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05/21/2012
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Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Brad Hagen, Airport Director. 137962 - Hart/Schmitt that the Agenda, as amended adding the grant amounts for item #4, for the Regular Session on Monday, May 14, 2012, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 137963 - Hart/Schmitt that the Minutes, as proposed, for the May 7, 2012, Regular Session and May 3, 2012, Special Session, be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Mayor Clark recognized Cammie Scully for 30 years of service. Mayor Clark read a Proclamation declaring Saturday, May 19, 2012 as Cold War Veterans Day. Mayor Clark read a Proclamation declaring the week of May 14-18, 2012 as National Police Week. Mayor Clark read a Proclamation declaring Tuesday, May 15, 2012 as Peace Officer's Memorial Day and order all flags on all City facilities to be flown at half-staff. CONSENT AGENDA 137964 - 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 Accounts Payable Invoice Report, pp. 1-46, dated May 14, 2012, in the amount of $2, 354, 735.06, 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. 2012-431. 2. Request Waterloo Convention Visitors Bureau for police assistance during the Tractor Cruise U.S.A. event on Thursday, May 24, 2012 and Friday, May 25, 2012, with tractor drivers to enter and exit from the 5 Sullivan Brothers Convention Center, together with recommendation of approval of Director of Safety Services-Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-432. 3. Request of East High School to hold East High End of Year BBQ event to be held on Wednesday, May 16, 2012 from 10: 00 a.m. to 4 :00 p.m. and Women of Tomorrow Celebrations event to be held on Friday, May 18, 2012 from 4 :00 p.m. to 8:00 p.m. , with permission to close High Street from Lime Street to Vine Street, together with recommendation of approval of Director of Safety Services-Submitted by Joe Leibold, Captain of Police Services. Resolution adopted and upon approval by Mayor assigned No. 2012-433. 4. Request of the Cedar Valley Irish Cultural Association to hold 6th Annual Iowa Irish Fest event on August 3-5, 2012 at Lincoln Park, including closing the following streets from 8:00 a.m. on August 2, 2012 through 5: 00 p.m. August 6, 2012: 4th Street from Franklin to Lafayette; Mulberry Street from Park Avenue to 5th Street; Park Avenue from Mulberry Street to Franklin Street; together with recommendation of approval of Director of Safety Services-Submitted by Joe Leibold, Captain of Police Services. 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Schmitt/Hart that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137967 - Schmitt/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 East Donald Street Improvements, Contract No. 797", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-438. 137968 - Schmitt/Greenwood that "Resolution ordering construction in conjunction with F.Y. 2012 East Donald Street Improvements, Contract No. 797", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-439. (Project will be let by IDOT on May 15, 2012) 137969 - Greenwood/Schmitt that proof of publication of notice of public hearing on Request of Robson Homes Inc. for a Site Plan Amendment in the "R-3,R-P" Planned Residence District for property located along Morning Dove Drive in Crossroads Estates Replat No. 1 to allow for the development of 4-plex buildings, as published in the Waterloo Courier on May 10, 2012, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137970 - This being the time and place of public hearing, the Mayor called for written and oral objections. On file in the City Clerk' s office. Greenwood/Schmitt that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137971 - Greenwood/Schmitt that "an Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Approving a Site Plan Amendment on Certain Property in conjunction with Request of Robson Homes Inc. for a Site Plan Amendment in the "R-3,R-P" Planned Residence District for property located along Morning Dove Drive in Crossroads Estates Replat No. 1 to allow for the development of 4-plex buildings", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: None. Nays: Seven (Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart) . Motion failed. Mayor Clark thanked RESOLUTIONS 137972 - Getty/Cole that "Resolution approving a U.S. 63 & Airline Highway USTEP Grant Agreement with Iowa Department of Transportation in the amount of $16, 123.57, with city match of $13, 192.01; and authorize Mayor and City Clerk to execute said document-Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-440. 137973 - Getty/Cole that "Resolution approving award of contract to KWS Inc. of Cedar Falls, Iowa in the amount of $224, 500.00, and approving the Contract, Bonds and Certificates of Insurance for the Traffic Communications Infrastructure Upgrade - Fiber Optics Phase I-1; and authorize Mayor and City Clerk to execute said documents- Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote-Ayes: Six. 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Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-448. 137981 - Hart/Welper that "Resolution approving License for Multi-Use Pathway Agreement with Chicago Central & Pacific Railroad Company for the F.Y. 2013 U.S. Highway 63 Improvements - From Conger Street/Newell Street to Donald Street, Contact No. 790; and authorize Mayor and City Clerk to execute any necessary documents- Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote-Ayes: Seven. On file in the City Clerk' s office. Resolution adopted and upon approval by Mayor assigned No. 2012-449. 137962 - Hart/Welper that "Resolution approving Encroachment Agreement with Dan Deery Motors, 3900 Alexandra Drive for the purpose of constructing 11 concrete pads within the right-of-way of E. San Marnan Drive to display vehicles for sale; and authorize Mayor and City Clerk to execute said document-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Mr. Jones expressed concern if this is setting a precedence to allow businesses displaying merchandise in the right-of-way. Noel Anderson, Community Planning and Development Director, noted that each request would have to be looked at and this encroachment would not negatively impact the traffic. Resolution adopted and upon approval by Mayor assigned No. 2012-450. 137983 - Hart/Welper that "Resolution accepting and approving the acquisition of properties generally located at: 335 and 425 Almond Streets; 520 Cottage Street; 115 Smith Street; 426 and 311 Adams Streets; 616-618 W. 9th Street; 214-216 Independence Avenue, as granted by court order pursuant to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to execute any necessary documents-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. On file in the City Clerk's office. Resolution adopted and upon approval by Mayor assigned No. 2012-450. 137984 - Cole/Welper that "Resolution approving License for Multi-Use Pathway Agreement with Chicago Central & Pacific Railroad Company for the F.Y. 2013 U.S. Highway 63 Improvements - From Conger Street/Newell Street to Donald Street, Contact No. 790; and authorize Mayor and City Clerk to execute any necessary documents- Submitted by Jeff Bales, Associate Engineer", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-451. 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Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-456. 137990 - Hart/Cole that "Resolution fixing date of hearing as May 29, 2012 on the issuance of not to exceed $700, 000.00 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of acquisition, construction, improvement and equipping city facilities, including a new public works building, and shall bear interest at a rate not exceeding the maximum specified in the attached notice; and instruct City Clerk to publish notice-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Seven. On file in the City Clerk' s office. Resolution adopted and upon approval by Mayor assigned No. 2012-457 . 137991 - Hart/Cole that "Resolution fixing date of hearing as May 29, 2012 on the issuance of not to exceed $6, 950, 000.00 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding outstanding general obligation indebtedness of the City, consisting of the General Obligation Bonds, Series 2003A, dated June 15, 2003, General Obligation Bonds, Series 2005A, dated June 1, 2005, and General Obligation Bonds, Series 2005B, dated June 1, 2005; and instruct City Clerk to publish notice-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-458. 137992 - Cole/Welper that "Resolution setting date of hearing as May 29, 2012 for amendments to the FYE2012 Budget; and instruct City Clerk to publish notice-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-459. ORDINANCES 137993 - Schmitt/Greenwood that "an Ordinance amending the 2008 Traffic Code by Adding Subsection (45a) Tower Park Drive to Section 545, Yield Streets in conjunction with Ordinance Change - Yield Street - Tower Park Drive from west of Jonathan Street to Hurst Drive", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 137994 - Schmitt/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 137995 - Schmitt/Greenwood that "an Ordinance amending the 2008 Traffic Code by Adding Subsection (45a) Tower Park Drive to Section 545, Yield Streets in conjunction with Ordinance Change - Yield Street - Tower Park Drive from west of Jonathan Street to Hurst Drive", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5115. xzaID AgTO sazeuog AznS •paTzzeo uoTgow •uanas :saAy-agon aoTon "I'd 00: L ge uznoCpe TTounoD aug geug 44TwgOS/41e14 - 0008E' JN3NNdI OPCY •paTzzeo uoT;ow •uanas :saAV-agon aoTon •aTT; uo pa0eTd pue panTaoaz aq sguauuo0 Tezo anoge au; geug 44Twg0S/4zeH - 666LET 'aoT330 s,xzaTO A4TO au; uT aiT3 u0 SNOI,IKSN3SaHd 'TKLiO '9ITS 'oN paubTsse ION Aq Tenozdde uodn pue pe;dope aoueuTpzo •uanas :saAy-agon TTeo TTo2T •pa;dope pue saw-; p1Tq; pue puooas au; zo; passed pue pazapTsuoo aq '„;aaz;s pzegqnH 3o xooTq OOZ ay; ;o apTs ;saMq;nos pue peog gasuns 3o xooTq OOE au; 3o apTs qsam au; buoTe Toouos buTzn0 •ui•d 00:6 04 •ui•e 00:8 buTxzed oN - abueuO 90ueuTp10 u;TM uoT;ounCuoo uT Toouos buTznc iu d 00:6 0 w a 00:8 buTxzed oN 'VILS uoTgoag og peog gasuns (ec) pue ;aaa4s pzegqnH (eZ) uoT;oasgng buTPPK Aq apoo oT33Pz,L 800Z au; burpuaue aoueuTp1O ue„ ;eu; pooMuaazO/ggTmu03 - 866LET •paTzzeo uoT;ow 'uanas :saAy-a;on TTeo TTog •papuadsns aq sbuTgaam zorzd 0M; ;e abessed zo3 pagon pue pazapTsuoo aq og saoueuTpzo buT1Tnbaz saTnz geu; pooMuaazO/g;Tunios - L66LET •paTzzeo uoTgow •uanas :saAJ-a;on TTEO TTo23 •awT; ;szT; au; zo3 passed pue pazapTsuoo 'aTT; uo pe Td 'panTaoaz aq '„gaazgs pzegqnH 3o xOOTq OOZ aug ;o apTs gsaMugnos pue peog gasuns 3o xooTq 00£ aqg ;o apTs gsaM pug buoTe Toog0s buTznN •ui•d 00:6 04 '111'e 00:8 buTxzed oN - abueuj a0ueuTp1O u;TM uoT;ounCuoo uT Toouos buTzna •ur d 00: 6 04 'w'v 00:8 buTxzed oN 'KTLS uoT40as 04 peog ;asuns (e£) pue ;aaz;s pzegqnH (EZ) uoTgoasgnS buTPPK Aq aP00 ZT33Ezs 800Z aqg buTpuaute aoueuTp1O UP, ;eug pooMuaaa9/44Tual0S - 966L£T 8 abed ZIOZ '6T Aew CITY OF WATERLOO, IOYkrA PROCLAMATION IIHEREAS, in 1982 a group of yesteryear cruisers, as a way of bringing back the fun of"Cruisin' Fourth Street" and the sock hops, began the Fourth Street Cruise WHEREAS and Sock Hop; and , each year approximately 15,000 people attend the `.' cruise; and Y�HEREAS, the cruise gives those who love their vintage cars and trucks an opportunity to show them off, while providing a fun-filled day of activities for all our WHEREAS, and YIrHEREAS, the 30`h Annual Cool 105.7 Fourth Street Cruise Car Show will be held at the National Cattle Congress from 5:00 p.m. until 9:00 p.m. on Friday, j.' May 25,2012; and WHEREAS this year's cruise, the 31st annual event will be held on Saturday, May 26,2012 from 12:00 p.m. to 4:00 p.m. in downtown Waterloo; and NOW, THEREFORE, I,Buck Clark,Mayor of the City of Waterloo,Iowa, do hereby proclaim Saturday,May 26,2012, as KOKZ COOL 105.7 FOURTH STREET CRUISE DAY and urge all citizens and visitors to come to downtown Waterloo to enjoy all the activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 21st day of May,2012. ATTEST: Suzy Schares,City Clerk Buck Clark,Mayor City of Waterloo,Iowa City of Waterloo,Iowa O CITY OF WATERLOO Council Communication City Council Meeting: May 21, 2012 Prepared: M y 15, 2012 Dept. Head Signature: # of Attachments: SUBJECT: Proclamation recognizing the Waterloo Black Hawks Submitted by: Mayor's Office Recommended City Council Action: None—proclamation read by Mayor Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, Waterloo is a city that loves hockey and is proud s.' of the Waterloo Black Hawks Hockey Team; and WHEREAS, the hockey tradition is very strong in our city and *�� our citizens appreciate and enjoy good hockey; and WHEREAS, this season commemorates the 50th year of hockey j.' in Waterloo; and IIHHREAS, the team has had a great United States Hockey League season and successful run in the 2012 WHE REAS, Clark Cup Championship series; and WHEREAS, we commend and thank all who have been involved with the hockey program in our community throughout the years; and NOW, THERE, I,Buck Clark,Mayor of the City of Waterloo,Iowa, do hereby proclaim Wednesday, May 23,2012 as WATERLOO BLACK HAWKS HOCKEY DAY in Waterloo, Iowa in commemoration of the 50th season of hockey in our city, last day of the season playoffs and to encourage the citizens to show their support` by wearing Waterloo Black Hawks Hockey gear. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 21st day of May,2012. ATTEST: Suzy Schares,City Clerk Buck Clark,Mayor City of Waterloo,Iowa City of Waterloo,Iowa O O CITY OF WATTRL00, IOY A PROCLAMATION WHEREAS, Global Youth Service Day is an annual public awareness and education campaign that highlights the valuable contributions that young people make to their local communities through volunteer service; and WHEREAS, Global Youth Service Day 2012 is the largest service event in the world and will be observed for the 24th consecutive year in all 50 states and will be celebrated for the 13th consecutive year in more than 100 countries across the world; and WHEREAS, young people in the United States and in many other countries are serving more volunteer hours than any other generation in history; demonstrating that children and youth are not only the future of the world, but are leaders and assets today; and WHEREAS, recent research shows that service-learning, when used as a teaching and learning strategy that integrates meaningful community service into the academic curriculum, increases students' cognitive engagement, motivation to learn, school attendance and academic achievement scores; and WHEREAS, several private foundations and corporations support service and service- learning as a means for young people to explore career aspirations and to develop the leadership and career-preparedness skills, including time management, decision-making, teamwork and problem solving abilities, necessary for entering the United States workforce in the 21st century; and WHEREAS, service and service-learning opportunities provide an outlet for youth to apply their knowledge, idealism, energy, creativity and unique perspectives to improve local communities and to address critical issues within those communities; and WHEREAS, a fundamental and conclusive correlation exists between youth service, character development, lifelong adult volunteering and philanthropy, voting rates and other forms of civic engagement; and WHEREAS, the 24th annual Global Youth Service Day, led in Iowa by the Iowa Commission on Volunteer Service; takes place on April 20-22, 2012. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim In the City of Waterloo, Iowa, April 20 — 22, 2012, as GLOBAL YOUTH SERVICE DAY IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa to be affixed this 21st day of May 2012. Cs so 0(‘..ae, Suzy S, h res, City Clerk a�,a1 X / = y Buck Clark, Mayor City of Waterloo, Iowa {, -sue City of Waterloo, Iowa CITY OF WATERLOO Council Communication City Council Meeting: May 21, 2012 Prepared: May 10, 2012 Dept. Head Signature: ;4� ` !7, C' ttJ # of Attachments: 1 CV SUBJECT: Proclamation: Emergency Medical Services Week Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: 'o 0 C� CITY OF WATERLOO, IOWA PROCLAMATION WEREAS, emergency medical service is a vital public service; and WHEREAS, access to quality emergency medical care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, a third of Americans rate their households as being "very well prepared" for a medical emergency and emergency medical service providers have traditionally served as a safety net of America's health care; and WHEREAS, emergency medical service teams consist of emergency medical physicians, emergency nurses, emergency medical technicians, paramedics, fire fighters, educators, administrators, and others and approximately two-thirds of all medical service providers are volunteers; and WHEREAS, the members of emergency medical teams,whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills. NOW, THEREFORE, BE IT RESOLVED that I, Buck Clark, Mayor of the City of Waterloo,Iowa, do hereby proclaim the week of May 20—26,2012,as EMERGENCY MEDICAL SERVICES WEEK in Waterloo, Iowa, and that we appreciate and commend our Emergency Medical Services Personnel and their special role in alleviating the misfortunes of our citizens in need. IN WITNESS WHEREOF, I hereunto have set my hand and caused the Official Seal of the City of Waterloo,Iowa to be affixed this 21st day of May 2012. ATTEST: � �'����� ; tl T L t41 4 iNiv , ® « l 7/ ``�-_3, .l.-.a ,Lk{, ,s._=fi r 94 yr (// /zzz , ` Ge Suzy Scliares, City Clerk '1 ".". ..«' Buck Clark, Mayor, City of Waterloo,Iowa •Y' City of Waterloo,Iowa O O • CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2012 Prepared: May 15, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY JAMES KLINE FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 4750 WILLIAM DRIVE Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from DAMES KLINE for construction of a concrete driveway and placing a driveway or sidewalk on City right of way on an unimproved street, to be located at 4750 WILLIAM DRIVE. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements rim with the property ownership. Legal Description: KLINGAMAN KNOLLS LOT 19 WAIVER Date: I� Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a C driveway or sidewalk located at (concrete or asphalt) / C/i • (Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section. )K placing a driveway or sidewalk on City right of way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner S. nature of Property Owner PAYMENT DATE _ City of Waterloo BATCH NO. 05/16/2012 715 Mulberry St 2012-11000162 COLLECTION STATION Waterloo, IA 50703 RECEIPT NO. COUNTER 1 (319) 291-4323 2012-00000623 RECEIVED FROM CASHIER JAMES KLINE Ella Ellis DESCRIPTION CONCRETE DRIVEWAY 4750 WILLIAM DR. PAYMENT CODE.; RECEIPT DESCRIPTION TRANSACTION AMOUNT C492 CLERK RECORDING&PUBLICATN 3492 $7.00 4750 WILLIAM DR. 010-03-8400 3492 RECORDING/PUBLICATION FEE$7.00 Total Cash $7.00 Total Check $0.00 Total Charge $0.00 Total Other $0.00 Total Remitted $7.00 Change $0.00 Total Received $7.00 Total Amount: $7.00 Printed by: Ella Ellis Page 1 of 1 05/16/2012 10:23:53AM CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2012 Prepared: May 15, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY JAMES KLINE FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 4750 WILLIAM DRIVE Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from JAMES KLINE for construction of a concrete driveway and placing a driveway or sidewalk on City right of way on an unimproved street, to be located at 4750 WILLIAM DRIVE. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: KLINGAMAN KNOLLS LOT 19 WAIVER Date: 57 /S —/ oK Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a C rc-te- driveway or sidewalk located at (concrete or asphalt) y 7,5'U Ger; • (Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, 14 Printed Name of Property Owner S. nature of Property Owner APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: ;)c)1 ( LE e Vit-Cjrkvu S) APPLICANT'S ADDRESS: S UN '1 t f.e4`S APPLICANT'S PHONE#: CC-/( 3.11 ?3 -O$s-47 /4s j1 -C(r - ANTICIPATED DATE OF VARIANCE: FR f Vf'-Y t 1Y'-Y 25 4 5A7an-49A ''4'( 2`/1 NAME OF EVENT: Cog-uSTCG �/ 1 M - TIMES OF DAY OF VARIANCE: C Z Q p GEOGRAPHICAL LOCATION OF VARIANCE: 13A-CL b/407 0 C F E (,f s( J Es DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION,AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE,SUCH AS A BAND PLAYING,PA SYSTEM,ETC. I. V\I fiIJ ,tAL0 .C-t Kc TO RoS i- So Me L1 vE Mkt SCc OW i i c_ at,c rs-rn F`- ? A-C Pi-rio A- A - MG, LiErv7 LA-Er- ff z c 9 b.Af 771 OC.Y-5706 < ,144eS( W rc.L- 2. ©til & 544A-Lc(I- 'P- cy(S t C/'t 11-7/06 ovg2r9'6 - V? ,L-v a . • Applicant's S' Date CITY COUNCIL AUI ION; Police Dept.Reno ua APPROVAL: APPROVAL: DENIAL; DENIAL: DECIBEL LEVEL: f C) C FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY_2012_ BUDGETED 5� '7Li��'" CITY OF WATERLOO EXPENDED YTD ,eC 76/ -i THIS REQUEST (c j0 LEFT AFTER THIS REQUEST ,2/ 2`3 g- DATE '?// 'i)e)/,- Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Lt. Alan Carrier May 3,2012 NAME OF CLASS/ MEETING: DESTINATION: Oak Creek, Wisconsin Glacken Background Investigation for Public Safety DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: June 10,2012 June 12, 2012 June 11-12,2012 PURPOSE OF TRAVEL: Captain Mohlis is requesting authorization to send Lt. Alan Carrier to the Glacken Background Investigation course on June 11-12, 2012, in Oak Crook, Wisconsin. Lt. Carrier is assigned to the Administrative Division and is responsible for the conducting of Background Investigations of potential employees of the Police Department. This 2-day course will instruct Investigators on how to complete thorough background investigations on potential candidates for the position of Police Officer. It is imperative a thorough background be completed on these potential Police Officers to ensure that the most creditable candidates are being hired as Police Officers. 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 PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $250.00 LODGING TAXI x GRANT REIMBURSABLE $90.00 MEALS PARKING YES NO $275.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $75.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 690.00 TOTAL: $ 690.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED C'/L) ////5--e2 /34i,ep czf17 TRAVEL REQUEST Fwy/3 BUDGETED 43$Od`Z CITY OF WATERLOO EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE 2/9- £i C Original -Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Tim Pillack, Captain May 8, 2012 Todd Wilson, Planner/Analyst NAME OF CLASS/ MEETING: DESTINATION: San Diego, California HALO Counter-Terrorism Summit DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: October 28, 2012 November 3, 2012 October 29—November 3, 2012 PURPOSE OF TRAVEL: To attend the 2012 HALO Counter-Terrorism Summit from October 29—November 2, 2012 in San Diego, California. The conference participants will have the opportunity to attend sessions that include: The Reality of Crisis Response, Islamic Literalist Ideology, Iran-Threats and Capabilities, Sex Trafficking, Terrorism and Terrorist Organization, Drug Cartels, Cartel Threats to the U.S., Intelligence Fusion and Practical Applications. The conference has been approved through Iowa Homeland Security and will be funded through the 2010 Grant. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE $1200.00 AIRFARE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: 010 11 1150 LEIN BUDGET LINE ITEM: 11GRT LEN7 $1800.00 LODGING TAXI X GRANT REIMBURSABLE $890.00 MEALS PARKING YES NO $2000.00 REGISTRATION AIRFARE REQUIRED CERTIFICATION MILEAGE/FUEL MSC/TOLLS YES NO TOTAL FOR ALL: $ 5890.00 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I DEPARTMENT HEAD MAYOR C&" Z2> ( -Z 5 k► 176( DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED . t 3 6S0)73 /,tta TRAVEL REQUEST FY 10-BUDGETED /Ivcct CITY OF WATERLOO EXPENDED YID AB`a THIS REQUEST LEFT AFTER THIS REQUEST 610(! j DATE 9 ••2u: -1--;4:'!Z Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Matt Chesmore, Rehabilitation and Relocation Specialist 5-8-2012 NAME OF CLASS/MEETING: DESTINATION: Hiawatha, IA Healthy Homes Essentials DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: June 4, 2012 June 6, 2012 June 4-6, 2012 PURPOSE OF TRAVEL: Healthy Homes Essentials classes for certification WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: 224-32-5853-1346 ESTIMATE OF COST: BUDGET LINE ITEM: BGLED TRVL LODGING TAXI X GRANT REIMBURSABLE 60 MEALS 50 PARKING YES NO 405 REGISTRATION AIRFARE X REQUIRED CERTIFICATION 70 MILEAGE/FUEL MISC/TOLLS YES NO Mandatory for Lead Grant TOTAL FOR ALL: $ 585 TOTAL: $ 585 PER PERSON I BELIEVE THIS TRIP SERVES A Pt.(BJIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECE&SARY A D BEENEFIC TO THE CITY OF WATER!: O DEPARTIVIfN HEAD MAYOR DATE DATE J:\NANCY-G\travel\Travel Request Form Matt Hiawatha 5-8-2012.doc Approve..;:en ed-I mine NEW 570 , .76 fa- RENEWAL EXPIRATION 4 - Z(-( 3 CLASS C_, w ! v INSPECTION REPORT APPLICATION FOR BEER AND/OR LIQUOR PERMIT BUSINESS: - (M,b Fi(itr ADDRESS: j( I/�./ - 5 n . WE, THE UNDERSIGNED, HAVE INSPECTED THE ABOVE MENTIONED PREMISES AND FOUND THAT THIS ESTABLISHMENT MEETS THE MINIMUM STANDARDS AS SET FORTH BY ALL APPLICABLE LAWS AND ORDINANCES. WE REPORT OUR FINDINGS AS FOLLOWS: HEALTH & SANITATION COMMENTS: VV THIS ESTABLISHMENT IS CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA CHAPTER 137F(FOOD CODE) THIS ESTABLISHMENT IS NOT CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA CHAPTER 137F (FOOD CODE) APPROVED BY: DATE: 20:// /a fr.,.. FIRE MARSHALL C COMMENTS: APPLICANT IS IN COMPLIANCE WITH THE CURRENT FIRE CODE NOT IN COMPLIANCE WITH FIRE CODE APPROVED BY: - Q DATE: POLICE CHIEF OR DESIGNEE WE-HAVE_RE ReHED_THEAPPLICABLE=RECORDS_OF_THEABOVE-MENTIONED= ESTABLISH N AND REPORT T E FOLLOWING: DENIED B : L ��� APPROVED BY: DATE: S. STATUS dtd COUNCIL ACTION: DATE: License Application ( LC0038429 ) Applicant • Name of Applicant: PALMA EXPRESS LLC Name of Business(DBA): CLUB FEVER Address of Premises: 313 W 5TH STREET City: Waterloo County: Black Hawk Zip: 50701 Business Phone: (319)504-9775 Mailing Address: 313 W 5TH STREET City: Waterloo State: 1A Zip: 50701 Contact Person Name: NEDZAD REKIC Phone: (319)504-9775 Email Address: Classification: Class C Liauor License(LC)(Commercial) Term: 12 months Effective Date: 04/22/2012 Expiration Date: 04/21/2013 Privileges: Class C Liauor License(LC)(Commercial) Sunday Sales Status of Business BusinessType: Limited Liability Company Corporate ID Number: 415058 Federal Employer ID#45-1677823 Ownership NEDZAD REKIC First Name: NEDZAD Last Name: REKIC City: WATERLOO State: Iowa Zip: 50702 Position OWNER 70 of Ownership 100.00% U.S. Citizen Insurance Company Information Insurance Company: Founders Insurance Company Policy Effective Date: 04/22/2012 Policy Expiration Date: 04/22/2013 Bond Effective Continuously: Dram Cancel Date: Outdoor Service Effective Date: Outdoor Service Expiration Date: Temp Transfer Effective Date: Temp Transfer Expiration Date: •ABD Licensing - Ownership Page 1 of 1 Ownership LC0038429, CLUB FEVER, Waterloo After completion click on the NEXT link to continue to the next screen,or the BACK link to return to the previous screen. The navigation links on the top may also be used to move around the application. Corporate applicant's,list all shareholders having 10%or more interest in the corporation and all officers and directors of the corporation regardless of ownership interest.Sole Proprietors shall also include their spouse even if the spouse owns 0%interest.Non-profit corporations or associations need to list officers.Partnerships and Committees not registered with the Secretary of State office will need a trade name filing from their county recorder's office. Owners: Name Address Percentage NEDZAD REKIC 1535 HAWTHORNE AVE,WATERLOO,IA,50702 100.00% View 1 First Name: NEDZAD LastName: REKIC Address: 1535 HAWTHORNE AVE Address Line 2: City: WATERLOO State: Iowa Zip: 50702 Position: OWNER SS#:'479-29-0777 U.S.Citizen: Y=_S Date of Birth: 0,;23/197a %of Ownership: 100.00% MM/DDIYYYY • https://eicensing.iowaabd.com/Ownership.aspx 4/20/2012 ABD Licensing - Criminal History Page 1 of 1 Criminal History LC0038429, CLUB FEVER, Waterloo After completion click on the NEXT link to continue to the next screen,or the BACK link to return to the previous screen. The navigation links on the top may also be used to move around the application. ham. Since this license was last issued, has anyone listed in the ownership screen been convicted of a felony offense in Iowa or any other state of the United States? If yes, list on the next(Violations) screen. No Since the license was last issued, have any of the owners listed in the ownership screen been charged, arrested, indicted, convicted or received a deferred judgment for any violation of any !' state,county, city,federal or foreign law?All information shall be reported regardless of the disposition, even if dismissed or expunged. Include pending charges. DO NOT include traffic violations, except those that are alcohol related. If yes, list violations on the next(Violations) screen. None If no arrests, indictments,summons or convictions are applicable since the license was last issued,select'NONE https://elicensing.iowaabd.com/CriminalHistory.aspx 4/20/2012 ABD Licensing - Applicant Signature Page 1 of 1 Applicant Signature LC0038429, CLUB FEVER, Waterloo Complete the information below and click Finish to complete the application Note that the license fees will only be withdrawn from accounts after the ABD approves the license. This application must be completed by a person listed in the Ownership Section. I hereby declare that all information contained in the Application is true and correct. I understand that misrepresentation of material facts in the Application is a crime and grounds for denial of the license or permit under Iowa law. I further understand that, as a condition of receiving a license,the licensed premises is subject to inspection during business hours by appropriate local, state and federal officials. NOTE:The Applicant's Name must match one of the owner's names from the Ownership screen. Applicant's Name: Nedzad Rekic Date: 04/20/2012 MMIDD/YYYY Tentative effective date: 04/22/2012 MM/DDIYYYY You are ready to submit the application for your license to sell alcoholic beverages in the State of Iowa. By providing the following bank information,your account will be debited$2,028.00 for the payment of the license. https://elicensing.iowaabd.com/ApplicantSignature.aspx 4/20/2012 STATE OF IOWA BEFORE THE DEPARTMENT OF COMMERCE ALCOHOLIC BEVERAGES DIVISION IN RE: DOCKET NO. A-2012-00032 DIA NO. 12ABD003 Watercity, LLC d/b/a Club Fever 313 W. 5th Street Waterloo, IA 50702 PROPOSED DECISION New Class "C" Liquor License On April 16, 2012, the Waterloo City Council (local authority) denied the new Class "C" liquor license application filed by Watercity LLC, d/b/a Club Fever (applicant) for the premises at 313 W. 5th Street in Waterloo, Iowa. The applicant filed an appeal with the Iowa Alcoholic Beverages Division (Division), and a telephone hearing was held before the undersigned administrative law judge on May 4, 2012 at 9:00 a.m.1 Applicant Watercity, LLC was self-represented by its owner, Adnan Pajazetovic. The local authority was represented by attorney Emily Bartekoske. THE RECORD The record includes the Electronic License Application; the Division's Notice of Denial to Applicant; Notice of Hearing Before Administrator's Designee; testimony of Sgt. Robert J. Greenlee III,Jeremy Kuhlman, and Adnan Pajazetovic; Local Authority Exhibits 1-8 and Applicant Exhibits A-D. ISSUE Whether the local authority properly denied the liquor license application for lack of good moral character based on the applicant's past violations of the local ordinance prohibiting minors on the premises while the applicant was serving as I The hearing was scheduled for May 3,2012 at 2:00 p.m.but was continued to May 4,2012 at 9:00 a.m. because the local authority's witness was unavailable on May 3rd due to a law enforcement emergency. • DIA No.12ABD003 Page 2 the manager of the bar at this location, based on ongoing questions about the actual ownership of the businesses at this location, and based on a recent fight in the parking lot resulting in a serious injury to bar patron. FINDINGS OF FACT The Pending License Application filed by Watercity, LLC 1. On or about March 23, 2012, Watercity LLC, d/b/a Club Fever (applicant) filed an electronic application for a new Class "C" Liquor License for the premises at 313 W. 5th Street in Waterloo, Iowa. Watercity LLC is a limited liability company in good standing with the Iowa Secretary of State. The license application listed Adnan Pajazetovic as the 100% owner of Watercity LLC and 1202 Bertch Avenue as his address. (Electronic License Application; Local Authority Exhibit 4;Applicant Exhibit A) 2. In the section of the application for "Premises Information," Adrian Pajazetovic indicated that he controlled the proposed premises at 313 W. 5th Street through a lease. (Electronic License Application). He attached a copy of the Commercial Lease for the premises. (Local Authority Exhibit 5) a. The lease was executed on March 20, 2012 by and between Damir Pajazetovic (landlord) and Adnan Pajazetovic (tenant). Damir is Adrian's father. Damir previously held a liquor license for the Diamond Bar at this same location (313 W. 5th Street). (Testimony of Sgt. Robert Greenlee; Adnan Pajazetovic; Local Authority Exhibit 5) b. The one year lease provided for monthly rent of$830.00, payable in advance on the first day of each month. Payments were to be made to the landlord, Damir Pajazetovic at 1202 Bertch Ave. in Waterloo, IA. This is also Adnan Pajazetovic's address. (Local Authority Exhibits 4, 5) c. The lease further provided that the tenant, Adnan Pajazetovic, shall be responsible for the following utilities and services: electricity, water and sewer, gas, heating, garbage and trash disposal,janitorial services, and telephone service. (Local Authority Exhibits 4, 5) d. Adnan Pajazetovic also submitted a March 26, 2012 receipt for a financial transaction at the Veridian Credit Union. The receipt states "For Club DIA No. 12ABD003 • Page 3 Fever As Adnan Pajazetovic" and reflects a cash deposit of$700 and a balance of $3245.00. Adnan Pajazetovic wrote "Loan from my father" on the receipt and signed it. (Local Authority Exhibit 4-7) When Adnan Pajazetovic was asked at hearing to explain the terms of this loan, he responded that that it was a gift from his father, and he was not required to pay it back. When asked how he will pay ongoing expenses of the business, Adnan responded that his rent was low, and his father would be paying the utilities for him but would not be sharing in the business profits. (Testimony of Adnan Pajazetovic) 3. Adnan Pajazetovic truthfully answered "yes" to the criminal history question that asked if he had ever been charged, arrested, indicted, convicted, or received a deferred judgment for any violation of any state, county, city, federal, or foreign law. Adnan Pajazetovic disclosed the following arrests and dispositions on his application: • OWI 1st Offense, arrested 10/22/2010, deferred judgment and expunged; • Allowing Underage In Bar, arrested 12/4/2009, guilty plea/default; • Allowing Underage In Bar, arrested 10/12/2009, guilty plea/default; • Allowing Underage In Bar, arrested 1/16/2010, guilty plea/default. (Local Authority Exhibits 4-3, 4-4) 4. On March 23, 2012, Waterloo Community Planning and Development approved the license application as compliant with the city's zoning ordinance requirements as a non-limited Alcohol Sales Use (e.g. bar, liquor store, etc.). (Applicant Exhibit D) 5. On April 3, 2012, the proposed premises passed the fire inspection by Waterloo Fire Rescue. (Testimony of Adnan Pajazetovic;Applicant Exhibit C) Police Department Review of the Application 6. Sgt. Robert Greenlee is responsible for reviewing liquor license applications on behalf of the Waterloo Police Department. In conducting the review, Sgt. Greenlee pays particular attention to the applicant's criminal history and to any history of liquor law violations. He also reviews information relating to ownership to verify that all ownership interests in the business have been DIA No. 12ABD003 Page 4 properly disclosed. Following his review of this application, Sgt. Greenlee discussed a number of his concerns with his supervisor, Captain Joseph Leibold. Captain Leibold agreed with Sgt. Greenlee's conclusion that the police department should recommend denial of the license. They contacted Director of Safety Services (Police Chief) Daniel Trelka, who concurred in their assessment. Sgt. Greenlee prepared a Memorandum that documented the police depai huent's concerns. Sgt. Greenlee further explained these concerns in his testimony at hearing. (Testimony of Sgt. Greenlee; Local Authority Exhibit 6) Law Enforcement History For the Diamond Bar During Time Adnan Pajazetovic Was Its Manager(January 2009-January 2010) 7. The proposed premises at 313 W. 5th Street was licensed as the Diamond Bar from January 2009 until it closed in January 2010. The Diamond Bar was owned by Damir Pajazetovic and managed by his son, Adnan Pajazetovic. Adnan Pajazetovic was under the age of 21 during the time that he managed the Diamond Bar. During this time, the police department took a number of law enforcement actions against the Diamond Bar, which included: a. Tobacco violations for allowing smoking in the bar on January 23, 2009 and March 22, 2009 and a sale of tobacco to an underage person during a compliance check on March 31, 2009. All of the cases were sent to the Iowa Department of Public Health. A Diamond Bar employee was found guilty of selling tobacco to an underage person. b. On September 7, 2009, police officers identified two eighteen year old persons inside the premises of the Diamond Bar. The 20 year old bartender was warned,but no charges were filed .2 c. On September 26, 2009, officers identified two underage persons in the Diamond Bar, one of whom was intoxicated. Damir Pajazetovic was cited for 2 The city of Waterloo has an ordinance (Waterloo City Code §3-2-9) that prohibits persons under the legal age of 21 from entering or remaining in establishments"whose sale or dispensing of alcoholic beverages is more than fifty percent (50%) of the business conducted therein." The ordinance, however, has an exception allowing underage employees to be on the premises. See Waterloo City Code §3-2-9(D)(4)(a). In addition,the ordinance prohibits the holder of the liquor license or beer permit or any person employed upon such premises from knowingly permitting or failing to take reasonable measures to prevent the entry unto the premises of any and all persons who have not yet attained the age for the lawful purchase and possession of alcoholic beverages. DIA No. 12ABD003 Page 5 allowing underage persons in the bar, but the case was later dismissed as part of a plea bargain with Adnan Pajazetovic. One of the underage persons was charged and found guilty of public intoxication. Another patron was charged and found guilty of interference with official acts and public intoxication. d. On October 10, 2009, officers observed several persons enter the Diamond Bar who appeared underage. No one was checking identification at the door. The officers entered the bar and made an announcement that all underage persons were required to leave. The officers then counted one hundred and fourteen persons who left the premises. Officer Nissen reported making contact with at least 20 persons who admitted they were underage. Officers Monroe and Lindaman identified two fifteen year olds among the underage persons in the bar. Adnan Pajazetovic was interviewed and admitted that he knew there were underage patrons in the bar. Adnan Pajazetovic later pled guilty to allowing underage persons in the bar, in violation of the city ordinance. As part of this plea agreement, the September 26, 2009 charges against Damir Pajazetovic were dismissed. In addition, Diamond Bar employee Hall Podzic was convicted of serving alcohol to minors. The Iowa Alcoholic Beverages Division (Division) fined the Diamond Bar $500 for this violation. e. On October 28, 2009, Chief Jennings, Captain Beckman and Sgt. Greenlee met with Damir and Fata Pajazetovic to explain the violations, to warn them that no further violations would be tolerated, and to refuse their request to host a teen night. f. On December 4, 2009 at 10:12 p.m., officers observed and identified three underage persons (two 15 year olds and one 19 year old) leaving the Diamond Bar. All admitted they had been inside the bar. The bouncer, who was 18 years old, told the officers that he was verifying customer's ages. When the bouncer was asked about the underage persons seen leaving the establishment, the bouncer responded that they must have come in the back door and admitted that no one was watching the back door. The officers also identified six more underage persons inside the bar. Adnan Pajazetovic was questioned and could not explain why there were underage persons in the bar. Adnan Pajazetovic was charged and convicted of allowing underage persons in the bar. One of the underage patrons was charged and convicted of public intoxication. DIA No. 12ABD003 Page 6 g. On December 16, 2009, Captain Beckman and Sgt. Greenlee met with Damir Pajazetovic and told him that the police department would recommend that the city council deny the renewal of his liquor license. h. On January 16, 2010 at 11:00 p.m., officers entered the Diamond Bar to conduct a bar check. Adnan Pajazetovic was the manager on duty. Eleven underage persons were identified inside the bar. Seven of them were charged and later convicted of being underage in a bar. Five were charged with underage possession of alcohol. Three were convicted and two were given juvenile alcohol diversion. Adnan Pajazetovic was charged and later convicted of allowing minors in the bar. Damir Pajazetovic closed the Diamond Bar on January 22, 2010 before the Alcoholic Beverages Division could take further enforcement action on the alcohol violations. (Testimony of Sgt. Greenlee;Adnan Pajazetovic;Local Authority Exhibit 6) Ownership History of Club Fever:March 9, 2010 to April 7, 2011 8. From March 9, 2010 through February 14, 2011, Edin Sahinovic leased the building at 313 W. 5th Street from Damir Pajazetovic and operated a licensed liquor establishment under the business name of "Club Fever." Mr. Sahinovic also owned another bar in Waterloo at the same time. Club Fever had seven trouble calls during the eleven months that it was owned by Edin Sahinovic. The calls were for disorderly conduct, fights, and a liquor violation. Only one of the calls generated a police report. At the end of January 2011, Mr. Sahinovic informed Sgt. Greenlee that he was not going to renew his liquor license. He further informed Sgt. Greenlee that Damir Pajazetovic planned to take over the business and to apply for a new license under the same business name. (Testimony of Sgt. Greenlee; Local Authority Exhibit 6-4) 9. On February 9, 2011, Damir and Fata Pajazetovic applied for a new liquor license for Club Fever at 313 West 5th Street. Damir reported no arrests, charges, indictments, or convictions on the application. The background check revealed that he did have one criminal charge and one conviction that were not reported. In addition, he had not yet paid an outstanding $1500 fine for a second tobacco violation on March 31, 2009. The police department recommended denial of the DIA No.12ABD003 Page 7 liquor license. On February 21, 2011, the city council denied the application. Damir and Fatah Pajazetovic appealed the denial. On April 7, 2011, a proposed decision was issued affirming the denial. No appeal was filed from the proposed decision. (Testimony of Sgt. Greenlee;Local Authority Exhibit 6-5) Ownership of Club Fever:April 22, 2011-Present 10. On April 22, 2011, a new liquor license application was filed for Club Fever under the name of Nedzad Rekic. Sgt. Greenlee ran a criminal background check on Mr. Rekic and found one criminal violation for a sale to a minor that occurred on September 29, 2003 at the Mustang Bar, located at 1927 Jefferson in Waterloo. Damir Pajazetovic owned the Mustang Bar at the time of this violation. Sgt. Greenlee and Captain Leibold met with Mr. Rekic on May 6, 2011. Mr. Rekic was accompanied by another man (not Adnan Pajazetovic) who was identified as a person who would be assisting Rekic in the bar's daily operations. Sgt. Greenlee questioned Mr. Rekic about Damir Pajazetovic's involvement with his business. Mr. Rekic stated that he was the owner and would collect all revenue, and Damir was only the landlord. The city council voted to approve the license application. (Testimony of Sgt. Greenlee; Local Authority Exhibit 6-6) 11. On June 20, 2011, the Iowa Alcoholic Beverages Division (Division) received a complaint alleging that Nedzad Rekic was the owner of Club Fever in name only and that the Pajazetovic family actually owned the bar. Jeremy Kuhlman is a Division field auditor and investigator and was assigned to investigate the complaint. Mr. Kuhlman contacted Sgt. Greenlee and also obtained records from the Waterloo City Clerk concerning the bar's history and finances. Mr. Kuhlman contacted Nedzad Rekic concerning the complaint. Mr. Rekic told Kuhlman that he was the owner but he was on the road as a trucker. He told Kuhlman that Adnan Pajazetovic could answer any of his questions about the business. (Testimony of Jeremy Kuhlman) On July 29, 2011, Jeremy Kuhlman and Sgt. Greenlee met with Adnan Pajazetovic at Club Fever to discuss their concerns about ownership of the business. Adnan identified himself to them as the manager of Club Fever. Adnan told them that he hired and fired all employees, purchased all inventory and supplies for the business, and managed all daily operations. Following this meeting, Mr. Kuhlman continued to have concerns that Nedzad Rekic was the owner in name only and that the Pajazetovic family was receiving the profits from the business. Jeremy Kuhlman filed a report with the Attorney General's DIA No. 12ABD003 Page 8 office on October 24, 2011 that outlined his concerns about the ownership of Club Fever. To Kuhlman s knowledge, the report is still under review by the AG. a. The Club Fever bank account was in the names of Nedzad Rekic and Adnan Pajazetovic. Adnan told Kuhlman and Greenlee that Club Fever's profits were kept in this bank account. The fact that Adnan s name was on this account gave him access to the profits of the business. b. The lease provided for monthly rent of $3000 and required the tenant (Mr. Rekic) to pay the utilities. However, there was no evidence of any withdrawals from the Club Fever bank account for the payment of rent or utilities. The only exception was a monthly electronic withdrawal from the Club Fever bank account to Mediacom. The other utilities, including the account with MidAmerican Energy, were listed in Club Fever's name but the billing address was 1202 Bertch Ave., which is the home of Damir and Adnan Pajazetovic. Adnan told Kuhlman that Mr. Rekic paid Damir in cash for both the rent and utilities. c. There was no record of any wages or salary paid to Adnan Pajazetovic from the Club Fever bank account. Adnan told Kuhlman and Greenlee that Mr. Rekic paid him$500 in cash each week and that the two female employees were only paid in tips. d. Adnan Pajazetovic reported that he set up the dram shop insurance for Club Fever and that he entered into contracts to remodel the building. e. Mr. Kuhlman understood that Damir Pajazetovic owned the trucking company that employed Nedzad Rekic, which raised additional concerns about their business relationship. f. On July 29, 2011, Jeremy Kuhlman spoke to Adnan Pajazetovic by telephone. Adnan told Kuhlman that he had removed his name from the Club Fever bank account. When he was asked again about payroll, Adnan reiterated I. that Mr. Rekic paid him$500 a week in cash. (Testimony of Jeremy Kuhlman;Local Authority Exhibit 6-6) DIA No. 12ABD003 Page 9 12. On March 30, 2012, a nineteen year old male was seriously assaulted outside of Club Fever. The victim was sent to University of Iowa Hospital with a bleed in his brain. According to the police report, the victim had been in Club Fever that evening, had a lot to drink, and had been buying shots for other customers. A friend who was with the victim told police that the bar knew the victim, knew he was underage, and still served him. The victim was apparently assaulted by another Club Fever patron during an altercation over a female. This incident remains under investigation. (Testimony of Sgt. Greenlee; Local Authority Exhibit 7) At hearing, Adnan Pajazetovic explained that this was a busy night at Club Fever. He maintained that everyone was asked for identification and that the only way that the victim could have gotten into Club Fever was with a valid ID. (Testimony of Adnan Pajazetovic) 13. In March 2012, Adrian Pajazetovic called Sgt. Greenlee to ask how many calls for service they had for Club Fever during Mr. Rekic's ownership. Sgt. Greenlee ran a call reporting search that showed fourteen calls for service, with nine of them being trouble calls for disorderly conduct, fights, and suspicions. Adnan told Sgt. Greenlee he was planning to file for a license for Club Fever in his own name. Sgt. Greenlee received Adnan Pajazetovic's license application on April 3, 2012. Mr. Rekic's license was due to expire on April 21, 2012, but he renewed it so that Club Fever would not have to close and possibly lose customers while Adnan waited for his liquor license. Although Club Fever is currently profitable, Nedzad Rekic is not asking Adrian to pay him any money to take it over. (Testimony of Sgt. Greenlee; Jeremy Kuhlman; Adrian Pajazetovic; Local Authority Exhibit 6-6). *- 14. At hearing, Adnan Pajazetovic testified that Nedzad Rekic actually owns the trucking company and employs Damir as a driver and Adnan as a dispatcher. Adnan further testified that Mr. Rekic pays him and his father by check for their work at the trucking company. Adnan further testified that he works at Club Fever from 6:00 p.m. to 1:30 a.m., Thursday-Saturday, which are the only nights that the business is currently open. Adrian testified that he is just "helping out" Mr. Rekic and is not paid separately for his work as the Club Fever manager, but that Rekic gives him "a little extra" on his paycheck for the trucking company. Adnan further testified that after Club Fever was open for a few months, Nedzad Rekic felt that the $3000 rent was a little high, so Damir agreed to pay the utilities to help Rekic out DIA No. 12ABD003 Page 10 a little bit. This change to the lease terms was not put in writing or communicated to the local authority. (Testimony of Adnan Pajazetovic) CONCLUSIONS OF LAW I. Division's Statutory Authority to Review License Denials and Burden Of Proof Upon receipt of an application having been disapproved by the local authority, the Division Administrator is required to notify the applicant of the right to appeal the disapproval to the administrator.3 At the hearing before the administrator (or the administrator's designee or an administrative law judge), it is the applicant's burden to establish compliance with the requirements for holding a liquor license in the state of Iowa.4 If the administrator determines that the applicant complies with all of the requirements for holding a liquor license then the administrator shall order its issuance. If the administrator determines that the licensee or applicant does not comply with the requirements for holding a liquor license, the administrator shall disapprove its issuance.' II. Disclosure of Ownership Interests and the Statutory Good Moral Character Requirement. A class "C" liquor control license must be issued in the name of the individuals who actually own the entire business.' Applicants for liquor licenses are required to disclose the names and addresses of all persons having a financial interest in the business, by way of loan, ownership, or otherwise.' The Iowa Alcoholic Beverages Act authorizes the Division to sanction a licensee for misrepresentation of any material fact in the application for the license or permit.' This would include misrepresentations concerning ownership, which is a material fact. A liquor control license may only be issued to a person who is of "good moral character" as defined by Iowa Code chapter 123.9 The "person of good moral 3 Iowa Code section 123.32(6)(a)(2011). Iowa Code section 123.32(7)(2011). 5Id. 6 Iowa Code section 12.30(3)(c)(1)(2011). 7 Iowa Code section 123.31(3)(2011). 'Iowa Code section 123.39(1)(b)(1)(2011). 9Iowa Code section 123.30(1)(a)(2011). DIA No. 12ABD003 Page 11 character" requirement is defined by statute.10 Any person who, directly or indirectly, has an interest of ten percent or more in the ownership or profits of the business must meet the statutory good moral character requirement.11 In order to ensure that the good moral character requirement is met, it is essential that applications identify all persons with an ownership interest in the business. Good Moral Character/Good Reputation "Person of good moral character" is defined, in relevant part, to mean that the person has such financial standing and good reputation as will satisfy the administrator that the person will comply with Iowa Code chapter 123 and all laws, ordinances, and regulations applicable to the person's operations.12 Therefore, the applicant's history of compliance with local ordinances and liquor laws is relevant to good moral character. A local authority or the administrator may consider an applicant's financial standing and good reputation, in addition to the other requirements and conditions for obtaining a liquor control license,...and the local authority or the administrator shall disapprove or deny an application for a liquor control license,...if the applicant fails to demonstrate that the applicant complies with the lawful requirements and conditions for holding the license...13 When evaluating an applicant's "good reputation," the local authority or administrator "may consider such factors as, but not limited to, the following: ... pattern and practice by the licensee or permittee or the licensee's or permittee's agents or employees, of violating alcoholic beverages laws and regulations for which corrective action has been taken since the previous license or permit was issued, sales to intoxicated persons, licensee or permittee convictions for violation of laws relating to operating a motor vehicle while under the influence of drugs or alcohol, the recency of convictions under laws relating to operating a motor vehicle while under the influence of drugs or alcohol, licensee or permittee misdemeanor convictions, the recency of the misdemeanor convictions."14 The totality of the record justifies the local authority's decision to deny the pending liquor license application filed by Watercity, LLC d/b/a Club Fever. As the manager of the proposed premises when it was still licensed in his father's 1I Iowa Code section 123.3(26)(2011). 11 Iowa Code section 123.3(26)(e)(3)(2011). 12Iowa Code section 123.3(26)(2011)(emphasis supplied). 13185 IAC 4.2(4). 14185 IAC 4.2(4)"b." (emphasis supplied). DIA No. 12ABD003 Page 12 name, Adnan Pajazetovic had three convictions for violations of the local authority's ordinance prohibiting underage persons on the premises. The violations occurred after repeated warnings from local law enforcement. The violations all involved aggravated circumstances, including large numbers of underage persons on the premises, underage persons who were intoxicated, and underage persons who were as young as 15 years old. As In addition to his history of liquor ordinance violations, the record raises significant and troubling questions about the truthfulness of Adnan Pajazetovic's claims that Nedzad Rekic is the 100% owner of Club Fever at the present time and his claim that he will be the 100% owner of Watercity LLC, d/b/a Club Fever if a new license is granted. Adnan's father, Damir Pajazetovic, was denied a license for the same location on April 7, 2011, based on lack of good moral character. The proposed decision affirming this denial following hearing was not appealed and became final. After Damir's license was denied, the location was licensed under a new owner (Nedzad Rekic) who has close ties to Damir Pajazetovic. Adnan then became the manager of Club Fever and controlled its daily operations. Adnan's description of his responsibilities included authority that is typically reserved for an owner, such as authority to enter into contracts on behalf of the business and access to the profits of the business through the joint bank account. When Kuhlman contacted Nedzad Rekic to ask about the business ownership, Mr. Rekic referred all questions to Adnan. This was a highly unusual response from an owner of a profitable business receiving an inquiry from a regulatory agency. Adnan admitted at hearing that he will not be paying Nedzad Rekic any money to purchase the business. It is unclear how or when Adnan was paid by Mr. Rekic for his management duties, as would be expected if Adnan was Mr. Rekic's employee and not a person with an ownership interest. Adnan told Mr. Kuhlman and Sgt. Greenlee that Mr. Rekic paid him $500 a week in cash, but no documentation was provided to show that the wages/salary was ever paid by Mr. Rekic to Adnan. When asked about his wages at hearing, Adnan provided an entirely different explanation. He testified that Mr. Rekic just paid him "extra" on his paycheck as a truck dispatcher. There were also other inconsistencies in Adnan's various statements about the landlord-tenant relationship between Mr. Rekic and Damir. Contradictory information was provided concerning lease and utility payments, how much they were, and who was responsible for them. No documentation DIA No. 12ABD003 Page 13 was ever provided to verify that lease payments had been made by Mr. Rekic to Damir Pajazetovic. Adnan Pajazetovic has also provided inconsistent and contradictory information concerning his pending license application. The lease terms require Adnan to pay Damir $830 per month in rent plus utilities. Notably, this rent is significantly lower than the $3000 rent purportedly paid by the current tenant, Mr. Rekic. At hearing, however, Adnan testified that his father would pay the utilities for him because he wants to "help him out." Adnan also provided contradictory information concerning the money that his father gave him to start the business. Adnan initially reported the money to the local authority as a loan; at hearing he described it as a gift with no expectation of repayment. The information provided by Adnan in the license application and his verbal statements and testimony lack credibility. The applicant has failed to establish, based on a preponderance of evidence, that he possesses the requisite "good moral character" to hold a liquor license. The applicant has a fairly significant history of liquor law violations at this location. Moreover, the record at hearing raises significant doubts about the true ownership of Club Fever, both under the current application and under the existing liquor license. Based on this record, it appears likely that Damir Pajazetovic has continued to have an undisclosed ownership interest in Club Fever. The local authority's decision to deny the liquor license application should be affirmed. DECISION AND ORDER IT IS THEREFORE ORDERED that the decision of the city of Waterloo to deny the new Class "C" liquor license application filed by Watercity, LLC d/b/a Club Fever, is hereby AFFIRMED. 185 IAC 10.27(1) and (2) provide that any adversely affected party may appeal a proposed decision to the Administrator of the Alcoholic Beverages Division within thirty (30) days after issuance of the proposed decision. In addition, the Administrator may initiate review of a proposed decision on the Administrator's own motion at any time within thirty (30) days following the issuance of a proposed decision. DIA No. 12ABD003 Page 14 Requests for review shall be sent to the Administrator of the Alcoholic Beverages Division, 1918 S.E. Hulsizer, Ankeny, IA 50021. Unless otherwise ordered, each appealing party may file exceptions and briefs within thirty (30) days of the notice of appeal or order for review. Within thirty (30) days thereafter, any party may file a responsive brief. The Administrator may shorten or extend the briefing period as appropriate. The Administrator may resolve the appeal on the briefs or provide an opportunity for oral argument. 185 IAC 10.27(6). The administrator may affirm, reverse or modify the proposed decision. A party who is adversely affected by the proposed decision shall not be deemed to have exhausted administrative remedies unless the adversely affected party files a request for review of the proposed decision within the time provided and the Administrator has reviewed the proposed decision and has affirmed, reversed, or modified the proposed decision. Dated this 10th day of May, 2012. Margaret LaMarche Administrative Law Judge Department of Inspections and Appeals Administrative Hearings Division 3rd Floor, Wallace State Office Building Des Moines, IA 50319 CC: See attached mailing list DIA No. 12ABD003 Page 15 Copies to: Margaret LaMarche Chief Daniel Trelka Administrative Law Judge Waterloo Police Department Department of Inspections &Appeals 715 Mulberry Administrative Hearings Division Waterloo, IA 50703-5783 Wallace State Office Bldg-3`d Fl., 502 E 9th Steve Bogle Des Moines, Iowa 50319 Iowa Lottery 2323 Grand Avenue John Lundquist Des Moines, Iowa 50312 Assistant Attorney General Department of Justice Steven Mandernach Hoover State Office Building Social Gaming Unit Des Moines, Iowa 50319 Lucas State Office Bldg. Des Moines, Iowa 50319 Lt. Olmstead ISP, District#9 Karen Freund 1510 W. 1st Street Licensing/Regulatory Bureau Chief Cedar Falls, Iowa 50613 Iowa Alcoholic Beverages Division 1918 SE Hulsizer Sgt. Bob Greenlee Ankeny, Iowa 50021 Waterloo Police Department 715 Mulberry Street Adnan Pajazetovic Waterloo, Iowa 50703 Club Fever 313 W 5d' Street Suzy Schares Waterloo, Iowa 50702 Clerk-City Hall 715 Mulberry Street Waterloo, Iowa 50703-5783 Emily Bartekoske Waterloo City Attorney 715 Mulberry Waterloo, IA 50703-5783 ��,, �. CITY OF WATERLOO , IOWA r, / w�`<<!/ ! COMMUNITY PLANNING AND DEVELOPMENT ,,,%Q3�� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 rQt/p0 NOEL C.ANDERSON,Community Planning&Development Director Council Communication t CJ J�,/M --- Mayor City Council Meeting:Aril 17 2012 CLARK Prepared: April 23, 2012 L` lk�TBUCK 45 �l!1 '�to Dept. Head Signature: -.--'" 'rt COUNCIL # of Attachments: MEMBERS SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., set a date of public hearing, and publish an official notice pertinent to the DAVID JONES taking of bids and request to receive and open the proposals for the Request for Ward 1 Proposal for Demolition and Site Clearance Services (no regulated asbestos- containing materials) for 550 Esther Street(former Chamberlains Manufacturing). CAROLYN COLE Ward 2 Submitted by: Noel Anderson, Community Planning&Development Director HAROEY D Recommended City Council Action:Preliminary approval of the plans, Ward 3 specifications, forms of contract, etc. and set a date of hearing and bid opening May 21, 2012. QUENTIN HART Ward Summary Statement: This project includes demolitions, removals, and restoration at the former Chamberlain Manufacturing Plant site. This is a continuation of RON previous demolition and removal projects at the site. Work of this project consists WEEPER Wards of demolition of the remainder of site structures, removal of footings and slabs (both Portland cement concrete and asphalt concrete), and removal of tanks. All BOB debris from this project is to be hauled off-site for disposal or recycling. GREENWOOD At-Large Restoration includes backfilling and grading with a combination of imported and on-site soils, spreading of topsoil, seeding and mulching. Plans and Specifications STEVE governing the construction of the proposed improvements have been prepared by ArL e TT HR Green, 8710 Earhart Lane S.W., Cedar Rapids, Iowa, 52409-9009. Expenditure Required:To be determined. Estimated at$300,000 to$450,000. Source of Funds: This program is funded in part by federal HUD EDI and Iowa Brownfield grant funds. Policy Issue: Slum and Blight, Brownfield Redevelopment Alternative: N/A Background Information: The objective of this EPA Brownfield's Cleanup Project is to make the former Chamberlain Site available for redevelopment as open space. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! . An Equal Opportunity/Affirmative Action Employer {•"a.r `{i' The former Chamberlain Site is located at 550 Esther Street. The Site occupies approximately 22 acres and is topographically flat. The property has a manufacturing history dating back to the early 1900s. Chamberlain Manufacturing Company ceased operations in the early 1990's. The site was sold for warehousing in 1996. The City of Waterloo took ownership of the property in December 2005 after completing Phase I and II environmental assessments. After the conclusion of the Phase II, Supplemental Phase II and Baseline Monitoring, the former site owner and operator, Chamberlain Manufacturing, has agreed to voluntarily complete most of the remaining cleanup and investigation of the site. cc: Noel Anderson,Community Planning&Development Director Aric Schroeder,City Planner CITY OF WATERLOO l k : 5/ 1/2.6I, Council Communication �bYlV^ - �/���� City Council Meeting: April 16, 2012 1)iI l I ,, Prepared: A ril 10 201 Dept. Head Signatur # of Attachments: 1 SUBJECT: Byrnes Park Drainage Project Submitted by: JB Bolger.. Golf& Downtown Area Maintenance Manager Recommended City Council Action: Approve these documents, set May 7, 2012, 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 Byrnes Park Drainage Project, as prepared by the City Engineer's Office. Expenditure Required: To Be Determined Source of Funds: Black Hawk County Gaming Grant, Golf Improvements Bond Funds Policy Issue: N/A Alternative: N/A Background Information: Project will improve drainage on Iry Warren Golf Course, in Byrnes Park and Tennis Center and reduce flash flooding concerns in the surrounding neighborhood. Additionally the Byrnes Pool parking lot will be reconstructed with the necessary detention basins to meet applicable codes and ordinances. •MARIA ARMSTRONG From: TRACIA ROSS Sent: Wednesday, May 02, 2012 2:26 PM To: MARIA ARMSTRONG Subject: RE: Action for bid date change? Yes you are correct. I noticed that there was no fiscal year or contract number on that. Guess I'm used to seeing what I submit. Tracia Ross Secretary City of Waterloo Engineering 715 Mulberry Street Waterloo,IA 50703 Ph: 319-291-4312 Fax: 319-291-4262 From: MARIA ARMSTRONG Sent: Wednesday, May 02, 2012 2:21 PM To: TRACIA ROSS Subject: RE: Action for bid date change? I'm assuming that is the Byrnes Park Drainage Project. JB said something may change on that. I'll add the contract number to the communication. Thanks. Maria Armstrong City of Waterloo-City Clerk&Finance Department 715 Mulberry Street Waterloo, Iowa 50703 W. 319-291-4323 F.• 319-291-4571 E: maria.armstrong@waterloo-ia.or_q From: TRACIA ROSS Sent: Wednesday, May 02, 2012 2:17 PM To: MARIA ARMSTRONG Subject: RE: Action for bid date change? leisure services sent that item....item 20 on the agenda from the 4/23/12. Tracia Ross Secretary City of Waterloo Engineering 715 Mulberry Street Waterloo,IA 50703 Ph: 319-291-4312 Fax: 319-291-4262 From: MARIA ARMSTRONG 5/2/2012 Sent: Wednesday, May 02, 2012 2:11 PM To: TRACIA ROSS Subject: RE: Action for bid date change? I don't even have that item going to council to set a date of hearing & bid opening. Could you do a council communication and I'll get it on the agenda as we normally have projets set? Thank you Tracia, Maria Armstrong City of Waterloo-City Clerk&Finance Department 715 Mulberry Street Waterloo, Iowa 50703 W: 319-291-4323 F: 319-291-4571 E: maria.armstronq(cilwaterloo-ia.org From: TRACIA ROSS Sent: Tuesday, May 01, 2012 4:13 PM To: MARIA ARMSTRONG Subject: RE: Action for bid date change? Contract 822. Change bid date from 5/7 to 5/21. thank you. Tracia Ross Secretary City of Waterloo Engineering 715 Mulberry Street Waterloo,IA 50703 Ph: 319-291-4312 Fox: 319-291-4262 From: MARIA ARMSTRONG Sent: Tuesday, May 01, 2012 3:57 PM To: TRACIA ROSS Subject: RE: Action for bid date change? Just let me know the project & I'll just use that communication as we did last time. Thanks Tracia, Maria Armstrong City of Waterloo-City Clerk& Finance Department 715 Mulberry Street Waterloo, Iowa 50703 W: 319-291-4323 F: 319-291-4571 E: maria.armstronq(Wwaterloo-ia.orq From: TRACIA ROSS 5/2/2012 • Sent: Tuesday, May 01, 2012 3:45 PM To: MARIA ARMSTRONG Subject: Action for bid date change? Maria, I have another project that the plans and specs went to council and the hearing and bid date was set but now needs to be changed. How would you like me to proceed with that? Tracia Ross Secretary City of Waterloo Engineering 715 Mulberry Street Waterloo,IA 50703 Ph: 319-291-4312 Fax: 319-291-4262 5/2/2012 MARIA ARMSTRONG From: TRACIA ROSS Sent: Tuesday, May 01, 2012 4:13 PM To: MARIA ARMSTRONG Subject: RE: Action for bid date change? Contract 822. Change bid date from 5/7 to 5/21. thank you. Tracia Ross Secretary City of Waterloo Engineering 715 Mulberry Street Waterloo,IA 50703 Ph: 319-291-4312 Fax: 319-291-4262 From: MARIA ARMSTRONG Sent: Tuesday, May 01, 2012 3:57 PM To: TRACIA ROSS Subject: RE: Action for bid date change? Just let me know the project& I'll just use that communication as we did last time. Thanks Tracia, Maria Armstrong City of Waterloo-City Clerk&Finance Department 715 Mulberry Street Waterloo, Iowa 50703 W 319-291-4323 F: 319-291-4571 E: maria.armstrongwaterloo-ia.orq From: TRACIA ROSS Sent: Tuesday, May 01, 2012 3:45 PM To: MARIA ARMSTRONG Subject: Action for bid date change? Maria, I have another project that the plans and specs went to council and the hearing and bid date was set but now needs to be changed. How would you like me to proceed with that? Tracia Ross Secretary City of Waterloo Engineering 715 Mulberry Street Waterloo,IA 50703 Ph: 319-291-4312 Fax: 319-291-4262 5/2/2012 • MARIA ARMSTRONG From: TRACIA ROSS Sent: Tuesday, May 01, 2012 3:45 PM To: MARIA ARMSTRONG Subject: Action for bid date change? Maria, I have another project that the plans and specs went to council and the hearing and bid date was set but now needs to be changed. How would you like me to proceed with that? Tracia Ross Secretary City of Waterloo Engineering 715 Mulberry Street Waterloo,IA 50703 Ph: 319-291-4312 Fax: 319-291-4262 5/2/2012 CITY OF WATERLOO 11 t9— Council Communication City Council Meeting: May 7, 2012 Prepared: May 1, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2012 LOGAN AVENUE SIDEWALK CONTRACT NO. 782 Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: It is recommended that Council approve these documents, set May 21, 2012, as the date for the public hearing and bid opening and instruct the City Clerk to publish notice of public hearing and notice to bidders. Summary Statement: Transmitted herewith are the Plans and Specifications for the F.Y. 2012 LOGAN AVENUE SIDEWALK, Contract No. 782, as prepared by the City Engineer's Office. Expenditure Required To Be Determined Source of Funds ADA Commission Funds Policy Issue N/A Alternative None Background Information: This project includes the construction of sidewalk along the west side of Logan Ave. (Highway 63) from Donald Street to the Hy-Vee entrance. F.Y. 2012 Logan Avenue Sidewalk, Contract No. 782 May 21, 2012 Bid Tab Estimate: $75,544.91 Bid Security Required Bidder Bid Security Bid Amount B & B Builders & Supply 5728 Sierra Drive 3 D61, !D Waterloo, Iowa 50701 ` Mike Dolan Concrete and Masonry Inc. 7c) 67q0, /o' 1140 Fairchild Street � 7 Waterloo, Iowa 50703 CITY OF WATERLOO -quol.. s19ttlg-6(9. Council Communication City Council Meeting: May 7, 2012 Prepared: May 1, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2012 SIDEWALK REPAIR PROGRAM- ZONE 2 CON TRACT NO. 824 Submitted by: Wayne Castle, PLS, EL Associate Engineer Recommended City Council Action: It is recommended that Council approve these documents, set May 21, 2012, 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. 2012 SIDEWALK REPAIR PROGRAM—ZONE 2, Contract No. 824, as prepared by the City Engineer's Office. Expenditure Required To Be Determined Source of Funds G.O. Bonds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director F.Y. 2012 2012 Sidewalk Repair Program—Zone 2, Contract No. 824 May 21, 2012 Bid Tab Estimate: $96,063.61 Bid Security Required Bidder Bid Security Bid Amount B & B Builders & Supply �i� ?Y r 5728 Sierra Drive Waterloo, Iowa 50701 CITY OF WATERLOO IOWA re WASTE MANAGEMENT SERVICES q� 3505 EASTON AVE. WATERLOO,IA 50702 (319)291-4553 FAX(319)291-4523 'erj00 " LARRY N.SMITH SUPERINTENDENT Council Communication Mayor City Council Meeting: 5/7/2012BUCK CLARK Prepared: 5/2/2012 I ► ���� Cjl�(I,9tf Dept. Head Signature: Larry N. Smith H # of Attachments: COUNCIL MEMBERS SUBJECT: Yardwaste Grinding DAVID JONES Submitted by: Keith Kearns, Collection System Maintenance Supervisor 04 Ward I CAROLYN Recommended City Council Action: Requesting permission to seek bids for grinding of COLE brush at the yardwaste site. We are so far behind from last falls brush stockpile,we are Ward 2 unable to keep up with this springs brush. HAROLD GETTY Ward 3 QUENTIN Summary Statement: HART Ward 4 RON WELPER Expenditure Required: approximately$35,000.00 Ward 5 BOB GREENWOOD Source of Funds: 525 15 5400 1386 At-Large STEVE SCHMITT Policy Issue: At-Large Alternative: Background Information:The grinder we are renting to buy is breaking down more than anticipated and we need to get the yardwaste site under control. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA 1. '��m WASTE MANAGEMENT SERVICES dt 3505 EASTON AVE. WATERLOO, IA 50702 (319)291-4553 FAX(319)291-4523 �'tlp0 LARRY N.SMITH SUPERINTENDENT Mayor BUCK CLARK Instructions to Prospective Bidders COUNCIL This is a one-time agreement with the City of Waterloo to grind the existing pile of yardwaste MEMBERS at the Waste Management Services Yardwaste Site,3505 Easton Ave, Waterloo,IA. The Contractor is to bid the existing pile at a total volume price,provide the equipment and DAVID labor to grind the brush at four inches or less on the end product. JONES At completion of grinding,the contractor shall deem the process complete and the city shall Ward i assume the responsibility of further disposition of the finished product. CAROLYN COLE Sealed bid must be received by the City Clerks Office at 715 Mulberry St. Waterloo,Iowa Ward 2 50703 by 4:00 pm on Monday May 21,2012. HAROLD The City reserves the right to reject and/or refuse any and/or all bids for justifiable cause. GETTY Ward 3 If I,or my staff,can be of further assistance regarding this issue please contact us to your discretion. QUENTIN HART Sincerely, Ward 4 RON '% / 44 WELPER L ""arry N. Smith,Superintendent Ward 5 Waste Management Services BOB GREENWOOD At-Large STEVE SCHMITT At-Large WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer REQUEST FOR PROPOSALS TO GRIND EXISTING BRUSH PILE AT CITY'S YARDWASTE SITE The City of Waterloo, Iowa is seeking proposals to provide equipment, and labor for grinding existing yardwaste pile at the City's yardwaste site. Scope of Services: Introduction A. This contract is to provide for the equipment and labor to grind existing brush at Waste Management Services yardwaste site. II. Miscellaneous Provisions. A. The agent for the Contractor shall be: Correspondence to the Contractor shall be mailed or delivered to: B. Contractor agrees to comply with and obey all ordinances of City, and agrees to assume all liability for any and all claims and/or causes of action at law or equity or otherwise which may arise from this Agreement. Contractor further agrees to release City, including its employees and agents, from any and all claims and/or causes of action,which may arise from this Agreement. Contractor has been informed of the ramifications involved with this Agreement, and knowing and acknowledging them, Contractor voluntarily agrees to assume and accept these ramifications. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City, its consultants, agents, and/or employees from and against all claims, damages, losses and expenses, including but not limited to, attorney's fees whether incurred prior to or during litigation, administrative hearings, arbitration,or bankruptcy proceedings, including trial and appellate levels,which may in any way arise out of or result from this Agreement, provided that any such claim, damage, loss, or expense is caused in whole or in part by any negligent act or omission or other fault of Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable,regardless of whether or not it was caused in part by a party indemnified hereunder. C. The City's agent shall be the Superintendent of Waste Management Services or designee. All notices and correspondence by the contractor shall be directed to him through his office at: 3505 Easton Ave. Waterloo, Iowa, 50702 D. Insurance 1. Contractor shall at all times during this contract maintain in full force and effect Employer's Liability, Worker's Compensation, Public Liability,and Property Damage Insurance, including contractual liability coverage for the indemnity and hold harmless provisions of the contract. All insurance shall be by insurers acceptable to the City and for policy limits acceptable to the City. The City of Waterloo shall be specifically named as an additional insured on all insurance. Before commencement of work hereunder, Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. The certificates shall contain the following express obligations: "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change, 30 days prior written notice will be given the certificate holder." For purpose of this contract, Contractor shall carry the following types of insurance in at least the limits specified below: COVERAGES LIMITS OF LIABILITY Worker's Compensation Statutory Employer's Liability $500,000 Bodily Injury Liability Except Automobile $1,000,000 each occurrence Property Damage Liability Except Automobile $1,000,000 each occurrence Automobile Bodily Injury Liability $1,000,000 each occurrence Additional Excess Liability $1,000,000 Automobile Property Damage Liability $1,000,000 each occurrence No deductible provisions shall prevail in any of the Insurance policies. E. Payment Payment by the City shall be make within thirty (30) days of receiving statement from Contractor of services completed. F. Contract Monitor The City will monitor the Contractor's operation on a regular basis by having an observer on site. The role of this monitor will be to assure that operations are conducted in accordance with the terms of this agreement. The observer should not be expected to perform any duties for or on behalf of the Contractor other than to act as a resource for information relating to the City's solid waste operations. G. Term The term of this contract shall be no longer(30)days. The City and the Contractor may mutually extend this contract for an additional to weeks(14) days. H. Attachments The following attachments shall be a part of this contract: 1) Certificate of Insurance I. Award of Contract Final selection of a contractor will be made of the responsive and responsible firm or firms whose Proposal, conforming to these documents, is most advantageous to the City of Waterloo; price and other factors considered. The intention is to award the contract within a reasonable time,not exceeding thirty(30) days. The City Council may, when in it's interest, reject any or waive any informality in Proposals received. The City Council may reject any or all Proposals if deemed in the best interests of the City. i FORM OF CONTRACT CONTRACT FOR CITY OF WATERLOO YARD WASTE GRINDING CITY OF WATERLOO, IOWA This contract is made and entered into this day of 20 , by and between the City of Waterloo,Iowa, a Municipal Corporation, (Hereinafter referred to as City), and of , Iowa(hereinafter referred to as Contractor), WITNESSETH: PAR.1 The Contractor is to provide the equipment and labor to grind the existing brush pile at the City's yardwaste site. PAR. 2 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to perform said services in a thorough, substantial, and a workmanlike manner, and with the requirements of this contract, and of the provisions made a part hereof by reference, and to the satisfaction and approval of the City and its Superintendent of Waste Management Services. PAR. 3 Should the Contractor fail to perform said services in accordance with the terms and conditions of this contract or provisions therefore as herein specified, the City may pay such additional sums to another party to perform the work Contractor failed to perform and deduct any and all such sums from any amount due Contractor. PAR. 4 Contractor agrees to comply with and obey all ordinances of City, and agrees to assume all liability for any and all claims and/or causes of action at law or equity or otherwise which may arise from this Agreement. Contractor further agrees to release City, including its employees and agents, from any and all claims and/or causes of action, which arise from this Agreement. Contractor has been informed of the ramifications involved with this Agreement, and knowing and acknowledging them, Contractor voluntarily agrees to assume and accept these ramifications. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless City, its consultants, agents and /or employees from and against all claims, damages, losses and expenses. PAR. 5 The Contractor agrees to pay punctually all just claims of labor, material, persons, or subcontractors who shall perform labor or furnish materials or services entering into these services. It is agreed that the City need not pay the contractor until the Contractor pays all such claims. Contractor shall, prior to payment by City, provide City with a release of lien of any subcontractors, which shall release City from any liens on account of Contractor's failure to pay for labor, material, or persons under this Agreement. PAR. 6 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof without reasonable cause, or should it fail to proceed with said work within 24 hours after a notice to continue or carry it on has been served to it at the address given herein by the City, then the city may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the contractor and the sureties on its bond shall be liable to the City for all costs and expenses arising out of contractor's failure as stated herein. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, or may be recovered by the City in an action upon Contractor's bond. PAR. 7 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, the City agrees to pay to the Contractor, in the manner set out in the Scope of Services, the amount of money due the Contractor for work performed, at the prices set out in the Scope of Services. PAR. 8 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. This Agreement may not be altered, modified, or changed in any manner without prior written approval of the parties. CITY OF WATERLOO, IOWA Mayor City Clerk CONTRACTOR BY: Title: Approved by the City Council of the City of Waterloo, Iowa this day of , 20 . ATTEST; , City Clerk, Waterloo, Iowa. Yardwaste Grinding Project May 21, 2012 Bid Tab Estimate: $ Bid Security Not Required Bidder Bid Amount V Laerne De Boef lS p-er yQr) 3y �� /I ���Ih. CITY OF WATERLOO , IOWA obi &tT�/fi mr �.... COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 drer1o° \O NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: May 7, 2012 Mayor Prepared: May 2, 2012 I {, q 9,1 000 BUCK Dept. Head Signature: CLARK g # of Attachments: `J COUNCIL MEMBERS SUBJECT: Resolution setting the date of public hearing as May 21, 2012 to DAVID approve a Site Plan Amendment request to the "C-1,C-Z" Conditional Zoning JONES District by the City of Waterloo on the behalf of the Calico Hen's House, to allow Ward 1 for Calico Hen's House, located at 1040 Alabar Avenue to sell native wines from CAROLYN the premises. COLE Ward 2 Submitted by:Aric Schroeder, City Planner HAROLD Recommended CityCouncil Action: Approval, with conditions. GETTY pp Ward 3 Summary Statement: Transmitted herewith is a request by the City of Waterloo on QUENTIN the behalf of the Calico Hen's House for a site plan amendment to the "C-1,C-Z" HART Conditional ZoningDistrict to be able to sell native wines from their antique store Ward 4 q located at 1040 Alabar Avenue. The request to sell bottles of native wine from the RON site would not appear to have a negative impact on the surrounding area. There are WELPER some nearby, established alcohol sales uses, such as Chaser's Pub, located at 3005 Ward 5 University Avenue, a liquor store at 2829 University Avenue, and Las Margaritas BOB Restaurant, located at 2822 University Avenue. GREENWOOD At-Large The site in question is zoned "C-1,C-Z", and was rezoned as such on August 15, STEVE 1988. It is unclear if there were any specific conditions attached to the site when it SCHMITT was rezoned from "R-3" Multiple Residence District, however, due to the site At-Large being conditionally zoned and the request to add alcohol sales to the property, it was determined that a site plan amendment would be required. The existing use will need to sign an agreement to be a Limited Alcohol Sales Use, meaning that less than 50% of their gross sales at the location will come from the sale of alcoholic beverages. Due to the business only selling native bottles of wine, and that the primary function of the site is the sale of antiques, staff does not believe that the sale of native wine products from the site will negatively impact the surrounding area, and the applicant has agreed to be a Limited Alcohol Sales Use. If the applicant were requesting to sell other alcoholic beverages such as beer and/or distilled spirits, there could be greater concern. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer At the May 1, 2012 Planning, Programming and Zoning meeting, the following condition was attached to the request and unanimously approved by the Commission: 1. That the alcohol sales from the site at 1040 Alabar Avenue be limited to the sale of native wines and no other alcoholic beverages. Therefore, staff would recommend approval of the Site Plan Amendment request to the "C-1,C-Z" Conditional Zoning District, to allow for the existing antique store at 1040 Alabar Avenue to be a Limited Alcohol Sales Use and sell native bottles of wine from the premises. Expenditure Required: None Source of Funds: None required Policy Issue:Alcohol Sales Alternative: Background Information: There are multiple retail uses within the existing Alabar Plaza, and allowing the use in question to sell bottles of native wines would not appear to negatively impact those existing uses. Legal Description: See attached Exhibit"A" AS:ta cc: Noel Anderson, Community Planning&Development Director --file-- May 1,2012 REQUEST: Request for a Site Plan Amendment to the "C-1,C-Z" Conditional Zoning District to allow for the business at 1040 Alabar Avenue to sell native wines at the site. APPLICANT(S): City of Waterloo on the behalf of Calico Hen's House, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting the site plan amendment for the DESCRIPTION: purpose of being able to sell bottles of native wines at the store. SURROUNDING The request to sell bottles of native wine from the site would LAND USES AND not appear to have a negative impact on the surrounding area. IMPACT ON There are some nearby, established alcohol sales uses, such NEIGHBORHOOD: as Chaser's Pub, located at 3005 University Avenue, a liquor store at 2829 University Avenue, and Las Margaritas Restaurant, located at 2822 University Avenue. The site in question is an antique store, and the sale of the wine would account for a very small amount of the sites sales, and this could be considered a Limited Alcohol Sales Use. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact on the surrounding traffic conditions in the TRAFFIC area. CONDITIONS: Access to the site is gained from Alabar Avenue, which is classified as a Local Street. The site has nearby access to University Avenue, which is classified as a Principal Arterial. RELATIONSHIP TO RECREATIONAL The Greenhill Recreational Trail is located approximately a ' TRAIL PLAN: mile to the west along the west side of Greenhill Road. ZONING HISTORY The area of the proposed site plan amendment was rezoned FOR SITE AND from "R-3" Multiple Residence District to "C-1, C-Z" IMMEDIATE VICINITY: Conditional Zoning District on August 15, 1988. Surrounding land uses include: North — University Avenue and existing commercial development, zoned "C-2" Commercial District. South —Condominium development, zoned "R-3", Multiple Residence District. East— Existing commercial development, zoned "C-2" Commercial District West—Single family housing development, zoned "R-2" One and Two Family Residence District BUFFERS There appears to be no need for additional screening and REQUIRED/ NEEDED: buffering for this request. DRAINAGE: It would not appear that the request for site plan amendment would have a negative impact upon drainage, as no new structures or parking are being proposed with this request. SPA-1040 Alabar Ave—Calico Hen House Page 1 of 3 28 March 6,2012 DEVELOPMENT The surrounding area has seen residential development from HISTORY: the middle 1960s up to date. Some commercial development along University Avenue was constructed in the 1960s, and the site in question was constructed in 1989. FLOODPLAIN: No portions of the plat are located within a Flood Hazard Area. PUBLIC /OPEN There are no parks within the immediate area of the request. SPACES/ SCHOOLS: Fred Becker Elementary School is located approximately '/ of a mile to the south at the intersection of Sheldon Street and Sager Avenue. UTILITIES: WATER, SANITARY SEWER, There is an 8" sanitary sewer located in Alabar Avenue, as STORM SEWER, ETC. well as the frontage road a little further to the east. There is 15" and 18" storm sewer located within University Avenue. RELATIONSHIP TO The proposed site plan amendment is in conformance with the COMPREHENSIVE Future Land Use Map for this area, which designates it as LAND USE PLAN: Commercial. STAFF ANALYSIS — The site in question is zoned "C-1,C-Z", and was rezoned as ZONING such on August 15, 1988. It is unclear if there were any ORDINANCE: specific conditions attached to the site when it was rezoned from "R-3" Multiple Residence District, however, due to the site being conditionally zoned and the request to add additional sales to the property, it was determined that a site plan amendment would be required. The tenant at 1040 Alabar Avenue has requested to be able to sell native wines from their antique store, the Calico Hen House. The existing use will need to sign an agreement to be a Limited Alcohol Sales Use, meaning that less than 50% of their gross sales at the location will come from the sale of alcoholic beverages. The Alcohol Sales Use Provision gives power to the Police Chief at any time, but not more frequently than semi-annually, to request that a business that is a limited alcohol sales use to provide information that is proof that the business satisfies the conditions to be a limited alcohol sales use. The proof may consist of, but is not limited to, tax forms filed with the Iowa Alcoholic Beverages Division, sales register or point-of-sale system reports, and/or income statements. Due to the business only selling native bottles of wine, and that the primary function of the site has been for the sale of antiques, staff does not believe that the sale of some alcohol products from the site will negatively impact the surrounding area, and that the applicant has verbally agreed to be a Limited Alcohol Sales Use. If the applicant were requesting to sell other alcoholic beverages such as beer and/or distilled spirits, there could be greater concern. STAFF ANALYSIS — SUBDIVISION SPA—1040 Alabar Ave—Calico Hen House Page 2 of 3 29 March 6,2012 ORDINANCE: There is no platting required for this request. STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment in the "C-1,C-Z" Conditional Zoning District 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 use would not appear to have a negative impact on the area, as the use would be limited to a Limited Alcohol Sales Use. And subject to the following condition(s): 1. That the alcohol sales from the site at 1040 Alabar Avenue be limited to the sale of native wines and no other alcoholic beverages. SPA-1040 Alabar Ave—Calico Hen House Page 3 of 3 30 L, V ,, } .,...... .......,;,„cla In tr Request For Site Plan Amendment To The l C-2, C-Z District To Allow Native Wine Sales ..„,, „........ , „, , . .t. 0n14 1 e it Falls Ave e , , - , v , —F,_ lir , , , , , • J `r , hor a° , ,, :,., a(Pees,.. . "+ a Property Proposing to Sell Native Wines P,ab „a I Air" ,'" 41.4 4. -- ' r ' x .. 's`sue T1 C r sir- 4 • LA 4 "O ,._ . ,. F J]I ' Y '+sr J qs 1 x-r 5 s ... .a a �n„.h r -�g & +1 41 , 10 � s ' i �` ''..fit j 1 • i o- f t3gui I ' , Sager:Ave .. — 1 , 150 75 0 150 1 (Page 2 of 1) , : x A part of the Southwest Quarter of the Southeast Quarter of Section No. 21, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian in the City of Waterloo, Iowa, described as follows: Beginning at a point 30.06 feet North of the Southwest corner of the Southeast Quarter; thence North 286.29 feet; thence East 305 feet; thence South 286.29 feet; thence West 303.8 feet to the point of beginning; and All that portion of the strip of land 15 feet in width formerly known as North Janney Avenue abutting the above premises on the East, which was vacated by Deed of vacation filed February 24, 1940 and recorded in 171 TLD 363; Except that part lying Northerly of the Southerly line of the highway 218 frontage road extension as now established described in 452 Deeds 110 filed June 3, 1965; and except that part lying Northerly of the Northerly line of the parcel described in Patent filed January 30, 1975 in 519 Deeds 138. ALSO The East 30 feet of the West 45 feet of that part of vacated Janney Avenue lying North of the South line of vacated Hartman Avenue and lying South of a line described as beginning at a point on the West line of said East 30 feet of the West 45 feet of said vacated /Janney Avenue, said point lying 142.86 feet North of the South line of vacated Hartman Avenue; thence Southeasterly to a point on the East line of said East 30 feet of West 45 feet of vacated Janney Avenue, said point lying 157 feet radially distant and Southwesterly of the centerline of U.S. Highway No. 218 as described in 491 LD 369. / Commencing with the date of the Plat of "Downing Place" Waterloo, Black Hawk County, Iowa, viz: May 28, 1912 as to the East One—half of the East 30 feet of the West 45 feet of said described vacated Janney Avenue and Commencing March 29, 1995 at 8:00 A.M. as to the remainder. • Book 1080, Page 40491, File Number 2009-00021377 _� .��,� CITY OF WATERLOO , IOWA � t /4,41 m , ,r,._ COMMUNITY PLANNING AND DEVELOPMENT _ 1� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 d1Pr100 ‘0 NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO !� Mayor BUCK O�'1 tt 6(v Council Communication CLARK City Council Meeting: May 7, 2012 Prepared: May 4, 2012 COUNCIL Dept. Head Signature: Noel Anderson, Community Planning & Development Director MEMBERS # of Attachments: 1 SUBJECT: Set a date of hearing for approval of a Development Agreement for DAVID R & N Investment Properties LLC for the sale and conveyance of city-owned property for JONES $1.00, a portion of Lot 11 in the Northeast Industrial Park Plat No. 3, for the new 10,000 sq. Ward/ ft. addition to the existing 30,000 sq. ft. building at 2277 Northeast Drive, with an added CAROLYN taxable value of $2000-, for a new total minimum taxable value of$960,050- COLE 6t2W1 trot)•CAD a 8615 oSo.otj Ward2 Submitted by: Noel Anderson, Community Planning & Development Director HAROLD Recommended City Council Action: Set date of hearing. GETTY Ward Summary Statement: The City of Waterloo developed the lots in the Northeast Industrial QUENTIN Park for industrial development. As you may recall, back in 1998, the City Council approved HART a Development Agreement with R & N Investment Properties LLC for the development of a Ward4 30,000 sq. ft. industrial building in the Northeast Industrial Park (2277 Northeast Drive). They are looking to expand the building by another 10,000 sq. ft. to the west, which will run RON onto another lot in the industrial park. This agreement will sell and convey this additional WE PER land for the development, and establish a new minimum taxable value on the entire building. Ward 5 BOB Expenditure Required: NA GREENWOOD At-Large Source of Funds: NA STEVE Policy Issue: Economic Development within the City of Waterloo. SCHMITT At-Large Alternative: NA Background Information: The expansion of this building will represent another 10,000 sq. ft. of industrial space being built in the Northeast Industrial Park. The City has seen over 85,000 sq. ft. of new industrial space in the Northeast Industrial Park area since 2006, and nearly 700,000 since 2004. The City of Waterloo continues to prioritize the Northeast Industrial Park area for new industrial development. This expansion joins many other businesses and industry in the area, with John Deere, Tyson Foods, Ferguson Enterprises, ConTrol, Gray Transportation, Ryder Dedicated Logistics, the Crown Group, Wonder Bread, and Quality Insulation. The Northeast Industrial Park area has over 5,000 employees working in its vicinity, making it a major source of jobs, income, and tax base to the City of Waterloo. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! "' `satERLoo) An Equal Opportunity/Affirmative Action Employer 17 ,as I zW ° s la ; hlt ' 7 ` k Si I.j ? 11 t L Y.,e6ile3tl!illii, I LQ II.�'Jlr.lk o J za AirE wiper.Wily nowt A }i it • rr h. 1 _,„_ F. wo ,, , x. xx c tE 1 ; U M V ; L . , II ' r s� * r ok ' MARIA ARMSTRONG From: NOEL ANDERSON Sent: Wednesday, May 09, 2012 7:32 AM To: MARIA ARMSTRONG; CAROL FAILOR Cc: SUZY SCHARES Subject: legal description for the item to be set for hearing for R & N Investments Importance: High Maria, Carol -see attached legal description for item setting date of public hearing for development agreement(which includes sale and conveyance). thanks, Noel Noel Anderson Community Planning & Development Director City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Phone 319.291.4366 Fax: 319.291.4262 Cell: 319.290.6357 "To the world you may be one person, but to one person you may the world."- Heather Cortez 5/15/2012 • Conveyance Legal Description The North Two Hundred Forty Five (245) feet of the East Ninety Five (95) feet of Lot 11 of Northeast Industrial Park Plat No. 3, City of Waterloo, Black Hawk County, Iowa. CITY OF WATERLOO , IOWA 14100%, CITY CLERK AND FINANCE DEPARTMENT T~�m 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 'Prloo \o SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor BUCK CLARK COUNCIL MEMBERS Council Communication DAVID City Council Meeting: May 21, 2012 JONES Prepared: May 15, 2012 Ward Dept. Head Signature: 61-W eAk L CAROLYN Number of Attachments: None COLE Ward SUBJECT: Hotel/Motel Discretionary Grant Transfer HAROLD Submitted by: Michelle Weidner, CFO GETTY Ward 3 Recommended Action: Approve the transfer of the hotel/motel QUENTINM. discretionary grant in the amount of $30,000 (previously awarded February 13, HART 2010) from the City of Waterloo Cultural & Arts Department to the RiverLoop Ward4 Association, Inc. (formerly Waterloo Expo Services Corp/WESCO) for RON Amphitheatre marketing and start-up expenses. WELPER Wards Expenditure Required: No additional — transfer of $30,000 award Bob Source of Funds: Hotel/Motel Discretionary Fund GREENWOOD Policy Issue: N/A At-Large Alternative: N/A STEVE SCHMITT Background Information: N/A At-Large CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer _ CITY OF WATERLOO , IOWA /kir Env wANr,r'%, COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dterlo0 N0 NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: May 21, 2012 Mayor Prepared: May 15, 2012 CLARK UCK Dept. Head Signature: Noel Anderson # of Attachments: COUNCIL MEMBERS SUBJECT: 28.87 -Acre Farm Lease—Near the northwest corner of Martin Road and West Ridgeway Avenue, west of Black Hawk Creek—Rousselow Bros. DAVID Farms, Inc. JONES Ward i Submitted by: Noel Anderson, Community Planning and CAROLYN Development Director COLE Ward2 Recommended City Council Action:Approval HAROLD GETTY Summary Statement: Transmitted herewith is the request that the City of Ward 3 Waterloo approve a lease agreement with Rousselow Bros. Farms, Inc. to farm approximately 28.87 acres of land (see attached legal description and map) on farm HARTTIN ground near the northwest corner of Martin Road and West Ridgeway Avenue, east Ward 4 of Black Hawk Creek. Rousselow Bros. Farms, Inc. agrees to pay the City $120.00 per acre for the use of the said land, which equates to $3,464.40 per year, RON with the term beginning upon City Council approval and ending on December 31st, Ward sER 2012. In the past, Rousselow Bros. Farms, Inc. has leased 28.87 acres of land at this particular location. The City believes the rental amount is a fair asking price BOB based on the lower quality of the farmland in question, due to its wet conditions GREENWOOD and proximity to Black Hawk Creek. At-Large STEVE Expenditure Required. None. SCHMITT At-Large Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: Rousselow Bros. Farms, Inc. has farmed the ground in question for 4 years. In years past, he has leased the ground for $110.00 per acre, however, the City and Rousselow Bros. Farms, Inc. have come to an agreement to increase the rent by $10.00 per acre, for a total of payment of $120.00 per acre. Staff would consider the land that Rousselow Bros. Farms, Inc. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • is farming as low quality farmland, and believes the proposed rental amount is fair based on the lower quality of the farmland in question, due to its wet conditions and a large majority of the land being located within the Floodway and 100-year floodplain of nearby Black Hawk Creek. Legal Description: See attached Cc: Aric Schroeder, City Planner --File-- • YE -10-2012 10:53A FROM:DALE ROUSSELOW 2360629 TO:2914262 P.1 • �■ ■ ■ ■ ■ ■ .• . CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This Agreement made and entered into this day of , 2012, by and between the City of Waterloo, Iowa (hereinafter referred to as"City"), and (hereinafter referred to as "Lessee"). 1.The City agrees to allow the Lessee to use and occupy City property generally located adjacent to Ridgeway Avenue and Martin Road, and legally described in Exhibit"A' attached here to and made a part here of by this reference. 2.The City agrees to allow the Lessee to use and occupy the aforementioned City property for a term commencing on the day of , 2012, and terminating on the 31"day of December, 2012. The Lessee agrees to pay the City $3,464.40 ($120.00 per acre) per year for use of 28.87 acres of said City property during said term. 3.The City may terminate this agreement upon thirty(30) days'written notice if the City needs the use of said City property for its own purposes. As the applicant is using the land for crop production,the City would need to reimburse the lessee for any crops in production at the time of termination. Lessee may terminate this Agreement upon thirty (30)days'written notice to the Waterloo Community, Planning, and Development Department. The full amount of the payment is due, and no annual amount would be refunded if termination were to occur within the lease period. 4.In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, actions, causes or action, and/or damages which may arise or allegedly arise out of Lessee's use of the aforementioned City property, either to the City's property, or to any other person who may claim injury by and/or through, as a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or injury, which may occur to Lessee's livestock as a result of the alleged activity on City's property as aforesaid. Lessee further aggress to indemnify and hold the City harmless for any and all damages or injury which may occur to Lessee's livestock as a result or consequence of the use of the City property. 5.This agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms or Conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties and delivered to the City and the Lessee. This occupancy agreement and the terms and conditions herein apply and are binding on the legal representative, and successors and assigns of both parties. EXECUTED THIS DAY OF , 2012 CITY OF WATERLOO LESSEE APPROVED BY: BY: / ,L_gur4 «V) .4 Ernest G. Clark, Mayor Rousselow Bra . Farms, c. By: cruet ti� , Its: ATTEST: Suzy Schares, City Clerk APR-10-2012 10:54A FROM:DALE ROUSSELOW 2360629 TO:2914262 P.2 CITY'S ACKNOWLEDGMENT STATE OF IOWA, COUNTY, SS: On this day of , AD 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City;that said instrument was signed and sealed on behalf of said City by authority of it's City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public in and for said County t Rousselow Farm Lease, Year 2012 x City Owned Land 2.13 Acres no longer included in Lease Agreement . ` x ; -•,t, t° . _ '' Mac •..... •.vtuvi..."' '. .. 1 ps. :;; . 28;87+Acre-s—,6 Ea Farm d , :. "..:, , _. _._ , a . 9a µ Sm-.,-a.tisv. M1 O F-: -l#. I -f3 71 ,ter.- ei.aau- �w ... ..evi.... C L P: .. �.. + . . . LC ,. txr9 K '' ... t+. ... .•,.�. ..._.. .., - - �� S 1. tk 0 x 3ARUM" 'ai :#itk ' a .. . tu t u. 4 f -"' I wa Via: v. .........ag ��t _Yy..«*+w.wsse<..c..ae.:oo:'-..:aA i• 1. 5 4 1 # wnwro - s; x .. mca ea, - aII <wsw - o115 N 3:10 1S0 0 JOFe„ West,R idgeway Avenue A CITY OF WATERLOO Council Communication City Council Meeting: May 7, 2012 Prepared: May 1, 2012 Dept. Head Signature: # of Attachments: SUBJECT: MEMORANDUM OF UNDERSTANDING between City of Waterloo, City of Cedar Falls and Black Hawk County, Iowa Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action:Pass a resolution allowing Director Trelka to sign the Memorandum of Understanding as Director of Safety Services for the City of Waterloo. Summary Statement: The Waterloo Police Department, City of Waterloo, is seeking application to the FY2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The amount of the grant will be $85,817.00 and will be used for funding for the Tri-County Drug Enforcement Task Force. The City of Waterloo, City of Cedar Falls, and Black Hawk County have met and have decided how these funds will be distributed among the agencies involved in the Tri-County Drug Enforcement Task Force. A Memorandum of Understanding Agreement has been written which will be signed by all parties to be included in the grant application. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: CITY OF WATERLOO Council Communication City Council Meeting: May 21, 2012 Prepared: May 16, 2012 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: SUBJECT: F.Y. 2013 U.S. Highway 63 Improvements — From Conger St./Newell St. to Donald St. City Contract No. 790 Supplemental Agreement No. 7 AECOM Submitted by: Jeff Bales,Associate Engineer Recommended City Council Action: It is recommended that the Council approve Supplemental Agreement No. 7 with AECOM and authorize the Mayor to sign and enter into said agreement. Summary Statement: This agreement amends the previous agreements to revise, repackage and split the project into two construction contracts. The scope of services includes modifying the previously completed set of construction plans to split the project into two contracts and modify the plans near the Canadian National Railroad crossing. The previous gap at the crossing will be lengthened, if needed, to accommodate longer- term traffic to be routed across the existing crossing after completion of the first phase of construction. This cost-plus fixed fee agreement is for a maximum amount payable of$150,600, and has been reviewed by staff and it is recommended for approval by the City Council. It should be recognized that it is still the goal to let the whole project and have just one contract. That is the first preference of the DOT,but it is desirable to have a plan B (two contracts) in place and ready to go to letting as a back-up-should the railroad agreements not be secured this fall. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required $150,600 Source of Funds Iowa Department of Transportation will 100%reimburse the City. Policy Issue N/A Alternative N/A Background Information: The Highway 63 Improvements is a joint project between the City and the Iowa Department of Transportation. /_ ��� CITY OF WATERLOO , IOWA - ,1� agitirr COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 drPY)o0_� NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: May 21, 2012 • Mayor Prepared: May 16, 2012 BUCK CLARK Dept. Head Signature: # of Attachments: COUNCIL MEMBERS SUBJECT:Approval of FY 2012 asbestos survey contract with Hawkeye Environmental for the asbestos survey of 820 and 910 Sycamore Streets, 626-628 W. 9th Street and 1518 W. 4a'Street in the amount of$2,475.00 DAVID JONES Ward l Submitted by: Noel:Anderson-Community Planning& Development Director CAROLYN Recommended City Council Action:Approval of FY 2012 asbestos survey COLE Ward 2 contract with Hawkeye Environmental for the asbestos survey of 820 and 910 Sycamore Streets, 626-628 W. 9th Street and 1518 W. 4d'Street in the amount of HAROLD $2,475.00 GETTY Ward 3 Summary Statement: The properties located at 910 and 820 Sycamore Streets QUENTIN where purchased for residential development in approximately 2001. However, HART Ward 4 that development did not occur and the city now has a new developer that will build 6 twelve-unit apartment buildings. The residential properties at 626-628 W. RON WELPER 9t Street and 1518 W. 4rh were acquired through Iowa Code 657 A. Ward 5 Expenditure Required: $2.475.00 BOB GREENWOOD At-Large Source of Funds: The asbestos survey and demolition activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. STEVE SCH Policy Issue: Residential Development and Nuisance Abatement At-Large Alternative: N/A Background Information: The City of Waterloo purchased the buildings on sycamore several years ago with the intention of demolishing the structures to make room for riverfront housing, while 626-628 W. 9th and 1518 W. 4th were acquired through 657A. cc:NOEL C.ANDERSON,Community Planning&Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! • n At exic0\ An Equal Opportunity/Affirmative Action Employer Hawkeye r,-G-31\r144-714' Environmental 814 Wood Lily Road INVOICE#020212 Solon, IA 52333 DATE: 02/22/12 Phone 319-551-4441 Hawkenviro@southslope.net Bill To: For: City of Waterloo, Planning and Zoning Department Pre Demolition Asbestos Survey of 715 Mulberry Street 820 & 910 Sycamore Street Waterloo, IA 50703 626/628 W. 9th St., 1518 W. 4th St. Attn: Chris Western Waterloo, Iowa DESCRIPTION AMOUNT Pre Demolition Asbestos Survey of 820 & 910 Sycamore Street $ 2475.00 626/628 W. 9th Street, 1518 W. 4th Street (per NESHAPS protocols/Analysis EPA 600/R-93/116) TOTAL $ 2475.00 Make all checks payable to Hawkeye Environmental, LLC Invoice Terms—per contract If you have any questions concerning this invoice, please call 319-551-4441 THANK YOU FOR YOUR BUSINESS! CITY OF WATERLOO Council Communication City Council Meeting: May 21, 2012 Prepared: May 16. 2012 Q Dept. Head Signature: Cammie Scully # of Attachments: will be forwarded by e-mail SUBJECT: Approval of RiverLoop Asso., Inc. documents Submitted by: Cammie Scully, Waterloo Cultural and Arts Commission Recommended City Council Action: Resolution to approve RiverLoop Association documents. Summary Statement: RiverLoop Association, Inc. will be the advisory board for the RiverLoop Amphitheatre and Expo Plaza.Jim Walsh has drawn up documents related to the development of this association. They are: Resolutions for WESCO name change, an Employment Leasing Agreement, a Second Amendment to Public Expo Management Agreement and an Employment Agreement. Expenditure Required None Source of Funds None Policy Issue None Alternative None Background Information: The WESCO organization will be dissolved and the RiverLoop Association, Inc. will be developed to oversee the operations of the RiverLoop Expo Plaza and the RiverLoop Amphitheatre. _ .I;,� CITY OF WATERLOO , IOWA T COMMUNITY PLANNING AND DEVELOPMENT S� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dr0Yl00_\° NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: May 21, 2012 MEMBERS Prepared: May 18, 2012 ,---- Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID # of Attachments: 1 JONES Ward' SUBJECT: Resolution approving Hold Harmless Agreement with Northeast Iowa cAROLYN Food Bank, Inc., to allow for property transfer of the food bank site at Human COLE Services Campus while a title cloud is being finalized, and authorize Mayor to Ward 2 sign and fully execute the document. HAROLD GETTY Submitted by: Noel Anderson, Community Planning and Development Director Ward 3 Recommended City Council Action: Approval of resolution as noted above QUENTIN HART Ward4 Summary Statement: As you may recall, the City of Waterloo has purchased land and had other land in the former Rath area for the development of the RON Human Services Campus. The City is now in the process of finalizing closing WEEPER documents for the transfer of the land to the Northeast Iowa Foodbank for Ward 5 construction of their new facility. One lot, a 2' by 40' lot in the middle of the BOB overall site, is creating a cloud on title for that transfer due to a previous quiet title GREENWOOD action (done years ago) not picked up in earlier legal searches. The attached At-Large Hold Harmless Agreement will allow the closing to take place while the City of STEVE Waterloo finalizes the proper procedures to clear up this title issue. SCHMITT At-Large Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development Alternative: NA Background Information: The City of Waterloo has worked vigorously to help create the Human Services Campus in the former Rath Packing Plant area, with the partnerships and investments of several entities: Iowa Department of Corrections, Operation Threshold, and the Northeast Iowa Foodbank. This action will help finalize this campus creation. CITY WEBSITE: www_ci.waterloo.ia.us WE'RE WORKING FOR YOU! )U`� An Equal Opportunity/Affirmative Action Employer HOLD HARMLESS AGREEMENT This Hold Harmless Agreement(the"Agreement") is entered into between the City of Waterloo, Iowa(the"City")and Northeast Iowa Food Bank, Inc. (the "Company")as of May 2012. RECITALS A. Company has entered an agreement with City for the purchase of real property that includes Lot 22, Parkview, City of Waterloo (the"Property"). The Property is subject to a cloud on title arising from an earlier owner(the"Claim"). B. The parties desire to enter this Agreement to induce Company to complete its proposed purchase of the Property and related parcels. The City believes that Company's further improvement and use of the Property and related parcels is in the best interests of the public. AGREEMENT NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. City agrees to indemnify Company and to hold it harmless from and against any and all claims, demands,judgments, costs, or expenses (including reasonable attorney's fees)arising out of or in any way connected with the Claim. Based on the City's promise, Company agrees that it will not consider the Claim to be an impediment to closing on the proposed purchase of the Property. 2. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. 3. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Hold Harmless Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA NORTHEAST IOWA FOOD BANK, INC. By: By: Ernest G. Clark, Mayor Barbara P. Prather, Executive Director Attest: Suzy Schares, City Clerk /, l �� CITY OF WATERLOO , IOWA m COMMUNITY PLANNING AND DEVELOPMENT _w~S� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 le/ K) \° NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: May 21, 2012 MEMBERS Prepared: May 18, 2012 ,�- Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID # of Attachments: 1 JONES ward' SUBJECT: Resolution approving Occupancy Agreement with Iowa Community CAROLYN credit Union to allow for property transfer prior to the credit union relocation to COLE their new site, which is under construction, and authorize Mayor to sign and fully Ward2 execute the document. HAROLD GETTY Submitted by: Noel Anderson, Community Planning and Development Director Ward 3 Recommended City Council Action: Approval of resolution as noted above QUENTIN HART Ward Summary Statement: As you may recall, the City of Waterloo has now closed on the Iowa Community Credit Union (ICCU) property. In order to close on all RON properties at one time, and to allow work to begin on the ICCU site prior to their WELWard PER relocation, the attached Occupancy Agreement will allow the ICCU to stay on the site while they finalize their work to establish a trailer on the former Happy Chef BOB site. GREENWOOD At-Laqe This agreement works to advantage of all parties, allowing Cardinal Construction STEVE to begin work around the ICCU building and on their front two lots (former Priority SCHMITT One site) while also allowing ICCU to remain on-site and operate while they are At-Large building a new site and setting up a temporary trailer on the former Happy Chef, and allowing the City of Waterloo to finalize all of the property transactions for the Cedar Valley Sportsplex project. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development Alternative: NA Background Information: The City of Waterloo has worked vigorously to help with the development of the Cedar Valley Sportsplex project — acquiring a lot of CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! WWR:CO\ An Equal Opportunity/Affirmative Action Employer empty flood-damaged buildings, as well as the Iowa Community Credit Union. The over $20 million in private funds for the development of the Sportsplex will certainly show the commitment of the citizenry of Waterloo for the project. OCCUPANCY AGREEMENT This Occupancy Agreement(the"Agreement")is entered into as of May ,2012,by and between the City of Waterloo,Iowa,an Iowa municipal corporation("Owner"),and Iowa Community Credit Union ("Occupant"). 1. PREMISES AND TERM. Subject to the terms set forth in this Agreement,the parties agree that Occupant shall have the right to occupy the real estate described on Exhibit "A" attached hereto (the "Property"),commonly known as 320 W. 2nd Street,Waterloo,Iowa,with the improvements thereon and all rights, easements, and appurtenances belonging thereto, for a term commencing on the date set forth above, and continuing until and including the ninetieth (90th) day thereafter, upon the condition that the Occupant performs as provided in this Agreement. Occupant may elect to shorten the term of this Agreement by written notice to Owner. 2. RENT. The parties agree that no rent shall be due or payable by Occupant for its use or occupancy of the Property. 3. POSSESSION. Occupant shall be entitled to possession on the first day of the term of this Agreement, and shall yield possession to the Owner at the time and date of the close of the Agreement term, except as herein otherwise expressly provided. 4. USE OF PREMISES. Occupant covenants and agrees during the term of this Agreement to use and to occupy the Property,including but not limited to all buildings located thereon,for the same purposes as currently used,namely, as a retail banking facility. Occupant's use and possession of the Property is a personal right. Occupant may not rent the Property to anyone. Owner has not reviewed zoning or other applicable legal requirements or limitations imposed by any local,state,or federal governmental authority that may affect Occupant's use of the premises, and Owner makes no representation or warranty that the premises is suitable for Occupant's intended use. Occupant shall conduct its own review of applicable law and shall be solely responsible for meeting all legal requirements, including but not limited to building permits, licensure, or governmental approval. 5. ENVIRONMENTAL MATTERS. Occupant shall not store,spill,discharge,or otherwise release any hazardous materials, substances or wastes in or upon the Property, and in the event that it does Occupant shall promptly report such event to Owner,shall take primary responsibility for cleanup of same, and shall offer reasonable cooperation with any necessary activities to remediate or mitigate same. No later than the end date of this Agreement,Occupant shall properly remove,transport,store and/or dispose of any hazardous materials or substances upon the Property of which Occupant has knowledge,all of such actions to be taken in compliance with applicable federal, state and local law. 6. CARE AND MAINTENANCE OF PREMISES. (a) OCCUPANT'S DUTY OF CARE AND MAINTENANCE. Occupant shall be solely responsible for repair, maintenance and upkeep of the Property and all improvements thereon during the term of its occupancy. By way of illustration, and not limitation, Occupant shall be responsible for the proper care of all grounds and plantings, upkeep of buildings and fences, repair and maintenance of mechanical systems, and removal of trash and debris. Occupant takes the Property in its present condition except for such repairs and alterations as may be expressly herein provided or to which Owner may hereafter give its prior written consent. No later than the last day of the term of this Agreement,Occupant may,at its sole expense,remove any and all fixtures from the Property. Any fixtures not so removed shall remain with the Property and shall become the sole property of Owner, to be used, discarded, or demolished as Owner sees fit in the exercise of its sole discretion. The premises shall be kept closed and secure at all times against entry by unauthorized persons. (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Owner shall have no duty whatsoever to care for or maintain the Property or any part thereof. 7. FACILITY SERVICES. (a) UTILITIES AND SERVICES. Occupant, during the term of this Agreement, shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power,garbage or trash disposal,and all other utilities or services of whatever kind and nature which may be used in or upon the Property. (b) AIR CONDITIONING AND HEATING equipment shall be initially furnished by Owner,and Occupant shall maintain, repair, and replace same. 8. END OF TERM. This Agreement shall terminate upon expiration of the original term, or upon such earlier date that Occupant specifies in written notice to Owner. Occupant agrees that upon the termination of this Agreement, whether in whole or in part, it will surrender, yield up and deliver the Property to Owner. 9. ASSIGNMENT AND SUBLETTING. Occupant may not assign this Agreement or sublet the premises or any part thereof without the prior written consent of Owner. The rights of occupancy hereunder are personal to Occupant. 10. PROPERTY TAXES. Occupant shall timely pay all taxes,assessments,or other public charges levied or assessed by lawful authority against its personal property on the premises during the term of this Agreement. 11. INSURANCE. (a) The parties agree that Occupant may, at its own expense, maintain hazard or other insurance to cover the buildings, fixtures and personal property from loss or damage. Owner shall provide no such insurance, nor insurance of any other type or nature, for the benefit of Occupant. My insurance carried by Owner in respect of the Property shall be for the sole benefit of Owner and shall not name Occupant as an additional insured. Owner shall have no duty to use insurance proceeds to repair or rebuild any structure or other improvement on the Property. To the extent permitted by their policies, Owner and Occupant waive all rights of recovery against each other. (b) Occupant further agrees that it will at its own expense procure and maintain liability insurance in the amount of not less than$1,000,000 per occurrence and$2,000,000 annual aggregate. Such insurance shall cover liability arising from the activities of Occupant, its employees, agents, and permitted sub- occupants,and shall protect Owner against such claims,damages,costs or expenses on account of injury to any person or persons,or to the property of same,by reason of such casualty,accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies,naming the Owner as an additional insured,and providing for thirty(30)days' advance notice to the Owner before cancellation, shall be delivered to the Owner within no later than the date that Occupant begins to occupy the Property hereunder. A renewal certificate shall be provided to Owner prior to expiration of any policy. Owner shall provide no such insurance for the property or activities of Occupant,its employees,agents or sub-occupants. 2 (c) Occupant will not do or omit the doing of any act which would vitiate any insurance,or increase the insurance rates in force upon the real estate improvements on the premises or upon any personal property of the Occupant upon which the Owner by law or by the terms of this Agreement, has or shall have a lien. (d) Occupant further agrees to be liable for and to promptly pay,as if current rental,any increase in insurance rates on the Property and on the buildings, due to increased risks or hazards resulting from Occupant's use of the premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of Owner or its agents,and to the extent not covered by insurance maintained by Occupant, Occupant will protect, defend, indemnify, and save harmless the Owner from and against any and all losses, costs, damages, and expenses, including but not limited to attorneys' fees and expenses, occasioned by, or arising out of, any act or omission causing or inflicting injury and/or damage to any person or property,happening or done in,upon,or about the Property,and due directly or indirectly to the use or occupancy thereof, or any part thereof, by Occupant or any person claiming through or under the Occupant. Prior to the term hereof,Occupant has had the opportunity to test the premises for toxic or hazardous substances, mold, and other environmental matters, and Occupant agrees that its covenants set forth in this paragraph shall include but not be limited to any claims,demands, losses, or causes of action arising from or relating to such matters by Occupant or any person claiming through or under Occupant. The provisions of this paragraph shall survive the expiration,abandonment,or termination of this Agreement. 13. DESTRUCTION. (a)PARTIAL DESTRUCTION. If any building on the Property is damaged or otherwise rendered in a condition that does not allow Occupant to conduct its business on the premises,but the damage is an insured loss that is capable of being repaired,the parties may agree that Occupant may cause such repairs to be done at no cost to Owner, and the occupancy rights of Occupant shall continue thereafter. Owner shall pay no compensation to Occupant for temporary loss of occupancy rights as a consequence of such damage,nor shall the term of this Agreement be tolled or extended. (b) TOTAL DESTRUCTION. In the event of a destruction or damage of any part of the Property so that Occupant is not able to conduct its business on the premises,and which damages cannot be repaired as provided in paragraph 13(a)above,this Agreement may be terminated at the option of either party. Such termination in such event shall be effected by written notice of one party to the other, within thirty(30) days after such destruction. Occupant shall surrender possession within fourteen (14) days after such notice issues and, each party shall be released from all future obligations hereunder. Owner shall pay no compensation to Occupant for loss of occupancy rights as a consequence of such damage. 14. MECHANIC'S LIENS. Neither the Occupant nor anyone claiming by, through, or under the Occupant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the occupancy interest of the Occupant therein,and notice is hereby given that no contractor,subcontractor,or anyone else who may furnish any material, service,or labor for any building,improvements,alteration,repairs or any part thereof, shall at any time be or become entitled to any lien thereon,and for the further security of the Owner, the Occupant covenants and agrees to give actual notice thereof in advance to any and all contractors and subcontractors who may furnish or agree to furnish any such material, service, or labor. Occupant shall indemnify and defend Owner and hold Owner harmless from and against any and all cost or expense incurred by Occupant in respect of the Property,whether or not a mechanic's lien or other lien is filed. 3 15. RIGHTS CUMULATIVE. The various rights,powers,options,elections,and remedies of either party as provided in this Agreement shall be construed as cumulative and no one of them as exclusive of the others or exclusive of any rights,remedies,or priorities allowed either party by law,and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 16. NOTICES AND DEMANDS. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified U.S. mail, postage prepaid, addressed to the parties at the addresses given below. Occupant: Iowa Community Credit Union P.0 Box 750 Waterloo, IA 50704 Attn: Mark Heth Owner: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Noel Anderson, Community Planning &Development Director 17. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective heirs,personal representatives,successors,and assigns of the parties hereto; except that if any part of this Agreement is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 18. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Agreement to be kept or performed by Owner or Occupant shall be in any manner modified,waived,or abandoned, except by a written instrument duly signed by the parties and delivered to the Owner and Occupant. This Agreement contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 19. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. IN WITNESS WHEREOF,the parties hereto have executed this Occupancy Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 4 OWNER OCCUPANT City of Waterloo, Iowa Iowa Community Credit Union By: By: Ernest G. Clark, Mayor Mark Heth, President Attest: Suzy Schares, City Clerk 5 _, �;� CITY OF WATERLOO , IOWA La l .T���l COMMUNITY PLANNING AND DEVELOPMENT m��.... .....• 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 %,loo \° NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: May 21, 2012 MEMBERS Prepared: May 18, 2012 Lam' Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID # of Attachments: 1 JONES Ward/ SUBJECT: Resolution approving Easement Agreement between City of CAROLYN Waterloo and Metropolitan Transit Authority for temporary access between the COLE MET parking lot and former Happy Chef site until permanent connections can be Ward2 made to the site, and authorize Mayor to sign and fully execute the document. HAROLD GETTY Submitted by: Noel Anderson, Community Planning and Development Director Ward 3 Recommended City Council Action: Approval of resolution as noted above QUENTIN HART Ward4 Summary Statement: As you may recall, the City of Waterloo purchased the former Happy Chef site for the relocation of the Iowa Community Credit Union RON (ICCU) to allow for the construction of the Cedar Valley Sportsplex project. WELPER Ward 5 The attached Easement Agreement allows for temporary access from the MET BOB parking lot surrounding the former Happy Chef site until either permanent access GREENWOOD points can be established or until construction of the new ICCU building is At-Large complete. This agreement is necessary to allow for better traffic flow to the STEVE temporary trailer to be placed in the rear portion of the site while construction of SCHMITT the new building is underway. The agreement would allow for access to come At-Large from both Jefferson, Commercial Street, and from the western portion of the site as well. Staff also believes this may be a good permanent connection points, if possible, to better allow for shared parking, and easier pedestrian and vehicular flow through the Downtown Waterloo area. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development Alternative: NA CITY WEBSITE: wwwci.waterloo.ia.us -, WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 1 Background Information: The City of Waterloo has worked vigorously to help with the development of the Cedar Valley Sportsplex project— acquiring a lot of empty flood-damaged buildings, as well as the Iowa Community Credit Union. The over $20 million in private funds for the development of the Sportsplex will certainly show the commitment of the citizenry of Waterloo for the project. Prepared by Christopher S.Wendland,P.O.Box 596,Waterloo,IA 50704. Phone(319)234-5701 After recording,return to Community Planning&Development,715 Mulberry Street,Waterloo,IA,50703, Attn:Noel Anderson EASEMENT AGREEMENT This Easement Agreement (the"Agreement") is entered into as of May , 2012, by and between the City of Waterloo, Iowa ("Grantee") and Metropolitan Transit Authority ("Grantor"). WHEREAS, Grantee is the owner of real property legally described as "Lot 29, except the Northwesterly one and one-half (1% feet) thereof, in `Auditor's Falls Avenue and Mullan Avenue Plan,',in the City of Waterloo,Black Hawk County, Iowa"(the"City Property"); and WHEREAS, Grantor is the owner of real property legally described as"Lots 3, 4 and 5 in Block 3, except the Southeasterly 40 feet of Lot 3, in James Eggers Addition, City of Waterloo, Black Hawk County, Iowa"(the"MET Property"); and WHEREAS, Grantee intends to convey the City Property to a third party for development purposes and such party desires an easement for ingress and egress across the MET Property, and Grantor is willing to grant such easement on the terms set forth herein. NOW, THEREFORE, in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Grant of Easement; Termination. Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement (the "Easement") over and across the MET Property. The easement shall terminate at such time as Grantee and Grantor enter into an agreement for other matters under discussion concerning access to and use of the MET Property and other abutting properties now owned by Grantor. 2. Purpose. The Easement shall be to allow Grantee and its successors in title, and the employees, customers, contractors and agents of either of them, to have ingress and egress between the City Property and Commercial Street. 3. Grantor Duties, Grantor shall allow Grantee access to the MET Property, "as is, where is", without any representation or warranty as to the condition of the MET Property. Grantor shall have no duty to prepare the MET Property in any way for Grantee's use. 4. Conditions to Grant of Easement. The parties agree that this Agreement is subject to the following terms and conditions, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, Grantee shall solely bear all responsibility, cost, and expense for removal of any existing medians that would inhibit use of the Easement. b. Snow removal. Grantor has no duty to remove accumulations of snow or ice from the MET Property. Grantee may remove same at its own cost and expense by pushing same onto other areas of the property owned by Grantor,provided that obvious vehicular pathways are not obstructed. c. Designated pathway, Grantor or Grantee may erect barricades upon the MET Property to prevent the rights of ingress and egress from being exercised over neighboring property owned by US Bank. 5. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns, and the provisions hereof shall run with the land. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Agreement may be executed in counterparts. IN WITNESS WHEREOF,the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA METROPOLITAN TRANSIT AUTHORITY By: By: 711/ Ernest G, Clark,Mayor Title: Cr-the.n milrW5.2 Attest: Suzy Schares, City Clerk 2 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on i"1114. .. ,2012 by /44ILk- / 71 41C--- asCn t 0"4/ /9/04-•1 4 y-� of Metropolitan Transit Authority. /4/el E/Ab Notary Public Fib:!ALD W,N DFR MEIDF Hotatirsi 5'nal -Iowa Commtaaion;^.1 R23741 PtyCommissionEa-ofres_$'40—I2 STATE OF IOWA ) )ss. BLACK HAWK COUNTY ) Acknowledged before me on ,2012 by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3 i►. CITY OF WATERLOO , IOWA �Tm COMMUNITY PLANNING AND DEVELOPMENT S� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 �d'erloo " NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: 05/21/12 Mayo, Prepared: 05/18/12 BUCK Dept. Head Signature: CLARK # of Attachments: COUNCIL SUBJECT: Motion to concur with the determination of the City Planner that MEMBERS the proposed change to the approved site plan for R&N Investment Properties LLC in an "M-2,P" Planned Industrial District at 2277 Northeast Drive on a portion DAVID of Lot 11 in the Northeast Industrial Park Plat No. 3, for the development of a JONES 10,000 square foot addition to the existing 30,000 square foot building. Ward 1 Submitted by: Noel Anderson, Community Planning& Development Director CAROLYN COLE Recommended City Council Action: approval. Ward 2 Summary Statement: The City of Waterloo developed the lots in the Northeast HAROLD Industrial Park for industrial development, and rezoned the property to a "M-2,P" GETTY Planned Industrial District. R&N Investment Properties LLC owns the 30,000 Ward 3 square foot building at 2277 Northeast Drive and are looking to build a 10,000 QUENTIN square foot addition to the west,which will extend into Lot 11 of Northeast HART Industrial Park Plat No. 3. Ward 4 Expenditure Required: none RON WELPER Source of Funds: n/a Ward S Policy Issue: Economic Development BOB GREENWOOD Alternative: If Council does not concur, the change would be considered a Major At-Large Site Plan Amendment and be required to go though the approval process as such. STEVE Background Information: The City of Waterloo Zoning Ordinance No. 5079 SCHMITT At-Large adopted 10/17/11 provides for any changes to an approved site plan in an "M-2,P" Planned District to approved through either the Major or Minor Site Plan Amendment Process. Minor Site Plan Amendments may be administratively reviewed by Planning staff. If the change is considered insignificant in nature, staff may approve the change without a review and public hearing before the Commission and City Council. The Ordinance provides for the types of changes that can be considered minor,which includes minor building additions. Prior to Ordinance No. 5079, the previous Zoning Ordinance also had a provision for minor site plan amendments, but they still required Council approval (just did not require Council hearing or review by the Planning Commission). The new Ordinance allows for minor changes to be approved by staff, but staff is requesting Council concurrence on our determination that the proposed change in the site plan is minor. CITY WEB W E:WORKING FORerOUia.us WE'RE WORKING YOU! An Equal Opportunity/Affirmative Action Employer a Legal Description: Lot 10 and the North Two Hundred Forty Five (245) feet of the East Ninety Five (95) feet of Lot 11 of Northeast Industrial Park Plat No. 3, City of Waterloo, Black Hawk County, Iowa. cc: Noel Anderson,Community Planning&Development Director Path: K:\USERS\ARICS\City of Waterloo\council letters\Site Plan Amendments\05.21.12 Council Communication Concurance Minor Site Plan Amendment R&N Investment Properties 2277 Northeast Drive.doc le R&N INVESTMENTS cw I' (CON-TROL)SITE PLAN 2277 NORTHEAST DRIVE I %j N.E.INDUSTRIAL PARK WATERLOO, IOWA I \ 1 B I i r.. Ammummos '� - 1� TI I PUN IVIES11ee419 I 1 1 (CON-TROL) i ..a -_ i I / MW.M ter - I!Z (..� \ . I. I I w , I N ` a �I/ I `I.• \\\ i _ l� II¢ — ME R�..�1. \\\ I _ �• D6516N PIN!' u I I o I ! 1I , 1,, , *4 .,. JT� I 1 1 A2.O CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT +....a� .....1i 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: 05/21/12 Mayor Prepared: 05/18/12 BUCK Dept. Head Signature: CLARK # of Attachments: COUNCIL SUBJECT: Motion to concur with the determination of the City Planner that MEMBERS the proposed change to the approved site plan for R&N Investment Properties ••••••••»••••»••• LLC in an "M-2,P" Planned Industrial District at 2277 Northeast Drive on a portion DAVID of Lot 11 in the Northeast Industrial Park Plat No. 3, for the development of a TONES 10,000 square foot addition to the existing 30,000 square foot building. Ward I Submitted by: Noel Anderson, Community Planning& Development Director CAROLYN COLE Recommended City Council Action: approval. Ward 2 Summary Statement: The City of Waterloo developed the lots in the Northeast HAROLD Industrial Park for industrial development, and rezoned the property to a "M-2,P" GETTY Planned Industrial District. R&N Investment Properties LLC owns the 30,000 Wad 3 square foot building at 2277 Northeast Drive and are looking to build a 10,000 QUENTIN square foot addition to the west,which will extend into Lot 11 of Northeast HART Industrial Park Plat No. 3. Ward 4 Expenditure Required: none RON WELPER Source of Funds: n/a Ward 5 Policy Issue: Economic Development BOB GREENWOOD Alternative: If Council does not concur, the change would be considered a Major At-Large Site Plan Amendment and be required to go though the approval process as such. STEVE Background Information: The City of Waterloo Zoning Ordinance No. 5079 SCHMITT At-Large adopted 10/17/11 provides for any changes to an approved site plan in an "M-2,P" Planned District to approved through either the Major or Minor Site Plan Amendment Process. Minor Site Plan Amendments may be administratively reviewed by Planning staff. If the change is considered insignificant in nature, staff may approve the change without a review and public hearing before the Commission and City Council. The Ordinance provides for the types of changes that can be considered minor, which includes minor building additions. Prior to Ordinance No. 5079, the previous Zoning Ordinance also had a provision for minor site plan amendments,but they still required Council approval (just did not require Council hearing or review by the Planning Commission). The new Ordinance allows for minor changes to be approved by staff, but staff is requesting Council concurrence on our determination that the proposed change in the site plan is minor. CITY WEB SITE: wNG FOR ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Legal Description: Lot 10 and the North Two Hundred Forty Five (245) feet of the East Ninety Five (95) feet of Lot 11 of Northeast Industrial Park Plat No. 3, City of Waterloo, Black Hawk County, Iowa. cc Noel Anderson,Community Planning&Development Director Path: K:\USERS\ARIC-S\City of Waterloo\council letters\Site Plan Amendments\05-21.12 Council Communication Concurance Minor Site Plan Amendment R&N Investment Properties 2277 Northeast Drive.doc V I 1"" IL W A Z` )L )l rt xl 1 j : ' =)l§11 lil"ale'Ir ON1113i11m,z)�" u ) a — )< n Cy ti : Y I I IN ? > o" if—c p Ii N _ C'4 i" ° 1 i r� s2_. 1 - i j i l'2 ,2 . 5 E g E 9'R r Y - CY+ O A W ' G /E $Aa,Q1dlah.lE 00_6 F .� �" s -- ----------_-iir y i. --- Z . y 3 j �e T------- z, GG O N z i j j U ;' anrsa.csvawxoN �.�) —rows +uar _ aiWA.,.. . r, ! eu e . :mna.„ '6 ma ma fie,.1 i 1 1 ---'-- I / , I r - j / / I i-, • 1 - / I zun Kraus>omnre as/ I J7 �r i i j / , I 1 I 1 r air 1' 1 I - j i j i. i I . I ! I f 2 1 I ? %i j III 1 it k8 v `-] ' six ;11 b i sa i I i j/ i 1 r j ;i/ ( I /ji i I I t I� 1 f I I s A�, �..1r.� J • • I j /r ' e` I i I, j j ` j / R, E ` ✓ ; I • K I / 1 I 1 / i _______ i.Qi Y �iR1 4.ernu ,„,_„---""I'' 1 - 1 I 1 I 1 I i Z" '-y 1 i \/ I I 1 1 i 1 1 1 1 1 j j i I 1 I I 1 I 1 CITY OF WATERLOO , IOWA / '"i1�.��.r �Ae' /% CITY CLERK AND FINANCE DEPARTMENT Tim 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 p1 O SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer 'Orfoo ' Council Communication c City Council Meeting: May 21, 2012 Iwo i/L ' /2t"119zi ?- Mayor Prepared: May 15, 2012 BUCK Dept. Head Signature: ;) CLARKc<t��ti�� ti Number of Attachments: None COUNCIL MEMBERS SUBJECT: FYE2012 Bond Issue Hearings —Additional Hearing Submitted by: Michelle Weidner, Chief Financial Officer DAVID ZONES Recommended City Council Action: Ward I CAROLYN Our bond attorney has recommended that the following additional action be COLE taken for the issuance of the FYE2012 bonds: Ward 2 HAROLD Resolution to fix date of hearing as May 29, 2012 on the issuance of not to GETTY exceed $750,000 General Obligation Bonds for essential corporate purposes of Ward 3 said City, the proceeds of which bonds will be used to provide funds to pay costs of remediation, replacement and improvement of property, buildings, equipment, QUENTIN M. and public facilities that have been damaged by a disaster as defined in Section HART Ward 29C.2 and that are located in an area that the President of the United States has declared a major disaster (FEMA-DR-1763), including the relocated Public Works RON building/Central Garage Facilities Centralization project. WELPER Wards Summary Statement: This additional hearing does not increase the total BOB amount of bonds that we are planning to sell - $8,000,000 in general obligation GREENWOOD bonds for a number of general purposes and $4,000,000 for sewer improvements At-Large in addition to refunding some prior issues. STEVE Expenditure Required: No additional expenditure. SCIiMITT At-Large Source of Funds: Repayment will be made from various sources, including general property taxes, sewer fees and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. Alternative: The City could choose not to sell bonds and not proceed with a number of projects. Background Information:Our bond attorneys continued to research how best to allocate projects among hearings. Upon their further review, they have recommended that this project be issued under the chapter of law providing for a method of replacement of facilities due to a major disaster. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU' An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO , (P( Council Communication City Council Meeting: May 21, 2012 Prepared: May 10, 2012 Dept. Head Signature: Suzy Schares # of Attachments: 0 SUBJECT: Parking Cashier Services for W. 5th Street/Convention Center Ramp Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Motion to instruct City Clerk to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution instructing City Clerk to publish notice of specifications, bid document, etc. and set date of hearing and bid opening as June 11, 2012. Summary Statement The last time RFPs were sent and approved was August 2010 Expenditure Required None Source of Funds Policy Issue Alternative Background Information: The last time RFPs were sent and approved was August 2010 RECEIVED MAY 16 2012 11L CITY OF WATERLOO , IOWA 474�\r.�:' CITY HALL 715 MULBERRY STREET 50703 Tm dreti00 Today's Date: 5/14/2012 Effective Date: 5/11/2012 Employment Date: 9/1/1990 To: City Council Members Re: Notice of Severance Department Waste Management Services Job Title/Classification Solid Waste Foreman This is to report that the employment of Leo Dixon with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No O Yes D Resigned ❑ Termination O Other laid off medical reasons In accordance with City Policy,it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accrued 118.5 $ 25.82 $ 3,059.67 Vacation-Current 72 $ 25.82 $ 1,859.04 Usable Sick Leave 7.13 $ 25.82 (x)25% $ 46.02 Frozen Sick Leave (x) % $ _ Personal Hours $ _ Comp Time Pay $ _ Unscheduled Leave $ _ Other Pay $ _ Total Payment $ 4,964.73 Comments: Approved by , Date 61/5-// Human Resources M \ Date �/'1la \1 Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward approved form to Department Updated 7/20/10 Council Agenda Date: 2/24(,`30(0' 0 AS/400 Status/Accruals 0 1-9 Cl) Cl) e — 0 > < E - ` \ _\ » E % ) 4 } k « (D & \ - ~cn 0 _/ � } \ \ } - C ro -0 } — - \ / } I6. \ ƒ | \ Z ! } y * * • * * / • 0 J * \ \ o 0 C 2 \ > % 3 - @ \ 2 \ M f = = G c = _ _ m 2 § ' is.) — > r j ® ~ < M Cn / CD - / / / Q) 0 / 777 0 0 \ ] k » r $ � o § j & R \ ( m ƒ \ m & 2 » Ig k � 2/ 2 { m CO \ / » ,,,wo • ] \ 9 § z » o E � 70 o � . m » 7 _. \ r- \ \f / © 2 2 $ * 03 m 2 m o m / 2 } / � // $ � mg > - - - . . . . . . / \ ° A \ . . �. .. . .�. . .. . . . . . . .. . g - .. . . . o < \ 0 3 At G § > -I. cis) 6 \ 0 9 co \ 8 \ \ \ C © G / / / = CO\ ) j • : a. ccac&¢®ae xk:Y MI-Its, srsse_ 8e-a r _11.,..0. _q e,e. .u,_0"• 0 ""_ i r4rillmt "^trri""4m. ;r" 6��'�"-q9�xi"dM" fTP !^C�3G9R �7R33� mx, __ � Ra �; a € 3 " E 11s,8 § ? a, i §9 sJT, § 1 i I '''''''' 1 1 4i : CpAnA 9. ^ € OAF R if I G tl 4 ! d " `n. `/a=ac GG aw S"S" aa= aa i"6G GGG cE 6 . 66G 2,Yn 9n"9r!:`� ^QG.S'8 YG alit s&elfs833 ME & ax allA' 8 8 8& " o.. a a?"o6 Yaas'MBHaspx p� sasgna.M.p. aA�� So- ogee eaa =�8 8 68a5 "E89li88$88888 88u5 $ 888888858 D788 Eui "o s P i 01 a && 88a'c a;ES�l-a,a 6&s58&8&'Eu$& 8&w_ 8cm_ 1 ., 8 k "8 6 6888 8888 ea86liea68 88888a868'8888®8888)3,8a88 i " ,„ 8'8 " " 8 8 8888'i88 - 88a898$88 888858888 a i> _8888 8888 8888 1. .e.I / , . .�. 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City of Waterloo CRAIG RITLAND 715 Mulberry Street - CITY ENGINEERS LANDSCAPE Waterloo, Iowa 50701 \ ,, WATERLOO,IA ARCHITECTS INVOICE No . 6 RE: Lou Henry Hoover Memorial Sculpture Garden Waterloo, Iowa Iowa DOT Project No. STP-E-PA30(111)-8V-07 Summary of Fees for Invoice No. 6 Craig Ritland Landscape Architects Services performed from 03/01/12—03/31/12 Principal—0 hours @ $110.00/hr $ 0.00 Associate— 15 hours @ $85/hr $ 1,275.00 Total $ 1,275.00 Total Billing Invoiced for Project to Date $ 17,387.50 Less Previous Billing - $ 16,112.50 Total Amount Due $ 1,275.00 Total Billing Due for Invoice No. 6 $ 1,275.00 Thank you, Craig Ritland, FASLA ?a,j 501 SYCAMORE STREET BLACKS BLDG-MEZZ. A WATERLOO, IA 50703 PHONE (319) 233-8090 FAX (319) 233-9772 rit land@mc leod usa.net ® Cl) ° / / \ \ f ° \b / / 90 , \ \ 7 , , k' 2 / / � § \ CO 0. - E E a o 2 / . [ 10, _ ƒ % < \ \ v ® _ ! o = % m ! 9 I CD CO 0 \ E • /5 * k * * * * * * * * * * • * * * * * o ! « E • t / C iii o ' e _ > } o e 0 k E -, \ \ Ee ] > o2go 0 0 < / g & p $ \ 2 \ CD 2 & ® ) \ a � @ e a e m o > i / § R \ 2 { j * \ c � ° ° \ j B � � kco = § ® 7k / J § § 7 ) F %2 \ ® / 2 7 c/ * 2 N 7a a) I I7I_ { e 0 ° < P [ 0) } \ 0 » \ CO G E AECOM Invoice RECEIVED CITY ENGINEERS WATERLOO LA Invoice To: Date: May 9, 2012 Mr. Eric Thorson, P.E. Project Number: 60217210 City of Waterloo 715 Mulberry Street Invoice No: 37235665 Waterloo, Iowa 50703 Your Authorization: Supplemental Agreement No. 14 Dated May 16, 2011 Upper Plaza Construction-Review Services Final Billing Classification Hours Amount Senior Professional 2.5 $ 587.52 Project Professional 158.0 22,691.78 Staff Professional 0.5 47.13 Senior Technician 340.0 34,390.61 Technician 650.0 45,150.46 CAD/GIS Operator 4.5 277.33 Project Support 19.5 1,480.59 InVision 23,100.00 Terracon 12,175.38 Direct Expenses 1,098.91 Total Costs to Date $140,999.71 Less Previous Billing 140,001.11 TOTAL AMOUNT DUE $ 998.60 O r q1-2 L:\work\ADMIN\INVOICE\WatUpperPlazaCRS.doc CRS 44 q03. Remit To: AECOM • P.O.Box 1497 • Waterloo,Iowa 50704-1497 501 Sycamore Street,Suite 222 • Waterloo,Iowa 50703 • (319)232-6531 • Fax:(319)232-0271 G0. / [ / . 0 \ \ « E , c \ '% ~ d ® \ / { . Q. 2 - £ \ 77 ` \ a ® 3 , a11) • \ k po ` » / ( \ f \ ( ! 0 co \ { } / * 0 * * * * * * • * • * * * * * * * * * o ! « ` c 7.1 / > n /0 ) Q 2 « 0 r- -1 0 o / n c $ \ // a > o � 3 "0�j /E / q \ E > $ $ • 0 0 / § iQ9 2 ® E § m I _ § / z = = g R \ _ - g & ' eR ƒ � i - ° 0 * > a « ® a o e ) . � o � gEG 0 / � ® _ 0 CD . N ® . 7 © &J o / $ \ \ § \ / f y CD in 0 ea - / ii § \ \ \ \ 8 2 8 a 0 -XOM 1Y y1VO1CQ DNS\ R��S Cost Plus Fixed Fee Progressive Invoice q:,. Date: May 2, 2012 City of Waterloo, Iowa Invoice No. 3(37232771) U.S. Highway 63 Final Design Assistance- Invoice Period Covered: 12/31/11 through 4/27/12 Franklin Street to Newell Street Consultant Job No. 60222055 Client Contact: Eric A. Thorson, P.E. Federal Project No. NHSX-63-6(69)--3H-07 Division I Contract Cumulative Current Estimate To Date Period Labor Dollars $19,808.40 $2,487.15 $ 336.52 Overhead 32,683.86 4,103.78 555.24 Direct Expenses Survey Equipment 0.00 0.00 0.00 Mileage 222.00 0.00 0.00 Copier 456.00 0.00 0.00 Misc. 350.00 0.00 0.00 Subtotal $53,520.26 $6,590.93 $ 891.76 Subtotal Rounded $53,500.00 Fixed Fee 6,800.00 856.82 115.93 Authorized Contingency 0.00 Total Authorized Amount $60,300.00 Total Billed to Date 7,447.75 $7,447.75 $1,007.69 / Remaining Authorized Balance $52,852.25 Unauthorized Contingency AECOM $0.00 Division lI Contract Cumulative Current Estimate To Date Period Labor Dollars $4,924.20 $0.00 $0.00 Overhead 8,124.93 0.00 0.00 Direct Expenses 252.50 0.00 0.00 Subtotal $13,301.63 $0.00 $0.00 Subtotal Rounded $13,300.00 Fixed Fee 1,700.00 0.00 0.00 Authorized Contingency 0.00 Total Authorized Amount $15,000.00 Total Billed to Date 0.00 $0.00 $0.00 Remaining Authorized Balance $15,000.00 Unauthorized Contingency AECOM $0.00 TOTAL AMOUNT DUE L:\work\ADMIN\INVOICE\WatHwy63FinalDesAssistance.doe (� -U O ?ai Remit To: AECOM • P.O.Box 1497 • Waterloo,Iowa 50704-1497 Pi 501 Sycamore Street,Suite 222 • Waterloo,Iowa 50703 • (319)232-6531 • Fax:(319)232-0271 Cl) co U1 7 O n m K o 6 ( CU N 0 `G O_ 7 .< C n. 1 O fM CD 0_ 1 O m N CD 0 O A CD F — 0 co m z 7 N N U D d N O WI C N O CD N 'OD �' O 0 ., 7 0- 1 CS . * "0w < * m NO C c N CD : 0 J Z * n a) O C0 * * * * * * * * * * * * * JD * .. * C 7 * r. * > 7 m 9O D n w -H 0 a m o H -n 0 J j' l 3 OC D lv o —I _, N A W = = M a co , w m ;U 3 o 'coN 7J 1- 0) N () 1 N CD mcnwzC 0 00 0 _, � jcW o 7M CON. 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DO O OO U1 CO w w N CO 1 O 1 O N N v ;) Invoice N Cost Plus Fixed Fee Progressive Invoice , City of Waterloo, Iowa Date: No.o 2, (37 U.S. Highway 63 Final Design Phase Invoice 1 d(37232769) Client Contact: Eric A.Thorson, P.E. 07 ConsultantIn on Period Covered:o. 60131141 01817802 through 4127112 Federal Project No. NHSX'63-6(69)- Job No. 60163114160181780 Cumulative Current Partic_ i Contract Period Estimate To Date $148,335.40 $155,291.99 $ 41.5368.52 Labor Dollars 244,753.41 256,232.43 Overhead 0.00 Direct Expenses 750.00 162.50 0.00 Survey Equipment 200.00 46.39 0.00 Mileagepier564.00 419.82 0.00 Copier 280.00 0.00 Misc. 58,400.00 680.00 69,000.00 0.00 Craig Robinsonn eering Co.Architects 42 700.00 40,506.00 6,430.00 son Engineering C 15.100.00 15- 01 86.99 Subtotal8 aca Consulting $526,146.12 $7,229.03 $521,682.81 $521,700.00 51,400.00 0.00 Subtotal Rounded 51,400.00 Fixed Fee 21300.00 --- Authorized Contingency $593,400.00____ -_ / $7,229.03 Total Authorized Amount 577�546 12 $577,546.12 Total Billed to Date $ 15,853.88 Remaining Authorized Balance Unauthorized Continoencv $4,000.00 AECOM Craig Ritland Landscape Architects 0.000.00 Robinson Engineering Co 1,300.00 Terracon Consulting NonPa�patrn (SanitarySewerDesipn) CUnlUIatlVe Current Contract Estimate To Date Period 5,45$10.43 $0.00 $15,053.80 5,45 .46 0.00 Labor Dollars 24,838.7723 Overhead0.00 0_00 120.00 Direct Expenses $40,012.57 $40,943.69 $0.00 Subtotal Subtotal Rounded $40,000.00 5,000.00 0.00 5,000.00 Fixed Fee 1 000.00 Authorized Contingency $4 000.00 Total Authorized Amount 45 00.09 $45,943.69 $0.00 Total Billed to Date 056.31 Remaining Authorized Balance $ UnauthorAECOM ized Continoencv $3,000.00 r-5-79g, ' 5.2 r TOTAL AMOUNT DUE ��,r d / L1wotMADMINUNVOICE\WatHwyE3FinalDe¢doc �t/ Remit To: AECOM • P.O.Box 1497 • Waterloo,Iowa 50704-1497 b 501 Sycamore Street,Suite 222 • Waterloo,Iowa 50703 •.(319)232-6531 • Fax:(319)232-0271