finance Committees City Council Meeting: January 27, 2014 Prepared: January 21, 2014 Dept. Head Signature: r Rudy D. Jones, Community Development Director # of Attachments: None. SUBJECT: 179-D-NSP3-02-10-14 Submitted by: Rudy D. Jones, Community Development Director Recommended City Council Action: Authorize bid process and approve Plans and Specifications for the demolition of four (4) structures: 210 Clay Street, 211 Courtland Street, 223 Independence Avenue and 120 Smith Street. Bids will be due on Monday, February 3, 2014 and awarded on February 10, 2014. Summary Statement: Request that successful low bidder/contractor demolish the above mentioned structures and prepare the sites for redevelopment. Expenditure Required: Estimate: $36,000.00. Source of Funds: Neighborhood Stabilization Program 3 (NSP3) Funds. Policy Issue: Elimination of Slum and Blight and Neighborhood Redevelopment Alternative: None. Background Information: Demolition of these structures will allow for the construction of new single family housing units. RDJ:an J:\ANN-N\DEMO\Demo Contracts \179-D-NSP3-2-10-14\DEMO 179-D-NSP3 Council Communication.docx EQUAL LOUSING OPPORTUNITY CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Demolition and Site Clearance Services for 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street. February 10, 2014 Bid Tab Estimate: $36,000.00 Bid Security 5% Bidder Bid Security Bid Amount Lehman Trucking & Excavating, Inc. 1422 Ashland Ave. Waterloo, IA 50703 o 5 /o $33,270.00 Demolition and Site Clearance Services for 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street. February 10, 2014 Bid Tab Estimate: $36,000.00 Bid Security 5% Bidder Bid Security Bid Amount Lehman Trucking & Excavating, Inc. 1422 Ashland Ave. Waterloo, IA 50703 5% 62-0 A ZU , J STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1428830 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/03/2014, in the issues of 02/03/2014 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $22.67 Signed (r - r • w Subscribed and sworn to before me this 5 day of Notary Public Received of 2 TANYAL COMMISSION NO, MY COMMIS:VON the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of Request Proposals for DEMOLITIONrAND SITE CLEARANCE SERVICES FOR 210 CLAY STREET, 211 COURTLAND STREET, 223 INDEPENDENCE AVENUE, AND 120 SMITH STREET Sealed Request for Proposals will be re- ceived by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of said City on the 10th day of Feb- ruary, 2014, until 4:00 p.m., for Demoli- tion and Site Clearance Services for 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street. Notice is hereby given that the Council of the City of Waterloo, Iowa will conduct a public hearing on the Request for Pro- posal document, plans, specifications, form of contract, etc. for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street at 5:30 p.m. on February 10, 2014, in the Council Cham- bers in the City Hall in the City of Water- loo, Iowa. The proposed Request for Water - , Proposal document, plans, specifica- tions, form of contract, etc. is on file in the office of the City Clerk for public examination. A Request for Proposal document, plans, specifications, form of contract, etc. may be obtained from the Waterloo Community Development Of- fice, 620 Mulberry St, Suite 202, Water- loo, Iowa, 50703. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 27th day of January, 2014. Suzy Schares, CMC City Clerk/Human Resource Director Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-094 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH DEMOLITION AND SITE CLEARANCE SERVICES FOR 210 CLAY STREET, 211 COURTLAND STREET, 223 INDEPENDENCE AVENUE AND 120 SMITH STREET. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Community Development Director of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with Demolition and Site Clearance Services for 210 Clay Street, 211 Courtland Street, 223 Independence Avenue and 120 Smith Street, in the City of Waterloo, Iowa, and WHEREAS, said Community Development Director did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with Demolition and Site Clearance Services for 210 Clay Street, 211 Courtland Street, 223 Independence Avenue and 120 Smith Street, which were preliminarily approved by Resolution No. 2014-066 on January 27, 2014, and WHEREAS, a public hearing, upon notice, was held on February 10, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with Demolition and Site Clearance Services for 210 Clay Street, 211 Courtland Street, 223 Independence Avenue and 120 Smith Street, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 10th day of February, 2014. ATTEST: C Suzy Schaes,CM City Clerk Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-095 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH DEMOLITION AND SITE CLEARANCE SERVICES FOR 210 CLAY STREET, 211 COURTLAND STREET, 223 INDEPENDENCE AVENUE AND 120 SMITH STREET. WHEREAS, by Resolution No. 2014-094, plans, specifications, form of contract, etc., in conjunction with Demolition and Site Clearance Services for 210 Clay Street, 211 Courtland Street, 223 Independence Avenue and 120 Smith Street, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on February 10, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 10th day of February, 2014. est G. Clark, Mayor ATTEST: uzy Sch,: res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: 2/10/14 Prepared: 1/20/14 Dept. Head Signature: Kent Shankle # of Attachments: 32 pages sc� SUBJECT: Service Agreement for ArtHouse Cafe Submitted by: Kent Shanlde, Cultural & Arts Director Recommended City Council Action: Approval of Service Agreement with Laughing Tree LLC to operate ArtHouse Cafe within the Waterloo Center for the Arts effective March 1, 2014 Summary Statement: The Waterloo Center for the Arts seeks to contract with Laughing Tree LLC to operate the ArtHouse Cafe. Expenditure Required: None Source of Funds: N/A Policy Issue Alternative Background Information: The ArtHouse Cafe, a restaurant space located within the Waterloo Center for the Arts, has been vacant since October 2012 after being occupied by a series of different contractors. Several potential contractors to take over operations were interviewed and considered. Laughing Tree LLC (Eliz & Jim Guyer) submitted the most comprehensive, and in our opinion, most viable proposal. Their proposal includes lunch service with vegetarian/vegan alternatives and children's menu items, specialty coffees and teas, catering services, and a retail component including packaged teas, fine chocolates and gift baskets. The Service Agreement will generate at least $400 per month in revenue and will provide additional amenities for visiting patrons and event rental groups. ART HOUSE CAFE SERVICE AGREEMENT Agreement made and entered into this day of , 2014, by and between the Waterloo Center for the Arts/Waterloo Cultural and Arts Commission (WCA) and Laughing Tree LLC (herein referred to as Contractor). RECITALS: A. The City of Waterloo is the owner of the Art House Cafe (site map attached) in the Waterloo Center for the Arts, a facility located at 225 Commercial Street, Waterloo, Iowa. B. WCA desires to retain Contractor to operate the Art House Cafe and Contractor represents that it has the ability to, and is willing to operate the Art House Cafe, during the Term hereof. NOW THEREFORE, the parties agree as follows: 1. SERVICE. Contractor shall operate the Art House Cafe, serving food and beverage during the Term hereof. Except as set forth in Section 2. 2. EXCLUSIONS. Contractor shall be subject to the following exclusions unless otherwise arranged: a. Pre -arranged events hosted by WCA or the Friends of the Art Center. (i.e. Fundraising events, exhibit openings, etc.) WCA will have the use of the kitchen and Cafe facility. WCA may use outside caterer or may arrange with contractor for catering. b. Employees/Patrons of the WCA may bring in outside food for internal events/room rentals. c. WCA reserves the right to secure alternate providers of food and beverage service for WCA-sponsored fundraising or education events, which have limited budgets and require donated or discounted food and beverage service. 3. SCOPE OF SERVICES. Except as set forth in Section 4, Contractor shall, at their own expense, provide all food, beverages, materials, labor, licenses, insurance and equipment as needed to provide full food and beverage service at the Art House Cafe during the Term. Such service to be provided by Contractor will be consistent with the business plan submitted by the Contractor (Appendix A) and includes, but is not limited to, the following; a. Marketing and promotion (with the cooperation of WCA), menu planning, contracting, billing and collection. b. All additional serving and tableware, including but not limited to dishes, silverware, napkins, cups, glasses not originally provided by WCA. c. Fresh flowers or greens. d. All non -fixed beverage and food preparation and service equipment. e. Maintenance of the area in a clean manner. f. Acceptance and handling of all deliveries of materials for the Cafe. Deliveries must be delivered at receiving dock and stowed immediately to Cafe kitchen or storage closet. No supplies or equipment may be left or stored in areas other than those designated to the Cafe in this contract. g. All food and beverages to be served in the Cafe. h. Food preparation, service and cleanup staffing. i. Maintenance of equipment. Breakage of dishes, glassware, or other equipment will be the responsibility of Contractor. j. Cafe will be open as per agreement between Contractor and WCA Director. k. Providing outdoor lunch service, weather permitting as decided by Contractor, May through October. I. For use of the Cafe space for private events, Contractor must complete a WCA facility rental agreement and pay applicable rental fees, security and custodial fees and operate within WCA open hours. m. Dishes, glassware, silverware provided by WCA may not be removed from the building for catered jobs. n. Any material items which impact the physical infrastructure or aesthetics of Cafe spaces must meet with the approval of the WCA Director. o. If Contractor chooses to provide ambient music it must be limited to the Cafe area and must be of a volume which does not impact staff and visitors in the adjacent Grand Foyer and gallery spaces. 4. WCA PROVIDED ITEMS: a. Use of the WCA's existing Cafe facilities as reasonably required by Contractor. b. Tables/chaos for 80, dishes, silverware, glassware, vases, major appliances (stove, dishwasher, freezer, refrigerator, ice machine), small storage closet (shelving provided by contractor) and trash disposal on site. Should Contractor choose to utilize supplies or equipment other than those provided by WCA, these will be provided by the Contractor at the Contractor's expense. Substitution of supplies or equipment for those provided must be approved by the WCA Director and WCA shall not be held responsible for maintenance or replacement of such supplies or equipment provided by Contractor. c. WCA will also provide: wireless connectivity, some promotion/marketing in WCA promotional materials, design for menus, table tents and signage. All design should be coordinated with WCA. Contractor will be responsible for providing content and a reasonable timeframe for completion of design services. d. Parking for customers. e. All utilities. f. Use and feasible control over the existing cafeteria location and kitchen area to operate the Cafe contemplated hereunder. Janitorial service will include periodic maintenance of floors in Cafe and Grand Foyer. Daily maintenance of these areas will be the responsibility of the Contractor. g. h. One telephone line to the Cafe will be provided as well as answering service and voicemail. i. Referral of all users of the WCA who desire catering service. This will not be an exclusive contract, but WCA will recommend Contractor as the preferred caterer. Outside caterers will not be allowed to use the Cafe kitchen for private rental events. J• Remodeling of facilities as required at WCA's discretion and subject to available funding. k. WCA will maintain the alcohol license. 5. LICENSES AND PERMITS. Contractor shall obtain and maintain all required licenses, permits and approvals required to operate the Cafe (except alcohol license), including, but not limited to, sales tax permits, food service permits, occupancy certificates, food inspection certificates as required by federal, state and Iocal law. 6. ECONOMIC TERMS a. Contractor will assume all expenses of operation, including, but not limited to, inventory and labor. b. Contractor shall be solely responsible for collecting and remitting applicable taxes and to pay all of its own expenses of performance. c. WCA shall have no responsibility for default or non -collection of sums from users of services hereunder. d. Contractor shall pay WCA $400.00 rent on or before the first day of each month throughout the term of the Agreement set forth in Section 9. e. Contractor may serve alcohol acting as an agent for the RiverLoop Association Inc. (RAI) which holds permits for beer and wine sales on premises. Contractor must comply with all stipulations for service as specified by RAI. Contractor will turn alcohol sales receipts and cash over to RAI on a daily basis. On a quarterly basis, RAI will issue payment of a service fee to Contractor at a rate to be negotiated. 7. INSURANCE. During the Term, Contractor shall maintain at its own expense and provide WCA with a Certificate of Insurance indicating the following level of insurance coverage: a. General Liability: 1,000,000/2,000,000 minimum limits listing WCA as additional insured. The coverage provided under the additional insured status shall be primary to any other insurance that may be carried by WCA. Total limit can be satisfied with a combination of the primary liability and umbrella policy. b. Workers Compensation and Employers Liability: Coverage with Section A per State of Iowa Statutory Limits, Coverage B limits of 100,000/500,000/100,000. Policy to include waiver of subrogation. c. Automobile: 1,000,000 combined single limit applying to owned, non -owned and hired vehicles required only if and when contractor engages in outside catering. d. Umbrella: 1,000,000 limit excess of the General Liability, Auto and Employers Liability. e. All coverages shall be with a carrier admitted to do business in the State of Iowa, Minimum rating of A -VII by AM Best Company. All insurance coverage required by this contract shall provide coverage for all claims arising from activities occurring during the term of the policy regardless of the date the claim is filed or expiration of the policy (subject to the legal defenses that may be asserted, such as expiration of the statute of limitations). Insurance shall be maintained with insurance underwriters authorized to do business in the State of Iowa, satisfactory to WCA. WCA shall be listed as an additional insured on the policy. Certificate of Insurance shall provide that the policy cannot be canceled or materially changed except after giving a minimum of 30 days notice by certified mail, return receipt requested in accordance with the statute for providing notice of cancellation. Contractor shall furnish WCA a form Certificate with coverages and Iimits as required. Non-standard policy provisions and exclusions must be noted on the Certificate. 8. EMPLOYMENT a. Contractor shall furnish its own trained and qualified employees to perform the services hereunder. Contractor has sole responsibility for the direction and supervision of its employees. b. Employees dress should be consistent with WCA standards (i.e. no t -shirts, jeans, etc.) c. Contractor shall require its employees to comply with instructions pertaining to facility regulations. d. Contractor shall have one or more responsible, capable supervisor on site when services are performed. e. Contractor shall hire and pay its employees in accordance with all applicable laws and rules of the United States and the State of Iowa and shall provide Workers Compensation and other required benefits to comply with those laws. Contractor may also use independent contractors when appropriate and will comply with laws governing those individuals. f. Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment because of any prohibited criteria such as race, sex, age, religion, national origin or disability. Contractor shall perform all its duties in compliance with all published rules, regulations, directions and orders of the federal, state and city civil rights agencies. Contractor and its employees shall be responsible to comply fully with all applicable laws in the performance of their duties. g. Contractor shall comply with all applicable employee health and safety standards. h. Contractor shall provide WCA with the names of all its employees. i. Keys shall be held by the Contractor only and copies may not be distributed to employees unless approved by WCA. WCA is an art museum and has stringent security requirements. 9. TERM OF AGREEMENT. This Agreement shall be for a term commencing on the date of signing ( ) and may be renewed upon mutual agreement of the parties unless terminated as provided herein. Rental will be reassessed on an annual basis. 10. EARLY TERMINATION. This Agreement may be terminated: a. By either party with 90 days' written notice for any reason, with or without cause. b. For breach of either party. The agreement may be terminated upon written notice for the breach of either party of any material term, condition or provision of this Agreement, if such breach is not cured within twenty (20) days of receipt of written notice of breach. c. Upon termination each party shall return to the other all property of the other. 11. FORCE MAJEURE. Neither party shall be liable for failure to perform its respective obligations under this Agreement when such failure is caused by fire, water, act of God, civil disorder or disturbance, strikes or other industrial disturbance, vandalism, war, riot, sabotage, or like causes, nor shall either party be liable in any way for the value of real or personal property belonging to the other or its employees that may be destroyed or damaged due to such causes. 12. WARRANTIES AND REPRESENTATIONS. Contractor warrants and represents that: a. Contractor has the authority to enter into this Agreement and to perform all obligations hereunder; and b. Contractor will conduct the service with diligence, skill and attention. 13. INDEMNITIES. a. Contractor shall be liable for all damages incurred to WCA's equipment, public/private property or person(s) working at or utilizing the WCA Building, Cafe or Contractor's services. Contractor will use best efforts to insure that the users of all equipment or tools will use every precaution to protect all persons in the immediate vicinity. b. Contractor shall indemnify and hold WCA harmless against any loss or liability to person or property arising out of the performance of Contractor under this Agreement. c. WCA shall be liable for damages incurred by Contractor to public/private property, or person(s) utilizing the WCA Building Cafe or Contractor's services caused by WCA, its agents, employees or representatives arising out of WCA's operation of the building. 14. WCA AND BUILDING PROPERTY. If WCA supplies any item of property for Contractor's use, no title to such item shall pass to Contractor. All such items not consumed in the performance of work shall be returned to WCA upon termination of the Agreement. Contractor shall use items supplied, and its access to WCA's property and facilities with the same degree of care in their use as it does with its own similar items, but in no event less than reasonable care. Contractor shall be responsible for preventative maintenance on any of WCA's property it uses, including keeping such property clean and sanitary. Contractor shall notify WCA if any WCA-supplied property is in need of repair or replacement. WCA retains discretion in determining whether to repair or replace any property that is not properly functioning. 15. RIGHT OF INSPECTION. WCA shall at all times have the right to access space occupied by Contractor for inspection purposes to confirm that standards of quality, sanitation, health and safety are being maintained at a level satisfactory to WCA. WCA staff must, however, be accompanied on this inspection by Cafe personnel. WCA reserves the right to establish, from time to time, reasonable regulations with regard to such matters and WCA agrees to comply with such regulations. 16. NOTICES. Notices under this agreement shall be served as follows: a. If to WCA: Kent Shankle Executive Director Waterloo Center for the Arts 225 Commercial Street Waterloo, Iowa 50701 b. If to , Contractor: 17. COOPERATION OF PARTIES. The parties agree that both parties must work cooperatively for the Agreement to be executed successfully. The parties shall each designate a representative for the purposes of conferring on a regular basis regarding performance of this Agreement. Each designated representative shall maintain an open line of communication with each other. 18. MUNICIPAL AND WCA REGULATIONS, STATE AND FEDERAL LAWS AND REGULATIONS. Contractor shall at all times observe and comply with all federal and state laws, local Iaws, ordinances, orders and regulations of the federal, state, county, or city governments, including but not limited to food safety laws and regulations. 19. INDEPENDENT CONTRACTOR. Notwithstanding any other provision hereof, for all purposes of this Agreement, Contractor hereby agrees that it is engaged as an independent contractor and not as any agent, employee or partner of, or join venture with WCA; that it has and retains the right to exercise control and supervisor of the work; it will be responsible for its own acts and those of its subordinates, employees and agents, if any; during the term of this Agreement. Contractor agrees that as an independent contractor, it is solely responsible for all federal, state and local taxes and that it shall not become an employee of WCA, nor become entitled to any employee benefit as a result of the execution of the this Agreement, or performance of work hereunder. 20. ENTIRE AGREEMENT. This is a fully integrated agreement that supersedes all oral or written proposals and communications related to this Agreement between the parties. Contractor acknowledges that it has not been induced to enter into this Agreement by any representations or statements oral or written, not contained in this Agreement. This Agreement may only be amended by a written instrument signed by authorized representatives of both parties. 21. CHOICE OF LAW. This Agreement will be governed and construed pursuant to the laws of the State of Iowa. No action under this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. Venue for any action hereunder shall be in the state or federal courts covering Black Hawk County, Iowa. Both parties consent to the jurisdiction of such courts and waive any objections regarding venue of such courts. 22. GENERAL. a. Neither party may assign any rights, duties, obligations or interest in this Agreement without the prior written consent of the other party. Any attempt to do so will be void. b. Headings herein are for convenience of reference only and shall in no way affect interpretation of the Agreement. c. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names on the date first written above. Director/Waterloo Center for the Arts/Waterloo Cultural and Arts Commission By: Date: Contractor, By: Date: Art House Cafe Business Plan 0--\\ Eliz Guyer James Guyer 220 Commercial Street Waterloo, IA 50701 1 TABLE OF CONTENTS Executive Summary 3 Business Description 4 Organizational Plan 5 Marketing Plan 7 Market Area 7 Target Market 7 Products and Services 8 Market Need 10 Competition Analysis 13 Location 13 Promotion Plan 15 Pricing and Sales 16 Financial Plan 17 Break -Even Analysis 17 Start Up Profit and Loss Projections 17 Revenue and Expense Projections 18 Cash Flow Projections 20 Appendix 21 2 EXECUTIVE SUMMARY Art House Cafe will be a LLC Partnership owned and operated by Eliz Guyer and James Guyer. The Art House Cafe will offer homemade soups, salads, and gourmet sandwiches, artesian teas, vegetarian/vegan options, delectable desserts and a creative kid's menu. Located inside the Waterloo Center for the Art's, the cafe will be a destination point for a unique tea & coffee shop, and artistic culinary tasting. The Art House will provide a comfortable gathering spot for enjoying delicious tea and food, with access to reliable complimentary Wi-Fi. Eliz Guyer, an experienced business manager and owner of Laughing Tree Tea will operate the cafe in partnership with Scharlene Shumpert an experienced kitchen manager and caterer. James Guyer will be a business consultant and silent partner. The business will operate inside the Waterloo Center for the Arts located at 225 Commercial Street Waterloo, IA 50701-1313. Operational hours for the business will be Tuesday through Friday, 08:00 am — 3:00 pm. Lunch will served be from 11:00 am — 2:00 pm. The business has a target start date of December 2013. By focusing on the customer's comfort and access to cafe's wide range of seating options, from single workspace to large table seating, the cafe will develop as gathering place for multiple group experiences where sharing tea, coffee, and a pastry enhances the social experience. The cafe will become a destination point for the local community. The addition of a branded tea for retail, gourmet coffee, healthy vegetarian, vegan choices, extended hours during evening events, and box lunch catering will generate multiple revenue streams for sustained profitability. The Cafe will target downtown businesses to provide a quick, convenient place to stop for a gourmet lunch. Laughing Tree Tea will draw in tea lovers from the Cedar Valley looking for specialty tea and socializers from the area looking for an artistic upscale location to meet with friends and enjoy a unique coffee and tea house experience. The Art House Cafe will also retail Laughing Tree Teas and other exclusive specialty food items and gift baskets. Catering would also be housed from this location and serve special events and customers at the arts center, downtown business and off-site events. These flexible revenue streams allow the Art House Cafe to create a successful business model with the potential for the cafe to become a destination point for customers outside the Cedar Valley area. 3 BUSINESS DESCRIPTION Business Concept Art House Cafe will be a LLC Partnership owned and operated by Eliz Guyer and James Guyer. The Art House Cafe will offer homemade soups, salads, and gourmet sandwiches, artesian teas, specialty coffees, vegetarian/vegan options, delectable deserts and a creative kid's menu. Located inside the Waterloo Center for the Art's, the cafe is will be destination point for a unique tea & coffee shop, and artistic culinary tasting. The Art House will provide a comfortable gathering spot for enjoying delicious tea and food, with access complimentary Wi-Fi. The business will operate inside the Waterloo Center for the Arts located at 225 Commercial Street Waterloo, IA 50701-1313. Operational hours for the business will be Tuesday through Friday, 08:00 am — 3:00 pm. Lunch will served be from 11:00 am — 2:00 pm. The cafe will serve as a tea and coffee house, lunch cafe, and catering service for downtown businesses, patrons of the arts center, and families from the Youth Pavilion. In addition, it would be a retail establishment for Laughing Tree Teas and serve as the Cedar Valley's only tea shop. Mission Statement "Providing a healthy delicious culinary, tea and coffee experience in a casual, comfortable atmosphere. We want to be your cup of teal" Strategy We will leverage a customer focused, comfortable atmosphere; multiple revenue streams, low overhead, and lean, flexible processes to grow and maintain profitability in volatile market economy. The Cafe will target downtown businesses to provide a quick, convenient place to stop for a gourmet lunch. Laughing Tree Tea will draw in tea lovers from the Cedar Valley looking for specialty tea and socializers from the area looking for an artistic upscale location to meet with friends and enjoy a unique tea experience. Ongoing sales of Laughing Tree Tea will be offered through the Laughing Tree Tea website and allow for additional revenue streams outside the Waterloo Cedar Falls Market area. The Art House Cafe will also retail Laughing Tree Teas and other exclusive specialty food items and gift baskets. Catering would also be housed from this location and serve special events and customers at the arts center, downtown business and off-site events. These multiple revenue streams allow the Art House Cafe to create a successful business model and make the Arts Center a destination point for the Cedar Valley. The second key to success will be increasing visibility and traffic flow to the Arts Center. Currently there is almost no foot traffic through the facility during the day. Increased signage and visibility from local thoroughfares and roads would direct traffic to the Cafe and allow us to draw customers from the two major highway's Highway 63 and 218. 4 Business Owners ® Eliz Guyer e James Guyer ORGANIZATION PLAN 90% 10% Technical Skills & Leadership Eliz Guyer has over 12 years of leadership experience. In her most recent experience as an executive at Target she held a variety of positions that include Operations Manager, Human Resources Business Partner, Training Supervisor and Security Supervisor. This experience has helped her to understand multiple aspects of operating and managing people and understanding the complexities of business. Eliz also has experience coordinating and planning large events from a Kindergarten Safety Program to appreciation food events and has organized successful fundraising events at the Waterloo Center for the Arts. Her commitment to the community was recognized by her peers as she was nationally recognized and awarded the Best in Community Award for the Target Distribution Center in Cedar Falls Iowa. Eliz Guyer received her Bachelor's degree from the University of Northern Iowa. In preparation for starting a small business Eliz completed the ISED Ventures Small Business Training sponsored by the University of Northern Iowa. In addition to her corporate experience Eliz has operated a small tea business. Her hand blended artesian teas have been sold at a variety of retail outlets and at Farmer's Markets starting in 2010. She has studied the health benefits of herbs and teas and is knowledgeable in their use and preparation. As a registered Yoga Instructor and Laughing Yoga Instructor she has experience speaking and presenting in front of large and small audiences and sharing her passion for holistic health with others. Eliz will be responsible for co -managing the cafe. She will also train staff on the complexities of tea and their preparation to ensure each customer receives the knowledge to help them enjoy their tea experience to the fullest. Eliz will also be responsible for the business management of the operations, human resources, marketing and coordinating events. Throughout his 12 year career at John Deere Waterloo Works Jym has specialized at starting new programs and implementing business improvement solutions to complex process issues. By using a wide range of tools he will facilitate the monitoring daily revenues and expenses to determine how the focus of the marketing plans and control the expenses inherent in a start-up plan. Jym has had extensive experience building tools to monitor business processes. His expertise will be leveraged to bring cohesion to multiple revenue streams, and minimize overhead and capital costs through improved utilization of the resources. His MBA and experience at Deere will provide the business framework to monitor daily business needs and provide business strategy for the Art House Cafe, Laughing Tree Tea and Laughing Tree Coffee. 5 Business Advisors In developing a business plan for the Art House Cafe an Advisory Committee was developed. This Advisory Committee has held multiple meetings and guided the development of this business proposal as well as assisted in gathering information and determining strategy. This Advisory Board will continue to meet on a monthly basis for the first year of our operation. Advisory Board Members • Terry Rice- small business owner • David Goings — small business owner • Jan Gallager- accountant, programmer, • Diane Ingram — retired John Deere professional • Becky Wagner — Tourism and Marketing expert • Jason Forbes- IT specialist- small business owner • Bob Coyle- Restaurant Manager MARKETING PLAN Market Area According to the Greater Valley Alliance and Chamber Waterloo and Cedar Falls area has an approximate population of 167,819. Of the 28,756 households in just the City of Waterloo the average household spends around $600 a year on eating lunch away from home. An additional $134 is spent on snacks and non- alcoholic beverages. Combined consumer spending in the city of Waterloo on lunch, snacks and non-alcoholic beverages is $7,706,608. This amount does not include adjacent municipalities such as Cedar Falls, Waverly and Evansdale, which our marketing plan would also target. The average annual income for a Waterloo resident is $53,931 and the median household income is $41,159. According to U.S. Census Bureau information there are 2,774 households in Waterloo that earn over $100,000 a year. 6 Target Markets The main target markets for the business include: Downtown business The downtown Waterloo area has an abundance of professional offices that would be our primary focus for marketing the Art House Cafe. According to Main Street Waterloo there are over 250 businesses located in the down vicinity. They include the local TV station, regional newspaper several radio stations, the county courthouse, Waterloo city hall, regional council of governments, public library, and many more. A majority of the dining facilities for the downtown businessperson are concentrated on the East side. Art Center Patrons The Art Center draws in visitors through a variety of events. According to the Waterloo Center for the Arts there were 126,000 visitors to the building last year. The Waterloo Community Playhouse and Black Hawk Children's Theatre holds several plays throughout the year. Facility rentals also drive traffic through the building. These range from room rentals for community service organizations, business trainings to weddings. The Phelps Youth Pavilion, located in the Waterloo Center for the Arts had approximately 24,000 visitors last year. The traffic through the youth pavilion varies widely depending on seasonal factors such as school schedules, weather, and bus tours. A big draw for the Youth Pavilion is Dollar Days, which is held the third Thursday of each month and draws in families from throughout the community. One of the challenges of the cafe will be to increase awareness of the Cafe and entice visitors to stop for a cup of tea or sandwich. Socializers We will market to the middle and upper -middle class women of Waterloo and surrounding towns who currently have no place where they can go to be pampered at a moderate price outside of a full restaurant. Local coffee houses can be inconvenient, noisy, and overcrowded. Local restaurants can also be noisy, and require a large chunk of time and money for an outing. This market segment is seeking a cozy, comfortable, upscale/exclusive locale with a similar clientele, where they can meet friends, have some good food and beverages, and stay as long or as short as they want. Our challenge with the socializers is to create a buzz from the very beginning that we are exclusive, pleasant, and high-quality. Tea Drinkers Tea drinkers are looking for a pleasant, relaxing place in which to indulge their love of tea, share it with friends, and Iearn more about tea varieties, cultivation, and health properties. Committed tea drinkers will always choose quality over price or convenience, seeking out the freshest whole -leaf and specialty teas in the area. Our challenge with these consumers is getting out the word that we are here, and holding events to showcase our quality. 7 According to the Specialty Tea Institute Demographic Summary • 53% of tea drinkers are female • The average age of a tea consumer is between 20 and 39 (23.1% ages 30-39 and 19.4% ages 20-29. s Baby boomers are the most common specialty tea drinkers. ® 77% of all households buy tea and 46.7% of those purchase tea bags e Households with income over 40K are willing to pay over $2 for an 8 oz serving of tea Products and Services Art House Cafe The Art House Cafe will offer a lunch menu of healthy delicious foods. For adults a variety of sandwiches, soups and desserts will be served. A vegetarian and vegan menu will cater to the selective meat free diners. A children's menu will offer healthy kid friendly food for patrons of the Youth Pavilion and families visiting the Arts Center. Parents can be assured that their children are eating a nutritional lunch or snack while enjoying the Youth Pavilion activities. Before and after lunch hours the cafe will be serving tea and coffee and an assortment of desserts and snacks. As a cafe and tea shop we will provide a variety of artesian teas for the areas local tea lovers. We will offer a wide selection of teas and most importantly the tools and knowledge to glean the most from the tea drinking experience. While primarily a tea shop we will also provide specialty coffee's to our guests. Catering Catering services will be available to cater events, conferences, banquets and board meetings in the Waterloo Center for the Arts. It will also offer catering services to the general public. Our initial focus will be to market these services to businesses in the downtown Waterloo area. In addition to catering cooking classes will be available at the cafe' after hours for youths and adults. The classes will be fun events where participants can learn how to make healthier grocery shopping choices, find alternative to unhealthy snacking and enjoy learning to make a new dish. Classes offered to children will focus on how to make healthy snacks and fun food. Laughing Tree Teas Specialty teas will be a focal point of the cafe. We will offer a variety of hot and cold teas featuring the Laughing Tree brand specializing in herbal, hand blended artesian teas. Traditional green, black, white and oolong will be a part of the tea menu as well. A part of the services provided will be education regarding teas, methods for steeping, health benefits and the inherent social aspects of sitting down alone or with a friend for a cup of tea. In order to enjoy the full benefit of the teas sold instructions on the correct water temperatures and steeping times will be explained and teas will be served in accordance with these specific requirements. These small details can make the difference between a bitter green tea experience or the earthy fullness of a oolong tea tasting. In addition to the traditional tea menu a "Tea of the Week" program will be utilized to bring in seasonal teas and help develop the current tea menu. A listing of the current Laughing Tree Teas can be located as an addendum to this business plan. 8 Tea paraphernalia Tea paraphernalia includes specialty teapots, teaballs, decorative tea tins, "art of tea" books, and various small, seasonal, tea -related items. Gift Baskets We offer a selection of pre -made gift baskets, and will work with customers to create custom baskets for any occasion. To reverberate with the creative setting of the Arts Center, gift baskets combining local artist's work and tea will also developed and sold in the Cafe. Examples include a hand crafted ceramic tea set paired with a sampling of various teas and hand woven tea towels. Coffee A selection of ethnic coffees will also be offered and will be served using a miniature French Press. Our plan is to offer a few varieties of international coffees originating from exotic locations across the globe. Our coffee's served in house will be offered using a French press, which allows the coffee drinker to control the temperature of the water, allows the grounds to steep to the customer's preference and prevents the coffee oils from being trapped in a filter. A variety of flavors and creams will also be available to enhance the coffee experience for our guests. Specials of the day or week will also be offered for variety. Market Need Art House Cafe In the downtown Waterloo area there are over 250 businesses. This number continues to increase due to revitalization efforts from the City of Waterloo, Main Street Waterloo and the Greater Cedar Valley Alliance and Chamber. Signs of this continued expansion are the recent addition of the Amphitheater and RiverLoop Expo Center adjacent to the Waterloo Center for the Arts as well as a 26 Million dollar Sports Complex being built within two blocks of the location of the Cafe. The Cedar Valley also continues to see Non Farm employment increasing especially in manufacturing where there was a 9.02% increase over the past year. Currently there continues to be a need for business diners who have limited time for a quick healthy meal. These businesses include John Deere employees from the Westfield site, TechWorks, Community National Bank, Waterloo Courier, Hawkeye Alarm and Mannats. All of these businesses are within a 2 mile radius of the Waterloo Center for the Arts. Currently many of these diners are traveling further east to visit the restaurants there such as the Broadway Deli, Sub City or Subway. The Art House Cafe would be able to provide an alternative to driving into the paid and often full parking areas on the east 4th street and allow them to sit for a quick meal or to go if needed. 9 The market need for business diners in the downtown Waterloo area would entail three types of diners 30 Minute Diners Those with limited time who need to be able to quickly grab a lunch and go. Parking and service time would be strong considerations for these diners. 60 Minute Social Diners With additional time these diners would be looking for a place to eat their lunch and enjoy a beverage in a relaxed environment, meet with others or socialize with friends. Business Meeting Diners The Art House Cafe would be able to support small business diners in the Cafe area and coordinate with the Arts Center to arrange room rentals for those needing additional resources. Catering — Market Need There are Five Key External Drivers for American spending on catering according to the IBIS World Industry Report. They are consumer spending, corporate profit, external competition demand from trade show and conference planning, and households that earn more than $100,000. Consumer Spending & Corporate Profit Improved business and consumer confidence are projected to increase spending on catering. Over the next five years, an expansion in customer's party and event budgets will result in higher demand for catering. Rising consumer spending rates and corporate profit will provide clients with more cash available for catered events. External Competition The catering industry is also experiencing competition from restaurants that establish dining rooms for small events. Competition is also experienced as companies look for ways to reduce their spending and choose to handle the catering and food service portions of their functions by purchasing items at supermarkets, delis and big box retailers. Demand from Trade Show & Conference Planning Trade show and event planners are heavy purchasers of catering services. Some trade shows opt to do their catering in-house, scale back on meals, or not serve food during their events. Despite these pressures, demand for catering from trade shows and conferences is expected to increase during 2013 and beyond. Households Earning More Than $100,000 This highest household income group's expenditure is also a key indicator of the catering market, as this group's time is most likely constrained making planning and preparing for an event more likely to be purchased. This income segment is also the most likely to have the disposable income to hire catering services. The number of households earning more than $100,000 is expected to increase during 2013 and beyond. In the city of Waterloo there are around 2774 households with income at or above $100,000. 10 Industry Outlook Market analysis done by the IBIS World Industry Report predicts that the catering industry revenue is expected to rise 2.9% to $8.5 billion in 2014. Over the next five years to 2018, revenue is forecasted to increase at an average annual rate of 2.3% to $9.3 billion. While the growth of the industry will not match that of the pre 2009 plummet, as businesses and consumers wait for sustained signs of growth in the broader economy. Despite steady demand, the industry is in flux as consumer preferences shift towards healthy foods. According to IBIS this presents an opportunity for enterprising caterers that adjust their menus and tout the health benefits of their foods. There is also significant opportunity for caterers that expand into full service catering. Laughing Tree Tea- Market Need Industry reports show that specialty tea offerings are booming as the second most -popular beverage globally after water. Sales of tea of all types and channels in the United States circa 1990 were about a billion dollars annually. Current estimates for tea sales run from $5 billion to $20 billion for total annual retail sales (all product types and distribution channels in the United States). Perhaps more significantly, savvy business market analysts such as and Mintel (mintel.com) forecast the entire U.S. tea marketplace will double in value by 2016. Multiple independent market intelligence data suppliers- Mintel, Pacaged Facts, Canadean and others' state similar growth forecasts and overall potential of the tea industry. Most impressive are the year -over -year compounded growth numbers. Specialty tea has enjoyed a 15 year growth run, estimated at an average of 10 percent per year (in all product formats and distribution channels, compound annual averages). Specialty tea not only survived the economic downturns of the last few years, but maintained its solid growth and expansion profile during this period. Tea Beverage Success Factors Tea and Heath- The tea -health connection remains one of the primary catalysts in getting consumers "hooked on tea." Consumption of tea promotes healthy well-being; may prevent multiple diseases; and is generally free from ingredient negatives, e.g. sugar, acids and artificial ingredients. Making it Fun- The tea industry continues to put forth a dazzling stream of creative, innovative teas and brewing accessories. Tea has become and outrageous, colorfull and diverse collection of styles, forms and shapes in its retail and branded products. Diversity- With the exception of wine, what other beverage literally has roots in dozens of countries and thousands of finished sensory profiles- flavor, color, aroma, mouthfeel and more based on varietal, processing and brewing methods. 11 Tea beverages will become the single -biggest beverage category in North America in their next phase, satisfying incredibly complex market niche requirements of aging baby boomers, the tech - savvy millennials and everyone in between. Laughing Tree Tea is poised to take advantage of the potential of the booming market, specializing in whole leave and herbal infusions. Laughing Tree Tea is a family owned business derived from a passion for fresh teas. Many of the herbal ingredients are grown in our gardens. All ingredients of the teas are organic or grown in our own garden. Each whole leaf tea is hand blended and hand packaged in tea bags or packaged for retail as loose leaf teas. This limited processing allows the ingredients to keep more of their flavor and health benefits as well as making a more flavorful tea drinking experience. We offer a variety of blends to suit the herbal tea lover, green tea enthusiast and the black tea aficionado. Competition Analysis Art House Cafe competition for the lunchtime business diner would include eating establishments located in the downtown Waterloo area. They include: • Cottonwood Canyon is a coffee house that serves a lunch menu located on E 4th Street. o Full Monty located in a business development center which serves lunch daily during the week. o River Loop Coop is a member owned cooperative that has fresh produce and bakery items as well as an eating establishment. It is located two blocks away from the WCFA. • Newton's Paradise Cafe is a full service diner with a full breakfast, lunch and dinner menu located on E. 4th Street. Art House Cafe's competition based on location and price would be the Riverloop Market. Cottonwood Canyon would provide competition as a meeting and gathering spot and similar menu selection. Full Monty has a similar artistic feel to its dining and its menu items would be similar to the Art House Cafe with less selection. In order to be successful we will draw in businesses located near the WCFA, John Deere, TechWorks specifically and other nearby businesses on the west side of downtown waterloo. We will be providing a quick high quality lunch for those on limited time with easy access to parking. Teahouse competition is limited in the Cedar Valley area. While there is an abundance of coffee houses, Starbucks, Cottonwood Canyon, Cup of Joe and Cabin Coffee, only one is located in downtown waterloo and is on the east side of downtown. Of these coffee houses the selection 12 for teas is minimal with none of these establishments offer a variety of specialty teas, loose leaf teas or a knowledge of the temperature and steeping requirements for a variety of teas. Major competitors for catering services in the Waterloo market are Famous Daves, Randall's Meat and Catering, Newtons Paradise Cafe, HyVee and RiverLoop Public Market. Of these competitors Randall's and RiverLoop are primarily used by people renting the WCFA facilities. Both of these competitors offer low budget meals for less than $10 a plate. Our challenge in marketing our catering services would be competing with full service catering competitors and our significant higher price per plate. Our goal would be to differentiate our catering services from the low cost competitors based up on the health and flavor of our menu items. Location The Art House Cafe is located in the Waterloo Center for the Arts in downtown Waterloo. In close proximity to a variety of businesses and event venues this location allows us to draw from the patrons of the Arts Center. Traffic through the Arts Center includes people there to see the galleries, take arts classes, renting the facilities for special events and conferences or meetings, families visiting the Youth Pavilion, and school and group tours. In the immediate vicinity are several event venues and tourist attractions. These include Young Arena, Expo Center, RiverLoop Amphitheatre, Dan Gable Wrestling Museum, 5 Sullivan Brothers Convention Center. The current layout of the Cafe allows for seating of up to 80 customers in the cafe and grand foyer as well as additional overflow seating in the lobby area. In addition outdoor seating can be set up on the patio area overlooking the river. The facilities are already zoned for commercial use and the cafe has met all standards for a commercial kitchen. Free parking is available during business hours and the parking lot is monitored during large events, such as hockey games at night to allow parking for Arts Center facility users. Renovations needed to the facility would be minimal and would occur in conjunction with the Arts Center and the City of Waterloo. Proposed renovations would include: • Moving the counter area approximately 1.5 feet towards the kitchen area • Additional lighting behind the counter • Minor changes plumbing to allow for water in the seating & serving area • Alternate tables and chairs for inside the cafe area • Repainting of the Cafe • Modified seating in the following locations, inside the cafe, east lobby area outside/deck • Additional electrical outlets for customers utilizing cell phones and computers • Exterior signs located at the grand foyer entrance clearly marking the correct entrance for the Cafe and a large sign visible from Highway 63. These renovations would be provided by the Waterloo Center for the Arts in partnership with the City of Waterloo and their architectural consultants. 13 Budged leasing price for the Cafe is $400 a month with utilities included. The only exterior sign for the Art House Cafe is located on the exterior of the building near the Grand Foyer entrance. The electronic billboard for the Arts Center could also be used to advertise the cafe. There is also a sign hanging on the outside of the Cafe inside the grand foyer. Promotion Plan Recent marketing research by Anglesmith discovered that after half of survey respondents seek information from a trusted friend, 8 of 10 will do additional research after receiving a restraint recommendation. This research is primarily done online using consumer generated review sites, blogs and restraint websites. Review sites such as Yelp, and the restaurant's website were cited as the most important places consumers turn to research a dining facility after receiving a friend's recommendation. The promotion plan for the Art House Cafe will focus on our 4 primary target markets keeping in mind what drives customers to choose their dining experience. 14 How Avenue Menu printed .; 10/10/13 All Patrons Customers`:: Expected 250 150 Fivers for Grand Opening Brochures for catering Brochures for tea. Postcards printed 10/15/13 Downtown Businesses 100 $ printed: 11/01/13. Downtown Businesses 100 no printed r:. 11/01/13. Socialites/Tea Lovers 100 70. printed 12/15/13. Socialites dubs.&Organizations 100 Loyalty Cards• Website SC printed 01/01/14 Socialltes/Tea Lovers/Business • 250 $ online 11/01/13 online 50 $ 50 Website LTT online 11/01/13 online 50 $ 150 Blog SC online 11/01/13 online 50 $ Blog LTT online 11/01/13 online 50 FacebookArtHouse online 11/30/13 online 50 Review Yelp online ongoing online 50 Facebook LTT- tea of the week online ongoing online 50 Website ArtHouse online TBD online 50 C}uiet Openings Art11ousea 113_ ArtCen erEr p Friends 8i'FAm) 2 Soft/ icluslve Opening _- . 6rand{ipening ouse Cafe :31%08113`' C`nmmistoners.Board/Otherinvltees =` 40 Ai ouseCafe- 13 General"Public Radio Advertising Newspaper multimedia 11/20/13 Socializers/downtown businesses 200 $ 500 multimedia 11/20/13 Celebrations Section -General Public 200 $ 50 Grand Opening Press Release WCA'Billboard multimedia 11/25/13 Newpaper/Radio/TV 200 Art House Cafe 11/20/13 General Public 200 Tea Classes AR House Cafe; Pricing Pricing for the Cafe was within the average range for other cafe's cited in the competition matrix. Pricing for a sandwich will range from $6.00 to $8.00 and beverages will be priced similar to the coffee houses we visited, which is between $2.50 and $5.00. A full listing of pricing for the cafe can be found on the attached menu. A cup of tea will be slightly higher than tea available in coffee house prices due to the high quality of the tea and our ability to serve tea in the correct steeping conditions. • Hot Tea: We offer two sizes of sit-down hot tea: small pots, at $3.50 each, and large pots, at $5.25 each (for two people). For customers wishing to take tea with them, we offer a flat rate of $2.50 for a 16oz. cup or a customer's own mug. ® Iced Tea: Iced Teas are served in 12oz. or 16oz. cups, at $2.00 and $3.00, respectively. Specialty teas and coffees will be individually priced. Distribution and Selling Methods • Direct Sales from the cafe s Catering- Onsite or Delivery • Teas- Retail in cafe or online 16 FINANCIAL PLAN Start Up Profit and Loss Projections The assumptions of the Monthly Start Up Profit -Loss Projections Chart are two employees covering 150 monthly Art House Cafe and Event Hours, and an increasing clientele base as the Cafe becomes more visible in the community and a regular destination point through the execution of the marketing strategies listed above. The multiple revenue streams and low overhead and inventory allow the break-even point to be 165 monthly customers, low compared to the overall monthly marketing projections_ $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 $- Monthly Break -Even Chart .6=0.TotalRevenue ®Total Expense 100 120 130 140 150 160 170 Number of Monthly Customers 180 190 200 Start Up Profit — Loss Projections A strong market entrance with the grand opening and ongoing, repeat customer focused marketing strategies will yield an immediate jump in customer traffic to between 1,000 and 1,500 after a partial month of shortened business hours. The initial six months of operations will yield between $500 and $1000 monthly profit, and be dependent on accurate overhead and variable labor projections as the flow of loyal customers increases. 17 0 2 $(500) Monthly Start Up Profit -Loss Projections 2 3 4 5 Month After Launch 6 7 0 Revenue and Expense Projections Revenue over the course of the first twelve months would range from $8,000 to $12,000 monthly, this would be heavily dependent on the success of the Destination Point start up campaign. Any revenue exceeding $12,000 would likely come from a higher than expected volume in the Laughing Tree Tea brand packaged teas, or a series of large events for the lunch box market. Although future marketing campaign will focus in these areas, the start-up has been designed and modeled for cafe counter traffic profitability. This is shown in the Revenue — Expense Chart below. Fixed Costs The fixed costs can be compared to variable costs and revenue in the Revenue — Expense Projections Chart below. Fixed Cost include two employees to run the Cafe, overhead, and inventory. Variable Costs Variable costs can be compared to the fixed costs and revenue in the Revenue — Expense Projections Chart below. The variable costs are the direct costs of food, tea, coffee, packaging and the additional counter support for increasing customer traffic. 18 s twE5 Customers ---Gross Profit —^± e fie_ _ is -, a. 2 3 4 5 Month After Launch 6 7 0 Revenue and Expense Projections Revenue over the course of the first twelve months would range from $8,000 to $12,000 monthly, this would be heavily dependent on the success of the Destination Point start up campaign. Any revenue exceeding $12,000 would likely come from a higher than expected volume in the Laughing Tree Tea brand packaged teas, or a series of large events for the lunch box market. Although future marketing campaign will focus in these areas, the start-up has been designed and modeled for cafe counter traffic profitability. This is shown in the Revenue — Expense Chart below. Fixed Costs The fixed costs can be compared to variable costs and revenue in the Revenue — Expense Projections Chart below. Fixed Cost include two employees to run the Cafe, overhead, and inventory. Variable Costs Variable costs can be compared to the fixed costs and revenue in the Revenue — Expense Projections Chart below. The variable costs are the direct costs of food, tea, coffee, packaging and the additional counter support for increasing customer traffic. 18 Revenue - Expense Projections 512,000 Total Variable Expense Total Fixed Expense —Total Revenue S1o,O00 5 Ss'001 c N $6,000 S4,o0O 5 - 2014.01 2014.02 Number of Customers Year/Month 19 Cash Flow Projections The Cash Flow Projections are based on a soft start up in month one, where Start Up and Marketing Expenses will exceed initial receipts. In the second month the grand opening and "new cafe" buzz will give the receipts a jolt, and bring the cafe to near the Break -Even Point. The revenue increases after the first two months will rely on the efficient execution of the marketing strategy; to include build repeat clientele for the tea, coffee, and lunch menu items, increased visibility of the cafe's location just off Highway 63, and continued development of the Laughing Tree Tea brand as a retail product. As volumes increase it will also be important to focus on the use of part-time employees for high volume time periods, food prep support, and large catered events. 20 Cash Investment $ 15,000 Start Up Costs $ 8,000 Starting Cash $ 7,000 Month Total Receipts Total Expenses Balance 1 $ 600 $ 1,262 $ 6,338 2 $ 7,920 $ 7,383 $ 6,875 3 $ 7,200 $ 6,372 $ 7,703 4 $ 7,272 $ 6,563 $ 8,412 5 $ 9,600 $ 8,589 $ 9,423 6 $ 8,112 $ 7,050 $10,485 7 $ 8,496 $ 7,267 $11,714 8 $ 11,160 $ 9,273 $13,601 9 $ 9,408 $ 7,586 $15,423 10 $ 11,760 $ 9,483 $17,700 11 $ 9,408 $ 7,586 $19,521 12 $ 9,408 $ 7,586 $ 21,343 13 $ 9,408 $ 7,586 $ 23,164 20 APPENDICES Competitors' Strengths and Weaknesses Worksheet Critical Success Factors Location. Price Atmosphere Social Madia. Health Variety Hours, Art House Cafe Low pedestrian traffic, inside WCFA, event focused $6-8 sandwich Comfortable welcoming atmosphere, artistic flair, WCFA website, Vegi options, will persue Bluezone designation 6-8 sandwich options, soups, side dishes desserts, childrens menu Open 8:00 to 3:00 Lunch served 11 to 2:00 Cottonwood Canyon Pedestrian traffic, convenient access $6-8 sandwiches Comfortable seating, quiet atmosphere, urban feel Great yelp reviews, Facebook updated, No website Bluezone approved restraunt Similar menu items, slightly less selection Open for Breakfast & early morning & lunch Newtons Pedestrian traffic, close parking $6-8 sandwiches Retro 1950's Feel Website with menu, positive online reviews, Bluezone approved restraunt, limited vegi options Wide choices, breakfas t, lunch, dinner 6am to 9Pm Full Monty Pedistrian traffic $5-7 meals with sandwich Artistic, eclectic, hip feeling, limited seating No facebook or website- No online reviews Vegi options Limited daily choices, specials every day Open for lunch RiverLoop Adjacent to Expo Center, near WCFA Buffet pricing $7 Sandwiches under $7 Market/ grocery interior with industrial feel Website with hours- no menu Vegi options Wide selection Lunch Cafe & buffet & evening buffet Boardwalk Deli 4th Street Sandwiches $7 Deli No menu, limited reviews, empty FB One veggie burger 30 different sandwich es Lunch 21 a rthoeeafe 4140) ttszo Chicken and wild rice soup $ 2.99 cup/$ 4.99 bowl (50 Feel like your at home when you have this soup. Fresh vegetables and fres613 tkj cooked wild rice, chicken in a delicious broth. . minestrone soup V) A fresh vegetable tomato based sou prepared pasta. Reubenou $3.95 cu 5.99 bowl. S p P /$ This is everyone's favorite soup style. Corned beef, swiss cheese, celery, and sau- Ssza erkraut, topped with rye croutons $ 2.99 cup/$ 4.55 bowl with delicous. Italian seasoning and perfectly • Festive Rice Try our rice with a kick. Wild rice, hot peppers, and onions. Fried Corn here we have comfort food with an hint of Italian. Sauteed fresh corn, peppers, shallots, and mushrooms. 23 a rthoecafe (fkiR'- 3-ANL7 W1Ct1_[.5 Mediterranean Chicken Club Fresh tomatoes, olives, fresh basil, feta cheese and spicy mustard soli, sandwiched between your choice of a wheat or rosemary roll. 1'1,41,9 ranini j C1,ickcn or5teakj Rainbow peppers, red onions, rhil[y spread on a toasted French Turkey and 5wiss -Bacon, Lettuce & Tomato $ 5.99 Fresh roman tomatoes, crisp lettuce, house honey mustard or blue henry aoli cious turkey and swiss cheese on 9ourchoice of a wheat or rosemary roll. • $ 6.99 Tomato Basil flatbread $ 7.99 A Fresh blend of tomatoes, basil, garlic, and sweet red onions on top of a toasted Fresh herb blended fat bread and topped with mozzarella cheese. • Garden ranini $ 5.99 Fresh seasonal vegetables with provolone cheese sandwiched between a pressed roscmany bun.. Vegetable Stir -rig with Nice Noodles $ 8.99 Seasoned rainbow peppers, red onions tossed with celcr9,carrotss, and broccoli, topped on rice noodles cooked to perfection.. Vegetable Melody $ 4.99 A healthy comforting baked vegetable mix, topped with parmesan and mozzarella cheese. 22 KIP F K1LNDLY ... INSERT PICTURE 1N5ERT PICTURE INSERT PICTURE. Fish Sticks baked breaded fish sticks from scratch with a side of homemade ketchup.. Grimed Cheese Sandwich just like mom makes but with your choice of _cheddar, swiss, orpepperjack cheese. fit:gh rive Chicken ringers $ 3-99 Hand breaded, baked chicken tenders on high five sticks with homemade ketchup.. INSERT PICTURE Veggies & Dip Fresh vegetables with peanut butterdip.. INSERT PICTURE Fresh gait Cup :Fresh fruit slices with a side of fruit dipping sauce. 24 LaugIing Tree Tea 5pecialt,9jends TAKEOUT TEA -Each package contains 5 bags [many teas get two uses per bat] or the loose leaf equivalent. Each of our specialty blended teas is designed to taste great, and maximize the teas qualities through herb combinations that have synergetic effects on the body. reace Garden -Settle back and imagine that the world is a garden of peace. Ingredients, spearmint and Iavender.The floral aroma & delicate taste makes everything seem at peace. Excellent relief Fora tension headache. Excite Mint - Use this unique blend of mint and citrus to kick start yourday. Ingredients: peppermint, lemon grass, ecbinacea, rosemary, orange peel, and lemon peel_ These will kelp you wake up your mind every new day. The peppermint and echinacea will boost immunity and ease tension. } .xcellent iced iced or hot nlighl:ei i Mint- Lighten up with our craving curbing. richly blended, zero calorie, sweet tea. Ingredients: Peppermint raspberry leaf, and licorice. Licorice root can stimulate the adrenal glands and naturally relieves symptoms of allergies. Trr n qu iii Tea -A soothing blend to wind down a hectic day. Take before bedtime, but be sure to put on your pajamas first 6�s Ingredients: Chamomile, lavender, valerian, hops, stria. Not intended for children. Night] Night Tea -5etde your stomach, the kids, or the kids stom- a -el; with this artisan blend. Ingredients: Catnip, Chamomile, Lemon I�alm, reppenaint, Lemon Grass, and Parsley. Helps calm the stom- ach and the mind. Soothing slcepaid that helps with body aches, pains, or nausea. and aperfect way to tuck in a fussy child and relieve mysteri- ous pains and upsets. Intended for childrcn..and parents. Cold Kerne Tea - Thus artisan blend tastes great, and still has time to Eight those miserable summer colds. Ingredients: ginger mint, thyme, echinacea, cranberry powder, hyssop, mulbernj leaves, dried mulbemj, and peppermint_ Helps kick out any colds from the body. Simplici Tea, 5impliuty in a cup with a sweet apple aftertaste. Ingredient: Chamomile. To: Calm the stomach and the mind. Materni Tea -A soothing blend forintestinal and pelvic health. Ingredients: Kaspbemj leaf, peppermint, and chamomile. Helps with a woman's lower hod, stress. reey erm int - PjCperience this cool, tummy taming.klend of chemical free freshness. Ingredient Peppermint Considered the crown of mints peppermint promotes a healthy lifestyle. It can relieve congestion, headaches, nausia and stomach cramps. Hot or cold it is popular to blend with a cup ofgreen or black tea. me sec us at iaugghingtreetea cont toget tea more information about: . rmstoratvevaluesoftheingredientsthat ifislcdopourartisanblends etour specia{t9 be your special tea 25 Letter of Reference October 20, 2013 RE: Letter of Recommendation for Eliz Guyer My name is Theresia Charley, and I am submitting a letter of recommendation for Eliz Guyer. I worked with Eliz for eight years at Target Distribution in Cedar Falls, IA. My position was the Human Resource Manager for the distribution center, and Eliz held the position of our Assets Protection Manager. Eliz and I began our executive careers at Target at the same time, and I had the privilege to work with her through different positions in which we worked on our development, our business goals, and our building's success. Eliz was successful as an executive in Human Resources, Operations, and in Assets Protection, and had a positive impact on our building in each of these positions. Eliz has an incredibly focused, methodical approach in which she sets a clear goal and takes action oriented steps to achieve her goal. I worked with Eliz through several disciplinary issues, criminal situations, and ethical situations in which I could always count on Eliz to investigate with passion to uncover details, ensuring she had the required information on the matter, and to execute the most accurate course of action. Eliz achieves results by ensuring she is prepared with an effective plan, she uses the resources available to her, and she monitors progress along the way to be successful in whatever she chooses to be involved in. Eliz is a highly respected professional and she was respected by peers and management for her integrity, executing abilities, and her compassion for others. I highly recommend Eliz for her pursuit of starting her own company and I know she will be successful, as I have always known her to be. If you have any further questions, please contact me at: Theresia.charley@gmail.com Sincerely, Theresia Charley 26 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-096 RESOLUTION APPROVING SERVICE AGREEMENT WITH LAUGHING TREE LLC OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY CULTURAL & ARTS DIRECTOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Service Agreement dated February 10, 2014, to operate the Art House Cafe within the Waterloo Center for the Arts, effective March 1, 2014, by and between Laughing Tree LLC of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Cultural & Arts Director authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 10th day of February, 2014. ATTEST: C-3LA Suzy SCAres, CMC City Clerk eAk.t-kY tp Ernest G. Clar a or CITY OF WATERLOO Council Communication City Council Meeting: 02/10/14 Prepared: 01/31/12 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Mayor Clark to sign a Black Hawk County Gaming Association Grant Application. The application will be for $90,000.00. A copy of the grant request is available for review at the Leisure Services Office. Submitted by: Mark Gallagher, Recreation Services Manager Recommended City Council Action: Pass said Resolution Summary Statement: This project will allow us to demolish the existing concession/restroom building at the Byrnes Tennis Center and construct a new structure. Expenditure Required: 0 Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The existing concessions/restroom building at the Byrnes Tennis Center needs major repairs. We are seeking grant funding from both the Convention and Visitors Bureau and BHCGA to fund the entire project. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 (319) 291-4323. RESOLUTION NO. 2014-097 RESOLUTION APPROVING SUBMISSION OF BLACK HAWK COUNTY GAMING ASSOCIATION GRANT APPLICATION AND DIRECTING EXECUTION OF SAID APPLICATION BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the submission of application dated February 10, 2014, for a grant in the amount of $90,000.00, to be used for the demolition and reconstruction of the concession/restroom building at the Byrnes Tennis Center, by and between the Black Hawk County Gaming Association and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 10th day of February, 2014. Ernest G. Clark, ayor ATTEST: Suzy Sch res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: 02/10/14 Prepared: 01/31/12 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Mayor Clark to sign a Waterloo Convention & Visitors Bureau Event/Capital Project Grant Application. The application will be for $15,750.00. A copy of the grant request is available for review at the Leisure Services Office. Submitted by: Mark Gallagher, Recreation Services Manager Recommended City Council Action: Pass said Resolution Summary Statement: This project will allow us to demolish the existing concession/restroom building at the Byrnes Tennis Center and construct a new structure. Expenditure Required: 0 Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The existing concessions/restroom building at the Byrnes Tennis Center needs major repairs. We are seeking grant funding from the Convention and Visitors Bureau and BHCGA to fund the entire project. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 (319) 291-4323. RESOLUTION NO. 2014-098 RESOLUTION APPROVING SUBMISSION OF WATERLOO CONVENTION & VISITORS BUREAU EVENT/CAPITAL PROJECT GRANT APPLICATION AND DIRECTING EXECUTION OF SAID APPLICATION BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the submission of application dated February 10, 2014, for a grant in the amount of $15,750.00, to be used for the demolition and reconstruction of the concession/restroom building at the Byrnes Tennis Center, by and between the Waterloo Convention & Visitors Bureau and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 10th day of February, 2014. ATTEST: Ernest ar , Mayor Suzy Sch res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: 2/ 10/14 Prepared: 2/4/14 �- --� Dept. Head Signatue:._._- # of Attachments: f" SUBJECT: Resolution -to approve and authorize Leisure Services to apply for Cedar Trails Partnership grant funds for a cross-country ski trail snow roller in the amount not to exceed $2,000. Submitted by: JB Bolger, Golf & Downtown Area Maintenance Manager Recommended City Council Action: Pass Said Resolution Summary Statement This rolling device would be pulled behind a City owned snowmobile to compact fresh snow creating a better base surface for grooming trails. This will speed the process of creating first class cross-country skiing opportunities at Iry Warren Golf Course. Expenditure Required No City funds would be requested as "matching funds" for this grant. The City's prior investment in the snowmobile and the operators labor hours are the match listed in the grant request. Source of Funds NA Policy Issue NA Alternative NA Background Information: When snow conditions have allowed, Golf Maintenance employees have groomed cross country ski trails at Iry Warren Golf Course for many years. This new snow rolling device will speed up the grooming process and create a better snow base to make trails from. Trails created are free for citizens to use and enjoy. Cedar Trails Partnership Grant Application General Information A. Name of project: Cross Country Ski Trail Snow Roller B. Name of organization: Waterloo Leisure Services C. Mailing address: 1101 Campbell Ave. Waterloo, IA 50701 D. Names and qualifications of persons who will administer the grant: JB Bolger, Golf & Downtown Area Maintenance Manager for Leisure Services, will administer the grant. The City of Waterloo, Leisure Services Department, will be responsible for creation and maintenance of the cross-country ski trails. E. Contact person, title, email and phone number: JB Bolger Golf & Downtown Area Maintenance Manager James.Bolger@Waterloo-IA.ORG (319) 291-4370 II. Project Description A. Primary project type: Trail -specific maintenance equipment B. Need being addressed and expected benefits: The purchase of a cross-country ski trail snow rolling device would be used after larger snowfalls to evenly compact snow to create a base that the groomed trail will be made from. Using a snow roller helps preserve snow through short-term warm ups and extends the cross country skiing season. This unit will enhance the performance of the Tidd Tech snow grooming device that the Cedar Trails Partnership funded in 2012. C. Specific project plan, including short-term, measurable objectives and long-term goal. For trail enhancement or construction projects, a site plan and/or cross section is required. Snow roller would be used immediately after delivery. D. Timetable for project. We plan to procure snow rolling unit in time for use in Winter 2014/15. IV. Financial Information A. Budget: B. Three bids will be required for purchases of all supplies and materials over $500 in cost. The specialized nature of this equipment may make it difficult to obtain three bids for this purchase. C. Whenever possible and fiscally prudent, supplies, materials and services shall be purchased from suppliers and/or venders with offices in Black Hawk County. No local manufacturer of this type of roller is available. Purchase of snowmobile in 2010 was from a local Waterloo Dealer. D. Specify amount requested from the Cedar Trails Partnership and desired timing of grant payment. Grant request is not to exceed $2,000.00 and payment between the time of grant award and June 2014 should work well. Order and delivery of the unit would need to be in the spring of 2014. E. Specify amount requested from all other funding sources. In-kind items mentioned in the budget are the only other funding sources. F. Include the following: Make check payable to: City of Waterloo CTP Grant Other Fund Source Total Cost Materials NTE $2,000.00 Snowmobile -Paid for by City of Waterloo NTE $2,000.00 Supplies Fuel -Paid for by City of Waterloo Other (specify) Labor Time- Paid for by City of Waterloo B. Three bids will be required for purchases of all supplies and materials over $500 in cost. The specialized nature of this equipment may make it difficult to obtain three bids for this purchase. C. Whenever possible and fiscally prudent, supplies, materials and services shall be purchased from suppliers and/or venders with offices in Black Hawk County. No local manufacturer of this type of roller is available. Purchase of snowmobile in 2010 was from a local Waterloo Dealer. D. Specify amount requested from the Cedar Trails Partnership and desired timing of grant payment. Grant request is not to exceed $2,000.00 and payment between the time of grant award and June 2014 should work well. Order and delivery of the unit would need to be in the spring of 2014. E. Specify amount requested from all other funding sources. In-kind items mentioned in the budget are the only other funding sources. F. Include the following: Make check payable to: City of Waterloo Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 (319) 291-4323. RESOLUTION NO. 2014-099 RESOLUTION APPROVING SUBMISSION OF CEDAR TRAILS PARTERSHIP GRANT APPLICATION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the submission of application dated February 10, 2014, for a grant in the amount of $2,000.00, to be used for the purchase of a cross-country ski trail snow roller, be and the same is hereby approved. PASSED AND ADOPTED this 10th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schakes,, CMC City Cler Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward l CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: February 10, 2014 Prepared: January 30, 2014 Dept. Head Signature: / # of Attachments: 1 / SUBJECT: Denver Construction Recycle Contract Renewal Submitted by: Larry N. Smith, WMS Superintendent Recommended City Council Action: Requesting permission to extend the City Drop Site Recycle Contract with Denver Construction for three (3) years beginning 4/10/2014 through 4/9/2017 with a rate of $58.68 per ton Summary Statement: Previous contract was $55.89 per ton. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CONSTRUCTION, INC. REQUEST FOR AN EXTENSION TO THE CURRENT CONTRACT FOR THE CITY OF WATERLOO DROP SITE RECYCLING PROGRAM We would like to be granted a three-year extension period with a rate of $58.68 per ton, to the current contract that we hold for the City Drop Site Recycling Program. Submitted by: '1)Uqc4.4,, nim,v Missy Heineman Date: January 21, 2014 241 South State Street • P. 0. Box 257 • Denver, Iowa 50622 • (319) 984-5786 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-100 RESOLUTION APPROVING ADDENDUM TO CONTRACT EXTENDING AGREEMENT FOR THREE (3) YEARS WITH DENVER CONSTRUCTION INC. OF DENVER, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Addendum to Contract dated February 10, 2014, extending the agreement for three (3) years from April 10, 2014 through April 9, 2017, for the Drop Site Recycling Collection and Disposal Program, at a cost of $58.68 per ton, by and between Denver Construction Inc. of Denver, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 10th dayf February, 2014. Ernest G. Clar ATTEST: Suzy Schares, CMC City Cler , Mayor CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: February 4, 201 Dept. Head Signature:1 f 4 ,. # of Attachments: 1 `�— SUBJECT: Traffic Safety Grant Agreement for the Intersection of LaPorte Road and San Marnan Drive Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve grant agreement number 2015 -TS -005 for $56,800 with the Iowa Department of Transportation for safety improvements at LaPorte Rd. and San Marnan Dr. Intersection. Summary Statement The proposed improvements will consist of improving traffic signal installations and replacing some signs. The grant will pay for 100% of construction costs. Expenditure Required Total of $61,800 which includes Construction $56,800 paid by the grant and Engineering (consultant) $5,000 not part of the grant. Source of Funds $56,800 100% Iowa DOT Grant $5,000 G.O. Bond Policy Issue Alternative Background Information: The intersection experiences a high number of crashes including injury crashes. Waterloo Police Department has responded to more than 80 accident calls during 3.5 years. 39 police reports were initiated. City's Traffic Engineering study revealed a problem with rear -end collisions which can be improved by modifying signal and sign installation. January 2012 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (Site -Specific Improvement) County Black Hawk County Recipient City of Waterloo Project No. CS -TSF -8155(736)--85-07 Iowa DOT Agreement No. 2015 -TS -005 This agreement is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and City of Waterloo, Iowa, hereinafter designated the "Recipient". The Recipient submitted an application to the DOT for funding through the Traffic Safety Improvement Program under Iowa Code Section 312.2(11), and the application was approved by Transportation Commission Order No. H-2014-36 on, December 10, 2013. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT agrees to provide funding to the Recipient to aid in the development of a certain traffic safety improvement project. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. Project Information a. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOT's contact person shall be the District 2 Local Systems Engineer in Mason City, Iowa. The Recipient's contact person shall be City of Waterloo Traffic Engineer. c. The Recipient shall be responsible for the development and completion of the following described Traffic Safety improvement project located in Waterloo: Add near side signal heads to traffic signals at the intersection of San Marnan Drive and LaPorte Road. See Exhibit A-1 for the location of the project and Exhibit A-2 for the estimated project cost. 2. Project Costs a. Eligible project costs for the project described in Section 1 of this agreement which are incurred after the effective date of Commission Approval shall be paid from Traffic Safety Funds and other funds as listed below, subject to the execution of a signed agreement: Traffic Safety Funds: $56,800 b. The portion of the total project costs paid by Traffic Safety Funds shall not exceed the amount stated above or the actual cost of the Traffic Safety Improvement Program eligible items, whichever is the smaller amount. The project shall be let to contract within 2 years of the date this agreement is approved by the Department. If not, the Recipient may be in default, for which the Department may revoke funding commitments. This agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at least 30 days prior to the 2 year deadline. 2015 -TS -005 Waterloo.doc 1 January 2012 ii. Combination signal/lighting pole shall be used to minimize the number of fixed objects. ed for the traffic Interconnection and coordinated traffic signal timing plans shall be develop iii. Ininstallations viewed and approved bhe DOT Office of are two or more other signal installatioe srwithin 'h mile of the subject access to ignals if there shall b provide for progressive traffic flow. Said plans Traffic & Safety. iv. Pedestrian activated signals shall be provided for all pedestrian movements and timed in accordance with the MUTCD. v. The concrete pad for the controller shall extend no more than 4 inches above the ground les all e. vi. Where the distance from the stop bar to the signal indication is in excess of 180 feet, then also be a near side signal head. vii. Dilemma zone protection shall be provided if the 85th percentile speed is at/over 35 mph. 5. Bid Letting engineer's cost estimate for a. If the prothen ject prepared and certified by a ro fict must be let for traffic prcontroloject ldevices shall be pans, specifications ap nd the ro professionalspecific improvementsenginepractice in the State of Iowa. The Recipient shall submit in divisions s ons specifications ioengineer other licensed to tans, specifications and andis thehonsr and re n e as deteminedtby the Recipient. However, the P submittalmay and in order of preference prior to the project letting of each division. The DOT other contract documents for each division must st be submitted at least ten weeks (traffic controlafter shall or fourteen sid weeks (site specifrecogncizing project) le dulea h the project. shall review said submittal(s) recognizinthe Recipient to ptloceedpment with implementation and shall,lon file. Any satisfactory review, authorize in writing plans, and specifications The work on this project shall be in accordance with the survey, P by the DOT prior to the substantial modification of these plans and specifications must be approved modification being put into effect. b. If the Recipient lets the project, as described herein, I behssued,te l als ent provided for byshall include llowan lCoder Notice section to Bidders that Sales Tax Exemption Certificates aining the sales tax exemption certificates 423. 3, subsection 80.tThe Department Revenuee 'ble andfor Finance The Recipient shall issue these certificates through the Iowa Depa certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. c. If the Recipient lets the project, then the Recipient shall use apo positive ed orfs to the bids from tors to utilize Targeted Small Business (TSB) enterprises assuppliers that hin the make positive efforts to utilize these enterprises as subcontractors, sups i participants work covered by this agreement. Efforts shall be incorporated deand ed in nmccordance with Exhibit B which is attached hereto and by this reference into this h t d. t. For portions of the project let to bid, the Recipient shld awarddvertise contrara bidders, for the ke a good f aitDOTort to get at least three (3) bidders, hold a public letting all concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after letting. 6. Construction and Maintenance a. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. 2015-TS-005_Waterloo.doc 3 J. January 2012 than five (5) days after cure or before the end of said thirt (10) working days of receipt of Recipient's notice of cure, the DOT acceptance of cure or notice of continued default. Y (30) day period to cure default. Within ten shall issue either a notice of e. In the event a default is not cured the DOT of Trefev Safety default not may revoke funding commitments and/or seek repayment tax funds. by this agreement through charges againstule the Recipient's road use 8. General Provisions a. This agreement shall be considered to be in default if the DOT application for funding contained inaccuracies, omissions, errors or misrepresentations. determines that the Recipient's b. The Recipient agrees to indemnify, defend and hold the DOT harmless from P ytac ion. arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of this project. This - agreement to indemnify, any action or liability aspects of the DOT's application defend and hold harmless applies to all funding review and approval process, plan and construction reviews, and Participation. c. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against on the basis of race, color, creed, age, sex, sexual orientation, gender identity, religion, pregnancy, or disability. any person y, national origin, d The Recipient shall comply with the requirements of Title II of the Americans 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504 an regulations that implement these laws. with Disabilities Act of ), d the associated Federal e. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. f. This agreement is not assignable without the prior written consent of the DOT. g. It is the intent of both parties that no third party beneficiaries be created by this agreement. h. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. This agreement, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. 9 2015 -TS -005 Waterloo.doc 5 EXHIBIT A-1 [Project Location] LOCAT+ON MAP 2015 -TS -005 Waterloo.doc 7 EXHIBIT B (Site -Specific Improvements) Project activities or costs eligible for Traffic Safety Improvement funds include only the followin : a. Road modernization, upgrading or reconstruction. 9 b. Bridge and culvert modernization, replacement or removal. c. Road intersection and interchange improvement including channelization, traffic control devices or lighting. d. Right of way required for a traffic safety project. e. Drainage and erosion measures which are an integral part of the project. f. Traffic control devices required by the project. 9. Guardrail. h. Tree removal. Other construction activities directly related to or required by the safety project. 2015-TS-005_Wate rloo. doc 9 EXHIBIT D UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals (515-281-7102) or from its website at: http://dia.iowa.gov/page7.html. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http://www. dot.state. ia. us/local_systems/publications/tsb_contract_provision. pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. 2015-TS-005_Waterloo.doc 11 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑ YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES ❑ NO If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑ YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑ YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑ YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Date 2015 -TS -005 Waterloo.doc 13 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-101 RESOLUTION APPROVING AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTATION AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated February 10, 2014, for Traffic Safety Improvement Program Funding, Project No. CS -TSF -8155(736)-85-07, Agreement No. 2015 -TS -005, in the amount of $56,800.00, to be used for safety improvements at the intersection of LaPorte Road and San Marnan Drive, by and between the Iowa Department of Transportation and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 10th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy S. ares, CMC City Cl rk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: January 31, 2014 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving the Program Evaluation and Payment to Greater Cedar Valley Alliance, in the amount of $24,250, for economic development efforts completed in fiscal year 2014. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval of $24,250 Program Evaluation and payment as a part of the FY 2014 Economic Development Grant Agreement. Summary Statement: As a part of the FY 2014 Economic Development Grant agreement, the agreement to support "Fulfilling the Vision campaign for economic vitality of the Greater Cedar Valley Alliance, the City entered into agreement for Greater Cedar Valley Alliance to supply economic development activities for development in the community. As a part of Section 4 (Funding), a) "An amount not to exceed $28,500 to be paid in two separate payments of $14,250 each on December 31, 2011, and on or before June 30, 2012; and..." b4)"...the City, at its sole discretion, can evaluate the quarterly performance of GCVA and may provide Quarterly Performance Payments up to $5,000 to GCVA, with a total maximum not to exceed to $20,000." The request at hand is for this payment of $24,450 would be the first half of $14,250 as noted under a) above, and two quarterly payments of $5,000 each as noted in b4) above. As you can see from the listed information attached to the Council Communication, they have shown the criteria necessary for payment, in terms of "GCVA will provide in writing to the City on a quarterly basis, the number of initial calls contacts, leads, prospects, and material responses to requests for CITY WEBSITE: www.ci.waterloo.ia.us K:\USERS\NOEL-A\noel stuff\COUNCIL\EcD iaItwEW eft dvtoU! An Equal Opportunity/Affirmative Action Employer information applicable to each quarter. Based on the documentation submitted by GCVA, the City, at its sole discretion, can evaluate the quarterly performance of GCVA and may provide Quarterly Performance Payments up to $5,000 to GCVA, with a total maximum not to exceed to $20,000." Expenditure Required: $24,250 incentive pledge for Fiscal year 2014 Source of Funds: TIF cash Policy Issue: Economic Development Alternative: NA Background Information: The City of Waterloo has had a partnership for economic development efforts with Greater Cedar Valley Alliance in one form or another since about 1996. This partnership has worked to create many projects throughout the Waterloo community, and has helped in the marketing of area and reinvestment by existing businesses as well. It has also given the City the ability to connect better with many of its private industry leaders as the City moves ahead. K:\USERS\NOEL-A\noel stuft\COUNCIL\EcDev\GCVA Incentive Payment 20I4.doc A 1 �. ! ., NCI N4 PTP:, (Yt FCNM(TN(PN“ CNFAITI4 Nnl +sP 10 West 4th Street Suite 310 Waterloo, IA 50701 Phone 319-232-1156 Fax 319-233-4580 Bill To: Mayor Buck Clark City of Waterloo 715 Mulberry St. Waterloo, IA 50703 DATE: December 31, 2013 INVOICE # 123113 FOR: Economic Development DESCRIPTION AMOUNT Economic Development July -December 2013 Investment 14,250.00 June -December 2013 Incentive 10,000.00 TOTAL $ Make all checks payable to Greater Cedar Valley Alliance 24,250.0 Greater Cedar Valley Alliance & Chamber Request for Incentive Funds From the City of Waterloo June 2013 - December 2013 ].�.-..- .u^,c �., .t( .t .: a ::,:... C. ':'t :e:t4•y..x • i . , , .0 t. .. ,. .. ,. .. 'Y•. u..:.: v„vim^kF `b;n.- . , .. ._ .. < r ... . L f. t. . ., .. ,.,...• vx-... ...,£.>:_ ... .... s....`R,s,..a-... },-..i,..,,,<'n. .q..,:r<e ,., � , r<-., ,. ,s. ..r .., ...a ,_r ��S'4�`r , ... .,..........-..... ....r.., ,dn..a<n„e;r.. ,,.sz.,f..,. .e�. < .. r. Y;4, ,>r"l•:::;r�,�4='s`+ 'Y !,-. Y ,. vr4R i'r l.s' fi .. tel,. .v5i33:1f F''ie i<`.4Mb{ r•;.. 1,129 Business targeted business identified for calling w/multiple calls to identify future plans for expansion or relocation; GCVA will provide in writing to the City on a quarterly basis: • The number of initial calls, contacts, leads, prospects, and material responses to requests for information. Based on the documentation submitted by GCVA, the City, at its sole discretion, can evaluate the quarterly performance of GCVA and may provide: • Quarterly Performance Payments up to $5,000 to GCVA • With a total maximum not to exceed to $20,000 5 Project opportunities were identified from this outreach to the above; 12 Project opportunities identified for the Cedar Valley Region from July 1, 2013 through December 22, 2013 - Representing 564 jobs and $125 million capital investment. 7 opportunities represent new leads for Waterloo and 3 expansion plans by existing Waterloo businesses. 3 Long -Term Project Leads identified through Trade Show Exhibition; 8 Site Selection Consultants/Broker calls were made in Chicago and Minneapolis markets; 2 Waterloo Corporate Headquarter was visited as part of GCVAC's business retention/expansion program. Both expressed plans to expand in Waterloo in the future; 1 Hyrdite Chemical was assisted with filing revised contract with IEDA for an additional $6.5 million capital investment at their Waterloo plant; 3 Existing Waterloo Businesses were visited and interviewed as part of GCVAC's business retention and expansion program; 4 Visits to Waterloo by 2 companies. 1 represents an international company who visited Waterloo 3 times since June; 1 represents a consultant with keen interest to construct a large industrial spec building at Hwy 20 business park; Secured funding, purchased and installed a $1.5 million 3-D printer a historic TechWorks Ti advanced manufacturing center; 1 Assisted existing "stage 2" manufacturer through our Advance Cedar Valley (Economic Gardening) program by identifying new market opportunities to grow and diversify their Waterloo business. Reference Attached Program Summary Report through December 2013 Requesting $5,000 each quarter 0) 2 quarters = $10,000 TOTAL INCENTIVE REQUESTED $10,000 MIDYEAR BASE REQUESTED $14,250 TOTAL AMOUNT ...a * $24,250 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-102 RESOLUTION APPROVING PROGRAM EVALUATION AND PAYMENT TO THE GREATER CEDAR VALLEY ALLIANCE, IN THE AMOUNT OF $24,250.00. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Program Evaluation and Payment to the Greater Cedar Valley Alliance, in the amount of $24,250.00, for economic development efforts completed in fiscal year 2014, be and the same is hereby approved. PASSED AND ADOPTED this 10th day of February, 2014. r est G. Clark, Mayor ATTEST: Szy Sch res, CMC City Cle k Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: February 10, 2014 Prepared: February 4, 2014 Dept. Head Signature: ,---0 # of Attachments: ('1. SUBJECT: Request to enter into a real estate purchase agreement with Thompson Resident Holdings III, LLC for the acquisition and purchase of 1005 Lafayette Street Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval HAROLD GETTY Summary Statement: Transmitted herewith is a request to enter into a purchase Ward 3 agreement with Thompson Resident Holdings III, LLC for the acquisition of 1005 Lafayette Street (8913-25-134-013), which is located on the north side of Lafayette QUENTIN Street between East 8th and 9th Streets. The purchase price of the property will be HART Ward 4 $20,000.00. Possession of the property shall be delivered to Buyer at closing, and the closing shall be within 60 days after approval of this agreement by the City RON Council. Updating of the abstract for the property shall be at the seller's expense, WELPER and shall be continued within a date of 30 days of the closing. The updated Ward 5 abstract shall be delivered to the buyer's attorney for examination before closing to BOB perform a title opinion. GREENWOOD At -Large Expenditure Required: $20,000.00. STEVE SCHMITT Source of Funds: NSP Neighborhood Stabilization Funds At -Large Policy Issue: Property Management Alternative: N/A Background Information: The City has been actively targeting the Cedar River Neighborhood for new housing development in close proximity to downtown. Legal Description: See attached deed Cc: Aric Schroeder, City Planner Rudy Jones, Community Development Director --file-- CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer REAL ESTATE PURCHASE AGREEMENT TO: Thompson Residential Holdings III, LLC ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as 1005 Lafayette Street, legally described as per the abstract of title, consisting of assessor parcel no(s). 8913-25-134-015; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $20,000.00, of which $100.00 is on deposit with the law firm of Clark, Butler, Walsh & Hamann, to be held in trust. The entire Purchase Price shall be due and payable in full at closing. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money held in trust shall be returned to Buyer. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within sixty (60) days after approval of this Agreement by the Waterloo City Council, subject to satisfaction of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 45 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller, at its expense, shall obtain from an abstract of title to the Property continued through a date that is within thirty (30) days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing 2 reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. N/A. 17. APPROVAL OF COURT. N/A. 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. 3 B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: Thompson Residential Holdings III, LLC 1956 Winston Place Waterloo, IA 50701 Attn: Kenneth R. Thompson Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS AND CONTINGENCIES. A. The parties acknowledge that Buyer is acquiring the Property for community development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the community development objectives contemplated by Buyer. B. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. C. Closing is contingent upon completion of environmental review and Buyer's receipt of clearance from state/federal agencies as to same. This contingency is material to Buyer's funding for the Property purchase. 4 D. Closing is contingent on Seller terminating all tenancies and removing all occupants and possessions from the Property before Closing. Seller shall indemnify Buyer and hold it harmless with respect to any and all claims of Seller or any third party for loss, damage or destruction of any personal property or fixtures left on the Property after Closing. This provision shall survive the Closing. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before , 2014, this Agreement shall be null and void. Dated BUYER City of Waterloo, Iowa By: Mayor Attest: City Clerk 5 Accepted by Seller SELLER Thompson Residential Holdings III, LLC Kenneth R. Tho son, Manager EIN: F�T ��% G ` �(n � Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: 8913-25-134-015 Deed Holder: HOMPSON RESIDENT HOLDINGS III L Parcel Address: 1005 LAFAYETTE ST, WATERLOO, IA 50703 - ^- y f g��I —.. 3 41 4� _ �': A j4 6 a.; t AA 44.' CO'- ` V� �e• Y f z ,, 4i�e` - :Y to- ` ':' fr ' ' . -f , , l.$ r . a °. Legend Selected parceklim Features oadname hospital Aerial Photos .airport81ack Hawk C Pardeptks_ parks twPml7 Townships / Sections ' Water I,l Parcels Rights -of -Way EiTownship L.J City Lines railroad dim raaddimk watername_ .� k _ F `ir� -�#Y? �: .e• '� t z ,� •.. „ - ra 3 * i � r,� .' a ate' .! ^j _\ fi x 1-- 9 '• i% ' _ rte*, s ` ;4 i �, `• opal _ k - ` .P Y :' - r :✓ 1 �.i '� Fig F {yah: moi` gCQ Map crestedwrth krciMS-Cnpyrithi ICI 19912.2 1CSRilnc. 50ft' x � Black Hawk County, Iowa 316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor • co.black-hawk.ia.us.or• Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, he Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more •etailed le.al information. http://www2.co.black-hawk.ia.us/servlet/com. esri. esrimap.Esrimap?ServiceName=bhov&... 1/27/2014 Black Hawk County Property Photos There is 1 photo of parcel 891325134015. Page 1 of 1 http://www2.co.black-hawk.ia.us/website/bhmap/bhParImages.asp?apn=891325134015&a... 1/29/2014 Black Hawk County Building Sketches There is 1 building sketch of parcel 891325134015. Page 1 of 1 13 FR OP [30] 5 6 6 10 14 1S FR 24 [204] 12 10 20 26 1s B A FR (MAIN) [875] 26 12 12 16 15 FR OP [228] 21 http://www2.co.black-hawk.ia.us/website/bhmap/bhParImages.asp?apn=891325134015&a... 1/29/2014 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-25-134-015 THOMPSON RESIDENT HOLDINGS III L THOMPSON 1956 WINSTON WATERLOO, RESIDENT HOLDINGS III L PL IA 50701-0000 PDF No. Map Area Contract Buyer 7 EWTLO-01 0 0 Property Address 0 Current Recorded Transfer 1005 LAFAYETTE ST WATERLOO, IA 50703-2449 Date Drawn Date Filed Recorded Document Type 12/10/2007 12/14/2007 2008 012376 D SALES BUILDING PERMIT Date Amount NUTC / Type None 9/14/1992 6,500 SALE INVOLVING CONSIDERATION FOR PERSONAL PROPERTY - PRIOR 09 / Deed ASSESSED VALUES/CREDITS Year Class 2013 R 100% Value Land Dwelling Building M/E Total Acres 3,490 20,580 0 0 24,070 0 Taxable Value Land Dwelling Building M/E Total 1,899 11,196 0 0 13,095 Year Class 2012 R 100% Value Land Dwelling Building M/E Total Acres 3,490 20,580 0 0 24,070 0 Taxable Value Land Dwelling Building M/E Total 1,843 10,870 0 0 12,713 Year Class 2011 R 100% Value Land Dwelling Building M/E Total Acres 3,490 20580 0 0 24,070 0 Taxable Value Land Dwelling Building M/E Total 1,771 10,445 0 0 12,216 RMATION ASSESSMENT YEAR 2012 PAYABLE 20 /2014 Tax District 941131 - WATERLOO RATH AREA TIF AMD1 Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 24,070 12,713 0 40.61203 $516.30 $516.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Family Farm Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=8913 25134015 1/29/2014 Black Hawk County Detailed Parcel Report LEGAL Page 2 of 2 ORIGINAL PLAT WATERLOO EAST NW 49 FT SE 98 FT LOTS 7 & 10 BLK 24 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 49 49 120 120 0 5880 0.135 Totals: Total Rooms Below Bedrooms Above Bedrooms Below 7 0 _ 5880 0.135 DWELLING CHARACTERISTICS Type Style Total Living Area Two -Family Conversion 1 Story Frame 1472.75 Year Built Area Heat AC Attic 1896 875 No No 3/4 Finished Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 7 0 2 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring C Blk Carp / Vinyl Exterior Walls Interior Finish Vinyl Plas Roof Asph / Gable Non -Base Heating Floor/Wall Pipeless Handfired Space Heaters 0 Addtions Year Built Style Area Basement (SF) No Basement (SF) Heat ,AC Attic 1896 1 Story Frame 204 0 0 Yes No 0 Plumbing2 Full Bath 1 Sink Style Area Porch 1S Frame Open 228 1S Frame Open 30 GARAGES Year Built Style Width Length Area Basement Qtrs Over Area AC 1941 Det Frame 12 18 216 0 None 0 0 BASEMENT STALLS None Entry Status: Inspected http://www2. co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325134015 1/29/2014 Page 1 of 2 BEECHER LAW FIRM z Document Number. 2008012376 Date: Dec 14, 2007 4:30:00 pm Aud Fee: 30.00 Rec Fee: 10.00 Trans Tax: 0.00 Rec Management Fee: 1.00 E -Com Fee: 1.00 Non -Standard Page Fee: 0.00 Filed for record in Black Hawk County, Iowa Judith A. McCarthy, County Recorder Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Eric W. Johnson, PO Box 178, Waterloo, IA 50704 Address Tax Statement to: Thompson Residential Holdings III, LLC, 1956 Winton Place, Waterloo, IA 50701 WARRANTY DEED — COMPANY GRANTOR For the consideration of One ($1.00) Dollar(s) and other valuable consideration, Thompson Residential Holdings, LLC, a company organized and existing under the laws of Iowa does hereby convey to Thompson Residential Holdings III, LLC, the following described real estate in Black Hawk County, Iowa: The Northwest Forty-nine (49) feet of the Southeast Ninety-eight (98) feet of Lots Nos. Seven ( 7) & (10), Block Twenty-four (24), Original Plat Waterloo East, City of Waterloo, Black Hawk County, Iowa (1005 Lafayette Street), and Lot 5, Block 10, Litchfield Addition, City of Waterloo, Black Hawk County, Iowa (1122 Columbia), and Lot 20, Block 11, Litchfield Addition, City of Waterloo, Black Hawk County, Iowa (1111 Columbia), and The West Ten (10) feet of Lot Six (6) and East Twenty-five (25) feet of Lot Seven (7), Block Sixty-nine (69), Cooley Addition, City of Waterloo, Black Hawk County, Iowa (416 Almond Street), and Lot 8, Block 1, Peeks Second Addition, City of Waterloo, Black Hawk County, Iowa (419 Peek), and Lot 9, Block 7, Gates Park Place, City of Waterloo, Black Hawk County, Iowa (117 Sherman Avenue) Subject to covenants, restrictions, ordinances, easements, and limited access provisions of record. The Company hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Fie Number: 2008-00012376 Seq: 1 Page 2 of 2 THIS DEED IS EFFECTIVE JANUARY 1, 2008. Dated: / ' / v ° THOMPSON RESIDENTIAL HOLDINGS, LLC State of Iowa County of Black Hawk ) ss en� rz�„ By: Kenneth R. Thompson Its: Manager/Member This instrument was acknowledged before me on this/ of December, 2007, by Kenneth R. Thompson, as Manager/Member, of Thompson Residential Holdings, LLC.. AMY E. KENT COMMISSION NO. 748852 MY COMMISSION EXPIRES SEPTEMBER 12, 2010 File Number: 2008-00012376 Seq: 2 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-103 RESOLUTION APPROVING REAL ESTATE PURCHASE AGREEMENT WITH THOMPSON RESIDENT HOLDINGS III, LLC OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Real Estate Purchase Agreement dated February 10, 2014, for the acquisition and purchase of 1005 Lafayette Street in the amount of $20,000.00, and legally described as follows: The Northwest Forty-nine (49) feet of the Southeast Ninety-eight (98) feet of Lots Nos. Seven (7) & (10), Block Twenty-four (24), Original Plat Waterloo East, City of Waterloo, Black Hawk County, Iowa (1005 Lafayette Street). Subject to covenants, restrictions, ordinances, easements, and limited access provisions of record; by and between Thompson Resident Holdings III, LLL of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 10th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sc h res, CMC City Cle k Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: February 10, 2014 Prepared: February 5, 2014 Dept. Head Signature: # of Attachments: /6 SUBJECT: Set date of public hearing as February 24, 2014 for a request by Harris Cleaning for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80'x 125' (10,000 SF) industrial building, located at the southwest corner of Northeast Drive and Newell Street. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to set date of public hearing as February 24, 2014 for a request by Harris Cleaning for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 10,000 SF industrial building located at the southwest corner of Northeast Drive and Newell Street. The request to construct the new industrial building would not appear to have a negative impact on the surrounding area, as the proposed structure would appear to fit the character of the industrial area it will be located in. The proposed site plan amendment request would not appear to have a negative impact upon traffic and pedestrian conditions in the area. There will be one ingress/egress point to the property coming from Northeast Drive. There are no sidewalks in the area. The site is served by Northeast Drive from the north and south, which is classified as a Local Street. Newell Street serves the site from the east and west, and is classified as a Minor Arterial. All necessary utilities are within the industrial park to serve the proposed development. The Zoning Ordinance requires that prior to the issuance of any building permit for any building or structure in the zoning district in question, a site plan amendment must be approved by the Planning, Programming and Zoning Commission and City Council if deemed a major amendment. The general plan for the development should show the location of all buildings, internal streets, parking lots, railroad tracks, proposed sanitary and storm sewer lines, and water and power facilities. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer As noted, the applicant is proposing to construct a new, 80'x 125' (10,000 SF) light industrial building. The plat for this particular area has 50' building setback lines, therefore, the proposed structure would need to be at least 50' from the property lines fronting Northeast Drive and Newell Street. However, all required setbacks shall be determined through plan review. The proposed building will be 18' in height. The east elevation of the building facing towards Northeast Drive will have 4' of split face masonry along the bottom of the wall. Above that will be emerald green "Shadow Rib" siding, with white trim and white doors. On all other elevations of the building it will just be ribbed steel siding. At this time, no landscaping plan has been submitted. It will be necessary that a landscaping plan is submitted at the time of staff site plan review as a part of the building permit process. At their January 7, 2014 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the request for site plan amendment. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development, Land Use Alternative: Background Information: The Northeast Industrial Park was created in the mid-1990s to foster new economic growth, located in close proximity to heavy sewer lines and rail transportation. Legal Description: Northeast Industrial Park Plat No. 1, Lot 2, except the South 227 feet thereof. ta: NA Cc: Aric Schroeder, City Planner --file-- REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: January 7, 2014 Request for a Site Plan Amendment to the "M -2,P" Planned Industrial District to allow for the construction of 10,000 SF industrial building, located at the southwest corner of Northeast Drive and Newell Street. Harris Cleaning, 736 Ansborough Ave, Waterloo, IA 50701. The applicant is requesting approval of the site plan amendment for the purpose of constructing an 80'x 125' (10,000 SF) industrial building. The request to construct the new industrial building would not appear to have a negative impact on the surrounding area, as the proposed structure would appear to fit the character of the industrial area it will be located in. The proposed site plan amendment request would not appear to have a negative impact upon traffic and pedestrian conditions in the area. There will be one ingress/egress point to the property coming off of Northeast Drive. There are no sidewalks in the area. The site is served by Northeast Drive from the north and south, which is classified as a Local Street. Newell Street serves the site from the east and west, and is classified as a Minor Arterial. The Martin Luther King, Jr. Drive recreational trail is located approximately 1/4 of a mile to the south along the north side of that road. The area in question is zoned "M -2,P" Planned Industrial District, and was rezoned from "A-1" Agricultural District in October of 1995. North — Vacant development ground, zoned "A-1" Agricultural District. South —Industrial development, zoned "M -2,P" Planned Industrial District. East— Industrial development, zoned "M -2,P" Planned Industrial District. West— Industrial development, zoned "M -2,P" Planned Industrial District. BUFFERS There appears to be no need for additional screening and REQUIRED/ NEEDED: buffering for this request. When the building is constructed, it will be necessary to submit and execute an approved landscaping plan. DRAINAGE: It would appear that the proposed site plan amendment would not have a negative impact on drainage in the area. The applicant would need to submit a storm water calculation and detention plan and provide a water detention area upon the site to mitigate any drainage concerns. A detention pond is SPA NE Dr and Newell St — 10000 SF bldg Page 1 of 3 1 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: March 6, 2012 shown on the north side of the property fronting Newell Street. The surrounding area is comprised of light industrial development. Development in this area began occurring in the middle 1990s, with the most recent development occurring in 2012. The area in question is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Community Number 190025 and Panel Number 0193F, dated July 18, 2011. There are no parks or nearby schools within the immediate vicinity of the request. There is an 8" sanitary sewer located to the south of 2365 Northeast Drive within a utility/drainage easement. Also, there are several storm sewer inlets located within Northeast Drive in front of the property that outlet into that drainage easement located to the south of 2365 Northeast Drive. The proposed site plan amendment is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates it as Industrial. The Zoning Ordinance requires that prior to the issuance of any building permit for any building or structure in the zoning district in question, a site plan amendment must be approved by the Planning, Programming and Zoning Commission and City Council if deemed a major amendment. The general plan for the development should show the location of all buildings, internal streets, parking lots, railroad tracks, proposed sanitary and storm sewer lines, and water and power facilities. As noted, the applicant is proposing to construct a new, 80'x 125' (10,000 SF) light industrial building, located at the southwest corner of Northeast Drive and Newell Street. The plat for this particular area has 50' building setback lines, therefore, the proposed structure would need to be at least 50' from the property lines fronting Northeast Drive and Newell Street. However, all required setbacks shall be determined through plan review. The proposed building will be 18' in height. The east elevation of the building facing towards Northeast Drive will have 4' of split face masonry along the bottom of the wall. Above that will be emerald green "Shadow Rib" siding, with white trim and white doors. On all other elevations of the building it will just be ribbed steel siding. At this time, no landscaping plan has been submitted. It will be necessary that a landscaping plan is submitted at the time of staff site plan review as a part of the building permit process. On the submitted site plan, the applicant is showing several areas to the west, south and north of the building that they are SPA NE Dr and Newell St — 10000 SF bldg Page 2 of 3 2 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 6, 2012 intending to surface with recycled asphalt. This is not an approved hard surfacing per the Zoning Ordinance, and if they intend to try and proceed with this type of surfacing, it will be necessary that they apply for a variance through the Board of Adjustment. Staff has concerns with this area being surfaced with recycled asphalt, as it would not fit the character of the area, as all nearby industrial properties have appropriate hard surfacing for their vehicular use areas. There is no platting required for this request. Therefore, staff recommends that the request for site plan amendment to the "M -2,P" Planned Industrial District for the construction of a 10,000 SF industrial building be approved for the following reasons: 1. The request is located within the Primary Growth Area according to the City of Waterloo Comprehensive Plan. 2. The proposed building would not appear to have a negative impact upon the surrounding area, and would appear to fit the character of existing industrial development in the area 3. The proposed development would not appear to have a negative impact upon traffic conditions in the area. 4. The proposed building can be serviced by the extension of existing utilities in the area. And subject to the following condition(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. SPA NE Dr and Newell St — 10000 SF bldg Page 3 of 3 3 City of Waterloo Planning, Programming and Zoning Commission January 7, 2014 A-1 N of 2365 Northeast Drive M -2,P Site Plan Amendment Harris Cleaning 4 City of Waterloo Planning, Programming and Zoning Commission January 7, 2014 Property Proposing Site Plan Amendment N of 2365 Northeast Dr M -2,P Site Plan Amendment Harris Cleaning 5 ArcIbS =age 1 Of Black Hawk County Real Estate and Tax Administration Locate Parcels by: 1. Parcel ID Address 3. Sales 4. Subdivision 5. Transfer Document ospital easure Totals cleared. Piaci.!' g°112- 2O - 201- o l l Layers: Schools Subdivisions Lots Refresh Map �y f'1 �^y �Mya�prTools hLLp://www2..ca.black-hewk.ia.cs/website/hhmap/viewer.hlm :2/17 2C13 6 i, E, IZ`t.n aws 2. 3)4..41 144.1/4t 3. 01-c'1t.11,R�c 1,0 6,idts,L cul& • t-�--__b-ems 6,� � • AaA6t 114fru.Q,aA. 2'2T-0100 as A 5t4/14 Pa 3Ot( *tdOa1! / 1700/ Ib' IVB.. 44'1. Po' as' 3.,21;,46- So' t St v. EkST 14: E /0,EiR.p,LD i•-+ s R SI 0,t e A 'r 15... VA777.3 8 APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building )O Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): ` Sl.Q-VC C—\441 -all Address: '13Cv A&CS D' kt-4 Phone: 23S `t,(,4 7 Fax: 2,3(;) r-1144 City: State: ± .c1rx- Zip: S o '1 D I b. Status of applicant: (a) Owner (b) Other ?o (CHECK ONE): If other explain: c. APrdodpreerstsy owner's.kname if die nt than above (please print): OF1 Yo F- Wea litUe.D A 1 �100 Phone: Fax: City: 1klAb z. State:` ���g- Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: 1�1 2, b. Legal description of property or portion to be amended: il/I L B9 17_- 2.13- ZLt — C)/ c. Dimensions of proposed site plan amendment: 2 S X 35'o 'a d. Area of proposed site plan amen meat: '4 .) flicoCu f� 3„r� i� / A pa.a o lCt 14,-,7 4 i)Ric . e. Current zoning: M ous •r.) _ f. Reason(s) for site plan amendment and proposed use(s) of property: `1. 5��' g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. 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 regar to the request. 1r 13A41 Sig tore of A licalit Date Sig ature of ♦� tierv ZG ` Date 72/703 3 9 North of 2365 Northeast Drive — M-2, P Site Plan Amendment Looking at the site in question to be developed. Looking adjacent to the south at an existing industrial building. Looking north across Newell Street at existing farm ground. Looking east across Northeast Drive at an existing industrial building. 10 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-104 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE REQUEST OF HARRIS CLEANING FOR A SITE PLAN AMENDMENT TO THE "M -2,P" PLANNED INDUSTRIAL DISTRICT FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF NORTHEAST DRIVE AND NEWELL STREET, AS FEBRUARY 24, 2014, AT 5:30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5:30 p.m. on the 24th day of February, 2014, for the purpose of considering the request of Harris Cleaning for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at the southwest corner of Northeast Drive and Newell Street, to allow for the construction of a 80' x 125' (10,000 SF) industrial building, and legally described as follows: Northeast Industrial Park Plat No. 1, Lot 2, except the South 227 feet thereof, City of Waterloo, Black Hawk County, State of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 10th ATTEST: uzy Sc ares, CMC City Cl-rk dlepi of February, 2014. / / 44 4 rnest G.'Cl.rk, �:yor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 02/10/14 Prepared: 02/05/14 Dept. Head Signature: # of Attachments: 7 SUBJECT: Resolution endorsing the use of Metropolitan Transportation Alternative Program Funds for development of the Shaulis Road Trail from Hawkeye Road/Iowa Highway 21 to Isle of Capri Boulevard, and authorizing the Mayor to sign and execute necessary documents. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval of the grant application Summary Statement: As you may be aware, the City of Waterloo received a State Recreational Trails Grant in the amount of $755,694 for the extension of the Shaulis Road Trail from Hawkeye Road (Hwy 21) to Isle of Capri Boulevard. The City of Waterloo has also been programed for $352,000 in the Metropolitan Planning Organization (MPO) Transportation Alternative Program (TAP) funds, and it is anticipated that an additional $60,000 of TAP funds will be allocated to the project, which would then fully fund the estimated $1,167,694 total project cost. Expenditure Required: $1,167,694 Source of Funds: $755,694 State Rec Trails Grant, and $412,000 MPO TAP funds Policy Issue: Trail Development Alternative: Not apply Background Information: The City was successful in gaining state grant funds and federal funds allocated through the MPO for the project. It is anticipated that the funding would fully fund the project. The City of Waterloo would have jurisdictional responsibility over the trail once built and will be required to adequately maintain the trail for a minimum of 20 years. The Shaulis Road trails currently runs from Highway 63 to the west to Hawkeye Road (Hwy 21) to the east, and this project would extend the trail to Isle of Capri Boulevard. It is planned that future phases of the project would extend the trail to connect with the Cedar Valley Nature Trail to the east, which then connects to the north into other metro trails, and to the south to Cedar Rapids. cc: Noel Anderson, Community Planning & Development Director Path: K:\USERS\ARIC-S\City of Waterloo\council letters\Rise - Grant - MOU - MPO W9-13-11 Council Communication MOU with INRCOG for Statewide Enhancement App for US 63 corridor enhancements.doc CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-105 RESOLUTION ENDORSING THE USE OF METROPOLITAN TRANSPORTATION ALTERNATIVE PROGRAM FUNDS FOR DEVELOPMENT OF A TRAIL ALONG SHAULIS ROAD IN WATERLOO, IOWA. WHEREAS, the Black Hawk County Metropolitan Area has been developing a network of multi -use, non -motorized trails for several years; and WHEREAS, development of a multi -use trail along Shaulis Road is an important component of this trail network; and WHEREAS, the trail route runs along Shaulis Road from the existing trail terminus at Hawkeye Road to Isle of Capri Boulevard; and WHEREAS, funding assistance is available through the Black Hawk County Metropolitan Area Transportation Policy Board's Metropolitan Transportation Alternatives Program and the City of Waterloo is in need of such assistance in order to fully develop this trail; and WHEREAS, the City of Waterloo certifies that this multi -use trail is within its jurisdiction and will remain dedicated to public use, and further that the City of Waterloo will have jurisdictional responsibility and will adequately maintain the multi -use trail for a minimum of 20 years. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City endorses said project, and that with assistance of Metropolitan Transportation Alternatives Program funds, the further development of the multi -use trail will be completed, dedicated to public use, and adequately maintained as defined above. PASSED AND ADOPTED this 10th day of February, 2014. ATTEST: 0-Ak71.04/1* Carol Nemmers Deputy City Clerk C nest . Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: February 10, 2014 February 6, 2014 None Set Hearing Date for FYE2015 Budget Submitted by: Michelle Weidner, CFO Recommended City Council Action: Set the date of hearing for the FYE2015 budget for Monday, March 3 at 5:30 p.m. at the regularly scheduled Council meeting. Summary Statement: The budget is required to be adopted and certified by March 17, 2014. The budget estimate must be published in the paper 10-20 days prior to the budget hearing. Expenditure Required: Source of Funds: Policy Issue: expenditures s for FYE2015. None None Establishing the tax levy rate and program Alternative: If the budget isn't certified by March 17, 2013, the levy rate currently in effect continues to be used. There would likely be an audit finding regarding noncompliance with the budget deadlines also. Background Information: None CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-106 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE CITY OF WATERLOO FYE2015 BUDGET AS MARCH 3, 2014, AT 5:30 P.M. IN COUNCIL CHAMBERS OF CITY HALL AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa at 5:30 p.m., on the 3rd day of March, 2014, for the purpose of considering and acting on the FYE2015 budget. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 10th day of February, 2014. .,e,...-efl 7 _"..-e-e_..1 Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: February 5, 2014 Dept. Head Signature: Abraham L. Funchess, Jr. # of Attachments: 3 SUBJECT: An Ordinance Amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by adding a New Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations. Submitted by: Abraham Funchess, Human Rights Director Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW ARTICLE B, HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, OF CHAPTER 3, HUMAN RIGHTS, OF TITLE 5, POLICE REGULATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That a new Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations, is hereby enacted as follows: TITLE 5 CHAPTER 3 HUMAN RIGHTS ARTICLE B. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE 5-3B-1: DEFINITIONS AFFILIATED INDIVIDUAL: Means, with respect to an individual: (A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis; or (B) any individual, tenant, or lawful occupant living in the household of that individual. BIFURCATE: Means to divide the lease as a matter of law so that certain tenants can be evicted or removed while the remaining tenant's or family member's lease and occupancy rights are allowed to remain intact. DATING VIOLENCE: Means felony or misdemeanor crimes of violence committed: (A) by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. DOMESTIC VIOLENCE: Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Iowa or the City of Waterloo, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the State of Iowa or the City of Waterloo. IMMEDIATE FAMILY MEMBER: Means, with respect to a person: (A) a spouse, parent, brother, sister, or child of the person, or an individual to whom that person stands in loco parentis (in place of a parent); or (B) any other person living in the household of that person and related to that person by blood, marriage or adoption. LANDLORD: Any person or entity who owns, manages, or makes decisions regarding tenant matters for residential rental property within the City of Waterloo. SEXUAL ASSAULT: Refers generally to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive, including but not limited to sexual groping, sexual assault or battery, and attempted rape. STALKING: Means (A)(i) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or (ii) to place under surveillance with the intent to kill, injure, harass, or intimidate another person; and (B) in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (i) that person; (ii) an immediate family member of that person; or (iii) the spouse or intimate partner of that person. 5-3B-2: PROHIBITED ACTS BY LANDLORDS It shall be unlawful for any landlord to do any of the following, except as otherwise provided in this Code: A. Decline a rental application of a potential tenant, or evict a current tenant, occupant or affiliated individual, for any grounds related to said person being a victim of domestic violence, dating violence, sexual violence or stalking. B. Construe any incident or incidents of actual or threatened domestic violence, dating violence, sexual violence or stalking to be a serious or repeated violation of the lease, or as otherwise "good cause" for terminating the tenancy or occupancy rights of the victim of abuse, provided that the victim has complied with the requirements for gaining the protections afforded by Iowa Code section 562A.27 or has complied with section 3 of this Article. C. Terminate the tenancy or occupancy rights of a victim due to criminal activity directly related to the domestic violence, dating violence, sexual violence or stalking of which such person is the victim, even if the criminal activity is engaged in by a member of a tenant's household or any guest or other person under the tenant's control, provided that the victim has complied with the requirements for gaining the protections afforded by Iowa Code section 562A.27 or has complied with section 3 of this Article. 5-3B-3: CERTIFICATION OF VICTIM STATUS A. In response to an incident of actual or threatened domestic violence, dating violence, sexual violence or stalking that could potentially have an impact on a person's occupancy rights, the landlord may request in writing that the tenant or victim complete, sign, and within fourteen (14) business days submit a written certification, signed under penalty of perjury, which answers the following questions: 1. Date written request is received from owner or management agent; 2. Name of victim; 3. Name of person completing certification, if different; 4. Name(s) of other family members listed on the lease; 2 5. Name of the abuser and relationship of the abuser to the victim; 6. Date, time and location of incident; and 7. A description of the incident. B. Alternatively, landlords may choose to forego the certification in subsection A and, at his or her discretion, provide assistance to tenants, occupants, affiliated individuals or prospective tenants based solely on the person's statement or other corroborating evidence, without any official documentation or physical proof 5-3B-4: LEASE BIFURCATION If the domestic violence, dating violence, sexual violence or stalking is being committed by a co- tenant of the victim, a landlord may bifurcate the lease to remove the offender while still allowing the victim to remain a tenant or occupant in the residence. 5-3B-5: RIGHTS AND RESPONSIBILITIES OF TENANTS A. For any tenant, occupant or prospective tenant to be eligible for the protections described in this Article, he or she must fully comply with any requirements imposed by a landlord under section 5-3B-3. B. A person's status as a victim under this Article does not preclude said tenant, occupant or affiliated individual from eviction from his or her residence for any reason. Specifically, a victim can still face eviction for reasons including, but not limited to: 1. Engaging in criminal activity apart from the domestic violence, dating violence, sexual violence or stalking at issue in this Article; 2. Posing an actual and imminent threat to other tenants or those employed at or providing services to the property; 3. Violating any term or provision of the lease agreement, provided that the reason for the violation of the term or provision is not directly related to the person's victimization by domestic violence, dating violence, sexual violence or stalking. PASSED AND ADOPTED by the City Council this day of , 2014, and approved by the Mayor this day of , 2014. ATTEST: Suzy Schares, City Clerk 3 Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5199 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW ARTICLE B, HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, OF CHAPTER 3, HUMAN RIGHTS, OF TITLE 5, POLICE REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That a new Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations, is hereby enacted as follows: TITLE 5 CHAPTER 3 HUMAN RIGHTS ARTICLE B. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE 5-3B-1: DEFINITIONS AFFILIATED INDIVIDUAL: Means, with respect to an individual: (A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis; or (B) any individual, tenant, or lawful occupant living in the household of that individual. BIFURCATE: Means to divide the lease as a matter of law so that certain tenants can be evicted or removed while the remaining tenant's or family member's lease and occupancy rights are allowed to remain intact. DATING VIOLENCE: Means felony or misdemeanor crimes of violence committed: (A) by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. DOMESTIC VIOLENCE: Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Iowa or the City of Waterloo, or by any other person against an adult or youth victim who is protected from that person's Ordinance No. 5199 Page 2 acts under the domestic or family violence laws of the State of Iowa or the City of Waterloo. IMMEDIATE FAMILY MEMBER: Means, with respect to a person: (A) a spouse, parent, brother, sister, or child of the person, or an individual to whom that person stands in loco parentis (in place of a parent); or (B) any other person living in the household of that person and related to that person by blood, marriage or adoption. LANDLORD: Any person or entity who owns, manages, or makes decisions regarding tenant matters for residential rental property within the City of Waterloo. SEXUAL ASSAULT: Refers generally to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive, including but not limited to sexual groping, sexual assault or battery, and attempted rape. STALKING: Means (A) (i) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or (ii) to place under surveillance with the intent to kill, injure, harass, or intimidate another person; and (B) in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (i) that person; (ii) an immediate family member of that person; or (iii) the spouse or intimate partner of that person. 5-3B-2: PROHIBITED ACTS BY LANDLORDS It shall be unlawful for any landlord to do any of the following, except as otherwise provided in this Code: A. Decline a rental application of a potential tenant, or evict a current tenant, occupant or affiliated individual, for any grounds related to said person being a victim of domestic violence, dating violence, sexual violence or stalking. B. Construe any incident or incidents of actual or threatened domestic violence, dating violence, sexual violence or stalking to be a serious or repeated violation of the lease, or as otherwise "good cause" for terminating the tenancy or occupancy rights of the victim of abuse, provided that the victim has complied with the requirements for gaining the protections afforded by Iowa Code section 562A.27 or has complied with section 3 of this Article. C. Terminate the tenancy or occupancy rights of a victim due to criminal activity directly related to the domestic violence, dating violence, sexual violence or stalking of which such person is the victim, even if the criminal activity is engaged in by a member of a tenant's household or any guest or other person under the tenant's control, provided that the victim has complied with the requirements for gaining the protections afforded by Iowa Code section 562A.27 or has complied with section 3 of this Article. Ordinance No. 5199 Page 3 5-3B-3: CERTIFICATION OF VICTIM STATUS A. In response to an incident of actual or threatened domestic violence, dating violence, sexual violence or stalking that could potentially have an impact on a person's occupancy rights, the landlord may request in writing that the tenant or victim complete, sign, and within fourteen (14) business days submit a written certification, signed under penalty of perjury, which answers the following questions: 1. Date written request is received from owner or management agent; 2. Name of victim; 3. Name of person completing certification, if different; 4. Name(s) of other family members listed on the lease; 5. Name of the abuser and relationship of the abuser to the victim; 6. Date, time and location of incident; and 7. A description of the incident. B. Alternatively, landlords may choose to forego the certification in subsection A and, at his or her discretion, provide assistance to tenants, occupants, affiliated individuals or prospective tenants based solely on the person's statement or other corroborating evidence, without any official documentation or physical proof. 5-3B-4: LEASE BIFURCATION If the domestic violence, dating violence, sexual violence or stalking is being committed by a cotenant of the victim, a landlord may bifurcate the lease to remove the offender while still allowing the victim to remain a tenant or occupant in the residence. 5-3B-5: RIGHTS AND RESPONSIBILITIES OF TENANTS A. For any tenant, occupant or prospective tenant to be eligible for the protections described in this Article, he or she must fully comply with any requirements imposed by a landlord under section 5-3B-3. B. A person's status as a victim under this Article does not preclude said tenant, occupant or affiliated individual from eviction from his or her residence for any reason. Specifically, a victim can still face eviction for reasons including, but not limited to: 1. Engaging in criminal activity apart from the domestic violence, dating violence, sexual violence or stalking at issue in this Article; Ordinance No. 5199 Page 4 2. Posing an actual and imminent threat to other tenants or those employed at or providing services to the property; 3. Violating any term or provision of the lease agreement, provided that the reason for the violation of the term or provision is not directly related to the person's victimization by domestic violence, dating violence, sexual violence or stalking. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: February 10, 2014 February 10, 2014 February 10, 2014 February 10, 2014 PASSED AND ADOPTED this 10th day of February, 2014. ATTEST: Suzy Sc City Cl -r a es, CMC rrnest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5199 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 10th day of February, 2014. Witness my hand and seal of office this 10th day of February, 2014. SEAL Suzy Schires, CMC City Cle k CITY OF WA'! ERLOO Ordinance Committee and Council Communication City Council Meeting: February 10, 2014 Prepared: February 4, 2014 Dept. Head Signature:, # of Attachments: SUBJECT: Submitted by: Amendment to Chapter 9 of Property Maintenance Code Craig Clark — Building Official/Maintenance Administrator Recommended City Council Action: Recommendation of approval Background Information: This is an amendment to the property maintenance code to be enforced by the new Chapter 7 Rental Inspection program. ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING PARAGRAPH A OF SECTION 2 OF ARTICLE B, INTERNATIONAL PROPERTY MAINTENANCE CODE, OF CHAPTER 1, BUILDING CODE, OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Paragraph A of Section 2 of Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations, is hereby amended to add the following sub -paragraphs under Paragraph A as follows: Section 102.2 is amended to add Exception 1 as follows: Exception 1. Owner or Owner's Agent shall by written agreement allow the occupant to perform the duties specified herein. All refrigerators, stoves and ranges shall be maintained in safe working condition. Section 103.5 deleted and a new Section 103.5 is enacted in its place as follows: 103.5 Fees. The City Council may by resolution prescribe fees for activities and services performed by personnel of the City or the Building Official's designee. Fees shall be paid prior to the issuance of the Certificate of Compliance. Section 104.2. is amended to add a new Section104.2.2 as follows: 104.2.2 Regular Rental Inspection. Rental property, rental units and the common areas thereof shall be inspected in accordance with a program of regular rental inspections every 3 years, or as deemed necessary by the code official. A new Section 113 is hereby enacted as follows: 113. Certification. Ordinance No. Page 2 a. Certificate of Compliance. A certificate of compliance shall mean a document which shows that the unit or units for which it is issued was in compliance with the applicable provisions of this code at the time of the last inspection. The certificate shall be automatically transferred from one owner or operator to another. Rental unit registrations do not transfer from one owner or operator to another. A certificate of compliance shall state the date of last inspection, the address of the structure to which it is applicable and the type or classification of the dwelling. b. Disclaimer. A certificate of compliance does not signify or imply that the premises for which it is issued is in compliance with the Fire, Building or Zoning Codes of the City of Waterloo. A new Section 403.6 is hereby enacted as follows: 403.6 Mold present in a rental unit. a. When mold is found to be visibly present in small amounts, it can be cleaned in a safe and sanitary manner. b. When mold is found in a rental unit and is determined to be a health risk, the Building Official may order that a clean air report be obtained from a mold specialist approved by the Building Official. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the day of , 2013, and approved by the Mayor on the day of , 2013. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC Ordinance No. Page 3 City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 2013. Witness my hand and seal of office this day of , 2013. SEAL Suzy Schares, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5200 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING PARAGRAPH A OF SECTION 2 OF ARTICLE B, INTERNATIONAL PROPERTY MAINTENANCE CODE, OF CHAPTER 1, BUILDING CODE, OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Paragraph A of Section 2 of Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations, is hereby amended to add the following sub -paragraphs under Paragraph A as follows: Section 102.2 is amended to add Exception 1 as follows: Exception 1. Owner or Owner's Agent shall by written agreement allow the occupant to perform the duties specified herein. All refrigerators, stoves and ranges shall be maintained in safe working condition. Section 103.5 deleted and a new Section 103.5 is enacted in its place as follows: 103.5 Fees. The City Council may by resolution prescribe fees for activities and services performed by personnel of the City or the Building Official's designee. Fees shall be paid prior to the issuance of the Certificate of Compliance. Section 104.2. is amended to add a new Section104.2.2 as follows: 104.2.2 Regular Rental Inspection. Rental property, rental units and the common areas thereof shall be inspected in accordance with a program of regular rental inspections every 3 years, or as deemed necessary by the code official. A new Section 113 is hereby enacted as follows: 113. Certification. a. Certificate of Compliance. A certificate of compliance shall mean a document which shows that the unit or units for which it is issued was in compliance with the applicable provisions of this code at the time of the last inspection. The certificate shall be automatically transferred from one owner or operator to another. Rental unit registrations do not transfer from one owner or operator to another. A certificate of Ordinance No. 5200 Page 2 compliance shall state the date of last inspection, the address of the structure to which it is applicable and the type or classification of the dwelling. b. Disclaimer. A certificate of compliance does not signify or imply that the premises for which it is issued is in compliance with the Fire, Building or Zoning Codes of the City of Waterloo. A new Section 403.6 is hereby enacted as follows: 403.6 Mold present in a rental unit. a. When mold is found to be visibly present in small amounts, it can be cleaned in a safe and sanitary manner. b. When mold is found in a rental unit and is determined to be a health risk, the Building Official may order that a clean air report be obtained from a mold specialist approved by the Building Official. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: February 10, 2014 February 10, 2014 February 10, 2014 February 10, 2014 PASSED AND ADOPTED this 10th day of February, 2014. ATTEST: Suzy Scha City Cler es, CMC Ernest G. CERTIFICATE Clark, Mayor I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5200 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 10th day of February, 2014. Witness my hand and seal of office this 10th day of February, 2014. _SEAL L � � uzy Sch res, CMC City Cle k CITY OF WATERLOO Ordinance Committee and Council Communication City Council Meeting: February 10, 2014 Prepared: December February 4, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Submitted by: Chapter 7 Rental Inspection Program Ordinance Craig Clark — Building Official/Maintenance Administrator Recommended City Council Action: Approve new ordinance - Chapter 7 Rental Inspection Program Background Information: This ordinance will help improve rental property in the City of Waterloo and align us with other jurisdictions in Iowa. Our previous ordinance is outdated and had not been changed since 1981. The new ordinance will help us track rental properties and perform inspections in a more professional manner. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, BY REPEALING CHAPTER 7, HOUSING, OF TITLE 9, BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 7, RENTAL HOUSING, OF TITLE 9, BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Chapter 7, Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo is hereby repealed in its entirety; and that a new Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo is hereby enacted in lieu thereof as follows: Chapter 7 Rental Housing 9-7-1: TITLE: This chapter shall be known as the Waterloo Rental Housing Code and will be cited as the housing code. 9-7-2: PURPOSE: The purpose of this code is to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the use, occupancy, location and maintenance of all residential buildings and structures for rental within this jurisdiction, and to establish a program of regular rental inspections. Ordinance No. Page 2 9-7-3: DEFINITIONS: When used in this chapter, the following terms and words shall have the following meanings, unless the context clearly indicates that a different meaning is intended. DWELLING: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a place for human residence, including sleeping quarters and bathroom or kitchen facilities. LANDLORD: The owner of a rental unit. Landlord is also referred to in this chapter as owner, operator, licensee and applicant. LICENSING OFFICER: The Waterloo City Clerk and his or her designee. RENTAL UNIT: Any dwelling, duplex, multiple dwelling, condominium, dwelling unit, rooming unit, or sleeping unit which is not eligible for the Iowa homestead credit for property tax purposes, or single -dwelling portions of a duplex or multiple dwelling that are not occupied by the owner of the property, and which requires a payment in money or services to be made to the owner for the possession or use thereof. RESPONSIBLE LOCAL AGENT: A designated agent of a landlord who is responsible for fulfilling the landlord's duties with regard to landlord's rental units. Also referred to herein as an agent. 9-7-4: LANDLORD LICENSE REQUIREMENT: A. No person shall lease, rent, or otherwise allow a rental unit to be occupied without a current landlord license obtained from the City Clerk under the provisions of this chapter. B. In order to be granted a landlord license an applicant must register all rental units(s) for which the applicant is the owner or responsible local agent by completing and filing a rental permit registration form with the City Clerk, as provided in this chapter, and paying all fees required by this Code. C. The requirements to receive a landlord license include the following: 1. All requirements of Section 9-7-7 pertaining to inspections have been met; 2. All fees for the registration of the rental unit(s) and license have been paid in full; 3. All judgments of any nature in the City's favor and against the applicant have been paid in full; 4. The applicant has provided the licensing officer the name(s), address and telephone number(s) of the individual(s) responsible for the maintenance and management of the registered premises; Ordinance No. Page 3 5. All requirements of Section 9-1 B are met on all rental properties owned by the landlord. D. Issuance of License. If the licensing officer concludes as a result of the information contained in the application that the requirements for a landlord license have been met, then the licensing officer shall issue the landlord license, otherwise the licensing officer shall issue a notice of denial. E. License Term. A landlord license shall be valid for no more than one (1) year. All licenses shall expire on December 31 of each year. The landlord or responsible local agent shall re -apply for a license no later than November 1. E. A landlord license fee and renewal fees shall be established by resolution of the city council. 9-7-5: RENTAL REGISTRATION PERMIT: A. No person shall lease, rent, or otherwise allow a rental unit within the City to be occupied without first obtaining or renewing a rental registration permit from the City and designating a responsible local agent. All rental units must be registered annually as required by this chapter. 1. Registration Forms. Application for registration shall be made upon current forms furnished by the City and shall, at minimum, require all of the following information. a. The name of the apartment house or complex, if any; b. The street address and block and lot number of the rental unit(s); c. The year originally built or replaced; d. The number and types of rental units within the rental property; e. The number of bedrooms and bathrooms in each unit; f. The maximum number of tenants permitted for each rental unit in accordance with the adopted International Property Maintenance Code or other applicable codes; g. The name, address, telephone number and, where applicable, an e-mail address, mobile telephone number, and facsimile number, of the person or agent authorized to collect rent from the tenants; h. The name and contact information for the person who is responsible for yard maintenance and trash collection, and indication of whether such person is landlord, agent, or tenant; A copy of a current valid inspection certificate for the property shall be provided with the application, but shall not be necessary in the event of a first-time application. j. Multi -unit housing — All rental units contained within a multi -unit dwelling or building may be registered on one registration form by listing individual addresses if all other required information is the same. Ordinance No. Page 4 k. Represent that the landlord has insurance in effect that insures each rental unit, and the larger building of which it may be a part, against damage to the premises, with coverage in an amount sufficient to repair damages and render the premises habitable within ninety (90) days. Landlord shall promptly provide proof of such insurance to the city clerk upon request. 2. Payment of Fees. The landlord shall have all outstanding fees, charges, and assessments owed to the City of Waterloo paid in full before issuance of any rental registration permit, except for such fees, charges or assessments which may be the subject of an active appeal. B. Accurate and Complete Information. All information provided on the registration form must be accurate and complete. No person shall provide inaccurate information for the registration of a rental unit. Failure to provide the information required for such registration shall be grounds for denial or non -renewal. The landlord or the designated responsible local agent shall sign the registration form, certifying to the accuracy and completeness of the information provided. When the owner is not a natural person, the owner information shall be that of the president, general manager or other chief executive of the organization. When more than one person has an ownership interest, the required information shall be provided on the registration form for each owner with a twenty-five percent (25%) or greater interest. Change in Registration Information or Transfer of Property. 1. Whenever there is a change in the information required for a permit, the landlord or responsible local agent must be re -registered within thirty (30) calendar days after any change occurs and either the permit shall be amended or a new permit shall be issued. 2. If the rental unit is sold, assigned, or otherwise transferred, the rental unit must be re -registered within thirty (30) days. 3. The landlord shall notify the City Clerk's office of any change in the designation of the responsible local agent including a change in name, address, e-mail address, telephone number, mobile telephone number or facsimile number of the designated registered local agent within thirty (30) days of the change. 4. The landlord or responsible local agent shall notify the building official of a change in the functional design characteristics of the rental unit or the maximum number of tenants permitted for each rental unit as regulated by adopted building and life safety codes. Any such change shall require appropriate inspections and issuance of a new certificate of compliance. D. Registration Term and Renewals. 1. A rental registration permit shall be valid for no more than one (1) year. All permits shall expire on December 31 of each year, or upon suspension or revocation of the landlord license of the property owner. The landlord Ordinance No. Page 5 or responsible local agent shall re -register each rental unit with the City no later than November 1. 2. Failure to register rental units by the deadline shall result in the assessment of a double registration fee. 3. Annual renewal of rental unit registrations may be expedited by submitting a City -provided affidavit form that affirms there are no changes to the previous year's registration information. The landlord or responsible local agent must review this information prior to submitting the renewal affidavit. 4. Responsible Local Agent. The responsible local agent shall be responsible for all of the following: a. Operating the registered rental unit in compliance with all applicable City ordinances; b. Providing escorted access to the rental unit for the purpose of making any and all inspections necessary to ensure compliance with applicable city ordinances; c. Maintaining a list of the names and number of occupants of each rental unit for which he or she is responsible and providing Crime Free Lease Addendum documentation upon request per incident; d. Accepting all legal notices or services of process under this chapter with respect to the rental unit. 9-7-6: DENIAL, SUSPENSION, REVOCATION OR NON -RENEWAL: A. The licensing officer or building official may revoke, suspend, deny or decline to renew any landlord license issued under 9-7-4 or any rental registration permit issued under 9-7-5 for any of the following grounds. 1. False statements on any application or other information or report required by this section to be given by the applicant or licensee. 2. Failure to pay any application, penalty, re -inspection or reinstatement fee required by this chapter or city council resolution. 3. Failure to correct deficiencies noted in notices of violation within the time specified in the notice. 4. Failure to comply with the provisions of a mitigation or remediation plan approved by the building official or designee. 5. Failure to comply with the provisions of Title VIII of the Fair Housing Act of 1968 (as amended). 6. Allowing rental units to be occupied after the tenant has violated the Crime Free Lease Addendum required by 9-7-8 and failing to take reasonable and effective remedial action when such violative conduct occurs. 7. Failure to implement the Crime Free Lease Addendum required by 9-7-8 on all new and renewal lease agreements. 8. Failure to provide proof of the insurance referred to in 9-7-5(A) upon request of the city clerk. Ordinance No. Page 6 9. Designation of a rental unit or the larger structure of which it is a part as an unsafe structure by the building official or his designee. B. Limited Defense to Adverse Action. It shall be a defense to enforcement action based on tenant violation of a Crime Free Lease Addendum if the landlord or its responsible local agent has undertaken each of the following actions. 1. Reported the violation to city police. 2. Evicted or attempted to evict the tenant by lawful means. 3. In the instance of a first offense, undertaken with diligence reasonable means to avoid a recurrence of violations on the premises by present or future tenants or occupants. C. Notice of Decision. A decision to deny, suspend, revoke or not renew a license or permit shall be in writing, delivered by ordinary mail to the address indicated on the application or license, and shall specify reasons for the action. D. Effect of Decision. Upon decision to deny, suspend, revoke or not renew a license or permit, no new application for a landlord license or a rental registration permit from the applicant or licensee for the same rental unit or multi -unit building will be accepted for a period of six (6) months from the date of the decision. After the six (6) month period has expired, the landlord may reapply for a license or permit, but approval is not automatic depending on the specific facts of the case. Further action adverse to the landlord is appealable under this chapter. No rent may be collected for any unit not covered by a valid, current permit. Until such license or permit is issued, reissued or reinstated, no new rental contracts may be entered into by the landlord or its local responsible agent for any of such landlord's rental properties, but existing rental contracts may be extended or renewed on the same terms. E. Appeals. No landlord license or rental registration permit may be finally denied, suspended, revoked or not renewed without notice and an opportunity for the applicant or holder of the license or permit to be heard. The applicant or holder of the license or permit may appeal the decision to the Housing Appeals Board as provided in 9-7-11. Order of precedence to deny, suspend, revoke or not renew a landlord license or rental registration permit. 1. First course of action — Rental unit registration(s) shall be denied, suspended, revoked or not renewed if an owner allows a specific property or properties to remain in violation of this chapter or otherwise in an illegal condition or status and has failed to take responsible, reasonable and verifiable actions on a timely basis to remedy the violation(s). 2. Second course of action — Landlord license shall be denied, suspended, revoked or not renewed if an owner allows repeated violations to occur and continues to allow rental unit(s) to remain in violation of this chapter Ordinance No. Page 7 or otherwise in an illegal condition or status and has failed to take responsible, reasonable and verifiable actions on a timely basis to remedy the violation(s). 9-7-7: INSPECTIONS REQUIRED: A. Rental Properties: Regular inspection on all residential rental property, including mobile homes, shall be made once every three (3) years for compliance with the building code, property maintenance code, other applicable codes, and this chapter. In addition to said codes and this chapter, the housing quality standards promulgated by the United States Department of Housing and Urban Development for use in assisted housing programs will govern to the extent not superseded by more stringent requirements of said codes and this chapter. Inspections of all properties will also be made at any time upon receipt of a complaint or request by a tenant or owner. Any rental structure receiving two (2) complaints regarding substantiated violations during any twelve (12) month period shall be put on an annual inspection schedule for three (3) years following the last substantiated complaint. B. Regular Inspections: Inspections shall be made with notice to the owner, or its responsible local agent if any, and occupant at least ten (10) days prior to the inspection being made. Inspection shall be made of each rental unit and of all common space or areas under the owner's control. C. Certificate of Inspection: 1. No person shall rent, lease or cause to be occupied any rental unit that does not possess a certificate of inspection issued under this code. This section shall not be operable until such unit has come under the provisions of this section. 2. After passing inspection, a rental unit governed by this chapter shall be issued a certificate of inspection. 3. The landlord, or its responsible local agent if any, and occupants of rental units inspected under this chapter shall be furnished with a list of any violations and shall be advised specifically of any violations which may cause an immediate hazard to the health or safety of an occupant, with a specific time limit set for correction of the violations. D. Inspection Fees: All inspection and reinspection fees shall be paid by the owner or responsible local agent prior to the issuance of a certificate of inspection. Any inspection fee not paid within thirty (30) days shall be deemed a violation of this section. Fees shall be as follows: 1. A reinspection fee of fifty dollars ($50.00) per unit if not in compliance will be charged for each reinspection. 2. A fee of fifty dollars ($50.00) will be charged for all scheduled inspections where an appointment is not kept and the owner, local responsible agent or Ordinance No. Page 8 occupant did not make an attempt within three (3) days after the appointment to reschedule the inspection. 9-7-8: CRIME FREE LEASE ADDENDUM: A. All rental agreements commencing or renewed after the effective date of this ordinance, whether written or oral, concerning rental units that are subject of this chapter shall include a Crime Free Lease Addendum, in form and substance acceptable to the city and adopted by resolution of the city council. As a condition of any landlord license granted hereunder, the licensee shall produce any rental agreements as may be requested by the city to determine compliance with this requirement. B. Failure of the landlord to produce the Crime Free Lease Addendum upon request by the City shall be a violation of this chapter. 9-7-9: OWNER AND TENANT RESPONSIBILITIES: A. Every landlord or its agent, in addition to being responsible for maintaining each rental unit in a sound structural condition, shall be responsible for keeping that part of the building or premises which it controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two (2) or more rental units. In addition, every landlord or its agent shall comply with the provisions of Title 5, Chapter 3, Article B of this code, granting housing protections to victims of domestic violence. B. Tenant to maintain rental unit. The tenant shall comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety. 9-7-10: HOUSING APPEALS BOARD: The housing appeals board shall consist of five (5) members, three (3) of whom shall constitute a quorum. All appointments shall be for a term of three (3) years. The board shall consist of a home builder, a tenant, a landlord and two members -at -large. Each board member shall be a resident of the City of Waterloo or shall have his or her principal place of employment in the City of Waterloo. No member of said board shall serve more than two (2) consecutive terms and shall not be reappointed to a third term unless said member has not served on any board or commission of the city for a minimum of one year before reappointment to any board or commission; provided, however, that a third term may be approved upon extraordinary circumstances and/or unavailability of applicants as determined by the mayor. 9-7-11: APPEALS: Ordinance No. Page 9 A. Right of Appeal: A person aggrieved by a decision of the licensing officer or the building official may file a written appeal with the city clerk within fourteen (14) days of the postmarked date of the notice of decision. An administrative fee of fifty dollars ($50.00) must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing, and the decision shall thereupon become final. B. Scheduling and Noticing Appeal for Hearing: As soon as practicable after receiving the written appeal the housing appeals board shall fix a date, time, and place for the hearing of the appeal by the board. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the city clerk and the administrative fee paid. Written notice of the time and place of the hearing shall be given at least ten (10) days before the date of the hearing to each appellant by the city clerk either by delivering a copy of such notice to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. The hearing shall be scheduled for no more than thirty (30) minutes in length, or such additional time as the board in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the board at least seven (7) days before the hearing date. C. Conduct of Hearing: At the appeal hearing the appellant shall have an opportunity to be heard and to show cause as to why such decision should be modified, extended, or overturned, or why a variance should be granted. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The board may consider any evidence it considers credible, including testimony of city employees, written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing the board, by a majority vote, may sustain, modify, extend or revoke a decision or grant or deny a variance. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. D. Variances or Extensions: The board, by majority vote, may grant variances or extensions of time to take corrective action. In the event that an extension or variance is granted, the board shall observe the following conditions: 1. In lieu of or in addition to administrative extensions, the board may grant an extension or extensions of time for compliance with any order or notice provided that the board makes specific findings of fact based on evidence relating to the following: a. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and Ordinance No. Page 10 b. That such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. 2. Except under extraordinary circumstances, the extension or sum of extensions shall not exceed nine (9) months. 3. The board may grant a variance in a specific case and from a specific provision of this chapter subject to appropriate conditions; and provided the board makes specific findings of fact based on evidence presented on the record as a whole, and related to the following: a. That there are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order; and b. That due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and c. That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and d. That such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. E. Staying of Order Under Appeal: Enforcement of any notice issued under this chapter shall be stayed during the pendency of a timely and properly perfected appeal therefrom. 9-7-12: VIOLATION; PENALTY. A. Except as set forth in subsection C below, any person who violates the requirements of this chapter shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with 1-3-2 of this code and further actions to deny, suspend, revoke or not renew a landlord license and/or rental registration permit as prescribed in this chapter. B. Violation correction procedures as prescribed in Section 106 and 107 of the adopted International Property Maintenance Code shall be followed unless otherwise amended by this or other provisions of this code. C. Crime Free Lease Addendum. The penalty for violation of 9-7-8 shall be as follows: 1St Offense $100 2nd Offense $200 3rd and Subsequent $500 each Ordinance No. Page 11 D. Injunction. It shall be unlawful for any person to violate, or fail to comply with, any of the requirements of this chapter. If a person has violated, or continues to violate, the provisions of this chapter, the city clerk may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the day of , 2014, and approved by the Mayor on the day of , 2014. ATTEST: Suzy Schares, CMC City Clerk Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 2014. Witness my hand and seal of office this day of , 2014. SEAL Suzy Schares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: February 5, 2014 Dept. Head Signature:- # of Attachments: 1 SUBJECT: Crime Free Lease Addendum Submitted by: Craig Clark — Building Official/Maintenance Administrator Recommended City Council Action: Resolution approving the Crime Free Lease Addendum for Waterloo Housing Ordinance. Summary Statement - See attached schedule Expenditure Required Source of Funds Policy Issue Alternative Background Information: The Crime Lease Addendum is part of the Housing Ordinance that requires the Landlord to have the Crime Lease Addendum in their Lease. The attachment will standardize the form that will be used by all Landlords. CRIME FREE LEASE ADDENDUM This Addendum is part of the Rental Agreement (the "Lease") dated between the undersigned parties with reference to the property located at: In consideration of the execution or renewal of the Lease, the parties agree as follows: 1. Tenant, any members of Tenant's household, or a guest or other person under Tenant's control shall not engage in criminal activity, including drug-related criminal activity, on or near the rental premises. 2. "Criminal activity" means acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, gambling, criminal street gang activity, intimidation, assault, or other criminal activity on or within 250 feet of the rental premises that jeopardizes the health, safety or welfare of the landlord, its agents, tenants or others. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell, distribute, or use a controlled substance as defined under local, Iowa or federal law, or the possession of drug paraphernalia. 3. Tenant, any member of Tenant's household, or a guest or other person under Tenant's control shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the rental premises. 4. Tenant, any members of Tenant's household, or a guest or other person under Tenant's control, will not permit the rental premises to be used for or to facilitate criminal activity, including drug-related criminal activity, regardless of whether such activity is done by a member of the household or a guest. 5. Tenant or members of the household will not engage in the manufacture, sale or distribution of criminal drugs at any locations, whether on or near the rental premises or otherwise. 6. VIOLATION OF ANY OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this Addendum shall be deemed a material non-compliance with the Lease. However, city code granting housing protection to victims of domestic violence shall have precedence over this Addendum to the extent applicable. Tenants agree that a single violation shall be good cause for termination of the Lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by preponderance of the evidence. 7. In case of conflict between the provisions of this Addendum and any other provisions of the Lease, the provisions of this Addendum shall govern. The provisions of this Addendum are in addition to all other terms of the lease and are not intended to limit or replace other provisions or remedies. MANAGEMENT/LANDLORD TENANT(S) By: Tenant Dated: Tenant Tenant Dated: Tenant(s) acknowledge receipt of this Addendum by signature of this document. CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: February 5, 2014 Dept. Head Signature: �-�- # of Attachments: 1 SUBJECT: Rental Fee schedule Submitted by: Craig Clark — Building Official/Maintenance Administrator Recommended City Council Action: Resolution approving the Fee Schedule for the Waterloo Housing Ordinance. Summary Statement - See attached schedule Expenditure Required Source of Funds Policy Issue Alternative Background Information: The Rental ordinance does not include any fees. I have attached all fees and penalties on one attachment to make it easier for everyone involved. This proposal would include a $25 per unit cost that would help pay for the cost of performing an inspection on a rental property. RENTAL FEE SCHEDULE Rental Registration Permit $25.00 per unit per year Landlord License No Charge Initial Rental Inspection No Charge Reinspection No Charge All sequential reinspections $50.00 each Any inspection requested, but not kept by owner $50.00 each Crime Free Lease Addendum 1st Offense $100.00 2nd Offense $200.00 3rd & sequential offense(s) $500.00 each Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-107 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE F.Y. 2014 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS, CONTRACT NO. 842. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 10th day of February, 2014. ATTEST: Suzy Sc ar CM City Cl rk 6.,..e..,„e„.eir (_./745P&7 Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-108 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE F.Y. 2014 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS, CONTRACT NO. 842, IN THE CITY OF WATERLOO AS MARCH 17, 2014, AT 5:30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5:30 p.m. on the 17th day of March, 2014, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc., in conjunction with the F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842, in the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 10th day of February, 2014. ATTEST: Lre 9 Suzy Sch res, CMC City Cle k ,‘," Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: February 3, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS CONTRACT NO. 842 Submitted by: Jamie Knutson, PE, Associate Engineer Recommended City Council Action: It is recommended that Council approve these documents, set March 17, 2014, as the date for the public hearing and bid opening and instruct the City Clerk to publish said notices. Summary Statement Transmitted herewith are the Plans and Specifications for the F.Y. 2014 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS, Contract No. 842, as prepared by AECOM. Expenditure Required TBD at bid opening Source of Funds EDA and CDBG funding Policy Issue N/A Alternative N/A Background Information: Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 2/10/14 Prepared: 02/05/14 Dept. Head Signature: # of Attachments: 3 SUBJECT: Submitted by: Service Area #15 and #16 Phase I CIP Pipe Lining Larry N. Smith, WMS Superintendent Recommended City Council Action: Attached for your consideration is a set of contract documents for the above referenced project. We recommend approval and set the date of bidding to be March 10, 2014 Summary Statement CIP Lining for approximately 4 1/2 miles of sanitary sewer in Service Area #15 and #16 Expenditure Required $1,000,000.00 Source of Funds Sewer bond Policy Issue Alternative WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer A=COM February 5, 2014 Mr. Larry Smith Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16 AECOM #60185826 (60163564) Dear Larry, AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com Enclosed please find two (2) copies of the plans and specifications for the above -referenced project. We propose this be submitted to Council on Monday, February 10, 2014, to begin advertising; and we propose receiving and opening bids on March 10, 2014. We should discuss the completion date before we advertise; however, based on our discussions with potential bidders, they have been affected by the winter weather and are backlogged. The actual work may be in the four-month range, but we suggest giving them six to seven months to complete. This could affect the bid prices. In any event, we recommend we begin advertising to get it going. If you have any questions, please let us know. Yours sincerely, Robert E. Barns Enclosures: As Noted L:\work\project\60304092\300-Communications\310 Client \2-5-2014 IsSA 15&16 Spec -For Council Aprvl.docx Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-109 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH PHASE I - CIP PIPE LINING SERVICE AREAS NO. 15 AND NO. 16, CONTRACT NO. 866. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Waste Management Services Superintendent of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866, in the City of Waterloo, Iowa, and WHEREAS, said Waste Management Services Superintendent did file said plans, specifications, form of contract, estimate of cost, etc., in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 10th da of February, 2014. ATTEST: zy Sch City Cle ares, CMC rk t Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-110 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH PHASE I - CIP PIPE LINING SERVICE AREAS NO. 15 AND NO. 16, CONTRACT NO. 866, IN THE CITY OF WATERLOO AS MARCH 10, 2014, AT 5:30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5:30 p.m. on the 10th day of March, 2014, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc., in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866, in the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 10th day of February, 2014. est G. Clark, Mayor ATTEST: Suzy Sc .res, CMC City Cl-rk WATERLOO CABLE TV COMMISSION November 7, 2013 4:30 p.m. First Floor Conference Room Members present: Heinze, Scott, Herzog, and Sherbon. Members absent: Hutchens. Also present: Suzy Schares, Ed Stoffer. Moved by Herzog seconded by Heinze that the agenda, be approved. Ayes: Four. Motion carried. Citizen Oral Comments None Financial Report Schares reported that the budget is on par and gave council room renovations update. Chairperson Report Herzog reported that Mediacom is paying more attention to internet business growth and cable is becoming more obsolete. It is good that they are progressive and extreme internet users will be charged more. Report of Mediacom Net New channels have been added. CT Production Coordinator Report Ed Stoffer explained new programs and informed the commission that council meetings are on the website. There is a good diversity of programs. New Business 1. Frequency of meetings — even months starting in February 2014. 2. Scott stated that customers are experiencing glitches on the phone when making a bill payment, it does not reset at night. There is still problem with outages. 3. The commission requested that Schares review the franchise agreement to see if Mediacom personnel are required to attend meetings. Moved by Herzog seconded by Sherbon to adjourn. Ayes: 5:20 p.m. Motion carried. Suzy Schares City Clerk MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday December 10, 2013 I. ROLL CALL Chairperson, Bob Justis, declared a quorum and called the meeting to order at 1:05 pm. Board members present were: Bob Justis, Dee Vandeventer, Aaron Buzza, Christa Miehe, and Chris Harshbarger. Also in attendance were: Joe Reilly and Wendy Wilson, Delta Global Services; Doug Schindel, AECOM; Larry Ticknor, Rusty Zey and Sheila Combs, Airport Administration; Steve Wareham, Interim Director, and Mike Bown, Trillion Aviation. Hugh Field joined the meeting at 1:10. Michael Wilson, Candidate for Director of Aviation, joined the meeting to meet the Board at 2:10. Absent: Lou Porter, Councilman Getty and Councilman Hart. II. AGENDA AS RECEIVED OR AMENDED. The agenda was reviewed. Harshbarger moved to add Approval for Air Show to the agenda, 2nd by Vandeventer, Ayes: 5 III. PUBLIC COMMENTS. None. IV. REPORTS. A. Director's Report — Wareham reviewed the monthly airport reports: YTD budget, fares, On -Time Performance was reviewed and Bown pointed out that it was comparable to or better than most industry standards. Wareham handed out and discussed an article about air service by Great Lakes (Delta) in Devil's Lake, ND. Great Lakes would have served ALO if Delta had remained our air carrier. In November, 35 of the 90 scheduled flights in/out of Devil's Lake were cancelled. Compared to that, American is not a bad deal for ALO! Bown reviewed our current and upcoming EAS status. He expects American to be the only airline to submit a bid to service ALO and that it would be very similar to our current service. B. Construction Project Update — Doug Schindel, AECOM, reviewed the current projects: Rehabilitation of Taxiway E is approximately 80% complete, with temporary paint, which will be completed in the spring; Rehabilitation of Taxiway B is about 70% complete; Rehabilitation of the Airfield Vault is 90% complete. V. BOARD APPROVAL C. Approval of Minutes of October 24, 2013 Regular Meeting and Planning Session. Minutes of the October 24, 2013 meeting were reviewed. Motion to approve, Harshbarger; 2°d, Field; Ayes: 6. Motion passed. D. Motion to Receive and File October 2013 Expenses. All operating and capital expenses were reviewed. Motion to receive and file, Harshbarger; 2nd, Miehe; Ayes: 6. Motion passed. E. Motion to Receive and File November 2013 Expenses. All operating and capital expenses were reviewed. Motion to receive and file, Field; 2nd, Miehe; Ayes: 6. Motion passed. F. Motions to Formally Adopt Mission Statement discussed during October Meeting — "To Use the Resources of ALO to the Maximum Benefit of the Region". Motion to approve, Harshbarger; 2nd, Field; Ayes: 6. Motion passed. G. Approval to Advertise for Airport Consultant. Wareham advised Board that FAA requires all Part 139 Certified Airports to advertise for an Airport Consultant every 5 years. This was last done in 2008. Motion to approve, Harshbarger; 2❑d, Buzza; Ayes: 6. Motion passed. H. Approval of Corporate Hangar Lease to Kingfisher Aviation. Lease is for '/ of the Corporate Hangar. Kingfisher Aviation will now be leasing the entire hangar. Motion to approve, Harshbarger; 2nd, Buzza; Ayes: 6. Motion passed. I. Approval to Host Air Show in August 2014. Harshbarger, who is also Chairman of the Air Show Committee, discussed the plans so far. The U.S. Air Force Thunderbirds will once again headline the event. Other acts are being lined up. The dates will be August 23 — 24, 2014, with most performers arriving on August 21st for practice runs. August 22" will again be Kid's Day, with many area schools participating. Motion to approve, Harshbarger; 2nd, Buzza; Ayes: 6. Motion passed. VI. OLD BUSINESS None. VII. NEW BUSINESS J. Introduction to Candidate for Director of Aviation. Michael Wilson, current Director in Aberdeen, SD, introduced himself to the Board, gave a brief overview of his background and fielded questions. The second candidate, Michael Clow, was unavailable on this date. He will interview with the Mayor and meet with the Board on December 16, 2013. V. ADJOURNMENT Hearing no objections, Justis adjourned the meeting at 2:30 pm. Respectfully submitted, MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, DECEMBER 10, 2013 LEISURE SERVICES OFFICE 1101 CAMPBELL AVENUE Chairman Kevin Evans called the meeting to order at 7:34 AM. Present: Nancy Bamsey, Kevin Evans, Don Huff, Julie Koch-Hoth, Sharon Samec and Marvin Spencer. Staff present: Paul Huting, Bill Bachman, Chris Dolan, Travis Nichols, Todd Derifield and Bob Etringer. Also present: Councilman Steve Schmitt and Courier Reporter Tim Jamison. Evans called for approval of the agenda. Motion by Koch-Hoth, seconded by Samec to approve the agenda. Ayes: All. Nays: None. Evans called for approval of the 11/19/13 meeting minutes. Motion by Bamsey, seconded by Koch-Hoth to approve the minutes. Ayes: All. Nays: None. Evans called for approval of the bills. Motion by Spencer, seconded by Samec to approve the bills. Ayes: All. Nays: None. SPORTS/SPORTSPLEX FEES —Motion by Koch-Hoth, seconded by Samec to approve the Sports/Sportsplex fees for Spring 2014 — Winter 2015 (list of fees attached). Ayes: All. Nays: None. CELL TOWER SITE ACCESS AGREEMENT — City Council has entered into an agreement with Verizon to construct a cell tower ay Byrnes Park. Prior to building the tower Verizon needs site access for environmental testing. The Site Access Agreement was written with input from the City Attorney's office. Motion by Koch-Hoth, seconded by Samec to approve the Site Access Agreement for Chairman Evans signature and recommend City Council approval. Ayes: All. Nays: None. STAFF UPDATES Arena — Chris Dolan Cedar Valley Figure Skating Club production was held on Dec. 8. Over 1200 people in attendance. Utilized video/sound system as part of their production. Staff will be setting up for the Battle of Waterloo Wrestling Event which will be held on Dec. 20 and 21. Dehumidification Project — everything is approved for Young Plumbing/Heating to start install on June 1St Forestry/Turf — Todd Derifield Reported that crews are busy with snow removal, working on equipment, trimming and removing trees. Forestry Crew just started the Systematic Tree Trimming (trimming, reviewing, removing every tree in a particular zone). They will be finishing up on the NE Zone from last year. This type of trimming helps with insurance claims and makes our streets safer. Sports and SportsPlex — Bob Etringer Our Youth Basketball programs began this past weekend for 4th -6th grades. Our 2nd and 3rd grade Basketball program will kick off this coming weekend. Adult Volleyball league will finish up before the holiday. SportsPlex — Mark is attending a construction meeting this morning trying to determine an opening date. There is substantial progress with full crews working. Three new fulltime appointments are on the agenda for Dec. 16th Council Meeting. Approx. 60 part time staff are receiving training for procedures and also training from Human Rights, Police and Fire Departments. Facilities/ Projects – Travis Nichols Crews are working on replacing dugouts at Hellman Field. They have replaced the decking boards on the bridge in the Greenbelt. They're working on misc. playground equipment repairs and misc. indoor repairs as they move to inside work. Goff and Downtown Area Phase III Byrnes Drainage Project is almost completed. A few low spots will be replaced in the spring. Approximately 90 2014 season golf passes have been sold through November. Courses are not open at this time. The Storm Sewer Project at S. Hills was started last week. The next regular Leisure Services Commission Meeting will be held on Tuesday, January 14, 2014. We may be able to meet in the new board room at the new SportsPlex. Motion by Koch-Hoth, seconded by Samec to adjourn. Meeting adjourned at 7:57 AM. Signed this 14th day of January, 2014. Sharon S419\0'"vjk"—`-' amec, Secr tary Prepared by: Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A021014 February 3, 2014 Vendor No. Batch No. Keyed By: Vendor Aspro Department Engineering Department Address Grant/Project Code # City & State ************************************* Invoice Date Invoice No. Qty/Unit Amount Description G/L Distribution 01/29/14 EST # 32 $293,729.29 F.Y 2012 Street Reconstruction Cont 819 205-07-7500-2165 RETAINAGE 64,316.67 Sewer 520-14-5200-2165 1,071.14 Bond Funds 408-07-7500-2165 FINAL RETAINAGE Special Instructions: SUB fitted By Total $359,117.10 2/3/14 Date Approved By: F.Y. 2012 STREET RECONSTRUCTION PROGRAM - CONTRACT NO. 819 PAY ESTIMATE NO. 32 - RETAINAGE 2000 BLOCK 1700 & 3000 1200 & 1400 BID ITEM DESCRIPTION UNIT ASPRO DAWSON KERN LAFAYETTE MAYNARD MITCHELL NINTH, W. RIDGEWAY, E. SHUKEI UNIV. F. RD HAMMOND RIDGEWAY, E MAYNARD !NTS. TOTAL TOTAL UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY $ DIVISION I BASE BID - SECTION I 1 CONSTRUCT, MAINTAIN, REMOVE TEMPORARY ACCESS AND REST SY $59.40 0.0 0.0 0.0 0.0 0.0 0.0 55.6 0.0 45.8 36.7 0.0 0.0 138.1 $8,203.14 2 MISC. HMA, 3", 1M S 1/2", 60% CR SY $48.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 155.2 0.0 0.0 0.0 155.2 $7,527.20 3 MISC. HMA, 1 1/2", 3M S 1/2", 75% CR TON $205.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 4 REMOVE AND REPLACE MISC. 9" HMA SY $121.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 28.3 60.2 0.0 88.5 $10,752.75 5 REMOVE AND REPLACE MISC. 10.5" HMA SY $143.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 14.0 0.0 0.0 14.0 $2,002.00 6 REMOVE AND REPLACE MISC. CURB AND GUTTER, 24" X 9" PCC, C LF $55.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 61.6 0.0 61.6 $3,388.00 6A REMOVE AND REPLACE MISC. CURB AND GUTTER, 24" X 6" PCC, LF $53.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 7 REMOVE AND REPLACE MISC. 6" PCC, C-4 SY $60.00 30.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 30.1 $1,806.00 8 REMOVE AND REPLACE MISC. 4" HMA OVER 7" PCC, M-4 SY $126.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 9 REMOVE/REPLACE MISC. SEALCOAT W/ 2" HMA SY $42.25 0.0 0.0 93.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 93.3 $3,941.93 10 ACC DRIVEWAY APPROACH TON $165.00 4.7 0.0 3.5 0.0 0.0 0.0 21.5 0.0 0.0 6.9 0.0 0.0 36.6 $6,039.00 11 DRIVEWAY APPROACH AND S/W, 7" PCC, C-4 SY $41.50 0.0 0.0 0.0 0.0 0.0 0.0 244.0 0.0 0.0 0.0 0.0 0.0 244.0 $10,126.00 12 DRIVEWAY APPROACH AND S/W, 6" PCC, C-4 SY $40.50 78.0 60.9 258.1 0.0 0.0 545.8 36.4 107.1 722.0 0.0 0.0 0.0 1808.3 $73,236.15 13 DRIVEWAY APPROACH AND S/W, 5" PCC, C-4 SY $39.75 437.5 136.9 51.3 160.0 613.4 212.8 0.0 0.0 127.7 146.6 168.5 0.0 2054.7 $81,674.33 14 SIDEWALK, 4" PCC, C-4 SY $38.65 324.2 24.9 203.4 0.0 9.8 292.8 0.0 0.0 30.1 0.0 0.0 0.0 885.2 $34,212.98 15 PEDESTRIAN RAMP, PCC SIDEWALK, 6" PCC, C-4 SY $41.90 141.6 72.2 267.4 0.0 0.0 294.6 0.0 0.0 0.0 0.0 0.0 0.0 775.8 $32,506.02 16 PEDESTRIAN RAMP DETECTABLE WARNING SURFACE SF $34.50 192.0 96.0 348.0 0.0 0.0 360.0 0.0 0.0 0.0 0.0 0.0 0.0 996.0 $34,362.00 17 CONCRETE PAVEMENT REMOVAL SY $4.15 0.0 2104.0 14410.6 2301.0 2388.2 9398.1 2343.7 1262.7 9963.6 1421.5 1407.7 0.0 47001.1 $195,054.57 18 ASPHALT PAVEMENT REMOVAL SY $4.15 8872.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 8872.3 $36,820.05 19 SIDEWALK AND DRIVEWAY REMOVAL SY $4.15 1006.4 338.3 963.6 157.1 602.2 1670.8 407.4 29.5 1099.4 139.5 182.4 3.3 6599.9 $27,389.59 20 SAW CUT LF $4.25 233.0 0.0 488.5 236.0 106.0 149.0 270.0 0.0 403.0 0.0 320.0 0.0 2205.5 $9,373.38 21 GEOGRID SY $4.50 0.0 465.0 0.0 1144.0 0.0 231.1 2665.6 0.0 5050.1 975.0 0.0 0.0 10530.8 $47,388.60 22 WOVEN GEOTEXTILE SY $4.50 0.0 0.0 0.0 1240.4 2565.0 1005.0 0.0 0.0 3428.3 0.0 0.0 0.0 8238.7 $37,074.15 23 MODIFIED SUBBASE TON $21.00 4904.92 1115.85 8246.02 1594.54 1904.59 8222.79 1860.77 782.92 6699.62 554.85 1137.79 0.00 37024.66 $777,517.86 24 SPECIAL BACKFILL SUBBASE TON $19.25 0.0 0.0 42.8 0.0 0.0 0.0 0.0 0.0 841.34 0.00 0.0 0.0 884.15 $17,019.89 25 RECYLED ASPHALT PAVING TON $48.00 0.00 0.00 34.03 0.00 0.00 0.00 30.62 0.00 0.00 0.00 0.00 0.00 64.65 $3,103.20 26 ROADSTONE, 3/4" TON $48.00 20.26 0.00 27.33 0.00 0.00 27.85 0.00 0.00 25.69 0.00 3.64 0.00 104.77 $5,028.96 27 DRAIN TILE, 6" LF $9.90 5108.0 1236.0 4516.0 1294.0 1706.0 3828.0 0.0 530.0 854.0 0.0 0.0 0.0 19072.0 $188,812.80 28 DRAIN TILE, 4" LF $8.45 0.0 0.0 818.0 50.0 30.0 1312.0 1698.0 263.0 4434.0 104.0 807.0 0.0 9516.0 $80,410.20 29 DRAIN TILE STUB, 4" LF $18.40 420.0 88.0 205.0 35.0 170.0 115.0 0.0 0.0 45.0 0.0 0.0 0.0 1078.0 $19,835.20 30 DRAIN TILE TAP AND COLLAR EACH $200.00 0.0 2.0 0.0 2.0 0.0 3.0 2.0 2.0 11.0 0.0 0.0 0.0 22.0 $4,400.00 31 RF -19C, INLET OUTLET DETAIL (RODENT GUARD) EACH $105.00 49.0 14.0 12.0 8.0 2.0 24.0 6.0 2.0 13.0 2.0 7.0 0.0 139.0 $14,595.00 32 CONVERT WATER VALVE MANHOLE TO ROADBOX EACH $510.00 0.0 0.0 3.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 5.0 $2,550.00 33 WATER SERVICE CORPORATION, 3/4" EACH $42.00 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $42.00 34 WATER SERVICE CURB STOP, 3/4" EACH $150.00 0.0 0.0 12.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 14.0 $2,100.00 35 WATER SERVICE PAVE BOX, 3/4" EACH $150.00 0.0 0.0 14.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 16.0 $2,400.00 36 COPPER WATER SERVICE, 3/4" LF $21.95 0.0 0.0 368.0 0.0 63.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 431.0 $9,460.45 37 WATER SERVICE CORPORATION, 1" EACH $50.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 38 WATER SERVICE CURB STOP, 1" EACH $200.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 39 WATER SERVICE PAVE BOX, 1" EACH $200.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 40 COPPER WATER SERVICE, 1" LF $23.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 41 WATER SERVICE KILL EACH $375.00 1.0 0.0 3.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 4.0 $1,500.00 42 WATER SERVICE TAP, 3/4" OR 1" EACH $110.00 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 $220.00 43 LOWER WATER SERVICE, 3/4" OR 1" EACH $750.00 1.0 0.0 0.0 0.0 9.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 10.0 $7,500.00 44 UNDERGROUND INVESTIGATION -WATER EACH $325.00 2.0 0.0 5.0 0.0 9.0 0.0 0.0 0.0 2.0 0.0 1.0 0.0 19.0 $6,175.00 45 TOPSOIL, 4" SY $16.75 1300.0 288.0 1691.0 303.0 425.0 1490.0 1050.0 222.0 1468.0 267.0 196.0 40.0 8740.0 $146,395.00 46 HYDROSEED SY $3.00 0.0 0.0 812.7 0.0 0.0 1550.1 0.0 0.0 1963.1 0.0 0.0 0.0 4325.9 $12,977.70 47 TOPSOIL REMOVAL FROM PARKING, EARTHWORK SY $10.40 837.5 0.0 1938.7 0.0 0.0 3175.0 0.0 0.0 0.0 0.0 0.0 0.0 5951.2 $61,892.48 48 CONSTRUCTION SURVEY LS $66,900.00 0.12 0.05 0.25 0.05 0.05 0.20 0.04 0.02 0.12 0.05 0.05 0.00 1.00 $66,900.00 2002 ADDITIONAL CONSTRUCTION SURVEY LS $370.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 $370.00 49 TRAFFIC CONTROL LS $57,000.00 0.12 0.05 0.25 0.05 0.05 0.20 0.04 0.02 0.12 0.05 0.05 0.00 1.00 $57,000.00 50 DETOUR ROUTE - W. 9th ST. LS $2,000.00 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $2,000.00 51 DETOUR ROUTE - HAMMOND AVE. LS $2,000.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 1.0 $2,000.00 52 DETOUR ROUTE - E. MITCHELL AVE. LS $2,000.00 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $2,000.00 53 DETOUR ROUTE - E. RIDGEWAY AVE. LS $2,000.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 1.0 $2,000.00 54 DETOUR ROUTE - SAGER AVE. LS $2,000.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 1.0 $2,000.00 55 PAINTED PAVEMENT MARKING, WATER BASED STA $50.00 3.42 0.00 55.08 0.00 0.00 12.10 0.00 0.00 2.54 15.34 17.20 0.00 105.68 $5,284.00 56 PAVEMENT MARKING, SYMBOL OR LEGEND EACH $75.00 0.0 0.0 37.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 39.0 $2,925.00 57 RAILROAD PROTECTIVE INSURANCE, ETC. LS $16,100.00 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $16,100.00 TOTAL BASE BID - DIVISION I SECTION I $2,185,392.55 Page - 1 F.Y. 2012 STREET RECONSTRUCTION PROGRAM - CONTRACT NO. 819 PAY ESTIMATE NO. 32 - RETAINAGE - 2000 BLOCK 1700 & 3000 1200 & 1400 UNIT ASPRO DAWSON KERN LAFAYETTE MAYNARD MITCHELL NINTH, W. RIDGEWAY, E. SHUKEI UNIV. F. RD HAMMOND RIDGEWAY, E MAYNARD INTS. TOTAL TOTAL DIVISION I BASE BID - SECTION II UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY $ 58 STORM SEWER, 2000D, 48" LF $152.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 59 STORM SEWER, 2000D, 36" LF $74.00 0.0 0.0 0.0 0.0 0.0 379.0 0.0 0.0 0.0 0.0 0.0 0.0 379.0 $28,046.00 60 STORM SEWER, 2000D, 30" LF $65.00 0.0 0.0 0.0 0.0 0.0 386.5 0.0 0.0 0.0 0.0 0.0 0.0 386.5 $25,122.50 60A STORM SEWER, 2000D, 27" LF $57.90 0.0 10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 10.0 $579.00 61 STORM SEWER, 2000D, 24" LF $54.55 50.0 0.0 0.0 0.0 508.0 128.5 0.0 0.0 0.0 0.0 0.0 0.0 686.5 $37,448.58 62 STORM SEWER, 2000D, 21" LF $49.70 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 63 STORM SEWER, 20000, 18" LF $40.70 0.0 16.0 18.5 0.0 323.0 834.0 47.0 0.0 0.0 33.0 0.0 0.0 1,271.5 $51,750.05 64 STORM SEWER, 2000D, 15" LF $36.65 0.0 0.0 26.0 0.0 0.0 144.5 0.0 0.0 0.0 0.0 0.0 0.0 170.5 $6,248.83 65 STORM SEWER, 2000D, 12" LF $35.15 1705.8 217.0 389.5 20.0 18.0 314.0 0.0 0.0 45.0 27.0 37.5 0.0 2,773.8 $97,499.07 66 FLARED END SECTION, 18" RCP W/ 3 TIED JOINTS EACH $1,395.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 67 STORM MANHOLE, TYPE A, 48" EACH $3,395.00 7.0 6.0 3.0 0.0 2.0 12.0 0.0 0.0 0.0 2.0 4.0 0.0 36.0 $122,220.00 68 STORM MANHOLE, TYPE A, 60" EACH $4,250.00 0.0 0.0 0.0 0.0 0.0 5.0 0.0 0.0 0.0 0.0 0.0 0.0 5.0 $21,250.00 69 RA -49 STORM SEWER MANHOLE EACH $3,295.00 9.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 9.5 $31,302.50 70 SW -402 RECTANGULAR STORM MANHOLE EACH $4,500.00 0.0 0.0 0.0 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 $9,000.00 71 SW -513 OPEN SIDED AREA INTAKE EACH $4,275.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 72 REMOVE EXISTING STRUCTURE EACH $525.00 29.0 15.0 24.0 3.0 0.0 29.0 0.0 0.0 1.0 3.0 10.0 0.0 114.0 $59,850.00 72A REMOVE STORM SEWER PIPE LESS THAN 36" EACH $8.50 667.0 0.0 0.0 0.0 0.0 1179.0 0.0 0.0 0.0 0.0 0.0 0.0 1,846.0 $15,691.00 73 TYPE E -1-C INLET EACH $2,000.00 25.0 11.0 4.0 3.0 2.0 6.0 0.0 0.0 1.0 0.0 0.0 0.0 52.0 $104,000.00 74 TYPE E -2-C INLET EACH $2,995.00 0.0 0.0 0.0 1.0 0.0 11.0 2.0 0.0 0.0 0.0 5.0 0.0 19.0 $56,905.00 75 TYPE E -3-C INLET EACH $3,995.00 0.0 0.0 0.0 0.0 0.0 7.0 0.0 0.0 0.0 0.0 0.0 0.0 7.0 $27,965.00 76 TYPE E -1-C INLET, USE EXISTING CASTING EACH $1,655.00 0.0 0.0 11.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 11.0 $18,205.00 77 TYPE E -2-C INLET, USE EXISTING CASTING EACH $2,232.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 78 MODIFIED TYPE E -1-C INLET EACH $3,695.00 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $3,695.00 79 MODIFIED TYPE E -1-C INLET, USE EXISTING CASTING EACH $3,350.00 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $3,350.00 80 REM/REPL INLET BOXOUT, E -1-C EACH $850.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 2.0 0.0 0.0 5.0 $4,250.00 81 REM/REPL INLET BOXOUT, E -2-C EACH $950.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 1.0 $950.00 82 REM/REPL INLET BOXOUT & TOP, MODIFIED E -1-C EACH $2,750.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 83 REM/REPL INSERT, RA -3 EACH $1,750.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7.0 0.0 0.0 0.0 7.0 $12,250.00 84 REM/REPL INSERT, RA -6, USE EXISTING CASTING EACH $2,325.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 1.0 $2,325.00 1001 REBUILD RA TYPE INLET TOP EACH $2,475.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 0.0 0.0 0.0 3.0 $7,425.00 85 TAP AND COLLAR STRUCTURE OR PIPE EACH $1,275.00 0.5 0.0 4.0 0.0 0.0 2.0 1.0 0.0 0.0 0.0 0.0 0.0 7.5 $9,562.50 86 INSULATE EXISTING COPPER WATER SERVICE LS $200.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 87 IN LINE CHECK VALVE FOR 36" RCP, 2000D; FURNISH AND INSTALL LS $10,899.00 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $10,899.00 88 STORM WATER PROTECTION FOR STRUCTURES EACH $332.88 49.0 24.0 5.0 0.0 2.0 24.0 0.0 2.0 13.0 2.0 0.0 1.0 122.0 $40,611.36 TOTAL BASE BID - DIVISION I SECTION II $808,400.38 BID ITEM DESCRIPTION UNIT ASPRO DAWSON KERN LAFAYETTE MAYNARD MITCHELL NINTH, W. RIDGEWAY, E. SHUKEI UNIV. F. RD HAMMOND RIDGEWAY, E. MAYNARD INTS. TOTAL TOTAL DIVISION I BASE BID - SECTION III UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY $ 89 RECONSTRUCT SANITARY SEWER, 24" LF $90.00 0.0 0.0 0.0 0.0 0.0 824.5 0.0 0.0 0.0 0.0 0.0 0.0 824.5 $74,205.00 90 RECONSTRUCT SANITARY SEWER, 21" LF $110.00 0.0 0.0 0.0 0.0 0.0 222.5 0.0 0.0 0.0 0.0 0.0 0.0 222.5 $24,475.00 91 RECONSTRUCT SANITARY SEWER, 18" LF $78.50 0.0 0.0 572.0 0.0 0.0 1346.0 0.0 0.0 0.0 0.0 0.0 0.0 1918.0 $150,563.00 92 RECONSTRUCT SANITARY SEWER, 15" LF $73.00 676.0 48.0 0.0 0.0 0.0 121.0 0.0 0.0 0.0 0.0 0.0 0.0 845.0 $61,685.00 93 RECONSTRUCT SANITARY SEWER, 12" LF $69.00 1726.0 51.0 74.0 0.0 0.0 765.5 0.0 0.0 0.0 0.0 0.0 0.0 2616.5 $180,538.50 94 RECONSTRUCT SANITARY SEWER, 10" LF $123.00 124.0 0.0 99.3 0.0 0.0 98.5 0.0 0.0 0.0 0.0 0.0 0.0 321.8 $39,581.40 95 RECONSTRUCT SANITARY SEWER, 8" LF $105.00 0.0 0.0 195.0 0.0 0.0 138.0 0.0 0.0 0.0 0.0 0.0 0.0 333.0 $34,965.00 2001 REMOVE SANITARY SEWER PIPE LESS THAN 36" EACH $8.50 0.0 0.0 0.0 0.0 0.0 1050.8 0.0 0.0 0.0 0.0 0.0 0.0 1,050.8 $8,931.80 96 CIPP SANITARY SEWER, 36" LF $125.00 0.0 0.0 403.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 403.4 $50,425.00 97 CIPP SANITARY SEWER, 30" LF $180.00 0.0 0.0 66.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 66.7 $12,006.00 98 CIPP SANITARY SEWER, 20" LF $90.00 0.0 0.0 1041.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1041.4 $93,726.00 98A CIPP SANITARY SEWER, 18" LF $86.00 0.0 0.0 821.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 821.1 $70,614.60 99 CIPP SANITARY SEWER, 12" LF $39.00 0.0 0.0 414.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 414.0 $16,146.00 100 SANITARY SEWER SERVICE, 6" LF $43.50 1528.0 32.0 288.0 0.0 0.0 171.0 0.0 0.0 0.0 0.0 0.0 0.0 2019.0 $87,826.50 100A REHABILITATE SANITARY SEWER CONNECTION AND 5' LATERAL EACH $4,000.00 0.0 0.0 27.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 27.0 $108,000.00 1008 REHABILITATE SANITARY SEWER LATERAL GREATER THAN 5' LF $60.00 0.0 0.0 653.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 653.3 $39,195.00 100C INSTALL HYDRO EXCAVATION CLEANOUT EACH $1,895.00 0.0 0.0 28.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 28.0 $53,060.00 101 STANDARD SANITARY MANHOLE, 48" EACH $4,350.00 11.0 1.0 1.0 0.0 0.0 15.0 0.0 0.0 0.0 0.0 0.0 0.0 28.0 $121,800.00 102 STANDARD SANITARY MANHOLE, 60" EACH $6,300.00 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $6,300.00 103 SANITARY MANHOLE REHABILITATION VF $300.00 0.0 0.0 111.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 111.1 $33,330.00 104 FURNISH AND INSTALL RUBBER CHIMNEY SEAL EACH $650.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 105 REMOVE EXISTING STRUCTURE, SANITARY MANHOLE EACH $300.00 10.0 1.0 3.0 0.0 0.0 17.0 0.0 0.0 0.0 0.0 0.0 0.0 31.0 $9,300.00 1002 STRUCTURE ADJUSTMENT EACH $1,650.00 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 $3,300.00 106 TRACE SANITARY SEWER SERVICE EACH $400.00 0.0 0.0 15.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 15.0 $6,000.00 107 DYE TEST INVESTIGATION EACH $175.00 3.0 0.0 4.0 0.0 0.0 9.0 0.0 0.0 0.0 0.0 0.0 0.0 16.0 $2,800.00 108 UNDERGROUND INVESTIGATION -SANITARY EACH $410.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 3001 SANITARY MANHOLE REHABILITATION - USE STRONG SEAL MS2C VF ($45.00) 0.0 0.0 80.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 80.9 ($3,640.50) 4001 SANITARY SEWER SERVICE REINSTATEMENT PdO')'AL EACH $400.00 0.0 0.0 3.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 $1,200.00 BASE BID - DIVISION I SECTION III $1,286,333.30 F.Y. 2012 STREET RECONSTRUCTION PROGRAM - CONTRACT NO. 819 PAY ESTIMATE NO.32 - RETAINAGE ( UNIT ASPRO DAWSON KERN LAFAYETTE MAYNARD MITCHELL QTY NINTH, W. QTY RIDGEWAY, E. QTY SHUKEI QTY UNIV. F. RD OTY HAMMOND QTY RIDGEWAY, E QTY MAYNARD INTS. QTY TOTAL QTY DIVISION 1 BASE BID - SECTION IV - MAYNARD INTERSECTIONS UNIT $ QTY QTY QTY QTY 109 SAWING LF $4.25 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 0.0 188.1 188.1 $799.43 110 PAVEMENT REMOVAL SY $4.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 71.1 71.1 $319.95 111 MISC. PCC PAVEMENT, 10" C-4 SY $75.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 87.3 1.0 87.3 1.0 $6,547.50 $5,395.00 112 REMOVE RA -3 TOP, CONST TOP WITH FRAME AND GRATE LS $5,395.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 113 SIDEWALK, PCC, 6" SY $100.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 27.5 27.5 $2,750.00 114 DETECTABLE WARNING SURFACE SF $34.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 8.0 8.0 $276.00 115 EXCAVATION/GRADING LS $2,500.00 $21.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 1.0 0.0 $2,500.00 $0.00 116 MODIFIED SUBBASE TON 117 TOPSOIL, 4" SY $16.75 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 20.0 20.0 $335.00 118 HYDROSEEDING SY $3.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 119 TRAFFIC CONTROL LS $2,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 1.0 $2,500.00 TOTAL BASE BID - DIVISION I SECTION IV $21,422.88 2000 BLOCK 1700 & 3000 1200 & 1400 BID ITEM DESCRIPTION UNIT ENGR. EST DAWSON KERN LAFAYETTE MAYNARD MITCHELL NINTH, W. RIDGEWAY, E. SHUKEI UNIV. F. RD HAMMOND RIDGEWAY, E QTY MAYNARD INTS. QTY TOTAL TOTAL OW $ ALTERNATE A UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY 1A 12", HMA 1M S 1/2", 60% CR SY $10.50 7700.0 1822.0 0.0 2061.6 0.0 0.0 0.01 1106.8 0.0 0.0 0.0 0.0 12690.4 $133,249.20 2A 2 1/2", HMA 1M 13/4", 60% CR SY $11.40 7700.0 1822.0 0.0 2061.6 0.0 0.0 0.0 1106.8 0.0 0.0 0.0 0.0 12690.4 $144,670.56 3A 3", HMA 1M B 3/4", 60% CR SY $11.90 7700.0 1822.0 0.0 2061.6 0.0 0.0 0.0 1106.8 0.0 0.0 0.0 0.0 12690.4 $151,015.76 4A 2", HMA 3M S 1/2", 75% CR SY $10.70 0.0 0.0 13104.0 0.0 2007.9 8209.8 1968.7 0.0 8758.2 1203.3 3724.1 0.0 38976.0 $417,043.20 5A 4", HMA 3M 13/4", 75% CR SY $18.70 0.0 0.0 0.0 0.0 2007.9 8209.8 0.0 0.0 8758.2 0.0 0.0 0.0 18975.91 $354,849.33 6A 5 1/2", HMA 3M 13/4", 75% CR SY $25.50 0.0 0.0 13104.0 0.0 0.0 0.0 1968.7 0.0 0.0 1203.3 1241.1 0.0 17517.11 $446,686.05 7A 3", HMA 3M B 3/4", 75% CR SY $12.05 0.0 0.0 13104.0 0.0 2007.9 8209.8 1968.7 0.01 8758.2 1203.3 1241.1 0.0 36493.0 $439,740.65 8A CURB AND GUTTER, PCC, C-4, 24" WIDE, 7 1/2" THICK LF $12.35 5060.0 1280.5 0.0 1090.0 0.0 0.0 0.0 700.0 0.0 0.1 0.0 0.0 8130.6 $100,412.91 9A CURB AND GUTTER, PCC, C-4, 24" WIDE, 9" THICK LF $14.20 0.0 0.0 0.0 0.0 1681.0 4920.0 0.0 0.0 5347.0 0.0 0.0 0.0 11948.0 $169,661.60 10A CURB AND GUTTER, PCC, C-4, 24" WIDE, 10.5" THICK LF $15.25 0.0 0.0 5895.0 0.0 0.0 0.0 1750.0 0.0 0.0 824.5 776.0 0.0 9245.5 $140,993.88 11A SPEED HUMP, PER DETAIL LS $3,500.00 1.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 $7,000.00 12A RAILROAD CROSSING APPROACH, HMA DETAIL SY $65.00 38.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 38.0 $2,470.00 13A COLD WEATHER CONCRETE PROTECTION SY $3.50 0.01 2.0 54.0 165.7 0.0 138.3 0.0 0.0 0.0 0.0 0.0 0.0 360.0 $1,260.00 14A (LINSEED OIL TREATMENT SY $3.75 0.0 0.0 484.6 108.9 0.0 545.1 0.0 0.0 0.0 141.8 0.0 0.0 1280.4 $4,801.50 15A PAVEMENT SCARIFICATION SY $6.00 I 0.0 0.0 0.0 0.0 0.0 368.7 0.0 0.0 0.0 0.0 2483.0 0.01 2851.7 $17,110.20 16A PAVEMENT SAMPLES AND TESTING LS $2,500.00 0.12 0.05 0.25 0.05 0.05 0.20 0.041 0.021 0.12 0.05 0.05 0.00 1.00 $2,500.00 17A EXCAVATION Cy I $10.50 2235.0 600.0 2580.0 688.2 877.0 3191.0 1121.0 335.2 2575.6 342.0 473.7 0.0 15018.7 $157,696.35 TOTAL ALTERNATE A $2,691,161.19 I DIVISION I BASE BID - SECTIONS I AND 11 + ALTERNATE A I $5,684,954.11 DIVISION II- WATER MAIN ASPRO EST. I QTY QTY QTY I ESTIMATED DIVISION II (WATER MAIN) I I $189,631.70 ITEM 'DESCRIPTION UNIT UNIT $ QTY I THIS EST PREV. PAID TO DATE 1 TOTAL COST SUBTOTALI $5,874,585.81 1. Ductile iron water main, 12 -inch dia., Class 52 L.F. $70.50 495.0 0.0 515.0 515.0 $36,307.50 LESS 0% RETAINAGE $0.00 2 Ductile iron water main, 6 -inch dia., Class 52 L.F. $52.501 1,120.0 0.01 1,287.01 1,287.0 $67,567.50 SUBTOTAL ( $5,874,585.81 3 Ductile iron water main removal L.F. I $11.00 902.0 0.0 708.0 708.0 $7,788.00 LESS AMOUNT PREVIOUSLY PAID $5,580,856.52 4 Gate valve and box, 12 -inch dia. EACH $2,720.00 1.0 0.0 0.0 0.0 $0.00 AMOUNT DUE THIS ESTIMATE FROM LOCAL OPTION FUNDS $293,729.29 5 Gate valve and box, 10 -inch dia. EACH $2,335.00 1.0 0.0 1.0 1.0 $2,335.00 6 Gate valve and box, 6 -inch dia. EACH $1,515.00 4.0 0.0 4.0 4.0 $6,060.00 7 Tee, 12 -inch X 10 -inch dia. locking EACH $690.00 1.0 0.0 1.0 1.0 $690.00 DIVISION I - SECTION III $1,286,333.30 8 Tee, 12 -inch X 6 -inch dia. Locking EACH $610.00 1.0 0.0 1.0 1.0 $610.00 LESS 0% RETAINAGE $0.00 9 Tee. 6 -inch X 6 -inch dia. EACH $360.00 2.0 0.0 2.0 2.0 $720.00 SUBTOTAL I I $1,286,333.30 ,10 Bend, 12 -inch dia., any degree EACH $380.00 4.0 0.0 3.0 3.0 $1,140.00LESS AMOUNT PREVIOUSLY PAID I $1,222,016.64 11 I Bend, 10 -inch dia., any degree EACH EACH $325.00 1.0 $220.00 4.0 0.0 0.0 0.0 14.0 0.0 14.0 $0.00 $3 080.00 AMOUNT DUE THIS ESTIMATE FROM SEWER I FUNDS $64,316.67 12 Bend, 6 -inch dia., any degree 13 Sleeve, 12 -inch dia. EACHf $365.00. 1.0 0.0 0.0 0.0 $0.00 DIVISION I - SECTION IV $21,422.88 14 Sleeve, 10 -inch dia. EACH $335.00 1.0 0.0 2.0 2.0 $670.00 LESS 0% RETAINAGE $0.00 15 Sleeve, 6 -Inch dia. EACH $250.00 3.0 0.0 6.0 6.0 $1,500.00 SUBTOTAL ( $21,422.88 16 Megalugs, 12 -inch dia. EACH $175.00 10.0 0.0 10.0 0.0 10.0 0.0 $1,750.00 $0.00 LESS AMOUNT AMOUNT DUE PREVIOUSLY PAID THIS ESTIMATE FROM BOND FUNDS $20,351.73 $1,071.14 17 Me• alugs, 10 -inch dia. EACH $175.00 5.0 0.0 18 Me. alugs, 6 -inch dia. EACH $130.00 26.0 0.0 45.0 45.0 $5 850.00 1 � I 19 Ca. or Plug, 12 -inch dia. EACH $220.00 2.0 0.0 2.0 2.0 $440.00 FINAL CONTRACT AMOUNT ,�` / / , $7,182,341.99 20 Concrete blocking EACH $350.00 12.0 0.0 9.0 9.0 $3 150.00 - °� 7 21 Hydrant removalfr Y EACH $700.00 6.0 0.0 6.0 6.0 $4 200.00 /!' ,� J' `r.';dJ//1--1 / ! / �- 22 Hydrant assembly EACH $4,355.00 6.0 0.0 6.0 6.0 $26 130.00 IKPPROV.421: : •r : •��.- 1. - BSID)ARIES D TE 23 Temporary PVC water main LF. $20.65 432.0 0.0 298.0 298.0 $6 153.70 _-/M �vTitidkW 24 Removal of temporary PVC surface water main EACH $1,545.00 2.0 0.0 1.0 1.0 $1,545.00 .' 7' I ..- connections to ductile iron water main f/r/ AP' 'i� D BY: - r• WATV. 00, IOWA DATE 25 3/4" Short side water service EACH $1,150.00 3.0 0.0 3.0 3.0 $3 450.00 ,r 26 3/4" Long side water service EACH $1,750.00 2.0 0.0 2.0 2.0 $3 500.00 TOTAL DIVISION II $189 631.70 I 27 1 1/4" Short side water service EACH $1,750.00 1.0 0.0 1.0 1.0 $1 750.00 LESS 0% RETAINAGE $0.00 28 2" Water service to 2046 E. Ridgeway EACH EACH $3,245.00 1.0 $815.00 1.0 0.0 0.0 1.0 0.0 1.0 0.0 $3 245.00 $0.00 SUBTOTAL ( $189,631.70 LESS AMOUNT PREY. PD $180,150.12' I Paad- 3 Offsets, MJxMJ, 6 inch dia. TOTAL DIVISION II $189 631.70 (AMOUNT DUE THIS EST $9,481.58 1 Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A021014 February 3, 2014 Vendor Name Stanley Consultants Inc. Address 100 Court Avenue Suite 300 City & State Des Moines, IA 50309-2200 Invoice Date ************************************* Invoice No. Qty/Unit Department Engineering Grant/Project Code # Amount Description G.L. Distribution Waterloo Stormwater Lift Stations 1/26/14 164854 $15,502.33 Study & Design Phase Westfield Ave, Virden Creek & Vinton 12/1 - 12/29/13 TOTAL 15,502.33 100% Reimburseable 290-07-5300-2104 NOTE: Gary Iverson @ INRCOG is requesting Reimbursement Spe ial Instructions /ft/ )__/_' 0J 2/3/14 Su mitted By Date Approved By Date An Equal Opportunity/Affirmative Action Employer Stanley Consultantsirsic CELEBRATIN/00 ENGINE WORLD /< 1`414'I+l/'^0rt'(,RS 100 Court Avenue, Suite 300 January 22, 2014 Des Moines, IA 50309-2200 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Jamie Knutson; Associate Engineer For: Storm Water Lift Stations, Study & Design Phase Westfield Ave., Virden Creek and Vinton Project No: 23209.01.00 Invoice No: Professional Services from December 01, 2013 to December 28, 2013 Fee Billing Phase Percent Previous Current Fee Complete Earned Billing Billing Westfield Ave 317,333.00 100.00 317,333.00 317,333.00 0.00 Virden Creek 129,161.00 100.00 129,161.00 129,161.00 0.00 Vinton 150,593.00 100.00 150,593.00 150,593.00 0.00 Total Fee 597,087.00 597,087.00 597,087.00 0.00 Total Fee 0164854 0.00 Total this Project 0.00 For: Bidding Phase Billing Limits Current Prior To -Date Total Billings 0.00 11,194.10 11,194.10 Limit 11,194.10 Total this Project 0.00 For: Construction Phase Professional Personnel Hours Rate Amount BC -20 16.00 211.00 3,376.00 BC -19 3.00 200.00 600.00 Project 23209.01.00 WaterlooStormWaterLiftStationsPrelimWork Invoice 0164854 BC -15 3.00 156.00 468.00 BC -09 88.00 97.00 8,536.00 BC -03 .50 51.00 25.50 BC -02 4.50 43.00 193.50 Totals 115.00 13,199.00 Total Labor Reimbursable Expenses Meals 33.37 Telephone 67.20 Lodging 336.00 Equipment & Supplies 20.06 Total Reimbursables 456.63 13,199.00 456.63 Unit Billing Car Mileage - 2WD 1,868.0 Miles @ 0.65 1,214.20 Total Units 1,214.20 1,214.20 Billing Limits Current Prior To -Date Total Billings 14,869.83 198,652.73 213,522.56 Limit 353,956.00 Remaining 140,433.44 Total this Project $14,869.83 For: Subconsultant Fees SubConsultants Subconsultant 12/10/2013 Terracon Consultants Inc 632.50 Total SubConsultants 632.50 632.50 Billing Limits Current Prior To -Date Total Billings 632.50 5,808.50 6,441.00 Limit 22,500.00 Remaining 16,059.00 Total this Project $632.50 For: Stormwater Lift Stations Environmental Monitoring Billing Limits Current Prior To -Date Total Billings 0.00 4,977.51 4,977.51 Limit 5,528.00 Remaining 550.49 Total this Project 0.00 Page 2 Project 23209.01.00 WaterlooStormWaterLiftStationsPrelimWork Invoice 0164854 TOTAL THIS INVOICE If you have any questions regarding this invoice, please contact Dan Fullerton at 515-447-4408 or Amy at 563-264-6419. $15,502.33 b (T5V6A4 Page 3 Storm Water Lift Station Sudy, Design, Bidding and Constructon Services Westfield Avenue, Virden Creek and Vinton/18th Street Waterloo, Iowa Summary Bidding and Construction Phase Compensation Subtotal Fee Current Prior To -Date Westfield $ 212,246.00 $ 5,167.45 $ 113,489.00 $ 118,656.45 Virden $ 57,886.00 $ 5,167.44 $ 9,517.71 $ 14,685.15 Vinton/18th $ 115,770.00 $ 5,167.44 $ 97,626.13 $ 102,793.57 Total Fee $ 385,902.00 $ 15,502.33 $ 220,632.84 $ 236,135.17 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5199 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW ARTICLE B, HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE, OF CHAPTER 3, HUMAN RIGHTS, OF TITLE 5, POLICE REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That a new Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations, is hereby enacted as follows: TITLE 5 CHAPTER 3 HUMAN RIGHTS ARTICLE B. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE 5-3B-1: DEFINITIONS AFFILIATED INDIVIDUAL: Means, with respect to an individual: (A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis; or (B) any individual, tenant, or lawful occupant living in the household of that individual. BIFURCATE: Means to divide the lease as a matter of law so that certain tenants can be evicted or removed while the remaining tenant's or family member's lease and occupancy rights are allowed to remain intact. DATING VIOLENCE: Means felony or misdemeanor crimes of violence committed: (A) by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. DOMESTIC VIOLENCE: Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Iowa or the City of Waterloo, or by any other person against an adult or youth victim who is protected from that person's Ordinance No. 5199 Page 2 acts under the domestic or family violence laws of the State of Iowa or the City of Waterloo. IMMEDIATE FAMILY MEMBER: Means, with respect to a person: (A) a spouse, parent, brother, sister, or child of the person, or an individual to whom that person stands in loco parentis (in place of a parent); or (B) any other person living in the household of that person and related to that person by blood, marriage or adoption. LANDLORD: Any person or entity who owns, manages, or makes decisions regarding tenant matters for residential rental property within the City of Waterloo. SEXUAL ASSAULT: Refers generally to any crime in which the offender subjects the victim to sexual touching that is unwanted and offensive, including but not limited to sexual groping, sexual assault or battery, and attempted rape. STALKING: Means (A) (i) to follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or (ii) to place under surveillance with the intent to kill, injure, harass, or intimidate another person; and (B) in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (i) that person; (ii) an immediate family member of that person; or (iii) the spouse or intimate partner of that person. 5-3B-2: PROHIBITED ACTS BY LANDLORDS It shall be unlawful for any landlord to do any of the following, except as otherwise provided in this Code: A. Decline a rental application of a potential tenant, or evict a current tenant, occupant or affiliated individual, for any grounds related to said person being a victim of domestic violence, dating violence, sexual violence or stalking. B. Construe any incident or incidents of actual or threatened domestic violence, dating violence, sexual violence or stalking to be a serious or repeated violation of the lease, or as otherwise "good cause" for terminating the tenancy or occupancy rights of the victim of abuse, provided that the victim has complied with the requirements for gaining the protections afforded by Iowa Code section 562A.27 or has complied with section 3 of this Article. C. Terminate the tenancy or occupancy rights of a victim due to criminal activity directly related to the domestic violence, dating violence, sexual violence or stalking of which such person is the victim, even if the criminal activity is engaged in by a member of a tenant's household or any guest or other person under the tenant's control, provided that the victim has complied with the requirements for gaining the protections afforded by Iowa Code section 562A.27 or has complied with section 3 of this Article. Ordinance No. 5199 Page 3 5-3B-3: CERTIFICATION OF VICTIM STATUS A. In response to an incident of actual or threatened domestic violence, dating violence, sexual violence or stalking that could potentially have an impact on a person's occupancy rights, the landlord may request in writing that the tenant or victim complete, sign, and within fourteen (14) business days submit a written certification, signed under penalty of perjury, which answers the following questions: 1. Date written request is received from owner or management agent; 2. Name of victim; 3. Name of person completing certification, if different; 4. Name(s) of other family members listed on the lease; 5. Name of the abuser and relationship of the abuser to the victim; 6. Date, time and location of incident; and 7. A description of the incident. B. Alternatively, landlords may choose to forego the certification in subsection A and, at his or her discretion, provide assistance to tenants, occupants, affiliated individuals or prospective tenants based solely on the person's statement or other corroborating evidence, without any official documentation or physical proof. 5-3B-4: LEASE BIFURCATION If the domestic violence, dating violence, sexual violence or stalking is being committed by a cotenant of the victim, a landlord may bifurcate the lease to remove the offender while still allowing the victim to remain a tenant or occupant in the residence. 5-3B-5: RIGHTS AND RESPONSIBILITIES OF TENANTS A. For any tenant, occupant or prospective tenant to be eligible for the protections described in this Article, he or she must fully comply with any requirements imposed by a landlord under section 5-3B-3. B. A person's status as a victim under this Article does not preclude said tenant, occupant or affiliated individual from eviction from his or her residence for any reason. Specifically, a victim can still face eviction for reasons including, but not limited to: 1. Engaging in criminal activity apart from the domestic violence, dating violence, sexual violence or stalking at issue in this Article; Ordinance No. 5199 Page 4 2. Posing an actual and imminent threat to other tenants or those employed at or providing services to the property; 3. Violating any term or provision of the lease agreement, provided that the reason for the violation of the term or provision is not directly related to the person's victimization by domestic violence, dating violence, sexual violence or stalking. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: February 10, 2014 February 10, 2014 February 10, 2014 February 10, 2014 PASSED AND ADOPTED this 10th day of February, 2014. ATTEST: Suzy Sci cares, CMC City Clerk aGe.44-1 Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5199 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 10th day of February, 2014. Witness my hand and seal of office this 10th day of February, 2014. SEAL Suzy SO:res, CMC City Cle k STATE OF IOWA, Black Hawk County, SS ORDINANCE NO. 5199 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW ARTICLE B, HOUSING PROTEC- TIONS FOR VICTIMS OF DOMESTIC VIOLENCE, OF CHAPTER 3, HUMAN RIGHTS, OF TITLE 5, POLICE REGULA- TIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY. OF WATER- LOO, IOWA: That a new Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations, is hereby enacted as follows: • TITLE 5 CHAPTER 3 HUMAN RIGHTS ARTICLE B. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIO- LENCE 5 -3B -I: DEFINITIONS AFFILIATED INDIVIDUAL: Means, with respect to an individual: (A) a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis; or (B) any individual, tenant, or lawful occupant living in the household of that individual. BIFURCATE: Means.to divide the lease as a matter of law so that certain tenants can be evicted or removed while the remaining tenant's or family member's lease and occupancy rights are allowed to remain intact. DATING VIOLENCE: Means felony or misdemeanor crimes of violence commit- ted: (A) by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and (B) where the existence of such a relationship shall be determined based on a consider- ation of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship. DOMESTIC VIOLENCE: Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Iowa or the City of Waterloo, or by any other person certification, signed under panalty of against an adult or youth victim who is perjury, which answers the following protected from that person's acts unr<+fra+,4541 atte1f`;,..0r-j '4tJ - "a ,W„vuv .z....., the domestic or family violence Iaws:E -nu pun :wags;Aef3 o1Z pue peoa aa¢ the State of Iowa or the City of Waterloi� -.1erie l Z10tr'enuawy aouepuadapul gLEn m IMMEDIATE FAMILY MEMBER: Meal” 'enueny eauepuadepuf L91.9enuenk with respect to a person: (A) a spoufq poomspe19 001 leajtS aleMS 605' law/Ea- parent, 4Ea- parent, brother, sister, or child of to ufaour't E101 'rags tegeo1 0Z9 10049 person, or an individual to whom tl'l1 gYiwS al `lealtS aBello0 0e9 1.1.8°4),:j, person stands in loco parentis (in place urpfueld L9 'la9j4S € elu!A 14L 'anuany a parent); or (B) any other person living ujogjue© b£l `leellS Ajje40 9Zir `laet4S�f the household of that person and relatldd uosmec 0Zb 'wags uoxes 904 `laeJ45 to that person by blood, marriage 0 AtjaglniN 8L6 `la9jl, puowfy 9Zt' `leaRs1 adoption. u puowly 1Zt+ `anueaV infinity LZ6 anuany LANDLORD: Any person or entity wf5 aouepuedapul CU `anuany euro4lmnHj owns, manages, or makes decisiorg apt tot seopues Aatuns smearing 9411 regarding tenant matters for residentyu jol aauajnsul ;o eteotffaje0 pun spuo9 rental property within the City of Waterlolpe! `l�tuotagl$,wa udde pue-i00'084'01$- SEXUAL ASSAULT: Refers generally yl 40 lunawe 941 ut eMot 'uoloS to lusuew any crime in which the offender subject -uojlnu3 eta>tmeH o1 loejluoo Jo pjeme' the victim to sexual touching that d Buleotdde uognid GH ae6sseo�W Aq'. unwanted and offensive, including but mg 'ZZl-t' 0C' N P limited to sexual groping, sexual assauy feeo-tdde uodn pue peldope uallnloseu or battery, and attempted rape. ji panla STALKING: Means (A) (i) to follov .sem pig euo Atuo 1s41 paluelo eeuOr oajW 4 pursue, or repeatedly commit acts with! '(senor) euO :sAeN 'xtS catty-alon Ileo the intent to kill, injure, harass, on ffoa paldopeeq'„sluaujnooppies egnoe intimidate; or (ii) to place under surveil -xeol,iueloAPO Pus -POAnNiezuo4lne 1.59 ON tee-two°'weiBojd Aepon° gent0 -St' soz 'A' l aqt �ejaua a met $ nto de 0 pue .1 -tea pue spuo9 go 1 0 4 '99. l -L 1`L96` L$ le lunowe egt u! umof '001 s -ja1eM to'eel 'ojdey 04laejluoo fo pjeme ii 6uleojdde uognlosa9„ legl tedfegYGJEH ' 1Z lit 103 '014 peu6lsse tOASN1 Aq 1 tenojdde uodn pun peldope uotlnlosaU v9na5 :s9Ay-alon Bee Lt, iuuo lance with the intent to kill, injure, harass, or intimidate another person; and (B) in the course of, or as a result of, such following, pursuit, surveillance, or repeat- edly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (i) that person; (ii) an immediate family member of that person; or (iii) the spouse or intimate partner of that person. 5-3B-2: PROHIBITED ACTS BY LAND- LORDS It shall be unlawful for any landlord to do any of the following, except as otherwise provided in this Code: A. Decline a rental application of a potential tenant, or evict a current tenant, occupant or affiliated individual, for any grounds related to said person being a victim of domestic violence, dating violence, sexual violence or stalking. B. Construe any incident or incidents of actual or threatened domestic violence, dating violence, sexual violence or stalking to be a serious or repeated violation of the lease, or as otherwise "good cause” for terminating the tenancy or occupancy rights of the victim of abuse, provided that the victim has complied with the requirements for gaining the protections afforded by Iowa Code section 562A.27 or has complied with section 3 of this Article. C. Terminate the tenancy or occupancy rights of a victim due to criminal activity directly related to the domestic violence, dating violence, sexual violence or stalking of which such person is the victim, even if the criminal activity is engaged in by a member of a tenant's 'household or any guest or other person "under the tenant's control, provided that the victim has complied with the requirements for gaining the protections afforded by Iowa Code section 562A.27 or has complied with section 3 of this Article. 56-3: CERTIFICATION OF VICTIM ATUS In response to an incident of actual or threatened domestic violence, dating violence, sexual violence or stalking that could potentially have an impact on a person's occupancy rights, the landlord may request in writing that the tenant or victim complete, sign, and with fourteen (14) business days submit 'i written I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5199 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 4th day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $75.30 Signed Subscribed and sworn to before me this 14 Day of r A.D., 20 i —t Received of fliaJ(4, Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTRV1 COMMISSION NO.782413 YIY CGM ! °` /� ES Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5200 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING PARAGRAPH A OF SECTION 2 OF ARTICLE B, INTERNATIONAL PROPERTY MAINTENANCE CODE, OF CHAPTER 1, BUILDING CODE, OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Paragraph A of Section 2 of Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations, is hereby amended to add the following sub -paragraphs under Paragraph A as follows: Section 102.2 is amended to add Exception 1 as follows: Exception 1. Owner or Owner's Agent shall by written agreement allow the occupant to perform the duties specified herein. All refrigerators, stoves and ranges shall be maintained in safe working condition. Section 103.5 deleted and a new Section 103.5 is enacted in its place as follows: 103.5 Fees. The City Council may by resolution prescribe fees for activities and services performed by personnel of the City or the Building Official's designee. Fees shall be paid prior to the issuance of the Certificate of Compliance. Section 104.2. is amended to add a new Section104.2.2 as follows: 104.2.2 Regular Rental Inspection. Rental property, rental units and the common areas thereof shall be inspected in accordance with a program of regular rental inspections every 3 years, or as deemed necessary by the code official. A new Section 113 is hereby enacted as follows: 113. Certification. a. Certificate of Compliance. A certificate of compliance shall mean a document which shows that the unit or units for which it is issued was in compliance with the applicable provisions of this code at the time of the last inspection. The certificate shall be automatically transferred from one owner or operator to another. Rental unit registrations do not transfer from one owner or operator to another. A certificate of Ordinance No. 5200 Page 2 compliance shall state the date of last inspection, the address of the structure to which it is applicable and the type or classification of the dwelling. b. Disclaimer. A certificate of compliance does not signify or imply that the premises for which it is issued is in compliance with the Fire, Building or Zoning Codes of the City of Waterloo. A new Section 403.6 is hereby enacted as follows: 403.6 Mold present in a rental unit. a. When mold is found to be visibly present in small amounts, it can be cleaned in a safe and sanitary manner. b. When mold determined Official m obtained f is found in a rental unit and is to be a health risk, the Building ay order that a clean air report be rom a mold specialist approved by the Building Official. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: February 10, 2014 February 10, 2014 February 10, 2014 February 10, 2014 PASSED AND ADOPTED this 10th day of February, 2014. ATTEST: S y Scares, CMC City Clerk 7 Ernest G. lark, Mayor 0:1 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5200 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 10th day of February, 2014. Witness my hand and seal of office this 10th day of February, 2014. SEAL Suzy Sch res, City Cle k CMC STATE OF IOWA, } Black Hawk County, SS ORDINANCE NO. 5200 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING PARAGRAPH A OF SECTION 2 OF ARTICLE B, INTERNATIONAL PROPER- TY MAINTENANCE CODE, OF CHAP- TER 1, BUILDING CODE, OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATER- LOO, IOWA: That Paragraph A of Section 2 of Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations, is hereby amended to add the following sub- paragraphs under Paragraph A as follows: Section 102.2 is amended to add Exception 1 as follows: Exception 1. Owner or Owner's Agent shall by written agreement allow the occupant to perform the duties specified herein. All refrigerators, stoves and ranges shall be maintained in safe working condition. Section 103.5 deleted and a new Section 103.5 is enacted in its place as follows: 103.5 Fees. The City Council may by resolution prescribe fees for activities and services performed by personnel of the City or the Building Official's designee. Fees shall be paid prior to the issuance of the Certificate of Compliance. Section 104.2. is amended to add. a new Section104.2.2 as follows: 104.2.2 Regular Rental Inspection. Rental property, rental units and the common areas thereof shall be inspected in accordance with a program of regular rental inspections every 3 years, or as deemed necessary by the code official. A new Section 113 is hereby enacted as follows: 113. Certification. a. Certificate of Compliance. A certificate of compliance shall mean a document which shows that the unit or units for which it is issued was in compliance with the applicable provisions of this code at the time of the last inspection. The certificate shall be automatically transfer- red from one owner or operator to another. Rental unit registrations do not transfer from one owner or operator to another. A certificate of compliance shall state the date of last inspection, the address of the structure to which it is applicable and the type or classification of the dwelling. b. Disclaimer. A certificate of compliance does not signify or imply that the premises for which it is issued is in compliance with the Fire, Building or Zoning Codes of the City of Waterloo. A new Section 403.6 is hereby enacted as follows: 403.6 Mold present in a rental unit. a. When mold is found to be visibly present in small amounts, it can be cleaned in a safe and sanitary manner. b. When mold is found in a rental unit and is determined to be a health risk, the Building Official may order that a clean air report be obtained from a mold specialist approved by the Building Official. INTRODUCED: February 10, 2014 PASSED 1st CONSIDERATION: February 10, 2014 PASSED 2nd CONSIDERATION: February 10, 2014 PASSED 3rd CONSIDERATION: February 10, 2014 PASSED AND ADOPTED this 10th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5200 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 4th day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $31.23 Signed Subscribed and sworn to before me this t 9 Day of A.D., 20 1LI dN.MCi4oilptiu Received of the sum of Dollars. In full for publication of the above notice. 40,1 JOD1 E MCKH4S COMM!SSlON NO.7 4 :1 " MY CC s.. tool Ow ES