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02/07/2011
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, FEBRUARY 7, 2011 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three(3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one(1)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Abraham Funchess, Human Rights Director. February 7, 2011 Page 2 Agenda, as proposed or amended. Minutes of January 24, 2011, Regular Session and January 27, 2011, Special Session, as proposed. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of Peregrine Charities to hold Fourth Annual Peregrine Charities Triathlon event to be held at George Wyth State Park on Sunday, September 25, 2011 from 7:30 a.m. to 11:30 a.m., together with approval of Director of Safety Services. Submitted by Daniel J. Trelka, Director of Safety Services 3. Request of Dr. Walter Cunningham School of Excellence to hold Cunningham SK Run/Walk event to be held on Saturday, April 16, 2011 from 9:00 a.m to 10:00 a.m., together with approval of Director of Safety Services. Submitted by Daniel J. Trelka, Director of Safety Services 4. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Liquor& Tobacco Outlet of 2844 University Avenue,for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Zellhoefer, Assistant City Attorney 5. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Jet Lounge of 451 Parker Street,for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Ze//hoefer, Assistant City Attorney 6. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Casey's General Store of 1604 LaPorte Road,for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Zellhoefer, Assistant City Attorney • February 7, 2011 Page 3 7. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Kwik Star#723 of 707 Broadway Street, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Zellhoefer, Assistant City Attorney 8. Request of Jerry Grier for tax exemptions on improvements totaling $136,532.00 for property located at 23 Lafayette Street and located in the Consolidated Urban Revitalization Area Submitted by Shane Graham, Planner/I 9. Request of M.E.N.D. LLC for tax exemptions on improvements totaling $136,532.00 for property located at 916 Bishop Avenue and located in the Consolidated Urban Revitalization Area Submitted by Shane Graham, Planner/I 10. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees: Address Amount to certify 410 Lane Street $1,850.00 1914 Howard Avenue $2,400.00 Submitted by Dennis Clark, General Manager of Waterloo Water Works b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Bob Etringer, Sports Certified Pool Cedar January $240.00 Programmer Operator School Falls, Iowa 24-25, 2011 2. Craig Hintzman, Brown Traffic West Des February $540.00 Signal Tech II,• Tina Products Moines, 10-11, Schellhorn, Training: 2011 Iowa 2011 Maintenance Cabinet and Electrician; Roger EPAC Training Wooden, Maintenance Electrician February 7, 2011 Page 4 3. Recommendation of appointment of Kelby Haynes to the position of Maintenance Electrician, effective February 14, 2011. Submitted by Sandie Greco, Superintendent of Traffic Operations 4. Recommendation of appointment of Craig Clark to the position of Building Official/Maintenance Administrator effective February 7, 2011. Submitted by Mayor Buck Clark Beer License Permit Application Class C 5. E 4th Liquor Store, 735 Logan Avenue (transfer from 1027 E. 4th) (Expires 8/2/11) 6. Hy-Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/12) (Includes Sunday Sales) 7. Hy-Vee Food Store and Drugstore #4, 4000 University Avenue (Renewal) (Expires 3/15/12) (Includes Sunday Sales) 8. Hy-Vee Food Store #1, 306 Byron Avenue (Renewal) (Expires 3/23/12) (Includes Sunday Sales) Liquor License Permit Application Class C 9. The Saloon, 303 W. 4th Street (New) (Expires 11/15/11) (Includes Sunday Sales) 10. Packers Inn, 201 Rath Street (Renewal) (Expires 2/27/12) (Includes Sunday Sales) 11. Elitte Café Bar, 1108 Jefferson Street (New) (Expires 1/4/12) (Includes Sunday Sales) 12. Amalgamated Local 838 UAW, 2615 Washington Street (Ownership Change) Liquor License Permit Application Class E 13. E 4th Liquor Store, 735 Logan Avenue (transfer from 1027 E. 4th) (Expires 8/2/11) 14. Hy-Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/12) (Includes Sunday Sales) 15. Hy-Vee Food Store and Drugstore #4, 4000 University Avenue (Renewal) (Expires 3/15/12) (Includes Sunday Sales) 16. Hy-Vee Food Store #1, 306 Byron Avenue (Renewal) (Expires 3/23/12) (Includes Sunday Sales) February 7, 2011 Page 5 Wine License Permit Application Class B 17. E 4th Liquor Store, 735 Logan Avenue (transfer from 1027 E. 4th) (Expires 8/2/11) 18. Hy-Vee Food Store #2, 2181 Logan Avenue (Renewal) (Expires 3/23/12) (Includes Sunday Sales) 19. Hy-Vee Food Store and Drugstore #4, 4000 University Avenue (Renewal) (Expires 3/15/12) (Includes Sunday Sales) 20. Hy-Vee Food Store #1, 306 Byron Avenue (Renewal) (Expires 3/23/12) (Includes Sunday Sales) Sundae Sales Permit Application 21. Barney's, 501 W. 4th Street (Effective 1/30/11) Outdoor Service Area Application 22. Packers Inn, 201 Rath Street c. Motion to receive and file the following: 1. Communication from Iowa Department of Transportation transmitting notification that the DOT proposes to let a Portland Cement Concrete (PCC)patching project on I-380 from 1-80 north to U.S. 218 in Waterloo on March 15, 2011. PUBLIC HEARINGS 2. Five Sullivan Brothers Convention Center Duct and Coil Cleaning Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications,form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Interim Building Official/Maintenance Administrator for review. Submitted by Craig Clark, Interim Building Official/Maintenance Administrator February 7, 2011 Page 6 3. Development Agreement with Black Hawk Contracting & Development Inc. for the sale and conveyance for $1.00 city-owned property located on East 8th Street from Lafayette and Sycamore Streets, for the construction of 5 new single family homes. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director RESOLUTIONS 4. Resolution supporting the City of Cedar Falls 2020 plan. Submitted by Mayor Buck C/ark 5. Resolution approving recommendation of acceptance of bid from CDW Government of Vernon Hills, Illinois in the amount of$37,526.35 for the purchase of computers and related hardware needed for paperless ambulance reporting system. Submitted by Daniel J. Trelka, Director of Safety Services 6. Resolution approving agreement with Harley-Davidson Cycle Center to lease two Harley Davidson motorcycles at a cost of$125.00 per month per motorcycle for one year, plus routine maintenance; and authorize Mayor to execute said document. Submitted by Daniel J. Trelka, Director of Safety Services 7. Resolution approving the award of bid to John Deere Company of Cary, North Carolina in the amount of$156,658.04 for the 2011 Golf& Downtown Area Maintenance Turf Equipment to be delivered by Van Wall Equipment. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager 8. Resolution approving the award of bid to John Deere Company of Cary, North Carolina in the amount of$73,671.90 for the 2011 Golf& Downtown Area Maintenance Turf Equipment to be delivered by Waterloo Implement. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager February 7, 2011 Page 7 9. Resolution approving request from Richard Penn for an Encroachment Agreement to encroach up to 13" into the public alley for the purpose of constructing 4 parking bollards in the public alley adjacent to 316-320 W. 4th Street. Submitted by Aric Schroeder, City Planner 10. Resolution approving recommendation of award of contract in the amount of$86,710.00 to Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa in conjunction with Asbestos Abatement Services for the Hazard Mitigation Grant Program Property Acquisition Project. Submitted byAric Schroeder, City Planner 11. Resolution approving Professional Services Agreement with Main Street Waterloo in the amount of$40,000.00 per year for FY 2011 and FY 2012. Submitted by Noel Anderson, Community Planning& Development Director 12. Resolution approving Convention and Visitors Bureau Board recommendations for funding forty (40) FYE2012 hotel/motel tax grant applications in the total amount of$250,000.00. Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau 13. Resolution approving Contract, Bonds and Certificate of Insurance with Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $1,078,215.75 in conjunction with F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801; and authorize Mayor to execute said documents. Submitted by Jamie Knutson, P.E., Associate Engineer 14. Resolution setting date of hearing as February 21, 2011 to approve a request by the City of Waterloo to vacate 60'x 465' unopened portion of Regent Street, and 60'x 425' unopened portion of Campbell Avenue directly to the west of the intersection of Campbell Avenue and Alice Avenue. Submitted by Aric Schroeder, City Planner February 7, 2011 Page 8 15. Resolution setting date of hearing as February 21, 2011 to adopt an ordinance granting MidAmerican Energy Company, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa an electric system and communications facilities; and to furnish and sell electric energy to the city and its inhabitants; and authorize the city to collect franchise fees for a period of 10 years. Submitted by Mayor Buck Clark 16. Resolution setting date of hearing as February 21, 2011 to adopt an ordinance granting MidAmerican Energy Company, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa a natural gas system to furnish and sell natural gas to the city and its inhabitants; and authorize the city to collect franchise fees for a period of 10 years. Submitted by Mayor Buck Clark ORDINANCES 17. Post-Construction Storm Water Management Motion to receive,file, consider and pass for the first time an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by Adding a new Article C, Post-Construction Storm Water Management, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Wayne Castle, PLS, El, Associate Engineer OTHER COUNCIL BUSINESS 18. Motion approving Change Order No. 1 for a net increase of$64,185.00 for work performed by Plumb Tech Inc. of Waterloo, Iowa in conjunction with Flood Mitigation for Various Building. Submitted by Craig C/ark, Interim Building Official/Maintenance Administrator 19. Motion approving Change Order No. 1 for a net increase of$1,550.00 for work performed by KW Electric Inc. of Waterloo, Iowa in conjunction with Flood Mitigation for Various Buildings. Submitted by Craig Clark, Interim Building Official/Maintenance Administrator February 7, 2011 Page 9 20. Library Third Floor Carpet Motion to instruct Interim Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. Motion to receive and file specifications,form of contract, etc. Resolution preliminarily approving specifications, form of contract, etc. Resolution instructing City Clerk to publish notice of specifications,form of contract, etc. Set date of hearing and bid opening as March 14, 2011. Submitted by Craig Clark, Interim Building Official/Maintenance Administrator 21. F.Y. 2011 Downtown Waifinding Signage, Contract No. 783 Motion to instruct City Engineer to prepare plans, specifications,form of contract, etc. Motion to receive and file plans, specifications,form of contract, etc. Resolution preliminarily approving plans, specifications,form of contract, etc. Resolution instructing City Clerk to publish notice of plans, specifications, form of contract, etc. Set date of hearing as February 14, 2011. (Project will be let by IDOT on February 15, 2011) ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, February 7, 2011 4:10 p.m. - Council Work Session, Council Chambers 4:30 p.m. - Council Work Session, Council Chambers 4:45 p.m. -Public Works Committee, Council Chambers 4:50 p.m. - Public Safety Committee, Council Chambers 4:55 p.m. -Human Resources Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers February 7, 2011 Page 10 PUBLIC INFORMATION 1. Municipal Telecommunications Utility (MTU) Board minutes of April 27, 2010 on file in the City Clerk's office. 2. Waterloo Regional Airport Board minutes of December 15, 2010 on file in the City Clerk's office. 3. Waterloo Commission on Human Rights minutes of December 9, 2010 on file in the City Clerk's office. 4. Waterloo Public Library Board of Trustees minutes of November 8, 2010 on file in the City Clerk's office. 5. Consolidated Public Safety Communications Center Board Meeting minutes of January 5, 2011 on file in the City Clerk's office. 6. Black Hawk County Criminal Justice Information System Board of Directors Meeting minutes of January 5, 2011 on file in the City Clerk's office.. 7. Black Hawk County 911 Service Board minutes of January 5, 2011 on file in the City Clerk's office. 8. Waterloo Water Works Board of Trustees minutes of January 19, 2011 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Geraldine Road, Contract No. 767 Pay estimate No. 4 to K Cunningham Co. Inc. in the total amount due of $11,970.17 2. F.Y. 2010 Arch Gate Replacement, Contract No. 778 Pay estimate No. 9 to Ecinc in the total amount due of$9,859.89 3. Allen Hospital Area Drain Payment to Ament Inc. in the total amount due of$3,043.78 4. Waterloo Local Flood Protection Project Payment to AECOM in the total amount due of$27,329.60 Amended Council Agenda Items Council Meeting Monday, February 7, 2011 Changed agreement that was previously sent to council 11. Resolution approving Amended Professional Services Agreement with Main Street Waterloo in the amount of$40,000.00 per year for FY 2011 and FY 2012. Submitted by Noel Anderson, Community Planning& Development Director STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1341785 FEB. 7, 2011 MTG. 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Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Sheryl Groskurth, Library Director. 135865 - Hart/Schmitt that the Agenda, as amended moving item #5 to the consent agenda, for the Regular Session on Monday, January 24, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135866 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 18, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. CONSENT AGENDA 135867 - 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 Schedule AP642, pp. 1-61, dated January 24, 2011, in the amount of $1,413, 683.26, 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. 2011-49. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Spicoli' s Grill of 3555 University Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age-Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2011-50. b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date (s) to Exceed 1. Rich Warren and Travel to Waterloo Waterloo, July 25- $951.00 Allynn Howe, for the application Iowa 26, 2011 Consultants for of projects for Government potential federal Relations funding 2. Todd Derifield, 65th Annual La Vista, January $370.00 City Forester Conference and Trade Nebraska 26-28, Show of the 2011 Midwestern Chapter of the International Society of Arboriculture 3. Ryan Mahood, Weapons of Mass Des Moines, January $839.40 Josh Heller, Destruction Lanes Iowa 18-19, Neal Caughron, training 2011 Mike Schipper, Dave Jenson- Members of Weapons of Mass Destruction Team 4. 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Hart/Welper that the hearing be closed. Ayes: Six. Absent: Greenwood. Motion carried. 135873 - Hart/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with 2011 Golf & Downtown Area Maintenance Turf Equipment", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-52. 135874 - Hart/Welper that "Resolution authorizing to proceed in conjunction with 2011 Golf & Downtown Area Maintenance Turf Equipment", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-53. 135875 - Hart/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Van Wall/Great American Waterloo Implement JD 2653B 27, 842.00 N/B Utility Mower JD 2500B 29, 090.00 N/B Greens Mower JD1200A 11,006.00 N/B Bunker Rake JD Gator TX 7,817.00 N/B Utility Vehicle JD Gator TE (Electric) 9,576.00 8,313.00 Electric Utility Vehicle JD Aercore 800 15, 150.68 N/B Greens Aerifier JD 1565 N/B 24, 172.35 Outfront Mower JD 2030A 21, 111.00 N/B Pro Gator JD 4520 N/B 41,186.55 Utility Tractor Trade Values: JD Utility Mower 1,250.00 N/B JD 1200A Bunker Rake 1,750.00 N/B JD Turf Gator 1 2, 000.00 1,500.00 JD Turf Gator 2 2, 000.00 1, 800.00 JD Aercore 800 #1 500.00 N/B JD Aercore 800 #2 2, 500.00 N/B JD Greens Mower 1 4,500.00 N/B JD Greens Mower 2 3, 500.00 N/B Ayes: Six. Absent: Greenwood. Motion carried. 135876 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Six. Absent: Greenwood. 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Resolution adopted and upon approval by Mayor assigned No. 2011-56. 135880 - Schmitt/Hart that "Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for Clark, Butler, Walsh and Hamann, P.C. at 315 E. 5th St, in the amount of $50,000.00; Invision Architecture, LTD at 501 Sycamore St, in the amount of $50, 000.00 and Salon 224, LLC at 224 E. 4th St, in the amount of $7, 800.00; and authorize Mayor to execute said documents-Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Six. Absent: Greenwood. Councilperson Hart, so are we done now or is there still a couple more? Noel Anderson, Community Planning & Development Director, the deadline was December 31, 2010 and I'm not sure if we are still processing some or not. Aric Schroeder, City Planner, I'm not sure on the exact number but it' s a very small number maybe three or four that are still hanging out there that their application was turned in on time but they don't have all of the required documentation. Shane Graham is working with them to get the required documentation. But we are very close to being done with that program. Mayor Clark, after the deadline and they have their filing done is there another deadline to have this done or not really? Mr. Schroeder, no the state just had the deadline for the applications but did not give a deadline for when we have to have everything turned in. They basically said each community could decide that for themselves so we'll work with the businesses a little bit longer but at some point we have to, if they can't get the documentation, cut it off. Mr. Anderson, and as a reminder just e der the process we have been followingwith these is we've been actually gathering the information and making sure we have it, forwarding it to the state for their review and preliminary approval, and then coming back for final approval with us. Resolution adopted and upon approval by Mayor assigned No. 2011-57. 135881 - Cole/Hart that Change Order No. 1 for a net increase of $54,200.00 for work performed by Halvorson Trane Services, Inc. of Clive, Iowa in conjunction with City of Waterloo Smart Controls for City Buildings; and authorize Mayor to execute said document-Submitted by Craig Clark, Interim Building Official/Maintenance Administrator, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. 135882 - Cole/Hart that Change Order No. 7 for a net increase of $29,500.00 for work performed by Peterson Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2010 River Renaissance Lower Plaza, Contract No. 763; and authorize Mayor to execute said document-Submitted by Jamie Knutson, P.E. , Associate Engineer, be received, placed on file and approved. Ayes: Six. Absent: Greenwood. Motion carried. Councilperson Jones, the background information says the Waterloo Fire Department requested the additional standpipe hydrant connections after completion of design and bidding of project. I didn't get time to research that but I was curious as to why the delay in that and how much more that cost us because of that delay. Eric Thorson, City Engineer, I'm not really sure why they didn't notice that sooner but it came up during one of their reviews during the construction. And then they asked that those be added so that it's easier to fight a fire on top of the levy and upper plaza area. We went through quite a number of different scenarios with the designers and with the contractor to try to come up with the most cost effective way to do that. Some of the early costs were up in the $50,000.00 to $60, 000.00 range. But working with fire rescue and the contractor we were able to come to an agreement to put it in to a lesser cost which is what you see before you tonight. Mayor Clark, why it wasn't caught in the original design I don't know. I asked the exact same questions and almost the exact same words. But it is needed and like Eric said we went through several different scenarios to get it as cheaply as we possibly could to satisfy the code. 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Normally we go up there all night and sit and talk about the good of days. And I was up there complaining about something one day, water bill or electric bill. I was complaining about something. And Roosevelt Taylor came over to me and he said are you involved in anything and I said no. He said well shut up then. So I've been involved ever since. Mayor Clark, thank you in taking the time in coming and we'll make sure that happens. Councilperson Hart, tonight the Neighborhood Coalition is having their meeting. The conversation is about drugs in Black Hawk County. So for those that can make it, it's at St. Paul United Methodist Church on Louise Street behind the old Logan school. Cole/Hart that the above oral comments be received and placed on file. Ayes: Six. Absent: Greenwood. Motion carried. ADJOURNMENT 135890 - Cole/Hart that the Council adjourn at 5: 55 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Suzy Schares City Clerk January 27, 2011 The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Council Chambers, Waterloo, Iowa, at 8:00 a.m. , on Thursday, January 27, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper. Absent: Greenwood, Hart. 135891 - Welper/Schmitt that the Agenda, as proposed, for the Special Session on Thursday, January 27, 2011, at 8:00 a.m., be accepted and approved. Ayes: Five. Absent: Greenwood, Hart. Motion carried. 135892 - Cole/Welper that copies of Call for the Special Session on Thursday, January 27, 2011, at 8:00 a.m. , be received and placed on file. Ayes: Five. Absent: Greenwood, Hart. Motion carried. 135893 - This being the time and place of public hearing regarding the removal of W. Douglas Carter as Fire Chief, the Mayor called for written and oral objections. David Dutton, Attorney for W. Douglas Carter, stated this is what the law refers to as a name clearing hearing. It' s a hearing that's guaranteed by the constitution of the United States. When a person who has both a property right and a liberty interest in his position has been terminated. It's an interesting observation that since 1904 there have only been eight fire chiefs for the City of Waterloo. Doug Carter was the eighth chief during that over 100 year experience. It is also true that Doug Carter is the only Fire Chief that has ever been terminated from that position. The implication of being terminated as Fire Chief is that he has done something wrong in connection with performance of his duties. There has been some cause for his termination. And yet the only thing that has been stated in writing and is required under Chapter 372 is that the Mayor has lost confidence in his ability to lead the department. Ordinarily when you have a hearing you have an opportunity to have notice of the charges that are lodged against you. And you have notice of the evidence that supports those charges. So that you can confront the accusations, you can present your own defense to them and you can let the decision be made as to whether or not those charges are grounded and are fair. We attempted to challenge the termination before the Civil Service Commission. And if we had been allowed to do so the city would have been required to state and specify exactly what Chief Carter did or what he failed to do that should lead to his termination. When we were blocked from that opportunity and that avenue, we also lost the chance to confront those accusations and to show that the firing and determination was arbitrary, without cause and without justification. So having lost that opportunity our only recourse to challenge the basis for the termination would be in court. This is a different hearing. Again we are confronted with the failure of the city to state any justifiable reason for Doug Carter's termination. So all we can do is present to you his record as he is going to describe it and letters of support that he will present from the previous Mayor Tim Hurley who appointed him to this position in 2007. And remind the council that he was reappointed by Mayor Clark for a two-year term which is not to expire until December 31, 2011. Which would be this coming December 31, 2011. We believe that that two-year term gives him a property interest in that position that can not be taken from him without due process. And we think that due process has been denied. We're also going to present letters of support from the previous Mayor Tim Hurley, former Chief of Fire Rescue Ned Deberg, former Chief of Fire Rescue Frank Magsamen and also Thomas Jennings who served as police chief during the same period of time that Doug has served as the Chief of Fire Rescue for the city. And I can also state my own experience as County Attorney I worked with the fire rescue department. It's chief having worked with the fire department and in connection with the police department that the City of Waterloo has been blessed by stability of leadership in both areas of public safety. And the question it has raised is if we are now going to see a revolving door of leadership in those departments and what impact that will have upon the citizenry of this community and upon public safety. So as I say, we're handicapped because there are no charges that we can respond to. So all we can do is to have Doug Carter speak to you and tell you about his record. And tell you some of the things that effect him because this termination by implication puts a stain on his reputation that he has developed over 26 years of experience and service with the fire department. That stain can only be removed by some action either by the City Council or through the courts to restore his good name and his reputation we believe has been seriously impacted and effected. So I will ask Doug to address you and I will present to you the letters of support and also a resolution that I would ask that you consider and pass commending y PTES aH zUOT;enTeAe up ssnosTp puE uMop ;Ts JOAO BM pTp uegM zuoT;enTe e apTM paxsE I •qoc age ao; uem egg aou SPM I agbnoua pue am pa;enTeAe pru au pTes aH •ueTd ;ETM paxsE I •at uo mtu ;ubT; pTnoM I agbnoua eq pup ;uam;aedaQ aaTg eq; azTueb.zoa1 oa up-id E peg au pTes all •sragao snTd 'SBA pTES aH 'qnd S,U0seuiE' ;e dnoib aqa seM stg; ;r pa(se I 'Liam au; ;o ;oedsaa aq; peg I NuTg4 a uprp eq ;nq ;sa;uoo A;ta2Tndod E a,USEM aT MauN aH .MOT seM aTeaom aubnoua amos autr; puE saaat T;aard T{aTM ua(ods peg au pTes aH •uoseaa a anrasap I pTes I •sTq; asneo o; auop a0U SO auop I aneq ;eqM paxsE I •UOTSSnoSTp Oa uado a,USeM ;T PTES all LAgM aoAeN eqa paxse I 'uTE;dED SE buruaom AEpuoN xaoM oa aaodex oa pa;oedxe axe noA pue 3e qo aaTg ;o uoTarsod eq; ;o noA buTAaTTaI m,I •;urod aq; oa agbTa Tab TT,I 'PTes aoAeN au; uMop ;es I sy •aoi33o S,roAEN au; 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aaAoTdma ue we I 'aaAoTdma paT;unabsTp 9MOS ;ou me I •apTs Am anTb pue mnao; oTTgnd e uT Needs o; PapToap I os •aroddns aTaga am paaa;;o 9APq Tetra aTdoad ;o suazop eq; pup spueTa; esou; Nueq; oa A;Tun;Ioddo sTga a)Ea oa auem I „zuo buTob sT ;eqM„ 'bUTNSp pue am buTddoas ATTEIB;TT ale aTdoad .am ;nogw PTES buraq aaaM ;eq; sburq; eq; ;o amps ;o pToa SPM I uaga ;nq 'AEME burxTeM ;snC peieprsuoo I pe;owep SPM I uagM •apem uaaq snug ;eq; suoTsToap eq; uaaouoo q;TM pago;eM en,' 'sq;uom aeaga ;seT eq; JOAO •Aepo; aaaq we I AqM q;TM TIe;s oa aueM I .Aes o; ;UEM I ;eqM Aes o; Gans eq Ue0 I os ;uewe;e;s a peal o; buTob m,I 'uoaads pezTromem e eq o; buTob ;ou sT STg; 'p1Enarnog Naed amoH IZ6 'ie;reo setbnoo •M •;uam;Iedep anosaa a1T3 eq; ;o ;aTgo aqa SE pup uemaaT; P se q;oq A;runmmoo sru; o; aOTAIaS sTg ao; as;ae) bnoc it wasn't open to debate. The certified letter I received gave no clear reasons. It does question my ability to provide proactive solutions. I would say that I have presented proactive ideas and solutions. An example would be the arrangement I worked out with Evansdale to ensure a fire engine would be at Station 5. At a council meeting the Mayor praised me for that. When the Mayor told the public that I had been removed as Chief with no clear reason given and that a nationwide search would be conducted for a successor, it certainly left the impression with the community that I was being demoted for cause. That search soon ended without naming a successor and was replaced by a reorganization plan calling for combining the administration of Police and Fire Departments. The Mayor told me that he knew that I would be opposed to a reorganization plan as one of the reasons that I was removed from Chief, but I had never seen a reorganization plan at that time and had never considered what impact it would have on the Departments. I have now seen the plan and as Chief I likely would have raised questions about the plan and the promised savings. The sudden demotion created a false impression of my competence and that I had somehow failed to perform my duties as Chief. Those false impressions have damaged my reputation and damaged the confidence that people in this 9 p p community have in me and that I have spent 26 years of my career developing. It is hard for me to understand, I've been a good employee to this city. This is a mark on my career I don't deserve. It is difficult to defend myself when I've not been told that I've done anything wrong. I am here this morning to publicly state that I did nothing wrong, to defend my good name and reputation to state that I did my job and stood up for public safety, the citizens, and this city. Mr. Dutton, and I have here for the council letters of support and also a resolution that I would ask that the council would consider and adopt. Mayor Clark, Mr. Carter and Mr. Dutton do you have anything further to add? Mr. Carter, I've said everything that I've stated. Mr. Dutton, we have nothing further. Mayor Clark asked if council had any questions or comments. Councilperson Getty, asked for a few minutes to look over everything that has been given to the council. Councilperson Schmitt, the question I have and maybe this may be a question for Mr. Walsh. Obviously this must me the first time that I think any of us have been involved in something like this. I don't know if there or is there an agenda or ultimate goal? I'm at a little bit of a loss of what it is we are suppose to be doing. James Walsh, City Attorney, did you get my letter? Councilperson Schmitt, I did read your letter. I thought it was a little vague but it may be ... Mr. Walsh, we don't have these very often. Councilperson Schmitt, right. Mr. Walsh, you can proceed as you'd like to proceed. The code gives no requirement other than that you hold the hearing, which we have done. Councilperson Getty, in looking over all of the documents we've received I really have a problem I guess. Mr. Dutton mentioned having, defend or have my hands tied. I guess I always thought that Doug did a good job, I had no problem with that. I never had a problem with that. I've had many conversations with him. But my problem is when I get out the rules and the ordinances and so forth of the city council the things that you mayor can do that council looks at. It doesn't say, it says that department heads especially the fire chief and the police chief serve at the discretion of the mayor. And there really doesn't have to be a reason if the mayor decides he wants to change one of those department heads except for the city clerk. Which I understand the city clerk is council' s discretion. Councilperson Cole, it's the city attorney also. Councilperson Getty, and the city attorney. Other than that it's the mayors discretion. What he does, if he wants to relieve somebody he has that prerogative. And with that I would reluctantly have to make a motion that we confirm the mayor's decision that he made. TT,n0A 3I •buoaM ATTPOT;toads buTg;ou pTp za;zeD bnoQ •sTeob ean4n3 znoA gsTTdw000e pup uoT;ezTuebzo ;gbTa aq; uT ;T; ;eg; esoq; axE aTdoad ;gbTa aqy •aaP aTdoad ;gbTa aqy •;asse ;ue;aodwt ;sow znoA ;ou ezP aTdoad •s;pas ;gbta alp uT aTdoad ;gbta egg pup snq aq; ;;o aTdoad buoIM ag; snq eq; uo aTdoad ;gbTa ag; ;ab ;szT3 •;eaab Aupdwoo a SONEW ;PIM sAes suTTTo3 mu •seoue;swnOaTo aq; aaTp Mog Ia;;ew oN •uoT;oaaTp ag; uag; 'aTdoad ag; 4saT3 •auTTdTosTp ;Eg; q;TM x°T;s Aeq; puy •s;Pas ;gbTa aq; uT aTdoad ;gbTa eq; pue snq aq; ;;o aTdoad buoaM ag; snq aq; uo aTdoad ;gbTx ag; buT;;ab Aq ;ap;s Aagy •ogM q;TM ;nq aaagM g;TM ;ou ;ap;s ;eaab o; poob ma; ob ;eg; saTupdwoo 3o szappa7 •;etM ao ogM ;ab aTdoad peuTTdTosTQ uT azaM Aag; ;eg; uoT;Tsod qoC aq; ao3 s;T; poob ;,uaaaM Aagy •qoC poob p op ;,uptp Aaq; ;Eg; ao 'aTdoad poob ;,uaaaM Aag; ;eg; ;ou s,;I •S;T; poob ;OU azaM ogM aTdoad ag; buT;euTWTTe SEM ;UP;aOdWT se ;snr •setuedwoo esaq; ssozoP aweq; ;ua;sTsuoo P sT pTnoo Aag; aTdoad ;sag alp buT;;ab sAes ;I •sgor ana;s 'gsTEM xoer axTT aTdoad go s;uelgsTTdw000e eq; 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o; buTAa; w,I .sTq; pue ;eg; ;noge 4uaaa33Tp sT ;EqM UEaU I •saT;np ITaq; 3o panaTTaa aaaM speaq ;uaw;aedap BAT; aO ano; 'aaaq; pup uT awpo 33oog a0Aew agAeu snoTAaad aq; 3o BUO UT BUT o; swags ;I •suoT;ea;sTuTwpe snoTAaad pup speaq ;uau;aPdep uT eppw sabuego aaaM azag; ;eg; Moux I TTounoo o;uo ;ob I ado;eq Woa3 ;nq 'noA ao3 sT sTq; 3T Gans ;ou w,i gsTEM •Iw uTEbE pup 'anEg I suoT;sanb ag; 3o duo ssanb I puy •AlaaaAes pe5euep ;Ou 3T PBTITns ;seaT ;p uaaq Seg ;eq; axTT sbuTg; pue TeT;ua;od 6uTuaea Gan;n; sTq 'uoT;P;ndeI sTq AT;u$IEddp own azag aaioTdwe A;To awT; BuoT a ;ob BA,BM ;eg; sT suaaouoo eg; 3o duo )UTq; I •pueg ;saT; sbuTg; Ieag o; axTT I asneoaq ;en osTe SUTIPag BOTAIBS TTATO ag; o; ;uaM I pup Aepo; paeag BA,BM ;ETM WOa3 sT anEg I ;pg; uoT;sanb zo uaaouoo aq; '44TWg0s uoszed1TOuno0 •paeag aIBM s;uawwoo buTMoTTo; aq; 'uoT;Ow anoge aq; uo a;OA B o; aoTad •uoTsTOap s,aoAPw ag; waT;uo3 Oy ei0 /A33e& notice there are no letters of support from any current fire people. The moral in the Waterloo Fire Department under Chief Carter's administration was as low as any I've ever seen in any department before. When I took office I barely knew Doug Carter. I didn't have an opinion of Doug because I didn't really know him. I had been approached by a lot, if not the majority of current fire begging me and pleading with me to make some kind of a change in the j administration. I did not make an immediate change because I didn't know Doug, I didn't know his management style, I didn't know anything about him. I come to learn through my first half of the year that there was some serious issues in the fire department. Serious moral issues. Not based on any single thing that Mr. Carter did, he was not insubordinate. He did not break the law. There was no smoking gun. It was a management philosophy and a management style that was not consistent with what I wanted from my department heads. And it is never pleasant, it is never easy, it is certainly never fun to either remove somebody completely or demote them. It has happened once before in the police department. Not in the fire department that I am aware of. If you remember, Roger Shook. Roger was Chief of Police for a while and he did not do a very good job a policeman when Roger was the Chief. The department had pretty much the same philosophy or probably not the same reasons for Mr. Carter but Mr. Shook stepped down and I wasn't close enough to the administration then to know whether he was asked to step down voluntarily. But Roger continued on in his prior capacity before as Chief in a very successful remainder of his career, which was actually several years. He did a great job in finance, he did a great job as Captain, was well respected and well liked. So it can happen and it can be very positive. I understand Doug's position. I understand it completely. I'm sure he's upset and I'm sure he's disappointed. But his life is not ruined and his career is not ruined. Doug is a good person, a good fireman. He can be a tremendous asset moving forward in the organization of the fire department if he so chooses. Councilperson Schmitt, I wasn't going to bring this up but now you have. I feel that I probably need to and obviously Mr. Welper can talk about this more than I could because he met with all of the firemen. And as you said during what you called your rant at the meeting where we discussed this, basing your decision on a popularity contest in the fire department is not the way things should be done. But your comment about the moral, when I went around and talked to the fire department what I heard is that roughly 30 percent of the fire department was not happy with Chief Carter and 30 percent were happy. And the other 40 percent really didn't care who was chief. They were just going to do whatever they were going to do. So I'm a little bit concerned. I don't know if that is there then the reason that he was let go but I'm still just troubled by, again I don't want to rehash what we voted on previously, but how this was handled. How we went from nationwide search to something completely different. And as you've mentioned, having the right people in the right seats. I'm certainly supportive of that, I'm certainly supportive of anything that' s going to save the city $112, 000.00 I think was the last comment I saw. But my concern is when you talk about having the right people in the right seats. And then when Councilperson Welper and I go and talk to the firemen and at that time there was nobody on the fire side that was stepping up to take those seats. So I understand your reorganization plan but I keep coming back to I'm supportive of that once we kind of have those things identified. But this whole thing it seems to be kind of a proposal on the fly. And as we've heard from other council members we get questioned in the community as to Chief Carter and we don't have any good answers. And that' s been my whole concern on this thing from day one. Is it just doesn't seem like its been handled in an orderly, logical, humane manner. And so that's my problem with it. Mr. Dutton, first of all your comments Mayor that moral is at its lowest point ever does not appear in your letter that you sent to the city clerk and to Doug Carter indicating your reasons for his termination. So those statements are first of all miss placed. Secondly, they are not supported in any way. There is no, if we had known that that was your claim then we would have sought letters from fire people as to why they felt that he was the proper person for the job. But more important than that you have not stated any reasons why you claim that moral is low. Any reason attributable to Doug Carter. Mayor Clark, technically I don't have to state any reasons. Mr. Dutton, under Chapter 372 you do. Mayor Clark, I did publically here today. This is not a trial and there is no one on trail. It's a hearing and I think we've flushed this out. Mr. Dutton, well what your saying though is that you have by implication defamed Doug Carter and the reason that we are here today is to answer specific charges and to clear his name. You have not given us that opportunity. And for that r xsaT3 AgT3 sasegoS Azng 'paTaaPo uoTgow •gaps 'pooMuaaz :quasgy 'aAt :saAy •ui•P 5y:8 qe usnoCpe TTounoo aqq geqq sauor/aToD - b68S£T maw :moray 'paTzseo uoTgow 'gzeg 'pooMuaazs :quasgy •eATa :saA' •aTT; uo peoeTd pue panTeoas aq squannuoo uaggTzM pus Tezo pup pasoTo aq buTseaq aqq geqq sauor/aToD •paTszeo uOTgON •gzeg 'pooMueazs :quasgy 'ggTucqoS :sAeN 'snow :seAf •gTnsaz buTMoTTo3 agq g;TM uoTgom anoge aqq uo uoS[sq SPM 940A P SquewuIOo buTMoTTo,3 sn go TTP oq uzaouoo e sT pup A493Ps oTTgnd segeDTTduT geqq •uoseaz gPgq zo3 paoeTdas SPM pue TTaM ooq qoC sTq pTp oqM auoatuos buTOPTdaz eau noA AtM O . se AgTununuoo sTgq 3o AzuazT4To aqq Aq uzaOuo0 Teaz e sT azagq uegq aseo agq s,gegq 3T pay 'TTaM ooq qoC sTq PTP aq geqq eq Aew uoTgpuTmaaq sTg JO; suoseaz agq gPgq puy '3OTgo aJT3 aqq se qoC quaTTeoxa up auop seq aq geqq iuTeTo sTg pagegs seq pue aSPO sTq apsui ssq aq geqq buTMOux p3PMJO3 ){TeM Oq UPU1 sTgq moire TTTM gPgq eppui aq oq uoTsToap aiuos gUPM eM qnq APM zaq;Ta •pagoeCaz zo TTounoO aqq Aq pagdope aq not oq paquasazd am geqq uoTgnTosas aqq geqq asodozd uTebe oq quPM aM UOSpaz - w IP - IIR VW m WO s S S WI ! 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I C > CI a > 4 r: > tL .I 1 >., H 1 !. N N.,a t 2 I-1 Z 0 II. ry Z E Iy '-I T_ .0 U. I-1 v-01,0 R:, 1 0...!! J 0 4 ... tl # J u #1-.,i -J: .Z-, 2.f-f! I I� a i UI ! ¢ 0 CUU F4- 0 i.u1 I CP El i I- -I ,W W. Z I I- 0 CI 1- 0 0 I-_I CJ C7 F-1 I OI C 4 • • • • • 0 0 • • • 0 M 0 4 th 4 • It 4 4 1 CITY OF WATERLOO Council Communication City Council Meeting: February 7, 2011 Prepared: Daniel J. Trelka. Dept. Head Signature: # of Attachments: 2 SUBJECT: Peregrine Charities Triathlon Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Council approval of the Fourth Annual Peregrine Charities Triathlon to be held Sunday, September 25, 2011. Summary Statement: The Fourth Annual Peregrine Charities Triathlon is scheduled to be held Sunday, September 25, 2011. It will be based out of George Wyth State Park and will include both Olympic and sprint distances. The bike portion of the race takes place on Waterloo, Cedar Falls and Black Hawk County roads. A map is attached of the event route. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Cc: Captain Joe Leibold,Police Department Captain Tim Pillack,Police Department Fire Rescue Sandie Greco,Traffic Operations Steve Decker, Street Department PEREGRINE RECEIVED NOV 2 2010 CHARITIES November 22, 2010 Mayor Buck Clark Waterloo City Council Members 715 Mulberry Street Waterloo, IA 50703 Dear Mayor Clark& Members of the Waterloo City Council: I am requesting permission to hold the Fourth Annual Peregrine Charities Triathlon on Sunday, September 25, 2011 within the city limits of Waterloo. The Triathlon's growth will continue to showcase the Cedar Valley and most importantly, provide support for pediatric projects in Eastern Iowa hospitals through the Peregrine Charities mission. We appreciate the past support from the City of Waterloo and hope to continue that relationship in 2011. The Triathlon will be based out of George Wyth State Park and will include both Olympic and sprint distances. The bike portion of the race takes place on Waterloo, Cedar Falls and Black Hawk County roads. The bike route is highlighted on the enclosed map. It will begin and end in George Wyth State Park. We have been in communication with Chief Dan Trekla &Captain Pillack of the Waterloo Police Department. They are reviewing our request to provide officers to aid in the direction of traffic and general safety assistance while the participants are in the Waterloo city limits. I will send you the Certificate of Insurance for the event listing the City of Waterloo as an additional insured. This year, we are also planning to have a Kids Triathlon on Saturday, September 24, 2011. The entire race will take place within George Wyth Park for children ages 5-15. I respectfully request the City of Waterloo pass a resolution authorizing this event. Please let me know if you have any questions regarding the Triathlon. Sincerly, / Amber waseniiorf ' • Director, Peregrine Charities Certified Race Director, USAT(USA Triathlon) Enclosures: Bike Route Map ( CC: Chief Dan Trekla &Captain Tim Pillack One Peregrine W. 311 W Monroe St Ste.1300 • Cedar Falls,IA 50(;i_: Chicago,IL 60606 (319)553-2118 FAX(319)277-0880 (312)775-3559 FAX(312)775-3095 • \- V .P1 Kl ( RIN ( II \R il} 'NJ)0c, BIKE COURSE BIKE START TRANSITION AREA AID STATION OLYMPIC COURSE SPRINT COURSE (40 KM) (15.8 Mi) (24.85 Mi) (25.4 KM) 218 a z7 W.Cedar-Wapsi Rd. W.Cedar-Wapsi Rd. e I f V x o 2. ewe t a ® m i- a P. V e 9 m._.. W.Bennington Rd. W.Bennington Rd. W A ~ m IF 7 A r. i V A 218 W.Mt Vernon Rd. W.Mt Vernon Rd. q 0 in b l� 10m1 i m a' a a P O < n Filkin Rd. 4414 , Donkerton Rd. W.DuMurten Rd. 44441111114 a1444444444444444 • w V ►►P►►P►►6N►►►►►►►►►►►►►►►►►►►►►►►►►►►►►Y►►►. m •I. M. w • dt o e ♦ 0 o. r 1 W.Lone Tree Rd. 'V = e. - n 7 E.tone Tree Rd. 6 4 m � m North ® ,..tv 1 Cedar Waterloo v e� Airport , A if une 4111 q A. ', 218 �c q A I I s 4 ‘14eot‘‘g. 27 W.Airline Hwy 4► �� 4 P ® 44tn 4► ; P W.Airline Hwy 0W1s1St. 1st St 0W.Washington 1111 e ► dr� v. George 4J79' m v ° Wyth4 Cedar State Park Q A 4 A o Falls S" 1 ►' 4 °`,s P 4 4 0 PEREGRINE 0 218 CHARITIES t RESOLUTION NO. 2011-64 RESOLUTION APPROVING REQUEST OF PEREGRINE CHARITIES TO HOLD THE FOURTH ANNUAL PEREGRINE CHARITIES TRIATHLON ON SEPTEMBER 25, 2011 . WHEREAS, Peregrine Charities has made written application to the City Council asking that they be authorized and permitted to hold the Fourth Annual Peregrine Charities Triathlon on September 25, 2011, together with the approval of the Director of Safety Services, and WHEREAS, said Triathlon will begin at 7 : 30 a.m. , and will include a swim in George Wyth Lake, a bike ride in Waterloo, Cedar Falls and Black Hawk County and a run in George Wyth State Park. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that permission is hereby granted to Peregrine Charities to hold the Fourth Annual Peregrine Charities Triathlon on September 25, 2011 with said Triathlon to begin at 7 : 30 a.m. and to include a swim in George Wyth Lake, a bike ride in Waterloo, Cedar Falls and Black Hawk County and a run in George Wyth State Park. PASSED AND ADOPTED this 7th day of February, 2011. ar-f Er st G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: February 7, 2011 Prepared: Daniel J. Trel Dept. Head Signature. # of Attachments: SUBJECT: Cunningham 5K Run/Walk Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approval of Cunningham 5K Run/Walk to be held April 16, 2011 (no rain date). Start time 9:oo a.m., ending at approximately io:oo a.m. Summary Statement: Race route map is attached. They are requesting help in blocking roads and directing traffic. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Cc: Captain Joe Leibold,Police Department Fire Rescue Sandie Greco,Traffic Operations Steve Decker, Street Department • Mary Peterson Dr. Walter Cunningham School for Excellence 1224 Mobile Street Waterloo, Iowa 50703 Chief Dan Trelka City of Waterloo 715 Mulberry Street Waterloo, Iowa 50702 Dear Chief Trelka: I am a Title I teacher at Cunningham Elementary. This year Stephanie Westendorf and myself started an afterschool running club for our 4th grade girls. Our goal is to get our students more active and to adopt a healthier life style. It has been very successful. We are organizing a 5K Run/Walk in the community around Cunningham. We would like permission and help blocking roads and directing traffic. The Cunningham 5K Run/Walk is scheduled for April 16, 2011. (We will not reschedule if it is cancelled) The race starts at 9:00 am and is expected to run for an hour, ending at 10:00 am. We are anticipating around 200 people. Enclosed is the race course. We plan to start behind the school at the corner of Ash and Cottage then traveling east on Cottage and turning right onto Linden Ave. Continue going south on Linden Ave. until intersecting with MLK Jr. Dr. Participants will run on the wide sidewalk along MLK JR. Dr. turning left onto Idaho St. We would need police assistance barricading one lane of Idaho to use for the runners and one lane of Newell as they turn left onto Newell from Idaho. We would also need assistance at those intersections helping to direct traffic. Runners will continue on Newell St. traveling west until turning left onto Beech St. Then turning right onto Webster St. Continue traveling west until turning left onto Peck St. where they will run one block then turning left onto Adams St. Runners will continue traveling east until turning right onto Ash St. Our 5K Run/Walk ends back at Cunningham at the intersection of Ash and Cottage. I am unsure if you require signs posted for no parking on the street the morning of the race. If this race course is not accepted, please include reasons why .We have already designed an alternative race course. Thank you for you time and consideration. Mary Peterson Stephanie Westendorf Ruth Watts city of waterloo, iowa map - Google Maps Page 1 of 1 r Goole maps To see all the details that are visible on the screen, use the "Print" link next to the map. 2 .�.rUlw st. . Gable sa - 3 Y ri Im , 6 I 22 tech..-,1 4, Nowe„ c Newell SittF.a !I. .41, Nk-wkIE Si _.. .. i .l,TL t. .t IV`:..r`.,t ..,. r� f.ql Ion. .,t rn dry. U, Webs*St Vvetslxfl ^_ t.l :F.1 r ,:n r,r'-m S.St s , P. t ade ex `„ a (p fy I l'al+ Cc:tau,, 0',.3l'a a St CMEar°St cr - 1 _ �. SW"Snei v' S `urnnet ; r. :a-(a: i�^ettla i} T I_. . . ,1 -::j.:t iy: m m11 T F'-r 2..]5s r.Heicis ,, x a ., `-F'drk i r C nfo -lrcia U St r�I�1ny.St �. m "AILi".,. ? +ri n ,I, }� F�SC J ry 'garki jf Dr l F .r-r.e ti7 j) .n i 2 x ,,1-,, +„-ktp 02i91 tGoogle-Map d td`t 011 Google- http://maps.google.com/maps?q=city+of+waterloo,+iowa+map&rls=com.microsoft:en-us... 1/11/2011 RESOLUTION NO. 2011-65 RESOLUTION APPROVING REQUEST OF THE DR. WALTER CUNNINGHAM SCHOOL FOR EXCELLENCE TO HOLD CUNNINGHAM 5K RUN/WALK EVENT ON APRIL 16, 2011. WHEREAS, the Dr. Walter Cunningham School for Excellence has requested that they be allowed to hold a Cunningham 5K Run/Walk event on April 16, 2011, together with the approval of the Director of Safety Services, and WHEREAS, said event will begin at 9: 00 a.m. , with the route to start and end behind Cunningham School at the corner of Ash and Cottage Streets . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of the Dr. Walter Cunningham School for Excellence to hold a Cunningham 5K Run/Walk event on April 16, 2011 beginning at 9: 00 a.m. , with the route to start and end behind Cunningham School at the corner of Ash and Cottage Streets, be and the same is hereby approved. PASSED AND ADOPTED this 7th day of February, 2011 . al" 1E nest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 7, 2011 Prepared: lanuary 27, 2011 Dept. Head Signature:James E. Walsh,Jr., City Attorney # of Attachments: 3 SUBJECT: Liquor&Tobacco Outlet Tobacco Violation, First, $300 civil penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of$300. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: // c_, CITY OF WATERLOO, IOWA CITY ATTORNEYS OFFICE 715 Mulberry St. • Waterloo, IA 00703 • (319)291-4327 Fax(319)291-4571 aterl0 0 JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEFER,Assistant City Attorney Mayor BUCK January 27, 2011 CLARK COUNCIL MEMBERS DAVID Mayor Ernest G. Clark and City Council TONES City Hall Ward Waterloo, IA 50703 CAROLYN COLE Re: Liquor& Tobacco Outlet, 2844 University Ave., Waterloo, Iowa, 50701 Ward 2 HAROLD Dear Mayor Clark and Council Members: GETTY Ward 3 I have received a signed Acknowledgment/Settlement Agreement regarding the QUENTIN M. violation of tobacco laws by the above-captioned permittee. A copy is enclosed HART for your records. Ward 4 I have also enclosed an Order form accepting this Agreement in lieu of a public RON hearing and concluding this matter. Please approve and sign this Order at your WELPER Ward 5 next regularly scheduled meeting. The Original signed Order should then be sent to the permit holder. A copy should be returned to the City Attorney's Office. BOB GREENWOOD Thank you for your assistance. Please call me if you have any questions. At-Large STEVE Sin erely, SCHMITT At-Large D d R. Zellhoefer Assistant City Attorney DRZ:lc Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: Police Chief file • CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • REC'O JAN 2 7 2011 IN RE: LIQUOR& TOBACCO OUTLET ACKNOWLEDGMENT/ 2844 UNIVERSITY AVENUE SETTLEMENT AGREEMENT WATERLOO, IOWA, 50701 FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we)hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of$300.00 made payable to the City of Waterloo to settle the above- referenced complaint. The above-captioned permit holder hereby waives all jurisdictional claims. '''"-" 27)9%e - �/f& S Date: � / _2,0// NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, along with your $300.00 check made payable to the City of Waterloo, should be returned to: David R. Zellhoefer,Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. [ R \ ) $ 0ol \ } { e , % . G | } O .1 . \ } s 111 m 13 C \ 11 ƒ . \ 1 ) \ / ii . ) k ' ) | � § i / \ { V- 11 . O { \ D \ | M } o d , / 7 « zeenJ . t CC — =S ,B / w « _< 0 } j w ' 2 •r1 §E e § ] { 6 `2 0 \ o ! « C « ` § ru \ g q I it t \ Cl.). 0 \ a "C2 ❑ } 2� , ) . ( � 0 " !! \ i \ . , , \ . . __ , \ ,_ ,_ =«o o j BEFORE THE WATERLOO CITY COUNCIL IN RE: LIQUOR& TOBACCO OUTLET ORDER ACCEPTING 2844 UNIVERSITY AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this day of r"` ' , 2011, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above-captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above-captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. LA/ Ernest G. Clark, Mayor ATTEST: ) Suzy Schaaes, City Clerk RESOLUTION NO. 2011-66 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR LIQUOR & TOBACCO OUTLET, 2844 UNIVERSITY AVENUE, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of First Violation and Order Accepting Acknowledgment/Settlement Agreement - First Violation dated February 7, 2011, in the amount of $300 . 00, in conjunction with First Violation of Iowa Code 453A. 2 (1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Liquor & Tobacco Outlet, 2844 University Avenue, Waterloo, Iowa, be and the same is hereby approved and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of February, 2011 . Ernest rk, Mayor -17 ATTEST: Suzy Scha es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 7, 2011 Prepared: January 27, 2011 Dept. Head Signature:James E. Walsh, Jr., City Attorney # of Attachments: 3 SUBJECT: Jet Lounge Tobacco Violation, First, $300 civil penalty Submitted by: David R. Zellhoefer,Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of$300. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: %a CITY OF WATERLOO , IOWA CITY ATTORNEYS OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4327 Fax (319)291-4571 df071 p0 \O JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEYhR,Assistant City Attorney Mayor BUCK January 27, 2011 CLARK COUNCIL MEMBERS DAVID Mayor Ernest G. Clark and City Council JONES City Hall Ward 7Waterloo, IA 50703 CAROLYN COLE Re: Jet Lounge, 451 Parker Street, Waterloo, Iowa, 50703 Ward 2 HAROLD Dear Mayor Clark and Council Members: GETTY Ward 3 I have received a signed Acknowledgment/Settlement Agreement regarding the QUENTIN M. violation of tobacco laws by the above-captioned permittee. A copy is enclosed HART for your records. Ward 4 I have also enclosed an Order form accepting this Agreement in lieu of a public RON hearing and concluding this matter. Please approve and sign this Order at your WELPER Ward 5 next regularly scheduled meeting. The Original signed Order should then be sent to the permit holder. A copy should be returned to the City Attorney's Office. BOB GREENWOOD Thank you for your assistance. Please call me if you have any questions. At-Large STEVE Si ely, SCHMITF At-Large Da 'd ellhoefer Assistant City Attorney DRZ:lc Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: Police Chief file CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer REC'D JAN 2 7 2011 IN RE: JET LOUNGE ACKNOWLEDGMENT/ 451 PARKER STREET SETTLEMENT AGREEMENT WATERLOO, IOWA, 50703 FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of$300.00 made payable to the City of Waterloo to settle the above- referenced complaint. The above-captioned permit holder hereby waives all jurisdictional claims. /14-CA---1"1—r-r<- Date: ( vas/c90 NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, along with your $300.00 check made payable to the City of Waterloo, should be returned to: David R. Zellhoefer,Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. 0 N i 114 N 2 O I i....— W Q -T---. C 171 Ca rfl IT E 0 A ..._,Ii , c Q 1Er Z 111! /3 1 o 0 f wC¢^o ! G sJrI ru Wti `` re., C o— u. W ce =W , aoo CC IL 0 BEFORE THE WATERLOO CITY COUNCIL IN RE: JET LOUNGE ORDER ACCEPTING 451 PARKER STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT—FIRST VIOLATION On this day of 4../A1.9...1111 , 2011, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above-captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above-captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Ernest G. Clark,Mayor ATTEST: Suzy Sch4res, City Clerk RESOLUTION NO. 2011-67 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR JET LOUNGE, 451 PARKER STREET, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of First Violation and Order Accepting Acknowledgment/Settlement Agreement - First Violation dated February 7, 2011, in the amount of $300 . 00, in conjunction with First Violation of Iowa Code 453A. 2 (1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Jet Lounge, 451 Parker Street, Waterloo, Iowa, be and the same is hereby approved and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of February, 2011 . /g4Rti9i Ernest G. Clark, Mayor ATTEST: rj. c,r, _1"" Suzy Sch res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 7, 2011 Prepared: January 28, 2011 Dept. Head Signature:James E. Walsh,Jr., City Attorney # of Attachments: 3 SUBJECT: Casev's General Store Tobacco Violation, First, $300 civil penalty Submitted by: David R. Zellhoefer,Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of$300. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: " "'' CITY OF WATERLOO , IOWA ���^t���/ CITY ATTORNEY'$ OFFICE lye yam 715 Mulberry St. • Waterloo, IA 60703 • (319)291-4327 Fax(319)291-4571 %r(oo \O JAMES E.WALSH,JR.,City Attorney • DAVID R ZELLHOtsN>;x,Assistant City Attorney Mayor BUCK January 28, 2011 CLARK COUNCIL MEMBERS I 1 DAVID Mayor Ernest G. Clark and City Council JONES City Hall Ward I Waterloo, IA 50703 CAROLYN COLE Re: Casey's General Store, 1604 LaPorte Road, Waterloo, Iowa, 50702 Ward 2 HAROLD Dear Mayor Clark and Council Members: GETTY Ward 3 I have received a signed Acknowledgment/Settlement Agreement regarding the violation of tobacco laws by the above-captioned permittee. A copy is enclosed QUENTIN M.HART for your records. Ward 4 I have also enclosed an Order form accepting this Agreement in lieu of a public RON hearing and concluding this matter. Please approve and sign this Order at your WELPER next regularly scheduled meeting. The Original signed Order should then be sent Ward 5 to the permit holder. A copy should be returned to the City Attorneys Office. BOB GREENWOOD Thank you for your assistance. Please call me if you have any questions. At-Large Err Sey David R. Zelihoefer Assistant City Attorney DRZ:lc Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: Police Chief file CITY WEBSITE:www.cityofwater)ooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 't REC'0JAN282011 IN RE: CASEY'S GENERAL STORE ACKNOWLEDGMENT/ 1604 LAPORTE ROAD SETTLEMENT AGREEMENT WATERLOO, IOWA, 50702 FIRST VIOLATION I (we)hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we)hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we)understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of$300.00 made payable to the City of Waterloo to settle the above- referenced complaint. The above-captioned permit holder hereby waives all jurisdictional claims. t,ft' -,i 'Illfti 1,40(:) , Claire 12. ettt-an , ,e6i,l Cou-sel Date: I-219-ll NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, along with your $300.00 check made payable to the City of Waterloo, should be returned to: David R. Zellhoefer,Assistant City Attorney, 715 Mulberry Street, Waterloo,Iowa, 50703. VDR i67897 CK NO 2117929 Discount Net Amount Invoice Invoke Amount Memo .ate Number 2880 O1/26/11 CKREQ 300.00 •00 300.00 300.00 .00 300.00 ❑etach Before neposlting WARNING:ORIGINAL DOCUMENT IS PRINTED IN BLUE INK. Check No. 3s-1Bof 2117929 Date u��Bavk oiz si11hi. CASEY'S GENERAL STORES nemeee ro¢ O1/27/11 CASEY'S P.O. BOX 3001 onTERALmat ANKENY, IOWA 50021-8045 Amount $300.00 PAY ****THREE HUNDRED DOLLARS & NO CENTS TO THE CITY OF WATERLOO ORDER 715 WATERLOO MULBERRY ST ` ' 9 OF WATERLOO IA 50703 `v/1'+ WARNING:ORIGINAL.DOCUMENT HAS AN ARTIFICIAL WATERMARK ON REVERSE SIDE. .1'�`` .Y`w » :'' M. .—�. u' 2LL7929u' ': L❑ L2L90171: n' S00800L294n' BEFORE THE WATERLOO CITY COUNCIL IN RE: ORDER ACCEPTING 1604LAPORTE CASEY'S GENERAL STORE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, OWA 50702 AGREEMENT FIRST VIOLATION ROAD On this day of , 2011, in lieu of a public hearing on the matter,the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above-captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above-captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. ited Ernest G. Clark,Mayor ATTEST: Suzy Schafes, City Clerk RESOLUTION NO. 2011-68 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR CASEY' S GENERAL STORE, 1604 LAPORTE ROAD, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of First Violation and Order Accepting Acknowledgment/Settlement Agreement - First Violation dated February 7, 2011, in the amount of $300 . 00, in conjunction with First Violation of Iowa Code 453A. 2 (1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Casey' s General Store, 1604 LaPorte Road, Waterloo, Iowa, be and the same is hereby approved and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of February, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Scha s, CMC City Clerk RESOLUTION NO. 2011-68 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR CASEY' S GENERAL STORE, 1604 LAPORTE ROAD, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of First Violation and Order Accepting Acknowledgment/Settlement Agreement - First Violation dated February 7, 2011, in the amount of $300 . 00, in conjunction with First Violation of Iowa Code 453A.2 (1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Casey' s General Store, 1604 LaPorte Road, Waterloo, Iowa, be and the same is hereby approved and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of February, 2011 . 2L,1 7 "- Ernest G. Clark, Mayor ATTEST: _ r e Suzy Scha�es CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 7, 2011 Prepared: lanuary 31, 2011 Dept. Head Signature:James E. Walsh,Jr., City Attorney # of Attachments: 3 SUBJECT: Kwik Star#723 Tobacco Violation, First, $300 civil penalty Submitted by: David R. Zellhoefer,Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of$300. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: �,,, ,ij� CITY OF WATERLOO , IOWA /4401. ", rram_ ��( CtTY ATTORNEY'$ OFFICE �^ �^^ 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax(319)291-4571 rJoo JAMES E.WALSH,JR.,City Attorney • DAVID R ZELLHOEKFX,Assistant City Attorney Mayor BUCK January 31, 2011 CLARK COUNCU.. MEMBERS DAVID Mayor Ernest G. Clark and City Council JONES City Hall Ward 1 Waterloo, IA 50703 CAROLYN COLE Re: Kwik Star 723, 707 Broadway, Waterloo, Iowa, 50703 Ward 2 HAROLD Dear Mayor Clark and Council Members: GETTY Ward 3 I have received a signed Acknowledgment/Settlement Agreement regarding the violation of tobacco laws by the above-captioned permittee. A copy is enclosed QUENTIN M. HART for your records. Ward 4 I have also enclosed an Order form accepting this Agreement in lieu of a public RON hearing and concluding this matter. Please approve and sign this Order at your WELPER next regularly scheduled meeting. The Original signed Order should then be sent Ward 5 to the permit holder. A copy should be returned to the City Attorneys Office. BOB GREENWOOD Thank you for your assistance. Please call me if you have any questions. At-Large STEVE S. cerely, t-LargSCHM TT �/ At-Large , t,// l avid R. Zellhoefer Assistant City Attorney DRZ:lc Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: Police Chief file CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opporlwilly/Atlirmative Action Employer rRECII JAN 31 2011 ` t IN RE: KWIK STAR 723 ACKNOWLEDGMENT/ 707 BROADWAY SETTLEMENT AGREEMENT WATERLOO, IOWA, 50703 FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of$300.00 made payable to the City of Waterloo to settle the above- referenced complaint. The above-captioned permit holder hereby waives all jurisdictional claims. Date: /a7_l NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing,this document, properly signed and dated, along with your $300.00 check made payable to the City of Waterloo, should be returned to: David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. 0 • � _ O cl O C 0 0 ri rn : in lc NCO 45 `i # CC w `! k e is Q �. * 0 Z z . o Yi Ci O e! Q _F ?% . - D, H Y H r z NI Q m N 1 Z ¢ a H ❑ D - "' 0 L.fl Lc t5.. F n � Q' a W m ❑ ¢ ca Z 01 la z` N t- 0I 0 x .. C- y;Ail 1,, r1J q s ti 0 r+1 • O ❑ 0 ro �] in U I:4 H (� ill ca Z o 00 • Horn ' a X 14 a WLc)°? w E L E I—NYUUO x Q a, F F 0 0 7 BEFORE THE WATERLOO CITY COUNCIL IN RE: KWIK STAR 723 ORDER ACCEPTING 707 BROADWAY ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT—FIRST VIOLATION On this �U day of Y./KC l , 2011, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above-captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above-captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Zil.137/ ;?-c,--&' Ernest G. Clark, Mayor ATTEST: Suzy Sch'a es, City Clerk RESOLUTION NO. 2011-69 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - FIRST VIOLATION FOR KWIK STAR #723, 707 BROADWAY STREET, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of First Violation and Order Accepting Acknowledgment/Settlement Agreement - First Violation dated February 7, 2011, in the amount of $300 . 00, in conjunction with First Violation of Iowa Code 453A.2 (1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Kwik Star #723, 707 Broadway Street, Waterloo, Iowa, be and the same is hereby approved and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of February, 2011 . e-ai, rnest G. Clark, Mayor ATTEST: uzy Sch res, CMC City Clerk CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT �....... ......1� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dler100 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: Februar 11 CLARRK Prepared: February 1, 20,1.1 f Dept. Head Signature: # of Attachments: 4 COUNCIL MEMBERS SUBJECT: Request of Jerry Grier for tax exemptions on improvements totaling ONES DAVI I i►�-S 2..for property located at 23 Lafayette St and located in the Consolidated Ward I Urban Revitalization Area. CAROLYN Submitted by: Shane Graham, Planner II COLE Ward 2 Recommended City Council Action:Approval HAROLD GETTY Ward 3 Summary Statement: Attached please find a formal application for tax exemptions on improvements made to the property at 23 Lafayette Street.Jerry Grier has QUENTIN submitted the application for the following improvement(s): Rehab of existing HART commercial building. The sum costs of these improvements were reported to have Ward 4 been $180,000. RON WEEPER Expenditure Required:None Ward 5 BOB Source of Funds:None GREENWOOD At-Inge Policy Issue:None STEVE SCHMITT Alternative: None At-Large Background Information: These improvements qualify for exemptions from taxes on the actual value added to residential and commercial property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the ten (10)year, partial exemption. cc: Noel Anderson,Community Planning(Sr.Development Director Path: K:\USERS\SHANE-G\CURA\Letters\CURA Council Communication 925 Midland St.doc CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer URBAN REVITALIZATION APPLICATION IL .41►,t,17 FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE URBAN REVITALIZATION PLANS ADOPTED BY THE CITY COUNCIL OF THE d/e�loo \o CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. It commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 3. This application must be filed with your assessor according to the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2(as attached.) However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has bee granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: ‘3EP,2Y G'QIE'R SIGNATURE: ADDRESS: AS L4F4re-rTE ST. TELEPHONE: 2,3 5-0 219, DATE: I/2 7 it l A. What is the Address of your property? 2,3 & ARE ST. What is the Legal Description of your property?(Available at County Assessor's Office on 2°d floor of the Courthouse)? Fwer5 OF LOTS I'1,l5 4vD►6 IL) q(9irrlts 1 4-Y00 FUR') 4).41&RLoa $t.4c4 14441K Cover;)sow,�l GIEScRtpED AS POLOUIS . • • B. Indicate desired exemption schedule:(1 or 2) 1. One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. X A partial exemption on the actual value added by improvements according to the following schedule: a. First Year- -80% d. Fourth Year----50% g. Seventh Year---30% b. Second Year--70% e. Fifth Year----40% h. Eighth Year----30% c. Third Year------60% f. Sixth Year----40% i. Ninth Year------20% j. Tenth Year----20% C. What was the nature of the improvement(s)? IA;i log RE141113 tI.)CLOp,&,&- 4/tpPdwS ON 6XTERIDR D. City of Waterloo Building and Inspections Department Information: o9.oq t .g u h4/oq Permit Number: to,63 037 Date permit was issued: 5/x /I o Total permits)valuation: 139,000 E. What was the cost of the improvement? 01' $01 00 6 F. Estimated or actual date of completion of these improvements? 171/1 J;c, G. If this is not a singe-family dwelling gnit,which you own and reside in,will these improvements create a displacement of you tenants? Yes X No CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Black Hawk County Detailed Parcel Report Page 1 of 3 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-23-253-009 GRIER,JERRY B GRIER,JERRY B 19 LAFAYETTE ST PDF No. Map Area Contract Buyer WATERLOO, IA 50703-0000 13 PDF 13 E WTLO Property Address Current Recorded Transfer 19 LAFAYETTE ST Date Drawn Date Filed Recorded Document 'Type 23 LAFAYETTE ST 3/1/1989 15/30/1989 'Recorded 606438 D WATERLOO, IA 50703-0000 SALES BUILDING PERMIT Date Amount NUTC I Type Date Number Amount Reason 3/1/1989 30,000 NORMAL ARMS-LENGTH 12/9/2009 WA 09138 57,000 Int-Remodel TRANSACTION / Deed 9/18/2006 WA 1312 26,809 Roof ASSESSED VALUES/CREDITS Year Class 2010 C 100% Land Dwelling Building M/E Total Acres Value 9,880 0 80,090 0 89,970 0 Military Homestead Disabled Property Tax Agricultural Family Farm Credits Exemption Credit Veteran Credit Relief Credit Credit Credit Y Taxable Land Dwelling Building M/E Total Value 9,880 0 80,090 0 89,970 Year Class 2009 C 100% Land Dwelling Building M/E Total Acres Value 9,880 0 80,090 0 89,970 0 Military Homestead Disabled Property Tax Agricultural Family Farm Credits Exemption Credit Veteran Credit Relief Credit Credit Credit Y Taxable Land Dwelling Building M/E Total Value 9,880 0 80,090 0 89,970 Year Class 2008 C 100% Land Dwelling Building M/E Total Acres Value 9,880 0 80,090 0 89,970 0 Military Homestead Disabled Property Tax Agricultural Family Farm Credits Exemption Credit Veteran Credit Relief Credit Credit Credit Y Taxable Land Dwelling Building M/E Total Value 9,880 0 80,090 0 89,970 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Daxistrict 940001 -WATERLOO I I I I http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323253009 2/1/2011 Black Hawk County Detailed Parcel Report Page 2 of 3 Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 89,970 89,970 0 2.76081 $3,847.19 $3,714.00 Nocorp 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Credit Credit9 Credit' Farm Corp $132.73 Credit Credit Credit $0.00 $0.00 Nocorp $0.00 $0.00 $0.00 LEGAL AUDITOR BAYOU PLAT PART LOTS 14,15 & 16 DESC AS BEG AT INTERSECTION OF NWLY LINE UTICA ST WITH NELY LINE LAFAYETTE ST TH N 58 DEG 00 MIN W ALONG NELY LINE LAFAYETTE ST 247.65 FT TH N 31 DEG 40 MIN E 74.64 FT TH S 58 DEG 20 MIN E 237.80 FT TO NW LINE UTICA ST TH SWLY ALONG THE NWLY LINE UTICA ST ON A CURVE CONCAVE SELY CHORD DISTANCE 76.72 FT& CHORD BEARING S 24 DEG 19 MIN 30 SEC W TO PT OF BEG LAND Basis Front Rear Side 1IT Side 2 Lot rea cres Sq. Ft x 18117 0.416 Rate otais: 18117 0.416 COMMERCIAL BUILDINGS AND ADDITIONS Type Description ear Built rea Stories Warehouse IBLDG 1 11916 I5780 I1 Style Brick/ Blk- Frame Additional Base Square Feet 5,780 Information Basement Square Feet 0 GBA Square Feet 8724 Item Quantity Heat-warehouse - none 5780 Insulation - none/roll 5780 Adjustment Office- internal 816 Floor-dock level adjustment 5780 Canopy -attached 1870 Mezzanine -storage 816 Plumbing - no whse(sf) 5780 Extras Description Count Extended Description Door 'Item 1 IO.H. Door- Manual, 12 Ft Wide, 8 Ft High Description Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wall Solid Brick- 12 LF: 0 Interior Wall Unfinished LF: 0 Windows Incl. w/ Base LF: 0 Verticals & Fronts/Doors Incl. w/Base LF: 0 Horizontals Roof 4-Ply Compo/Wood Deck SF: 0 Ceiling Unfinished SF: 0 Struct. Floor Dock Level R'Con SF: 0 Partitions Incl. w/ Base SF: 0 Framing Steel - Light SF: 0 HVAC No HVAC SF: 0 Lighting Warehouse SF: 0 ITYpe jDescription (Year Built 'Area (Stories I http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323253009 2/1/2011 Black Hawk County Detailed Parcel Report Page 3 of 3 Office - General IADDN 1 11916 11472 12 Style Brick/ Blk- Frame Additional Base Square Feet 1,472 Information Basement Square Feet 1,472 GBA Square Feet 8724 Item Quantity Toilet Room 1 Plumbing Hot Water Tank-40-gal 1 3-Fixture Bathroom 1 Sink-Kitchen 1 Item Quantity Adjustment Canopy -attached 32 Description Size Ftr& Fdtn Reinforced Concrete LF: 0 Exterior Wall Solid Brick- 12 LF: 0 Interior Wall Panel - Softwood LF: 0 Windows Incl. w/ Base LF: 0 Fronts/Doors Incl. w/ Base LF: 0 Basement Excavation, Floor, Li SF: 0 Roof 3-Ply Compo/Wood Deck SF: 0 Verticals & Ceiling Suspended Blk-Fiber SF: 0 Horizontals Struct. Floor 8" R'Concrete SF: 0 Struct. Floor Concrete SF: 0 Floor Cover Carpet SF: 0 Floor Cover Vinyl Sheet SF: 0 Partitions Office SF: 0 Framing Wood - Light SF: 0 HVAC Combination FHA-AC SF: 0 Lighting Office SF: 0 YARD EXTRAS Description Year Built Quantity Plot No. Extended Description Paving 1970 1 6,700 SF, Asphalt Parking, Average Pricing http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323253009 2/1/2011 City of Waterloo Consolidated_Ubran_Revitalization Area 1 i • 1 1 0.5 0 1 i 1 1 Miles 18. 1 u �� ' • .._I _ II I - • 1t1 :� minim • T -c:,gal M ��1 i V4i 4� , '1"MAL�11il.-11! ts..N, - 4-Niell11:=0:i q=iiiia)‘11.1 1911 1.'"..11V 1111ifill"' .. 1,4r "VP 4111?-11. 111 : '.•- I i• I ..1:_ :_..__�_�. ,. Ail vvIII=_ -- -- --" \, 11eni •e "11tI a � �',� 1 •• / •° 101111r7 L_ III.. -...-'11C-- 0 1 rir I. __ . , 4 11%_1114114(1. , ,Art,'\ i 11111A111, 11158,11r is ,... • p--1 Li VII . ...... _..• I_. 2 .._l_ _.._ .._.._. RESOLUTION NO. 2011-71 RESOLUTION APPROVING APPLICATION WITH M.E.N. D. LLC FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $136, 532 . 00 FOR PROPERTY LOCATED AT 916 BISHOP AVENUE IN THE CONSOLIDATED URBAN REVITALIZATION AREA, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, M.E.N. D. LLC has submitted an application dated January 27, 2011 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $136, 532 . 00 for property located at 916 Bishop Avenue, more fully described as follows : Scotch Grove Addition Lot 4, all in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year 100% For the second year 100% For the third year 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2011. PASSED AND ADOPTED this 7th day of February, 2011. aCJA/15ti..1 Quentin Hart, Mayor Pro Tem ATTEST: Spares, CMC City Clerk • nCITY OF WATERLOO , IOWA �COMMUNITY PLANNING AND DEVELOPMENT715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262l' 'NOEL C.ANDERSON,Community Planning&Development Director `a' ,,,, ^��� �V Council Communication ' ) t�(,�l Mayor City Council Meeting: Feb r 4 C CLCK ARK Prepared: February 1,20 Dept. Head Signature: # of Attachments: 4 COUNCIL MEMBERS SUBJECT: Request of M.E.N.D. LLC for tax exemptions on improvements DAVID totaling$136,532 for property located at 916 Bishop Ave and located in the JONWard I Consolidated Urban Revitalization Area. Ward CAROLYN Submitted by: Shane Graham, Planner II COLE Ward 2 Recommended City Council Action:Approval HAROLD GETTY Summary Statement:Attached please find a formal application for tax exemptions Ward 3 on improvements made to the property at 916 Bishop Avenue. M.E.N.D. LLC has QUENTIN submitted the application for the following improvement(s):New single-family HART home. The sum costs of these improvements were reported to have been $136,532. Ward 4 RON Expenditure Required:None WELPER Ward 5 Source of Funds:None BOB GREENWOOD Policy Issue: None At-Large STEVE Alternative: None SCHMITT At-Large Background Information:These improvements qualify for exemptions from taxes on the actual value added to residential and commercial property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the three- year, 100% exemption schedule. cc: Noel Anderson,Community Planning&Development Director Path: K:\USERS\SHAN&G\CURA\Letters\CURA Council Communication 925 Midland St.doc CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 1. An Equal Opportunity/Affirmative Action Employer A I�� URBAN REVITALIZATION APPLICATION ..♦ma�y t'7, FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS �z�T^ya`D OF THE URBAN REVITALIZATION PLANS ADOPTED BY THE CITY COUNCIL OF THE °Ier/oo‘° CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. It commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 3. This application must be filed with your assessor according to the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2(as attached.) However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has bee granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitte. • .a e City il. NAME: MEN 1, L,L, C-. SIGNATURE: ADDRESS: orc ife,�v(4s4 , y TELEPHONE: 3/cia39e ,ciYi DATE: / 'OL7l) A. What is the Address of your property? 9/4 j�J fh I v e Git i h-0,--f,9 S"D 2D What is e Legal�esc iption your property? �O U C , CIA'� /r� °a ) Nip A O / S p pg'\.. (Table at County„se s ffice on floor of thehouse ? s` B. Indicate desired exemption schedule:(1 or 2) ("`" 1. One Hundred Percent(100%)exemption for three years on the actual value added by improvementtss, 2',,1 2. A partial exemption on the actual value added by improvements according to the following schedulet,i " ' ` ' a. First Year------80% d. Fourth Year------50% ° b. Second Year----70% ° g. SeventhYear----30/° e. Fifth Year------40/o hh. Eighth Year-------30% c. Third Year-------60% f. Sixth Year--------40% i. Ninth Year-- 20% .'s> y C. What was the nature of a improve erit(s)? j. Tenth Year-------20% 4'' rr, 3`. 1\/2 iU �(1/ ) Ago #e , D. City of Waterloo Building and Inspections Department Information: Permit Number: b a 1 10 Date permit was issued: '/ d Z"/ Total permit(s)valuation:,'// 1 UU E. What was the cost of the improvement? Pi f G. S 4- O-F. Estimated or actual date of completion of these improvements? 3—I—4/ G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of you tenants? Yes X No CITY OF WATERLOO / APPROVED DATED: Pi/r xjll RESOLUTION NO: 2-7) I I -Il DENIED I BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED Tami McFarland Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address MENDLLC MENDLLC 8912-29-176-020 824 DENVER ST PDF No. Map Area Contract Buyer WATERLOO, IA 50702-0000 7 EWTLO-05 Property Address Current Recorded Transfer 916 BISHOP AV Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50707-0000 5/17/2006 8/24/2006 2007 004631 D SALES BUILDING PERMIT Date AmountNUTC /Type None 5/5/200690,000 ANY SALE THAT HAS SINCE BEEN SPLIT OR COMBINED/Deed ASSESSED VALUES/CREDITS Year Class 2010 R 100% Land Dwelling Building M/E Total Acres Value 8,890 0 0 0 8,890 0 . Taxable Land Dwelling Building M/E Total Value 4,314 0 0 0 4,314 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 160 0 0 0 160 0 . Taxable Land Dwelling Building M/E Total Value 75 0 0 0 75 Year Class 2008 R 100% Land Dwelling Building M/E Total Acres Value 160 0 0 0 160 0 Taxable Land Dwelling Building M/E Total Value 73 0 0 0 73 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Tax 940001 -WATERLOO District Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 160 75 0 42.76081 $3.21 $4.00 Nocorp 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL (SCOTCH GROVE ADDITION LOT 4 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891229176020 2/1/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 • LAND li. Basis Front Rear ide 1 Side 2 Lot rea cres Front 108 108 180 180 19440 0.446 Foot otals: 19440 .446 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891229176020 2/1/2011 City of Waterloo ® Consolidated_Ubran_Revitalization_Area I I 1 0.5 0 1 i ���� Miles L in I 1 I 1- >, II ._ L.. �� , '.- ' � I Y• iiiill ��1,11 i. _ ._ I �•,. I le �- (' tillw '� 7nii ■■■I:m1 Iminit�*ima � PAU IJ r � �ssu._ .� ill JL'..�,. • � ...II `glllly� glIIA` ail/1�.:� ��� �.11��.,�`.......E,� Illillihimh..-:L ,ate_ .. ,.,,.........�_ .. -4! IMMIIIIMMII Err MigTv..;;,...446. .4.,... 4w1„...11- ;CA i I. — Igo\. ...1:: -- �"011 r \•• I ,a/"'"-- �•ligs �-iilfii�! L_ limEmist. . i _.., ( Ali ul g iMI -- ••.\, ie , " 11111111111� 1 L . ,MILMII . Li /I' ( • i / I - r CITY OF WATERLOO Council Communication City Council Meeting: February 7, 2011 Prepared: January 24, 2011 Dept. Head Signature: Dennis Clark # of Attachments: 1 SUBJECT: Request to certify assessment of work performed by the Waterloo Water Works at 2 locations (Consent agenda item) Submitted by: Dennis Clark. General Manager of Waterloo Water Works Recommended City Council Action: Adopt resolution approving communication from the General Manager of the Waterloo Water Works transmitting request to certify repair amounts for work performed by the Waterloo Water Works. Address Amount to certify 410 Lane Street $1,850.00 1914 Howard Avenue $2,400.00 Summary Statement: The Board of Trustees of the Waterloo Water Works adopted a resolution at their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. Expenditure Required: No City funds are required for this action. The Water Works pays for the repairs to the private service lines, and recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Policy Issue: Alternative: Background Information: WATERLOO WATER WORKS DENNIS D.CLARK,P.E. 325 SYCAMORE STREET • General Manager&SecretaryP.O.BOX 27 F7X:31 -232- TRUSTEES: CRAIG KUNTZ, Chair WATERLOO,IOWA 50704 FAX:319-23Z-1962 TERRY KUNTZ,Vice-chair RODGER BURRIS January 20, 2011 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, January 19, 2011. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of$1,850.00, which is supported by invoice from American Veterans Plumbing, LLC, showing the work necessary to terminate the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to kill and plug the water service line on Parcel #891324459022, previously addressed as 410 Lane Street, which is located on the North 36% feet of Lot One (1), of Balliett and Gilberts Subdivision of the City of Waterloo, Black Hawk County, Iowa and owned by Sharon M. Robinson. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line termination assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. a Pentad en recycled paper Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure WATERLOO WATER WORKS DENNIS D.CLARK,P.E. 325 SYCAMORE STREET • P.O.BOX 27 General Manager&Secretary WATERLOO.IOWA 50704 3'�9-232-6280 TRUSTEES: CRAIG KUNTZ, Chair FAX:319-232-1962 TERRY KUNTZ,Vice-chair RODGER BURRIS January 20, 2011 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, January 19, 2011. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of$2,400.00, which is supported by invoice from Al Gordon Plumbing and Heating, L.C., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 1914 Howard Avenue, which is located on Lot No. Two Hundred Fifty-two (252) in "Pleasant View Addition" to the City of Waterloo, Iowa, Black Hawk County and owned by Peter L. Myers and Kathleen A. Myers. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. P.rinied on recycled papa, Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure f RESOLUTION NO. 2011-72 RESOLUTION MAKING ASSESSMENT FOR WORK PERFORMED BY THE WATER WORKS . WHEREAS, the Board of Water Works Trustees of the City of Waterloo, Iowa, did, as provided by law, notify by written notice the property owner of the premises described below to have the repairs completed and further damage prevented, and WHEREAS, the property owner failed to comply with the order of the Board of Water Works Trustees, as by law provided, and WHEREAS, the Board of Water Works Trustees proceeded to have the work done on the premises described below, in the City of Waterloo, Iowa, to comply with Ordinance No. 1118 of the City of Waterloo, Iowa, and WHEREAS, the Board of Water Works Trustees filed with the City Clerk on the 20th day of January, 2011, a report filing claim for the repairs and preventing further damage at the below described premises and same met all the requirements of the City ordinance and have been fully completed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the said report of the Board of Water Works Trustees be, and the same is hereby, approved; that the work was done under and by virtue hereby, accepted, and that the cost of said work is hereby determined to be as follows, which amount can be assessed over a ten-year period against the property: Sharon M. Robinson, Owner 410 Lane Street, Waterloo, Iowa Legal Description: The North 36' feet of Lot One (1) , of Balliett and Gilberts Subdivision, in the City of Waterloo, Black Hawk County, Iowa. Unpaid Assessment: $1, 850 . 00 Peter L. Myers and Kathleen A. Myers, Owners 1914 Howard Avenue, Waterloo, Iowa Legal Description: Lot No. Two Hundred Fifty-two (252) in "Pleasant View Addition", in the City of Waterloo, Black Hawk County, Iowa. Unpaid Assessment: $2, 400 . 00 BE IT FURTHER RESOLVED that there be, and are hereby assessed and levied a special tax and assessment against the property improved in the City of Waterloo, Iowa, said assessment shall bear interest from the date of levy of the assessment, viz : February 7, 2011, at the rate of nine (9) percent per annum until paid on all the unpaid amount of this assessment certified to the County Treasurer of Black Hawk County, Iowa, and BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to notify the above described property owners of said property, accordingly and also instructed to certify said assessment to the County Treasurer of Black Hawk County, Iowa, to be entered upon the tax list to be collected as other taxes, as provided by law, and when collected to be credited to the Water Works Fund of said City, and assessment to be made over a ten- year period. s Resolution No. 2011-72 Page 2 PASSED AND ADOPTED this 7th day of February, 2011 . rnest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk FINANCE DEPT. STAFF ONLY LINE ITEM USED )fo 31 it,zoo ���� TRAVEL REQUEST FY - ; BUDGETED > /e/D.Gv CITY OF WATERLOO EXPENDED YTD /7 J� V THIS REQUEST o'44Lo LEFT AFTER THIS REQUEST Mr DATE 7/760 / "/$)v/1 Original-Clerk/Finance Copy- Deportment NAME(S) AND POSITION(S): DATE: Bob Etringer, Sports Programmer 1/14/11 NAME OF CLASS / MEETING: DESTINATION: Cedar Falls, Iowa Certified Pool Operator School DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 1/24/11 & 1/25/11 1/24/11 & 1/25/11 1/24/11 & 1/25/11 PURPOSE OF TRAVEL/TRAINING: To receive Certified Pool Operator certification required by Iowa Code. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-37-4200-1346 LODGING TAXI x GRANT REIMBURSABLE MEALS PARKING YES NO 240.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 240.00 TOTAL: $ 240.00 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 - . d,.., TMEN E AYOR DATE / DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED ''i l.° /7 7/2 O /3 TRAVEL REQUEST FY _BUDGETED 'V06:00 CITY OF WATERLOO EXPENDED YTD 34. 4/ THIS REQUEST 640.00 LEFT AFTER THIS 73�Fo y REQUEST DATE /3/ -0// Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Craig Hintzman, Signal Tech ll January 26, 2011 Tina Schellhorn, Mtnc. Electrician Roger Wooden, Mtnc. Electrician NAME OF CLASS/ MEETING: DESTINATION: ` 6:sr- , Brown Traffic Products Training: 2011 Cabinet and EPAC Training DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Thursday, February 10, 2011 Friday, February 11, 2011 Thursday&Friday PURPOSE OF TRAVEL: To attend the 2-day Training Seminar WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 266 17 7120 1345 300.00 LODGING TAXI X GRANT REIMBURSABLE 240.00 MEALS PARKING YES NO N/A REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 540.00 TOTAL: $ 180.00 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 r -// /- Oke e6 DEPARTMENT HEAD MAY R JANUARY 26,2011 4r1 ianDATE DATE II UU�� K:\Shared Goodies\Forms\Travel Request Form January 2010 CITY OF WATERLOO Council Communication City Council Meeting: February 7, 2011 Prepared: January 27, 2011 Dept. Head Signature: S.G. # of Attachments: SUBJECT: Appointment of Kelby Haynes to the position of Maintenance Electrician effective Monday February 14, 2011 Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve Appointment Summary Statement The Human Resource Committee granted approval for this position to be filled on September 13th. Civil Service Commission approved the Maintenance Electrician list on December 17th Expenditure Required $47,590.40 (Fiscal Year 2011) Source of Funds Road Use Tax Policy Issue Alternative Background Information: This position is vacant due to a resignation within the department. CITY OF WATERLOO Committee Communication: Committee Meeting: February 7, 2011 Prepared: 2/2/11 Dept. Head Signature: Mayor Buck Clark # of Attachments: SUBJECT: Permission to promote Craig Clark to the position of Building Official — Maintenance Administrator, effective February 7, 2011 Submitted by: Buck Clark, Mayor Recommended City Council Action: Approval of regular appointment of Craig Clark as Building Official — Maintenance Administrator effective February 7, 2011 Summary Statement: Craig Clark has been acting director of the Building Department since November 29, 2010. He has demonstrated proven ability in key areas of responsibility including plan review, permit writing, inspections, and maintenance of city facilities. Expenditure Required: no Source of Funds: General Fund, Salary, FY 11 Policy Issue Alternative Background Information: Approved/Denied Online • ► NEW RENEWAL / p / I EXPIRATION B I -' I CLAss a l�vnc Y ( ►'oN15�f �fi f fI INSPECTION REPORT APPLICATION FOR BEER AND/OR LIQUOR PERMIT • BUSINESS: 1-t. (xtN ADDRESS: ' 3 Cj 1-0 1-Gt r 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: XTHIS 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) R � APPROVED BY:Ci'J 4 �7:U4-0 1721t J DATE: I B 2 q Al FIRE MARSHALL COMMENTS: APPLICANT IS IN COMPLIANCE WITH THE CURRENT FIRE CODE NOT IN COMPLIANCE WITH FIRE CODE APPROVED BY: .61:14/ 1 DATE: /-16 // POLICE CHIEF OR DESIGNEE WE HAVE RESEARCHED THE APPLICABLE RECORDS OF THE OVE MENTIONED ESTABLISHMENT AND REPORT THE FOLLOWING: DENIED BY: APPROVED BY:` DATE: I o__ I STATUS COUNCIL ACTION: DATE: ABD Licensing- Transfer Premise Page 1 of l Transfer Premise LE0001250, E 4th Liquor Store, 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. Licenses may be transferred from one location to another,but only within the boundaries of the current approving Local Official.The Transfer Application and all supporting documentation shall be approved try the Local Official and forwarded to the Iowa Alcoholic Beverages Division before the event takes place.All selling and serving of alcoholic beverages must cease at the original licensed location during the period of the transfer.NOTE:If requesting a permanent transfer,an amended license will be forwarded to the Local Official.If requesting a temporary transfer,a letter of permission will be forwarded to the Local Official. Name of Applicant: Ara of Iowa,Inc. Name of Business(D/B/A): E 4th Liquor Store Address of Premise: 1027 E 4th Address Une 2: City: Waterloo County: Black Hawk Zip: 50703 New Premise Address: D/B/A Logan Avenue Convenience Store -- New Premise Address Line 2: 735 Logan Ave City: '.,q State: `„' Zip: 50703 ............................ Temporary Transfer(24 hours through 7 days) Beginning Date: ' Ending Date: (v Permanent Transfer Beginning Date: 02/01/2011 f,Prey https://eicensing.iowaabd.com/TransferPremise.aspx 1/13/2011 ABD Licensing -New Premise Location Information Page 1 of 1 • New Premise Location Information LE0001250, E 4th Liquor Store, 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. 2 #of Bathrooms: 1 Number of floors where alcoholic beverages will be sold,served,consumed and stored. Indicate how you have control of premises(Permanent Transfers Only): Own ) Lease Submit to the Local Authority a signed copy of the lease/rental agreement for the license period or signed final sales contract or warranty deed. Submit to the Local Authority a sketch on 81/2 x 11"white paper of the proposed premises showing all areas and floors where alcoholic beverages will be sold,served,consumed and stored.Indicate all entrances and exits,location of bar,back bar and bathrooms.If Applicant has Outdoor Service Area Privilege,please include in the sketch its relationship to the licensed premises. Outdoor Service Area Dates(if From: MM/DD/YYYY To: '., MM/DDNYYY applicable): Dates shall correspond with requested outdoor service areas. On-Premise Applicant's Only: Select Is the premise furnished with tables and seats to accomodate a minimum of 25 persons at one time? https://eicensing.iowaabd.com/NewPremiseLocationlnformation.aspx 1/14/2011 ABD Licensing-Applicant Signature Page 1 of 1 Applicant Signature LE0001250, E 4th Liquor Store, 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: Nehnde Khan Date: 01/12/2011 MM/DD/YYYY Tentative effective date: 02/01/2011 MM/DD/YYYY • https://eicensing.iowaabd.com/ApplicantSignature.aspx 1/13/2011 ABD Licensing-Bond Company Certification Page 1 of 1 Bond Company Liability Certificate of Insurance LE0001250, E 4th Liquor Store, Waterloo Complete the information below and click SUBMIT to endorse this Transfer application. BOND INFORMATION This is to certify: Western Surety Company Bond Number: Assured: Ara of Iowa,Inc. DBA: E 4th Liquor Store Address: D/B/A Logan Avenue Convenience Store Address Line 2: 735 Logan Ave City: b"dstenoo State: Iowa Zip: 50703 Effective Date: C2/01/201 i MMIDDTYYYY Expiration Date: MM/DD/YYYY Effective continuously without cumulative liability until canceled. Signature: _.._ Date: MM/DD/YYYY https://elicensing.iowaabd.com/BondCompanyCert.aspx 1/13/2011 LEASE - BUSINESS PROPERTY THIS LEASE AGREEMENT executed in duplicate, made and entered into this 1st day of February 2011, by and between David Lederman, Landlord whose address for the purpose of this lease is 712 Sycamore Street, Waterloo, IA 50703 and ARA Corp whose address for the purpose of this lease is 3004 Angelo Drive, Waterloo, IA 50703. WITNESSETH THAT: 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: 735 Logan, Waterloo, IA with the improvements thereon all rights, easements and appurtenances thereto belonging, which, more particularly, includes the space and premises as may be shown on Exhibit "A" if and as may be attached hereto, for a term of 5 years, commencing at midnight of the day previous to the first day of the lease term, which shall be on the 1st day of Feb 2011, and ending at midnight on the last day of the lease term, which shall be on the 30th day of Jan 2016, upon the condition that the Tenant pays rent therefor, and otherwise performs as in this lease provided. 2. RENTAL. Tenant agrees to pay Landlord as rent $1500.00 per month, in advance commencing on the 1st day of Feb 2011 and on the 1st day of each month thereafter, during the term of this lease. Rent for any partial month shall be prorated as additional rent. Security Deposit. a. The security deposit of$2500.00 will continue to be held during the term of this lease. In the event of renewal or extension of this Lease, any increase in security deposit may be required. b. Lai rdlord shalt return the full depa-sit OR return the—remainder of the security deposit (if any) and a written itemized list of damages and/or deductions within thirty (30) of the termination of tenancy and receipt of Tenant's mailing address or delivery instructions. If Landlord fails to provide said written, itemized list within thirty (30) days of the termination of tenancy and receipt of Tenant's mailing address or delivery instructions, Landlord shall forfeit all rights to withhold any portion of the security deposit. If no mailing address or instructions for 1 delivery are provided to the Landlord within one year from the termination of tenancy, the rental deposit shall revert to the Landlord and Tenant will be deemed to have forfeited all rights to the deposit. c. The security deposit shall not be applied by tenant as advance payment of rent for the last month, or any other month for the lease term. All sums shall be paid at the address of the Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, previously designate in writing. Payments are delinquent on the 5th of each month. Delinquent payments will be assessed a $25.00 per month fee. 3. POSSESSION. Tenant shall be entitled to possession upon signing this lease, and shall yield possession to the Landlord at the time and date of the close of this lease term, except as herein otherwise expressly provided. Should Landlord be unable to give possession on said date, Tenant's only damages shall be a rebating of the pro rata rental. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this lease to use and to occupy the leased premises only for law offices. For restrictions on such use, see paragraphs 6(c), 6(d), and 11(b) below. 5. QUIET ENJOYMENT. Landlord, shall have the right to mortgage all of its right, title, interest in said premises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes said premises in their present condition except for such repairs and alterations as may be expressly herein provided. (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will keep the roof, walls, and other structural parts of the building in good repair. (c) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after taking possession of said premises and until the termination of this lease and the actual removal from the premises, at its' own expense, care for and maintain said premises in a reasonably safe and serviceable condition, except for -structural parts of the building. Tenant irresponsible-for any-repair-needed under $250.00. Tenant will furnish its' own interior and exterior decorating. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or negligence of the Tenant, its agents or employees. Without limiting the generality of the foregoing, Tenant will make necessary repairs to the plumbing, the water pipes, and electrical wiring, except as follows: Any repair over$250.00. 2 Tenant is required to contact property manager before any repairs are done. Tenant agrees to keep faucets closed so as to prevent waste of water and flooding of premises; to promptly take care of any leakage or stoppage in any of the water, gas or waste pipes. Tenant agrees to maintain adequate heat to prevent freezing of pipes, if and only if the other terms of this lease fix responsibility for heating upon the Tenant. Tenant at its own expense may install floor covering and will maintain such floor covering in good condition. Tenant will be responsible for maintaining the parking area, driveways and sidewalks on and abutting the leased premises (if applicable), if the leased premises include the ground floor and if the other terms of this lease include premises so described. Tenant shall make no structural alterations or improvements without the written approval of the Landlord first had and obtained, of the plans and specification therefor. (d) Tenant will make no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, City Ordinances or applicable municipality, the laws of the State of Iowa and the Federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public. If Tenant, by the terms of this lease is leasing premises on the ground floor, it will not allow trash of any kind to accumulate on said premises in the halls, if any, or the alley or yard in front, side or rear thereof, and it will remove same from the premises at its own expense. Tenant also agrees to remove snow and ice and other obstacles from the sidewalk on or abutting the premises, if premises include the ground floor, and if this lease may be fairly construed to impose such liability on the Tenant. 7. (a) UTILITIES AND SERVICES. Tenant shall be responsible for payment of utilities, to include heat, air conditioning, water, sewer, garbage, phone and Internet services. (b) JANITOR SERVICE shall be furnished at the expense of Tenant; (c) SNOW REMOVAL/LAWN MOWING shall be furnished at the expense of the Tenant; and (d) WINDOW WASHING shall be the responsibility of the Tenant. __EL -(s) SURRENDER OF PREMISES AT-E-ND-OF-T-ERM--REMOVAL OF FIXTURES. Tenant agrees that upon termination of this lease, it will surrender, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. (See also 11(a) and 11(e) below.] 3 (b) Tenant may, at the expiration of the term of this lease, or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the leased premises, providing said Tenant repairs any and all damages caused by removal. Tenant agrees all fixtures and everything attached belongs to Landlord. (c) HOLDING OVER. Continued possession, beyond the expiratory date of the term of this lease, by the Tenant, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this lease, or for a new lease) shall constitute a month to month extension of this lease. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the premises or any part thereof, without the Landlord's written permission shall, at the option of the Landlord, make the rental for the balance of the lease term due and payable at once. Such written permission shall not be unreasonably withheld. 10. (a) ALL REAL ESTATE TAXES, except as may be otherwise expressly provided in this paragraph 10, levied or assessed by lawful authority (but reasonably preserving Landlord's rights of appeal) against said real property shall be timely paid by the parties in the following proportions: by Landlord, 100%, by Tenant 0%. (b) Increase in such taxes, except as in the next paragraph provided, above the amount paid during the base year of fiscal 2007 (base year if and as may be defined in this paragraph) shall be paid by Landlord, 100%; and by Tenant 0%. (c) Increase in such taxes caused by improvements of Tenant shall be paid by Landlord 100%; by Tenant 0%. (d) PERSONAL PROPERTY TAXES. Tenant agrees to timely pay all taxes, assessments or public charges levied or assessed by lawful authority (but reasonably preserving Tenant's rights of appeal) against its personal property on the premises, during the term of this lease. (e) SPECIAL ASSESSMENTS. Special assessments shall be timely paid by the_parties in the following pr ortions: by Lan _l rd1Q0J by T_enant-0%o. 11. INSURANCE. (a) Landlord and Tenant will each keep its respective property interests in the premises and its liability in regard thereto, and the personal property on the premises, reasonably insured against hazards and casualties; that is, fire and those items usually covered by extended coverage; and Tenant will procure and deliver to the Landlord a certification from the respective insurance companies to that effect. Such insurance shall be made 4 payable to the parties hereto as their interests may appear, except that the Tenant's share of such insurance proceeds are hereby assigned and made payable to the Landlord to secure rent or other obligations then due and owing Landlord by Tenant. [See also 11(e) below.] (b) Tenant 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 Tenant upon which the Landlord by law or by the terms of this lease, has or shall have a lien. (c) Subrogation rights are not to be waived unless a special provision is attached to this lease. (d) Tenant further agrees to comply with recommendations of Iowa Insurance Service Bureau and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed. (e) INSURANCE PROCEEDS. Landlord shall settle and adjust any claim against any insurance company under its said policies of insurance for the premises, and said insurance monies shall be paid to and held by the Landlord to be used in payment for cost of repairs or restoration of damaged building, if the destruction is only partial [see also 11(a) above]. 12. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, arising out of roof and structural parts of the building, Tenant will protect, indemnify and save harmless the Landlord from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. The Tenant further covenants and agrees that it will at its own expense procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amount not less than $100,000 for any on person injured, and $300,000 for any one accident, and with the limits of$300,000 for property damage, protecting the Landlord against such claim, damages, costs or expenses on account of injury to any person or persons, or to any property Izeloagiaglo any_persorLoLpersons,by reason-of_ such casualty, accident or other happening on or about the demised premises during the term thereof. Certificates or copies of said policies, naming the Landlord and providing for fifteen (15) days notice to the Landlord before cancellation shall be delivered to the Landlord within twenty (20) days from the date of the beginning of the term of this lease. As to insurance of the Landlord 5 for roof and structural faults, see paragraph 11(a) above. A copy of tenant's policy must be provided to Landlord within thirty (30) days of signing lease. 13. FIRE AND CASUALTY, PARTIAL DESTRUCTION OR PREMISES. (a) In the event of a partial destruction or damage of the leased premises, which is a business interference, that is, which prevents the conducting of a normal business operation and which damage is reasonably repairable within sixty (60) days after its occurrence, this lease shall not terminate but the rent for the leased premises shall abate during the time of such business interference. In the event of partial destruction, Landlord shall repair such damages within sixty (60) days of its occurrence unless prevented from so doing by acts of God, the elements, the public enemy, strikes, riots, insurrection, government regulations, city ordinances, labor, material or transportation shortages, or other causes beyond Landlord's reasonable control. (b) ZONING. Should the zoning ordinance of the city or municipality in which this property is located make it impossible for Landlord, using diligent and timely effort to obtain necessary permits and to repair and/or rebuild so that Tenant is not able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as in the next paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises including the parking area (if a parking area is a part of the subject matter of this lease) so that Tenant is not able to conduct its business on the premises or the then current legal use for which the premises are being used and which damages cannot be repaired within ninety (90) days this lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within ten (10) days after such notice issues, and each party shall be released from all future obligations hereunder, Tenant paying rental pro rata only to the date of such destruction. In the event of such termination of this lease, Landlord at its option, may rebuild or not, according to its own wishes and needs. 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of the demised premises be condemned or taken by a competent authority for any public or quasi-public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is make on accountofthe condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be so condemned or taken, the Landlord shall not be liable to the Tenant except as its rights are preserved as in paragraph 14(a) above. 6 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This lease shall terminate upon expiration of the demised term; or if this lease expressly and in writing provides for any option or options, and if any such option is exercised by the Tenant, then this lease will terminate at the expiration of the option term or terms. Upon default in payment of rental herein or upon any other default by Tenant in accordance with the terms and provisions of this lease, this lease may at the option of the Landlord be cancelled and forfeited, PROVIDED, HOWEVER, before any such cancellation and forfeiture except as provided in 15(b) below, Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this lease will be cancelled and forfeited ten (10) days after the giving of such notice unless such default, or defaults, are remedied within such grace period (see paragraph 22 below). As an additional optional procedure or as an alternative to the foregoing (and neither exclusive of the other) Landlord may proceed as in paragraph 21 below provided. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenant's leasehold interest by reason by any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or set aside within ten (10) days from the giving of notice thereof by Landlord to Tenant, then and in any such events, Landlord may, at its option, immediately terminate this lease, re-enter said premises, upon giving of ten (10) days written notice by Landlord to Tenant, all to the extent permitted by applicable law. (c) In (a) and (b) above, waiver as to any default shall not constitute a waiver of any subsequent default or defaults. (d) Acceptance of keys, advertising and re-renting by the Landlord upon the Tenant's default shall be construed only as an effort to mitigate damages by the Landlord, and not as an agreement to terminate this lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the performance of, or compliance with, any of the terms, covenants or conditions of this lease, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term, covenant or condition, or make good such default-and-any amount a vd anced shall be repaid forthwith on demand, together with interest at the rate of 9% per annum, from date of advance. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting or exhibiting signs on the leased premises, provided only (1) that any and all signs shall comply with the ordinances of the city of municipality in which the property is located and the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; and (4) such signs shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last sixty (60) days of this lease, or extension, shall have the right to maintain in the windows or on the building on the premises either or both a "For Rent" or"For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien of any kind or character whatsoever, upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, sub-contractor, 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 Landlord, the Tenant covenants and agrees to give actual notice thereof in advance, to any and all contractors and sub-contractors who may furnish or agree to furnish any such material, service or labor. 19. LANDLORD'S LIEN AND SECURITY INTEREST. (a) Said Landlord shall have in addition to the lien given by law, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions therefor, kept and used on said premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent, or for termination of this lease because of Tenant's default in its performance. (b) SPOUSE. If spouse is not a Tenant, then the execution of this instrument by the spouse shall be for the sole purpose of creating a security interest on personal property and waiving rights of homestead, rights of distributive share, and exemptions. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC. (a) The Tenant shall have the right, from time to time, during the term of this lease, or renewal thereof, to sell or otherwise dispose of any personal property of the Tenant situated on the said demised premises, when in the judgement of the Tenant it shall have become obsolete, outworn or unnecessary in connection with the operation of the business on said premises; providedT however, that the Tenant shall, in such instance (unless no substituted article or item is necessary) at its own expense, substitute for such items of personal property so sold or otherwise disposed of, a new or other item in substitution thereof, in like or greater value and adopted to the affixed operation of the business upon the demised premises. s (b) Nothing herein contained shall be construed as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of the Tenant's trade or business. 21. RIGHTS CUMULATIVE. The various rights, powers, options, elections and remedies of either party, provided in this lease, 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 may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged. 22. NOTICES AND DEMANDS. Notices as provided for in this lease shall be given to the respective parties at the respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this lease when sent, addressed as above designated, postage prepaid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of this lease to be kept or performed by Landlord or Tenant shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parties. 25. RELEASE OF DOWER. Spouse of Landlord, appears as a party signatory to this lease solely for the purpose of releasing dower, or distributive share, unless said spouse is also a co-owner of an interest in the leased premises. 26. CONSTRUCTION. Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and a mascu i -feminine or newer gender according to he context. 27. REMODELING. Tenant shall have the right and privilege to remodel the leased premises provided only (1) that any and all such remodeling shall comply with the ordinances of the city or municipality in which the property is located and the laws of the State of Iowa and the United States of America; (2) such remodeling shall not change the structure of the building; and (3) such 9 remodeling shall be subject to the written approval of the Landlord, which approval shall not be unreasonably with held. 28. Additional Provisions: �,` \. IN WITNESS WHEREOF, the parties hereto have duly executed this lease r,,\ uplicated the day and year first above written. i_ ii D'a d`d Lederman dlord III, �%1 �. Tenant -ARA Corp io Black Hawk County Building Sketches Page 1 of 1 There is 1 building sketch of parcel 891323234008. 20 BLDG 1 60 [1200] WALL I,L1 -�J b 1:W,) L L http://www2.co.black-hawk.ia.us/website/bhmap/bhParImag es.asp?apn=891323234008&a... 1/14/2011 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dterio o NOEL ANDERSON,Community Planning&Development Director January 19, 2011 Suzy Schares, City Clerk Mayor BUCK RE: Transfer of Alcohol License to 735 Logan Avenue—Legal Non-conforming Status CLARK This letter is to provide additional details regarding the approved Zoning Approval of COUNCIL an Alcohol Sales Use form for Logan Avenue Convenience Store,which is looking to MEMBERS transfer an alcohol license(s)to 735 Logan Avenue. Please include this letter in the packet of material when this request is placed on the Council agenda. DAVID The site in question at 735 Logan Avenue is zoned "M-1" Light Industrial District and JONES the site was recently operated as a bar(non-limited alcohol sales), which was the 01' Ward l Skool Bar. The building in question is approximately 90' from the property line at 115 CAROLYN Center Street, which is owned by Peter's Rock Temple Church, a protected use. COLE Therefore the bar was a legal non-conforming use(less than 100' to a protected use). Ward 2 The bar recently closed,but has been closed for less than one year, so the legal non- HAROLD conforming use status of the property is still valid. The proposed use of the site would GETTY be a change of use from a bar(non-limited alcohol sales)to a convenience store(limited Wards alcohol sales), which said convenience store would also be non-conforming for not meeting the required 100' setback from a protected use. However, the change in non- QUENTIN M. conforming use to another non-conforming use when the proposed use is permitted in a HART more restrictive zoning district than the previous use, is allowed by General Rule Warm adopted by the City of Waterloo Board of Adjustment on July 24, 2007, as provided by RON the Ordinance. The proposed use (limited alcohol sales convenience store)is permitted WELPER in the "C-1" Commercial District, which is a more restrictive district than the "C-2" Wards Commercial District where the previous use(non-limited alcohol sales bar)is permitted. BOB The current provisions of the Zoning Ordinance do not distinguish and regulate GREENWOOD differently between an on-premise consumption business versus an off-premise At-Large-Large consumption business, and don't distinguish and regulate differently between a business STEVE that just sells beer versus a business that also sells hard liquor. The Ordinance currently SCHMITT only distinguishes and regulates differently between a limited alcohol sales use and a At-Large non-limited alcohol sales, with limited alcohol sales being restricted to having more than 50% of their gross income being derived from and more than 75% of their floor space being devoted to the sale of merchandise other than liquor, wine,beer or other alcoholic beverages(excludes sale of petroleum products). Therefore a convenience store is not prohibited from selling hard liquor, as long as they meet the percentage requirements. The applicant has agreed to be a limited alcohol sales use, and their affidavit and status agreement as such is attached. If you have any questions or need any additional information please let me know. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! 1111 An Equal Opportunity/Affirmative Action Employer ZONING APPROVAL OF AN ALCOHOL SALES USE CITY OF WATERLOO COMMUNITY PLANNING AND DEVELOPMENT 715 MULBERRY STREET,WATERLOO,IOWA 50703 (319)291-4366 1.APPLICANT INFORMATION: a. Business Name: Logan Avenue Convenience Store Site Address: 735 Logan Avermg, Phone: 504-6696 Fax: Waterloo b. Applicant's Name(please print):Ara of Iowa, Inc Address: 004 An'elos Drive Phone:231 5427 Fax: City: + Water]oo State: TA.4 Zip: 50703 c. M ' 1 —li Signature of Applicant - Date 2.BUSINESS INFORMATION(information not required for sites within the"C-3"Commercial District): The City of Waterloo Zoning Ordinance No.2479,as amended,restricts the placement of"Alcohol Sales" uses,including zoning districts in which an alcohol sales use is permitted,if Special Permit approval is required,minimum setback requirements from"Protected Uses"as defined by the Ordinance,and other restrictions on the location and types of alcohol sales permitted. Alcohol sales uses are divided between those that are not limited,and those that are limited. A non-limited alcohol sales would not restrict the amount of alcohol that can be sold,either by percent of gross income or percent of floor space. This would include uses such as a bar or liquor store. A"Limited Alcohol Use"is any business that derives income from alcohol sales with more than fifty(50)percent of the gross income being derived from and more than seventy-five(75) percent of the floor space being devoted to the sale of merchandise other than liquor,wine,beer or other alcoholic beverage and without regard to the sale of any petroleum products. This would include such uses as a restaurant,gas station/convience store,grocery store or pharmacy. For a restaurant,more than fifty(50) percent of the gross income must be derived from the sale of prepared food. a. The Business will be(CHECK ONE): _A non-limited Alcohol Sales Use(bar,liquor store,etc). - X A Limited Alcohol Use(restaurant,gas station/convenience store,grocery store,pharmacy,etc). (For Limited Alcohol Uses,applicant must sign an"Affidavit and Status Agreement") b. For sites that have previously held a license by the City of Waterloo to sell alcoholic beverages: i. What was the name of the last business that held a license: Ole School Bar ii. What was the date that the business closed: December 2010 7 iii. Was the business a non-limited Alcohol Sales X or a Limited Alcohol Use (CHECK ONE) DO NOT WRITE BELOW THIS LINE—OFFICE USE ONLY 3.ZONING INFORMATION: a. Current Zoning: eM_ l 11 b. Distance to Protected Use: '~'10 LA c. Located along a Principal Arterial or Interstate(Yes or No): ,.0 O d. All restrictions for an Alcohol Sales Use meet (Yes or No ) /0 O ; If no, explain (legal,non- conformin¢ variance approy�d etc.) n n d � er—f,!#,lc( alAc,�. \cs) aong;KS av A\eyal ,n,. -r �3 u>¢ as wildievi P skr✓� 14 il�itf#—ct\ v �kt5� a u\bweR� (�xz•'I:kv� 1�k.c.-�wa.+ bae✓ai 44-z.a ' e. Special Permit Required(Yes or No): ,(_ o ;If yes,date approved: f. Fencing Required(Yes or No,if yes where): /ln Please Note: Signature of the Zoning Official below indicates that the proposed Alcohol Sales Use is in compliance with Zoning Ordinance requirements for an Alcohol Sales Use as of the date indicated below, and based on the information provided on this form. Any change to the information provided shall nullify this approval. 1 ji47r • Signature of Zoning Official Date AFFIDAVIT AND STATUS AGREEMENT I/We, Mehnde Khan. , under penalty of perjury pursuant to the laws of the State of Iowa, certify to the truthfulness and accuracy of the representations below, and further, intending to be bound and to bind my/ew heirs, personal representatives, successors, assigns and future owners of the property and/or business, do hereby make the promises set forth below: 1. Reference is made to City of Waterloo Zoning Ordinance No. 2479, adopted February 3, 1969, and to Ordinance No. 4976, adopted November 23, 2009, which amended the zoning ordinance to-preate additional restrictions for businesses with alcohol-related sales. 2. I/We own or lease real property at 735 Loggn Ave. ,Waterloo, Iowa , and execute this instrument in connection with fhe establishment or confirmation of a"limited alcohol use"(as defined in Ordinance No.4976) at that property. 3. I/We own and operate or are proposing to own and operate a limited alcohol use at said property, said use being a gas station, convenience store, grocery store, pharmacy, or similar use that use will comply with the requirement that more than fifty (50) percent of its gross income shall be derived from, and more than seventy- five (75) percent of its floor space shall be devoted to,the sale of merchandise other than liquor, wine, beer or other alcoholic beverage and without regard to the sale of any petroleum products. I/We agree to provide adequate documentation of the business's gross revenues upon the request of the City of Waterloo as provided in Ordinance No. 4976. 4. I/We understand and agree that said limited alcohol use shall continue to meet the gross income and percent floor space restrictions of the zoning ordinance, as amended, and that failure to comply with the terms of this Affidavit and Status Agreement shall be deemed a violation of the City of Waterloo Zoning Ordinance and will be subject to the penalties and enforcement provisions thereof, and said failure shall constitute grounds for the revocation of any license or permit for the sale or dispensing of alcoholic beverages. (/'I°/d" 1 —11 — l ' Owner/Lease Holder Signature Date Owner/Lease Holder Signature Date CITY ACKNOWLEDGMENT The Planning and Zoning Department of the City of Waterloo, Iowa, in reliance on the representations set forth above, hereby acknowledges as of the date hereof that the site in question meets all requirements of the Zoning Ordinance, including the alcohol sales provisions amendment adopted by Ordinance No. 4976, for the establishment of a limited alcohol sales use as defined by the Zoning Ordinance, or is a "legal non- conforming" use for purposes of the alcohol sales provisions of the Zoning Ordinance. By: dA./,c 1iYLyt r Title: C`.ir pia f{42✓ Date: Vi4P( SUZY SCHARES From: ghart@mchsi.com Sent: Monday, February 07, 2011 12:46 PM To: SUZY SCHARES Subject: Fwd: Liquor Store Suzy, Can you place on file. Quentin Forwarded Message From: "Martha Frazier" <mfrazier@emacenter.org> To: ghart@mchsi.com Sent: Monday, February 7, 2011 12:04:08 PM GMT -06:00 US/Canada Central Subject: Liquor Store Hi Quentin, I was so happy to see that this store had closed on East 4 th . Please make sure that it does not move into another one of our neighborhoods. We have enough problems on the East side without adding to them. Thanks. Martha Martha Frazier Director Eastside Ministerial Alliance 205 Adams Street, Suite 1 Waterloo, IA 50703 Office-319-235-5580 Fax-319-235-5562 mfrazier@emacenter.org www.emacenter.org "When you touch one life, you have the potential to impact hundreds so be mindful of your touch" 1 CITY OF WATERLOO , IOWA tfy"/ CITY HALL • 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4301 Fax(319)291-4286 d 'Moo �o Mayor February 7, 2011 BUCK CLARK Mayor Clark COUNCIL City Council MEMBERS Re: E. 4th Street Liquor Store relocation DAVID JONES Ward 1 Dear Mayor Clark and City Council Members: CAROLYN COLE I am writing to you to express my concern and strong objection to the premise transfer of E. Ward 2 4th Street Liquor to the Logan Avenue. HAROLD GETPY The City of Waterloo and the neighborhood on Logan Avenue have worked hard to make Ward 3 that area a desirable location for businesses and I feel that adding a liquor store will deter QUENTIN M. future businesses from locating in the area. HART Ward 4 RON Sincerely, WELPER Ward 5 BOB GREENWOOD At-Large Harold Getty STEVE Councilperson Ward 3 SCHMITT At-Large CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 1 of 1 SUZY SCHARES From: ghart@mchsi.com Sent: Monday, February 07, 2011 5:13 PM To: SUZY SCHARES Subject: Fwd: Liquor Store Relocating to Logan Neighborhood Sent from my HTC on the Now Network from Sprint! Forwarded message From: arome50@aol.com Date: Mon, Feb 7, 2011 4:54 pm Subject: Liquor Store Relocating to Logan Neighborhood To: <ghart@mchsi.com> Hi, Quentin We don'tneed another Liquor store in our area Jerome Amos Original Message From: Belinda Creighton-Smith, MDiv <bsmithcreighton@aol.com> To: undisclosed-recipients:; Sent: Mon, Feb 7, 2011 3:07 pm Subject: Liquor Store Relocating to Logan Neighborhood Please send information regarding liquor stores density in low income communities and the adverse effects, your concerns regarding the liquor moving to "LBlock," etc to Councilperson Quentin Hart prior to the City Council Meeting at 5:30p today. If you are unable to attend, you may send him your concern as well at qhartmchsi.com, Thank you Belinda Creighton-Smith, MDiv Faith Temple Baptist Church 415 Walnut Street Waterloo, IA 50703 Phone: 319.234-0854 Mobile: 319.493.0097 website: http://www.uiowa.edu/—nrcfcp/dmcrc/index.shtml email: bsmithcreightonaol.com bcreightonsmithuiowa.edu 2/7/2011 ' 7 rt I' 1 , F, _ 4/00...1" ANN ,, '" ! • , .. v.„ ;%11/Nallt ' . ttlii \\______ Secondhand Effects of Alcohol Use The cost of alcohol consumption can be far greater than the price of a drink. Alcohol use is responsible for increased violence and crime, decreased worker productivity, higher health insurance premiums, and deaths and injuries from drinking-driving crashes. Drinkers alone do not pay these costs—everyone splits the bill. Problem: The consequences of alcohol use Solution: Because the costs of alcohol use affect everyone—even those who drink rarely have an impact on everyone in a community, or not at all. the most effective solutions often involve com- munity change. Educating the public about -There is a strong association between alcohol con- alcohol's secondhand effects and implement- sumption and physical assault'; communities that have a higher density of liquor stores and bars ing environmental prevention strategies can experience more violent assaults.' reduce those costs. - Every year in the U.S., approximately 40 percent - To effectively reduce the secondhand effects of of fatal traffic crashes involve alcohol. Estimates alcohol, communities can change the environment from 2000 show that the societal costs of driving that fosters problematic alcohol use. Environmental under the influence come to $1 per drink, with peo- prevention is a proven method that focuses on four ple other than the drinking driver paying 60 per- areas that shape community alcohol problems: cent of those costs.' community norms, access and availability, media messages, and policy and enforcement.° - Alcohol costs the U.S. economy an estimated $134 billion per year in lost productivity and earn- - Because drinkers are responsive to price changes, ings due to alcohol-related illness, premature increasing taxes on alcohol reduces consumption death, and crime.' and decreases problems associated with alcohol abuse.' - Less than half of the economic burden of alcohol abuse falls on those who drink alcohol—govern- - Due to the relationship between alcohol availabil- ment bears nearly 40 percent of the burden, with ity and crime, regulating outlet density and restrict- private insurance and victims also losing billions of ing sales can reduce availability, decrease crime dollars.' rates, and improve communities.' - Carefully measuring alcohol's impact is a key to change. Collecting and reporting data—including statistics, stories, and pictures—can help motivate community members and policy makers.91° -4 www. I r rg + 4 S—456 56+92 1 . Scott, Kathryn D., John Schafer, and Thomas K. Greenfield. (1999) "The role of alcohol in physical assault perpetration and victimization," Journal of Studies of Alcohol, 60(4), 528-36. 2. Scribner, R. A., D. MacKinnon, and J. Dwyer. (1995) "The risk of assaultive violence and alcohol avail- ability in Los Angeles County," American Journal of Public Health 3(85), 335-340. 3. National Highway Traffic Safety Administration. "Impaired Driving in the United States." (2000) http://www.nhtsa.dot.gov/people/injury/alcohol/impaired-drivingusa/US.pdf 4. Harwood, H. (2000) Updating Estimates of the Economic Costs of Alcohol Abuse in the United States: Estimates, Update Methods, and Data. Report prepared by The Lewin Group for the National Institute on Alcohol Abuse and Alcoholism. 5. National Institute on Drug Abuse. "The Economic Costs of Alcohol and Drug Abuse in the United States - 1992." (1998) http://www.nida.nih.gov/EconomicCosts/Index.html 6. The Marin Institute. (2005) "Solutions to Community Alcohol Problems: A Roadmap for Environmental Prevention." 7. Cook, Philip and Michael Moore (2002). "The Economics of Alcohol Abuse and Alcohol Control Policies." Health Affairs 21 (2), 120-133. 8. Gyimah-Brempong, Kwabena. (2001) "Alcohol availability and crime: Evidence from census tract data." Southern Economic Journal 60, 2-21 . 9. National Crime Prevention Council. "Key Learnings & Recommendations from The Alcohol Policy Conference 2000" (2000) http://128.121 .17.146/ncpc/ncpc/?pg=2088-2140 10. Coleman, Victor. (1997) "Understanding Retail Alcohol Availability: A Community Action Handbook." Santa Clara Valley Health and Hospital Systems: Department of Alcohol and Drug Services, Prevention Division. Alcohol and Community-based Violence: A Systematic Review Carly Heung Jason LeMar Benjamin Rempel Edited by: Dr. Joel G. Ray Prepared for The Alcohol Policy Network of the Ontario Public Health Association February 2010 Alcohol rol,cy tietxaik , Ontario Public tkaifh Association Moot5dte.rarlaaon' gwr toltktada Alcohol and Community-based Violence 1 Acknowledgments Authors: Carly Heung is a graduate student in the Master of Public Health program at the University of Waterloo. Carly contributed to this paper as part of her summer practicum and has completed an Honours Bachelor of Science degree in Health Studies from the University of Waterloo. Jason LeMar is employed with the Ontario Public Health Association as a Coordinator for the Alcohol Education Programs. His main responsibilities include researching and producing papers, along with keeping key stakeholders abreast of current trends and issues around alcohol policy. He is a graduate of Brock University with a Bachelor of Arts in Health Sciences along with a Workplace Wellness and Health Promotion Certificate from Centennial College. Benjamin Rempel is the Manager of Alcohol Education and Injury Prevention at the Ontario Public Health Association. His main areas of work consist of increasing awareness of and promoting the effectiveness of alcohol and injury prevention policies in Ontario. He is a graduate of Laurentian University with an Honours degree in Health Promotion and is currently completing a Master of Public Health degree from the University of Waterloo. The authors would like to acknowledge the following individuals and groups for their valuable contributions to this paper: • Dr. Joel G. Ray, Clinical Scientist, St. Michael's Hospital; Associate Professor, Departments of Medicine, and Health Policy Management and Evaluation, University of Toronto • Connie Utrecht, Executive Director, Ontario Public Health Association • Dorothy Birtalan, Chief Information Officer, Ontario Public Health Association • Ontario Public Health Association's Violence Prevention Workgroup Funding generously provided by the Ontario Ministry of Health Promotion. For more information, or to order additional copies of Alcohol and Community- based Violence: A Systematic Review, please contact: The Alcohol Education Projects do Ontario Public Health Association 700 Lawrence Avenue West, Suite 310 Toronto, Ontario, M6A 3B4 T: 416.367.3313 F: 416.367.2844 E: APN@opha.on.ca W: www.apolnet.ca Copyright©2010 Alcohol Policy Network, Ontario Public Health Association Alcohol and Community-based Violence 2 Alcohol and Community-based Violence: A Systematic Review Table of Contents Acknowledgments 1 Abstract 3 1.0 Introduction 4 1.1 Goals and Objectives 5 1.2 Key Definitions 5 2.0 Methodology 7 2.1 Literature Search Strategy 7 2.2 Library Search Strategy and Study Selection 8 2.3 Results of the Literature Review 8 2.4 Limitations of Methodology 9 3.0 Results 11 3.1 The Link between Alcohol Outlet Density and Violence 11 3.2 Alcohol Price and Rates of Violence 14 3.3 Alcohol Sales and Rates of Violence 14 3.4 Hours of Alcohol Sales 15 3.5 Characteristics of Violent Bars 17 3.6 Alcohol and Violence-related Injuries from Emergency Room Data 21 3.7 Psychoactive Substances and Alcohol 22 4.0 Summary of Findings 24 5.0 Recommendations 25 6.0 Conclusion 32 Appendix A: List of Internet Search Sources 33 Appendix B: Data Extraction Form 34 Appendix C: Library Search Results 35 Appendix D: Flow Chart of Included Studies 36 Appendix E: Alcohol Policy in Ontario, Canada 37 References 38 Alcohol and Community-based Violence 3 Abstract Alcohol is one of the most widely available psychoactive drugs. Both alcohol use and violence share some common physiological, social, and economic variables. While the link between alcohol consumption and violent behaviour has been well established, the mechanisms — social and environmental influences — by which this occurs, are not fully understood. This association highlights the need to gain a better understanding of the contributing factors associated with alcohol-related violence. Purpose: To identify the associated effects of alcohol sales on community-based violence as explained in the existing literature. Methodology. A systematic review of recent literature published from 1999 to 2009 was completed. The search strategy included only articles published in English, with a specific focus on alcohol sales and community-based violence. Electronic databases, grey literature, reference lists of relevant studies and previously published reviews on similar topics were searched using seventeen keywords representing 'alcohol use' and 'community-based violence'. Results: Twenty- eight studies were identified that addressed alcohol outlet density, hours and days of alcohol retail sale, price of alcohol, alcohol sales, characteristics of violent bars, and alcohol-related violent injuries from Emergency Room data. The general finding is that alcohol-related violence is perpetuated by the availability and harmful use of alcohol. Recommendations and Conclusion: These research findings provided ample basis for providing direction and recommendations for informing public health policies to reduce alcohol's contribution to community- based violence. Eight strategies and 21 commendations are proposed which follow a coordinated, comprehensive health promotion approach incorporating healthy public policy and community action along with the 'four pillars': prevention, treatment, harm reduction, and enforcement. Alcohol and Community-based Violence 4 1.0 Introduction Of the many psychoactive substances, alcohol is one of the most recognized, most commonly purchased, and most consumed (World Health Organization, 2004; National Alcohol Strategy Working Group, 2007). According to the 2004 Canadian Addiction Survey, about 80% of Canadians aged 15 years and older report having consumed alcohol at least once in the previous year (Adlaf, Begin, & Sawka, 2005). Alcohol is also the drug most strongly associated with violent behaviour (Room & Rossow, 2001; Murdoch, Pihl, & Ross, 1990). The link between alcohol intake and violence is well established, negatively impacting the individual who consumes the alcohol as well as those around them. Findings from the 2004 Canadian Addiction Survey indicate that, "Close to a third of the respondents (32.7%) report having been harmed at least once in the past year because of someone else's drinking" (Adlaf et al., 2005, p. 37). Of these respondents, 10.8% were pushed or shoved, and 3.2% were physically assaulted (Adlaf et al., 2005). Further studies on violence have repeatedly shown that alcohol consumption precedes violent events (Murdoch et al., 1990; Room & Rossow, 2001; Rossow, Pernanen & Rehm, 2001). "Drunkenness is an important immediate situational factor that can precipitate violence" (Krug, Dahlberg, Mercy, Zwi, & Lozano, 2002, p. 31). In an epidemiological review of 26 studies involving 9,304 violent cases, Murdoch et al. (1990) found that 62% of violent offenders were drinking at the time of their offence. Although the literature consistently demonstrates that alcohol is associated with violence, the mechanisms — social and environmental influences — by which this occurs are not fully understood. A previous review has also found the relationship between alcohol use and violence to be quite multifaceted and complex: "The link between violence and psychoactive substances involves broad social and economic forces, the settings in which people obtain and consume the substances, and biological processes that underlie all human behaviour. These factors interact in chains of events and may extend back from an intermediate triggering event such as an argument to long- term predisposing processes that begin in childhood." (Roth, 1994, p. 1) From a physiological perspective, alcohol consumption leads to "altered brain receptors and neurotransmitters" which may reduce one's "fear and anxiety in the social, physical or legal consequences of one's actions" (Room, Babor, & Rehm, 2005, p. 521). In short, excess alcohol intake impairs judgment, coordination and alters perceptions of risk, all of which may increase one's chances of engaging in violent incidents (Peterson, Rothfleisch, Zelazo, & Pihl, 1990). Although it is Alcohol and Community-based Violence 5 possible that some combination of these individual physiological effects may enhance or trigger aggressive behaviour and increase the risk of violent incidents, why this results in violence in some individuals and not in others is less clear. While there has been more recent public and research interest in alcohol-related violence (Klingemann & Gmel, 2001), the mechanisms by which alcohol consumption leads to the escalation of community-based violence particularly in and around bars and retail outlets is not so clear. As alcohol consumption usually takes place in a social setting, separating the two components can be challenging. 1.1 Goals and Objectives The purpose of this report is to provide a summary of the current research that examines the effects of alcohol consumption on community-based violence. The report's goals are to gain a better understanding on the context-specific contributors to the escalation of alcohol-related violence, to identify the patterns associated with the alcohol-violence link, and to help prevent future alcohol- related violent incidents by informing public health policies. To help achieve these goals this report has the following objectives: 1. To explore patterns in which alcohol use contributes to community-based violence; 2. To identify physical and social factors most vulnerable to the effects of alcohol-related violence; and 3. To provide policy recommendations to address the effects of alcohol on violence at the community level. 1.2 Key Definitions 1.2.1 Alcohol Use Throughout this paper the terms 'alcohol use', 'alcohol consumption', 'alcohol intake', and 'drinking' are used interchangeably. Unless otherwise noted, 'alcohol use' is defined as the ingestion of alcoholic beverages, including social drinking and the act of consuming liquor. 1.2.2. Alcohol Intoxication Alcohol intoxication is used synonymously with alcohol impairment and drunkenness. Adapted from Babor et al. (2003), it is defined here as a short-term state of functional impairment in psychological and psychomotor performance induced by the presence of alcohol in the body. In relation to blood alcohol concentration (BAC), a measure of alcohol in the bloodstream of one's body, a person may start to show signs of functional impairment at BAC levels as low as Alcohol and Community-based Violence 6 0.02%1 (Moskowitz, Burns, Fiorentino, Smiley, & Zador, 2000). However the illegal BAC limits in some countries are set above the 0.05% BAC level (Fell & Voas, 2005). The terms 'binge drinking', 'hazardous drinking', 'harmful drinking', 'alcohol misuse', and 'alcohol abuse' have also been used throughout this report to indicate different forms of alcohol consumption that can lead to acute or chronic alcohol intoxication. 1.2.3 Violence For the purpose of this report, 'violence' or 'violent behaviour' will be defined as intentional injury — inflicted by deliberate means or through physical force — that results in or has a high likelihood of resulting in injury. For an act to be considered violent, there must not only be harm but also intent to harm (Rutherford, Zwi, Grove, & Butchart, 2007). Therefore, aggression and hostility are not classified as "violent", as no actual physical harm has been carried out (e.g., verbal harassment). Of the three types of violence outlined in Figure 1, this report focuses on community-based violence, a type of interpersonal violence that usually occurs between acquaintances or strangers outside of the home (Krug et al., 2002). As such, the terms 'assaults', 'fights', 'brawls' and the like are used interchangeably with 'community-based violence'. Violence Self-directed Interpersonal Collective Suicidal Self-abuse Family/partner Community Social Political Economic behaviour Child Partner Elder Acquaintance Stranger Figure 1: Typology of violence (Krug et al., 2002, p. 14). 1 The symbol"%" is frequently used to denote g/dl (grams of absolute alcohol per decilitre of whole blood). The"%" symbol is not a true percentage since it represents a measure of weight per volume. Alcohol and Community-based Violence 7 2.0 Methodology This report outlines the key findings generated from a systematic literature review on the effects of alcohol on violent behaviour at the community level. 2.1 Literature Search Strategy A review of the literature was performed in June 2009 by one researcher. Inclusion and exclusion criteria were determined by the three authors. The search for relevant literature included print, electronic, published and unpublished materials found by searching library databases, the Internet and reference lists of selected articles. 2.1.1 Electronic Databases The library search strategy to identify relevant articles used the following electronic databases: • PubMed; • Web of Science; and • Scholars Portal (which included Social Sciences Citation Index, Sociological Abstracts, and Violence and Abuse Abstracts). These databases were chosen to Exhibit 1: Alcohol Keywords encompass a wide range of disciplines alcohol drinking; alcohol abuse; particular to this topic, including alcohol consumption; alcohol biomedical, social and behavioural misuse; alcohol use*; alcohol-related sciences. A search of these databases drinking; alcohol-related violence; was conducted using the same alcoholic beverages; binge drinking; general search strategy and keywords. drunkenness; hazardous drinking; The 'violence' medical subject heading harmful drinking; social drinking. (MeSH) terms and keywords included the following: violence, etiology; violence, legislation and jurisprudence; violence, prevention and control; violence, trends; assault*; community violence; violent behaviour* and brawl*2. These terms were all separated by the 'OR' boolean operator. A combination of keywords used to elicit research related to 'alcohol' (shown in Exhibit 1) was combined with those related to 'violence' with the 'AND' boolean operator. 2.1.2 The Internet The Internet search included a search for unpublished circulated papers, reports, conference proceedings, and programs from conferences distributed by leading organizations in the field. A list of these Internet sources is available in Appendix A. 2 The symbol"*" has been used to indicate use of a wildcard function within the terms to find variants of the terms. Alcohol and Community-based Violence 8 2. 1.3 Reference Lists Reference lists of previously published reviews on similar topics were screened for relevant articles. Reference lists of included studies resulting from the library search strategy were also screened in the same manner. 2.2 Library Search Strategy and Study Selection For the purpose of this review, studies were not limited to specific outcome measures. The search strategy included only articles published in English, from January 1999 to June 2009. Only primary research articles were included in this report. Studies meeting these parameters were retrieved and reviewed by one researcher including those studies that met the following necessary criteria: 1. The study assessed alcohol intake and/or availability. 2. The study assessed community-based violence documented through measured cases of injury, assault, violent crime and the like. Studies which met at least one of the following exclusion criteria were not considered eligible and were omitted from the next level of screening: • Studies that focused on victims of alcohol-related violence or the views of the abused; • Studies whose measure of violence was in the form of war, terrorism, or violent political conflict; • Studies on the treatment of alcoholism; • Studies that described the effects of alcoholism or alcohol-induced disorders; • Studies whose focus was on a specific type of injury such as human bite injury, head trauma, traumatic brain injury; and • Studies that only focused on a specific population such as young adults or Aboriginals. The initial library search of electronic databases identified 1,026 titles. After an initial screening by one researcher, only 225 titles were determined eligible for further review. From these, relevant abstracts were located, retrieved, and screened against inclusion and exclusion criteria in the same manner as titles. This screening method resulted in 75 relevant abstracts. From these, full text articles were obtained for independent review of eligibility. 2.3 Results of the Literature Review In total, 28 studies met the above inclusion and exclusion criteria. These studies were then assessed in full, with relevant information abstracted by one researcher, using standardized data extraction forms (Appendix B). These studies were then reviewed for validity and applicability by a second researcher. A summary of the library search results and a flow chart of included studies are shown in Appendix C and D. Alcohol and Community-based Violence 9 Included studies used a variety of study designs, including cross-sectional, retrospective, case-crossover, longitudinal, general population survey, case- control, and time-series analysis. 2.3.1 Measure of Alcohol Intake Indirect measures of alcohol consumption were made through alcohol sales (collected from receipts of wholesales dealers of alcohol products and volume of alcohol sold at outlet stores) and price (average beer price per pint), liquor licensing records (which varied depending on the location of the study, including general, on-premise, off-premise, packaged, on-sales, and off-sales), and clinical observation of intoxication judged by the Emergency Department's staff member at first contact with the patient. Direct measures of alcohol use were obtained from participant self-reports of alcohol consumption (often by asking respondents whether they had consumed alcohol in the six hours prior to the incident), and blood alcohol concentration, including breath samples. 2.3.2 Measure of Violence Violence was measured using assault and crime data from police records and court convicted assault cases. On top of self-reported experiences with violence, other measures of violence included hospital discharge data of recorded assault patients, and injury data from Emergency Departments. Injuries were also captured by the Canadian Institute of Health Information Discharge Abstract Database, using International Classification of Disease — 10th revisions (ICD-10) codes. 2.4 Limitations of Methodology 2.4.1 Police Records Official police reports of assaults (Nielsen & Martinez, 2003) are a useful indicator of violence, but they too can be problematic. First, it is likely that a reported assault reflects only a small proportion of all violent incidents within a community (Verrill & Sheron, 2005). According to Shepherd (2007), the 2000 British Crime Survey data showed that 75% of `moderately serious' violent offences do not appear in police records. It is unlikely that perpetrators of violent acts report their behaviour to police, for example. Second, assault charges may not be a true account of assault offenses (Vingilis et al., 2008). The number of assault charges depends not only on police availability and recording protocols: for example, intoxication from alcohol could minimize or delay police reporting. Furthermore, there is no real measure of whether assault offense data is related to alcohol consumption, or whether they relate to particular licensing establishments and a higher police presence. 2.4.2 Emergency Department Data Emergency Department data only capture alcohol-related violence that requires medical attention. Many victims may also seek treatment from other sources. Alcohol and Community-based Violence 10 Some injuries related to violence in the Emergency Department sample may also have gone unrecognized, possibly because of a failure to report the cause of injury. In many instances, Emergency Department data pertain only to the victim, leaving out details of the state of the perpetrator. 2.4.3 Overall Limitations of the Review Methodology On top of the limitations described for each type of study, the review methodology itself has some weaknesses. First, included studies were abstracted by one researcher. Even though the abstraction forms (Appendix B) were reviewed by a second researcher, initial selection bias may exist during the screening process. Furthermore, the scope of the search terms could have included 'intentional injuries', which was not the case for this report. Limitations on time and resources have also limited the scope of included studies. As the literature scan was completed in June 2009, studies published afterwards have not been included in the results of this report. Alcohol and Community-based Violence 11 3.0 Results This review summarizes the research evidence linking alcohol sales and community-based violence. Six major categories of alcohol-related violence studies were identified: 1. Those that calculated alcohol outlet density; 2. Those that estimated changes in alcohol pricing; 3. Those that monitored alcohol sales; 4. Those that assessed the restriction or extension of the hours in which retail alcohol sales are permitted; 5. Those that analyzed the characteristics of on-premise establishments; and 6. Those that used Emergency Department data. 3.1 The Link between Alcohol Outlet Density and Violence The relation between violence and alcohol outlets has been documented in a number of recent ecological studies (Gorman, Speer, Gruenewald, & Labouvie, 2001; Gruenewald, Freisthler, Remer, Lascala & Treno, 2006; Gruenewald & Remer, 2006; Lipton & Gruenewald, 2002; Livingston, 2008a; Livingston, 2008b; Norstrom, 2000). While many of these studies emphasized the importance of the socio-demographic composition of neighbourhoods — population density, residential instability and socially disadvantaged populations — alcohol outlet density (the number of alcohol retail outlets per unit of population) was positively associated with levels of violence. 3.1.1 Why Alcohol Outlet Density and Violence are Linked There are two dominant theories about why alcohol outlet density and violence appear to be linked. One is the 'selection effect theory' and the other is the 'social disorganization theory'. The `selection effect theory' suggests that outlets, on their own, create violence (Nielsen & Martinez, 2003). This perspective emphasizes the ways in which alcohol outlets are used by potentially violent drinkers. For instance, the influences that greater access to alcohol has on the selection of drinking places and the mixing of populations within these places are factors that create violence (Gruenewald et al., 2006). This theory suggests that drinkers move routinely about their environments and select places to drink based upon characteristics of different outlets and other drinkers. The 'social disorganization theory' presents a view that outlets provide a context for violence (Lipton & Gruenewald, 2002). From this perspective, emphasis is placed on the effects of alcohol outlets and the behaviours of drinkers at those outlets on social norms that constrain or enable violence (Nielsen & Martinez, 2003). Alcohol outlets may represent a negative influence that promotes and encourages violence (Peterson, Krivo, & Harris, 2000); it is debated whether the number of bars is an additional, exogenous factor that affects the rate of violence (Norstrom, 2000). It is also possible that neighbourhoods with high alcohol outlet Alcohol and Community-based Violence 12 density can have both high levels of violence as well as a greater acceptance of alcohol-related violence. This suggests that outlet density and greater acceptability of alcohol-related violence may coexist. Gorman et al. (2001) illustrated these exogenous factors as follows: "broken bottles and bars send essentially the same message as do broken windows, which is that mechanisms of informal social control have ceased to function" (p. 628). In this sense, the presence of high alcohol outlet density may represent a form of neighbourhood disorder, whereby organized communities exercise political power and legal options to keep out alcohol outlets, while disorganized communities cannot (Peterson et al., 2000). Therefore, the presence of high alcohol outlet densities may reduce social prohibitions against violence, and subsequently, enable violence in community areas. The effects of alcohol availability and alcohol outlet density are consistent with both the selection effects and the social disorganization theory. It may be that individuals select outlets that have a higher likelihood of violence or that outlets themselves represent a type of institution in neighbourhoods that undermine the ability to exert social control. These two theories are not mutually exclusive and, as such, it is possible that the alcohol-violence link is an inter-play of both. 3.1.2 Findings from Geospatial Studies Geospatial studies linking alcohol outlet density and rates of violence have uniformly illustrated a positive relation between outlet density and rates of violence (Lipton & Gruenewald, 2002; Livingston, 2008b; Nielsen & Martinez, 2003; Reid, Hughey & Peterson, 2003). In fact, Livingston's (2008a) spatial analysis of outlet density and violence indicates that "while the overall relationship is positive, with alcohol-related assaults increasing with the number of outlets, there may be a [crucial threshold] point after which each additional outlet contributes increasing numbers of additional assaults" (p. 625). Livingston (2008a) examined the spatial relationship between density of three types of outlet licenses (general, on-premise, and packaged) and alcohol-related assault rates in Melbourne, Australia. General and on-premise licensing densities were more strongly associated with the alcohol-related assault rate than was packaging licensing density (those that allow alcohol to be sold for off-premise consumption only). The results of this study provide further evidence of a cross- sectional link between alcohol outlet densities and violence and suggest that the effect of outlet density on violence differs with each type of outlet. 3.1.3 Evidence from Small City-Centre Studies Violence is typically concentrated in "relatively small city-centre entertainment areas, occurring most frequently in and around pubs and clubs on weekend nights" (Warburton & Shepherd, 2006, p. 12). One European city-centre study found a positive relation between small area licensed premises capacity — a proxy measure for crowding — and violence (Warburton & Shepherd, 2006). Alcohol and Community-based Violence 13 Although street assault correlated significantly with numbers and capacity of premises, the major predictor of violent incidents is "the concentration of these premises in close proximity to each other and the presence of high-risk premises that leads to problems" (Warburton & Shepherd, 2006, p. 15). The findings from these two small city-centre studies highlight the potential importance to urban planning and public health in considering "the mix of institutions in urban areas" (Reid et al., 2003, p. 1978). 3.1.4 Evidence from Longitudinal Studies A small number of studies have provided further evidence to demonstrate that changes in outlet density over time are related to changes in rates of violence (Gruenewald et al., 2006; Livingston, 2008b). Among the few methodologically rigorous longitudinal studies employing traditional time-series analysis, Norstrom (2000) assessed the relation between criminal violence, which included convictions (court data of persons convicted of violent offenses), and investigations (police statistics of offenses being investigated), and alcohol outlet density in Norway from 1960 to 1995. The authors found a positive and statistically significant relationship between outlet density and crimes of violence investigated by the police and suggested that, on average, an increase of one outlet corresponded to an increase in approximately 0.9 investigated assaults per year (Norstrom, 2000). 3.1.5 Impact of Neighbourhood Several cross-sectional studies have presented findings on how alcohol outlets relate differently to violence according to neighbourhood characteristics (Gruenewald et al., 2006; Gruenewald & Remer, 2006; Nielsen & Martinez, 2003). In particular, these studies have investigated potential confounders of the outlets-violence connection. For instance, Lipton and Gruenewald (2002), and Gorman et al. (2001) focused on population characteristics of surrounding alcohol outlet areas and found powerful effects for population density and structural variables associated with adjacent neighbourhoods. In particular, they found that greater population densities in surrounding areas and greater levels of impoverishment among these populations were related to increased violent crime rates in neighbourhoods where bars are located (Gorman et al., 2001; Gruenewald et al., 2006; Nielsen & Martinez, 2003). In particular, Gruenewald et al. (2006) found that bars had a marked positive effect on violence in poor, unstable areas (violence rates increased with increased alcohol outlets), but were actually protective in stable, wealthy ones (violence rates decreased with increased alcohol outlets). In addition, other place characteristics, such as vacant or deteriorating housing, retail activities and illegal drug markets, seemed to be related to lower levels of police enforcement, which would permit higher rates of violence. Alcohol and Community-based Violence 14 There is evidence from several countries that drinking patterns — in terms of total alcohol sales, and outlet and beverage preferences — are related to age, gender, culture, income, and education level. For instance, young males tend to drink beer, and prefer nightclubs and hotels to other venues (Stevenson, Lind & Weatherburn, 1999). Higher income and education level tend to be associated with greater alcohol consumption in restaurants, while lower income levels are associated with greater alcohol consumption in bars (Stevenson et al., 1999). These population and place characteristics suggest that the impacts of alcohol outlet densities on violence may be context specific and support the view that "some sort of spatial interaction between population and places with more alcohol outlets are associated with rates of violence" (Gruenewald & Remer, 2006, p. 1191). 3.2 Alcohol Price and Rates of Violence Wagenaar, Salois, & Komro's (2009) meta-analysis of 112 studies found that higher alcoholic beverage taxes and prices reduce alcohol use. Wagenaar and his colleagues found that this relationship applies to all alcohol beverages, and not only to overall consumption, but also to heavy drinking (Wagenaar et al., 2009). Sivarajasingam, Matthews & Shepherd (2006) investigated the relationship between violence-related injury and price of alcohol in England and Wales from 1995 to 2000. In total, 353,433 alcohol-related violence Emergency Department cases were analyzed along with the regional price of alcohol. The authors found that "high regional violence-related injury rates correlated with low real price of alcohol as measured by price of beer" and estimated that a "one- percent sustained increase in the price of alcohol above inflation will decrease violent injuries by nearly 2,200 a month in England and Wales" (p. 392). Furthermore, in a survey study conducted in New York, Quigley, Leonard, & Collins (2003) found that "the cost of drinks was reported to be lower in violent bars than in nonviolent bars" (p. 768). These findings suggest that increases in the price of alcoholic beverages may be an effective means of reducing violent injuries. 3.3 Alcohol Sales and Rates of Violence Several studies (from the United Kingdom, Australia, and Canada) have demonstrated that increased sales through alcohol outlets have been correlated with higher rates of violence (Ray et al., 2008; Sivarajasingam et al., 2006; Stevenson et al., 1999). Factors shown to be important in this link include the volume of alcohol consumed and its pattern of consumption, cultural characteristics, social context, and income inequality. Differences in drinking culture are especially important, since greater acceptance of alcohol misuse is likely to spur alcohol sales and levels of violence (Rossow, 2001). With the sale of alcohol through on-premise licensing establishments, drinkers are already in a public place, surrounded by others, presenting opportunities for interpersonal violence. It may be that "higher per capita alcohol sales merely reflect greater social contact, thus expressing nothing more than the degree of Alcohol and Community-based Violence 15 opportunity to offend or be a victim of crime" (Stevenson et al., 1999, p. 408). If that is the case, a stronger relationship should be found between alcohol sales and violence from hotels and clubs, than for any of the other types of outlets (Stevenson et al., 1999). For the sale of alcohol on off-premise licensed establishments such as Liquor Control Board of Ontario (LCBO) outlet stores studied in Ray et al. (2008), the course of events is less obvious. Ray et al. (2008) assessed the association between retail alcohol sales across Ontario, Canada, and risk of hospitalization for intentional injury. Ray and his colleagues found that the risk of being hospitalized because of a violent assault was higher among those who live in the immediate vicinity of alcohol outlets with rising sales, measured through total volume of alcohol sold at each outlet. The authors used a rare case-crossover design to establish the relative risk of assault per volume of alcohol sales from government-run liquor stores. The volume of alcohol sold at the store in closest proximity to an assault victim's home on the day before the assault, was compared to the volume of alcohol sold at the same store seven days earlier. Ray and his colleagues (2008) found "a 13% higher risk of being hospitalized for assault with each additional 1,000 [litres] of alcohol sold per day, equivalent to about a doubling of the usual daily sales" (p. 728). The risk of being violently assaulted was 41% higher during periods of peak alcohol sales than when sales were at their lowest (Ray et al., 2008). Young men, aged 13 to 20, who lived in urban areas were at the highest risk for assault. This study illustrates how alcohol sales may be linked to individual risk for assault. Consistent with previous research, Bye (2007) found that assault rates tend to change with changes in alcohol consumption at the population level. Bye studied trends in violence rates and alcohol sales in Norway from the period 1880 to 2003 and 1911 to 2003, and found that a one litre per-year per-capita increase in alcohol consumption will, on average, increase the rate of criminal violence by approximately 8%. This finding also supports the view that alcohol consumption has an independent effect on the incidence of violence. 3.4 Hours of Alcohol Sales The relation between extended retail sale hours, individual levels of intoxication, and alcohol-related violence are not so clear. `Availability theory' asserts that alcohol availability influences the levels of alcohol consumption, which in turn influences the levels of alcohol-related violence (Mann, 2005; Ragnarsdottir, Kjartansdottir & Daviosdottir, 2002). Based on this theory, one may hypothesize that extending drinking hours increases general population-based alcohol consumption, which then increases rates of alcohol-related violence. A large number of studies have also supported this view, and have suggested that increases in temporal access to alcohol, through extended drinking hours, would lead to increasing rates of violence (Chikritzhs & Stockwell, 2002; Room et al., 2005). Alcohol and Community-based Violence 16 3.4.1 Extending Hours and Days of Alcohol Sales One study examined this relationship by assessing the impact of extended drinking hours on levels of violent assaults on or near licensed establishments in Australia. The authors found that increases in temporal access to alcohol led to increases in violence (Chikritzhs & Stockwell, 2002). While Chikritzhs and Stockwell have for the most part only investigated modest changes in alcohol sales hours, they found significant increases in the level of violent assaults, which was mostly explained by increased volumes of alcohol purchased following extension of licensed drinking hours. As such, the authors suggest that the greater number of patrons and increased levels of intoxication probably accounted for the observed increase in violence. The above finding is an interesting contrast to what proponents of increased alcohol hours have claimed. One such claim is that increased drinking time allows drinkers to "pace themselves" rather than engage in binge drinking. For adults, binge drinking is the consumption of more than five or more standard alcoholic drinks in one sitting or event (Adlaf et al., 2005). There have also been claims that extended drinking hours prevents the mass exiting of patrons at a single closing time, enabling police to better control and patrol high-risk areas at high-risk times. While this seems plausible, it is backed up by little formal research. Even so, one cannot disregard the observation that increasing alcohol availability is not consistently associated with higher rates of violence (Norstrom & Skog, 2005). Two studies presented below provide further evidence to this effect. Recent policy changes in Sweden of extending days of alcohol retail sales enabled Norstrom and Skog (2005) to evaluate changes in assault levels. In 2000, a trial period took place in which monopoly shops were kept open on Saturdays in certain parts of the country. Seventeen months later, Saturday opening was extended to the rest of Sweden. The authors, who were commissioned to perform the evaluation post-policy change, found that the extension in retail sales to the whole of Sweden was followed by a slight increase in total alcohol sales of about 4%. However, no significant change was found in the indicators of alcohol-related assaults. The only Ontario-based evaluation on hours of alcohol retail sales was conducted by Vingilis, Mcleod, Mann & Seeley (2008). They examined the impact of extended drinking hours in two cities in southwestern Ontario. On May 1, 1996, the Ontario provincial government amended the Liquor License Act to extend hours of alcohol sales and service in licensed establishments from 1:00 a.m. to 2:00 a.m. This amendment was made so that hours of alcohol sales in Ontario would be consistent with the cross-border jurisdictions in U.S. states and Canadian provinces. Vingilis et al. (2008) investigated how this new policy affected assault rates in London, Ontario (which was affected by the extended drinking hours only) and Windsor, Ontario (which was affected by extended drinking hours and cross-border drinking). No overall increase in assaults was Alcohol and Community-based Violence 17 observed in either locale. This finding reinforces the idea that extending drinking hours may not always lead to increased rates of violence. 3.4.2 Restricting Alcohol Sale Hours Restricting hours of alcohol sales is another potential method of limiting alcohol availability and related violence. A policy to restrict alcohol sales was introduced in July 2002, prohibiting on-premise alcohol sales after 11:00 p.m. in Diadema, a predominantly low socio-economic status city in Brazil. Before the law, most bars remained open 24 hours. The authors analyzed assault data from 2000 to 2005 and found that "the average monthly [number of] assaults fell from 48 during the 2 years before the new law to 25 assaults in the 3 years after it" (Duailibi et al., 2007). However, underlying trends were not accounted for in their analysis, and it is unclear if these effects were the result of the new law or another underlying factor. 3.5 Characteristics of Violent Bars Although violence may occur in a number of settings, alcohol-related violence is largely embedded in two common social settings: the home and the bar (Humphrey, Casswell & Han, 2003). The drinking setting can exert a considerable influence on behaviour through expectations, physical and social characteristics of that environment, levels of intoxication permitted therein, and the characteristics of other persons within the setting (Graham & West, 2001). In a general population survey of adults aged 18-60 in the province of Ontario, Canada, respondents were asked whether they had been personally involved in an incident of physical aggression in the past 12 months and, if so, where the most recent incident occurred (Graham, Wells & Jelley, 2002). The most frequent location for aggression was in or near licensed premises such as a bar or nightclub (30% of all incidents), and the proportion occurring in or near licensed premises was even higher for young adults, especially young males (Graham et al., 2002). These figures suggest the commonality of bar violence. 3.5.1 Bar Violence Defined Across studies, bar violence usually refers to physical assaults that occur within commercial establishments that serve alcohol. There are a variety of terms that have been used to describe these locations, including bar, tavern, hotel, club, and nightclub. Restaurants are also included in some investigations as a drinking establishment. The prevalence of bar violence has been addressed in only a few studies. Macdonald, Wells, Giesbrecht, and Cherpitel (1999) examined admissions to Emergency Rooms and found that 37% of violent injuries had occurred in a bar. 3.5.2 Physical and Social Characteristics of Violent Bars Whether or not alcohol outlets become hot spots for violence depends on such features as location, clientele, and the conditions that prevail therein, such as crowding. "Not everyone who attends bars experiences violence, and not all bars are places in which violence frequently occurs" (Quigley et al., 2003, p. 765). Alcohol and Community-based Violence 18 Certain bars tend to attract hostile, under-socialized and/or risk-taking individuals. Briscoe and Donnelly (2003) examined the distribution of violent crime across licensed premises in three inner-urban areas of New South Wales and found that a large proportion of violent incidents occurred within a small proportion of licensed premises. These premises were more likely to be hotels or nightclubs and were more likely to have extended hours of alcohol sales. "Characteristics of the bar that may promote violence can be categorized as either physical or social in nature," (p. 765) explains Quigley et al. (2003). The physical and social characteristics within a bar that are associated with violence are summarized in Table 1. In particular, high crowd density and the capacity of venue are both important factors which may increase the chances of an individual invading another's personal space, and may also provide greater opportunity for potential offenders to come into contact with potential victims (Quigley et al., 2003). Certain activities, like pool tables, dancing and the use of illegal drugs have been found to be more frequent in violent bars than in nonviolent bars (Quigley et al., 2003). The environment can also provide expectations about how to behave when drinking. Patron behaviour and management practices are a good indication of the overall `permissiveness' of an establishment. For instance, "A clean well-kept bar with a helpful and friendly staff is less likely to suggest to drinkers that antinormative behaviour is acceptable [or tolerated] than is a dirty and poorly maintained bar with an unfriendly bar staff' (Quigley et al., 2003, p. 765). Similarly, high levels of swearing and overt expressions of sexual activity are also reflective of an overly permissive environment. Quigley et al. found that staff gender breakdown also had a relation with bar violence, since "violent bars were more likely to employ bouncers and to be staffed by more men than women" (p. 768). Alcohol and Community-based Violence 19 Table 1: Summary of physical and social characteristics associated with violent bars. Physical Characteristics Social Characteristics Overall comfort Certain behaviours High temperature Rowdiness High levels of noise and music Overt expressions of sexual activity Poor lighting High levels of swearing Poor ventilation Sexual or general competition Smoke-filled air Heavy drinking or intoxication Dirtiness Underage drinking Uncomfortable seating Illegal drug use Dancing Crowd characteristics Bar location Crowd density Proximity to other bars Capacity of venue Neighbourhood area where bar is Ethnic mix of patrons located (residential district versus entertainment district) Others Management practices Presence of pool tables or billiards Staff gender and attitude Availability of public transport Permissiveness of environment Discounted drinks Maintenance of bar environment Employed bouncers Serving to intoxication (Briscoe & Donnelly, 2003; Graham & West, 2001; Graham, Osgood, Wells & Stockwell, 2006; Graham et al., 2002; Homel, Carvolth, Hauritz, Mcllwain & Teague, 2004; Quigley et al., 2003) 3.5.3 Levels of Intoxication Studies on barroom violence have found that the frequency of violent incidents increases with the level of intoxicated patrons (Chikritzhs & Stockwell, 2002). Graham et al. (2006) analyzed incidents of aggression (including violence) recorded by trained observers who attended large-capacity bars and clubs in Toronto, Canada. Not only was there a positive association between level of intoxication and severity of violent incidents but intoxication was also found to be a major determinant of the frequency and severity of alcohol-related violence (Graham et al., 2006). Furthermore, not only is the absolute level of intoxication a predictor of violence, but the level of intoxication relative to others was also a moderating factor in the relation between intoxication and violence (Graham et al., 2006). These results suggest that greater attention needs to be paid to group dynamics, and they highlight the need for preventive efforts focusing on both identifying bars that typically have more intoxicated patrons, and reducing the general intoxication levels of patrons (Graham et al., 2006; Homel et al., 2004). Efforts targeted towards reducing levels of patron intoxication have been successful. Homel et al. (2004) showed that reducing levels of intoxication of bar Alcohol and Community-based Violence 20 patrons at nightclubs in city-centre entertainment areas in Australia reduced violence. His observational study found that while control of drinking was a necessary measure to reduce violence, it was not sufficient. Key environmental variables most closely associated with declining violence rates were identified: improved comfort, availability of public transport, less overt sexual activity, and fewer highly drunk men (Homel et al., 2004). Availability of public transport is an interesting predictor, since it is unrelated to bar permissiveness and management style. Homel et al. (2004) suggested that since most violent incidents occur on the streets and in taxi lines involving patrons trying to find a way home in the early hours of the morning, then it is not surprising that the availability of public transport was identified as a key predictor of lower violence rates. These findings highlight the potential for violence-prone bars to modify their drinking environment in order to curtail potential violence within their establishment. 3.5.4 Characteristics of Violent Patrons Characteristics of bars are not always the culprit of alcohol-related violence. Sometimes it is the characteristics of the patrons of a bar that increase the likelihood of violence therein. In light of this, Quigley et al. (2003) proposed, "in most instances, violent and heavy-drinking people are attracted to bars with physical and social conditions that promote aggressive behaviour" (p. 770). The demographic characteristics of those involved in barroom violence are consistent across the literature and predominantly include men (because they are generally are more aggressive than women) and young individuals (because they are more likely to experience and perpetuate violence) (Graham et al., 2002; Quigley et al., 2003). According to the Canadian Addiction Survey, high-risk drinkers are predominantly males and those under the age of 25 (Adlaf et al., 2005). "Violence may be a problem at certain bars, in part, because these bars are places that bring young men together" (Quigley et al., 2003, p. 766). In Borges et al. (2008), of all violence-related injuries in which alcohol consumption was recorded, 80% were male, and 67% were under 30 years of age. Furthermore, in Pachuca, Mexico, "patients with violence-related injuries were more likely to be male, younger, to have lower school attainment, and come from blue-collar occupation," (Borges, Cherpitel, Medina-Mora & Mondragon, 2004, p. 918). These demographic characteristics are consistent with those found as indicators of alcohol and violence related injuries from Emergency Room data in Canada (Macdonald et al., 2005; Macdonald et al., 2006). In Canada, other indicators of alcohol-related violence in the bar setting include educational attainment, income level, and marital status (Macdonald et al., 2005). Although there is considerable evidence linking personality to alcohol use, the evidence linking personality to bar violence is less direct. It is clear, however, that constructs such as hostility and impulsivity are associated with both alcohol use and violent behaviour. Alcohol and Community-based Violence 21 3.5.5 Interaction between Violent Bars and Violent Patrons Explaining why violence occurs at certain bars requires an examination of the whole environment of a licensed venue, including the characteristics of the bar, the personalities and mix of its patrons, and how the two interact. "On the one hand, individual characteristics may lead one to prefer a specific kind of bar. Heavier drinkers with high levels of anger may choose bars with characteristics that foster or enable illegal or disinhibited behaviour. On the other hand, the individual's characteristics may help to shape the characteristics of the bar" (Quigley et al., 2003, p. 770). In other words, some bar characteristics may result from, rather than cause, violence. Quigley et al. illustrated this phenomenon with respect to how the presence of male bouncers is a distinguishing characteristic of violent bars. For instance, in some cases, male bouncers may have been hired as a response to violence, while in others, the presence of male bouncers may have stimulated aggressive behaviour by offended patrons. Quigley et al. investigated whether bar violence is a function of both the clientele and the physical and social characteristics of the bar itself. Their analysis found individual differences in age, anger, and alcohol use that distinguished individuals who frequent violent bars from those who do not. In particular, those who frequent violent bars were more likely to be younger, to be more impulsive, have alcohol dependence problems (ADS) and express anger more openly (Quigley et al., 2003). This anecdotal evidence suggests that certain bars "attract" a certain clientele. 3.6 Alcohol and Violence-related Injuries from Emergency Room Data Violence is among the top causes of alcohol-related injuries presenting to the Emergency Department (Macdonald et al., 2006). In several studies across Latin America (Borges et al., 2008) and New Zealand (Humphrey et al., 2003), 35-50% of all patients with a violence-related injury had recently consumed alcohol. This finding substantiates a common view in Emergency Departments that alcohol consumption is a major problem among their patients. In two Canadian studies, Macdonald et al. (2005) and Macdonald et al. (2006) merged Emergency Room data from as many as 16 countries to investigate alcohol impairment (based on BAC) for different types, causes, and contexts of injury. Macdonald et al. (2006) found that patients with alcohol impairment were significantly more likely to be involved in violence than any other causes (such as vehicle crashes, falling, poisoning, or burns). In other words, alcohol-related violence accounted for more injuries, in absolute terms, than any other cause. In particular, approximately 22% of those with violent injuries were intoxicated, as opposed to 8% of those involved in motor vehicle crashes. In addition, there is evidence that the risk and severity of a violence-related injury increases sharply with increasing amounts of alcohol consumed (Borges et al., 2008; Humphrey et al., 2003; Macdonald et al., 2006). Alcohol and Community-based Violence 22 Other Emergency Department studies have found a significant association between alcohol consumption and violent injury. Macdonald et al. (2005) found that "a positive blood alcohol content (BAC) and a BAC of 80 mg% were significantly related to violence" (p.111). A significant association was also found between a BAC level over 80 mg% and the number of body regions injured (Macdonald et al., 2006). These results point to a causal role of alcohol in injuries related to violence, and suggest that the relation between alcohol consumption prior to the time of the injury/violence is stronger than the relation between general alcohol consumption patterns (or dependence) and violence (Macdonald et al., 2005; Rehm et al., 2003). Borges et al. (2004) found that heavy alcohol use, consumption of several drinks, alcohol dependence, using alcohol six hours prior to injury, and increased frequency of drunkenness were all associated with an elevated risk of violence- related injury. Those consuming alcohol six hours prior to injury had the strongest association with violent injury (Borges et al., 2004): "Those consuming alcohol within 6 h prior, compared to those not drinking during this time, were found to be 34 times more likely to have a violence-related injury among all cases [of Emergency Room attendees] and controls, and 23 times more likely to have a violence-related injury among drinkers" (p. 922). These results suggest that the acute intoxicant and transient effects of alcohol, rather than the long-term consequences associated with its use, are precipitants of intentional injury. In terms of type of injury, Macdonald et al. (2006) found that the highest percentage were head injuries and concussions. Such injuries were significantly more likely to occur at a bar or restaurant, and least likely to occur at school or in the workplace (Macdonald et al., 2005; Macdonald et al., 2006). Consistent with previous findings, this is likely due to the location in which alcohol is consumed. "Most patrons drink at bars and alcohol is available at most restaurants" (Macdonald et al., 2006, p. 1110). Therefore, contextual factors play a very important role in the location of alcohol consumption as well as on injuries resulting from alcohol-related violence. The outcomes explored from Emergency Department data illustrate a growing consensus that alcohol plays an important role in violence and use of emergency services. 3.7Psychoactive Substances and Alcohol A considerable amount of research has argued that alcohol use and violence share common risk factors. This paper recognizes that alcohol's effect on violence seldom exists on its own, but is often associated with other co-factors. Although the present review has already identified a number of co-factors, there are some predominant psychoactive substances that have been correlated with the use of alcohol. Some of these substances include illicit drugs, marijuana, stimulants, and tobacco. One theory argues that the increased use of cigarettes and alcohol among younger adolescents leads to greater use of marijuana, Alcohol and Community-based Violence 23 which, in turn, leads to subsequent use of other drugs (e.g., cocaine, heroin, hallucinogens). Detractors of this theory claim that the use of these substances is a symptom of a larger set of destructive behaviours that includes violence (Merrill, Kleber, Shwartz, Liu & Lewis, 1999). Perhaps aside from these substances, the most important factor is the local characteristics of illegal drug markets, whose distribution is often closely tied with violence (Gruenewald et al., 2006). Although not the major focus of this review, both alcohol and cocaine use appear to play a significant role in violent behaviour (Macdonald, Erickson, Wells, Hathaway & Pakula, 2008). Illicit drugs and alcohol are often used in combination. Illicit drugs are more commonly used in men aged 20 to 40 years and are strongly associated with violence-related injuries (Vitale & van de Mheen, 2006). Early-age of onset of alcohol and marijuana use has also been associated with an increased likelihood of engaging in violence-related behaviours (Reid, Garcia-Reid, Klein & McDougall, 2008). Additionally, the concurrent use of alcohol and cigarettes in adolescents has also been associated with violence (Orlando, Tucker, Ellickson & Klein, 2005). Screening for alcohol, drug, and tobacco use among teens in urban Emergency Departments may identify those at risk of future injury (Walton et al., 2006). Alcohol and Community-based Violence 24 4.0 Summary of Findings The key findings from published international research on alcohol consumption, and the many direct and indirect ways it contributes to community-based violence, are presented below. In general, alcohol and community-based violence can be addressed by controlling the availability of and harmful use of alcohol. • Alcohol outlet density is positively associated with rates of violence (Lipton & Gruenewald, 2002; Livingston, 2008b; Nielsen & Martinez, 2003; Reid, Hughey & Peterson, 2003); that is, they tend to increase together. However the level of association is dependent on the type of outlet —with pubs and clubs increasing the strength of the association— and the kind of neighbourhood outlets are located in (Gruenewald et al., 2006; Warburton & Shepherd, 2006). • High alcohol price reduces alcohol consumption while low alcohol price is correlated with high regional violence-related injury (Wagenaar et al., 2009). • Alcohol sales, which can be used as a proxy measure for alcohol consumption, have been positively associated with incidence of violence. Increased sales through alcohol outlets have been correlated with higher rates of violence (Ray et al., 2008; Sivarajasingam et al., 2006; Stevenson et al., 1999). • Risk of hospitalization due to violent assault is 13% higher with each doubling of usual daily alcohol sales of the closest LCBO outlet (Ray et al., 2008). • Extending alcohol sale hours does not always increase the level of violence, however, when it does, it is usually because of increased levels of intoxication from higher volume of alcohol consumed and because of crowding (Chikritzhs & Stockwell, 2002). • Research on characteristics of violent patrons found that the frequency of violence incidences increases with the level of intoxicated patrons (Chikritzhs & Stockwell, 2002). • Research on bar violence consistently shows the peak time for violent offending is weekend nights and the peak location is in and around pubs and clubs (Warburton & Shepherd, 2006). Furthermore, both physical and social factors are associated with violence in high-risk pubs (see Table 1, p. 19). • Emergency Department studies found that alcohol-related violence accounted for more injuries than any other causes (e.g., vehicle crashes, falls, poisoning, or burns). Of those with violent injuries, 22% were intoxicated, as opposed to 8% of those involved in motor vehicle crashes (Macdonald et al., 2006). Alcohol and Community-based Violence 25 5.0 Recommendations While there are methodological limitations to the studies reviewed in this report, the overall strength of the evidence provides enough basis to assert that excess alcohol consumption contributes to community-based violence. The results from this research report emphasize the increasing need for a public health policy to address alcohol-related harm, as it relates to violence. Many incidents of violence can be prevented by reducing population alcohol consumption, particularly in areas of high alcohol outlet concentration such as bars. While regulations such as a minimum drinking age and a maximum BAC level for drivers currently exist in Ontario, even these policies are not easily enforceable. Alcohol is readily available, and there is a high density of retail alcohol sales outlets across the province, especially in downtown urban areas. The following eight strategies and 21 recommendations are a culmination of data extracted from the literature review, along with the expertise of staff at Ontario Public Health Association's (OPHA) Alcohol Policy Network. These are primarily intended for use by the 36 public health units in Ontario, but others may find the evidence-based recommendations useful and relevant. These recommendations are consistent with, and supportive of, those found in the proposed National Alcohol Strategy led by the National Alcohol Strategy Working Group (2007), the Ontario Public Health Standards (Ontario Ministry of Health and Long-Term Care, 2008) that guide Ontario's public health units, the World Health Organization's (2009) briefing on violence prevention, as well as the work of Babor et al. (2003), Mosher& Jernigan (2001), and others. Strategy 1: Regulating Alcohol Availability A number of restrictive policies designed to limit the availability of alcohol have been introduced over the years (see Appendix E) in the hope of decreasing both population consumption of alcohol and the incidence of alcohol-related problems. Public Health groups can work with relevant stakeholders and government departments to effect such policy change. Recommendations, therefore, include: 1.1 Limit outlet density- limiting the number of alcohol outlets in a given area may reduce the number of violent incidents. Also, the probability of violence is likely to decrease by limiting the venue capacity of alcohol outlets in high density areas. 1.2Limit the opening of new outlets — this strategy is especially important in areas that already have a high density of alcohol outlets. In addition, the slowing or cessation of issuing liquor licenses should be considered, specifically in high crime areas. Alcohol and Community-based Violence 26 1.3Permanently close or heavily fine outlets that repeatedly violate liquor laws — such violations could include selling alcohol to minors or continued service to intoxicated patrons (Zhu, Gorman & Horel, 2004). Under-pricing alcohol and non-compliance with safe serving practices can also be seen as violations requiring remediation. 1.4 Regularly review operational liquor licensing policies - government agencies and community planners with authority over land-use and/or liquor licenses can help deter crime and reduce violence by controlling the physical location of alcohol licensees. This process also gives establishments incentives to run their business according to the guidelines suggested by the Alcohol Gaming Commission of Ontario (AGCO), and introduces penalties for not abiding. Public Health and non-governmental organizations could seek involvement in this review process. 1.5/mpose strict mandatory insurance requirements to operate a licensed establishment— bars and clubs should have to apply for and receive specific and comprehensive insurance coverage relating to bar security, server training, and other safety measures specific to their type of business. They must meet the requirements on an ongoing basis to remain insured. Strategy 2: Addressing Pricing and Taxation The price of alcohol can be manipulated through excise tax policies. Findings regarding the close relationship between alcohol price and consumption clearly provide direction for policy-makers interested in reducing alcohol consumption and related violence. Public Health can work with relevant stakeholders and government departments to effect change in this area. Recommendations include: 2.1 Increase the full price of alcoholic beverages - a number of studies have found that such a price increase is an effective means of reducing alcohol- related violence (Chaloupka, Grossman & Saffer, 2002). 2.2 Price alcohol based on the percentage of alcohol - the Centre for Addiction Research of British Columbia (CARBC) proposed that the price of alcohol be reflective of the actual percentage of alcohol per serving. This theory gives price-conscious consumers an incentive for making more informed and responsible alcoholic drink purchases. 2.3 Introduce a tax levy - the concept of governments introducing a levy on establishments which sell alcohol after regular business operating hours is another concept worth exploring. Such concepts have been proposed throughout the United Kingdom, however, little data exist about the effectiveness of such initiatives. Alcohol and Community-based Violence 27 Strategy 3: Restricting Hours and Days of Alcohol Sales Restricting hours and days of sales has been a widely used alcohol policy instrument to regulate alcohol availability and curb alcohol-related problems. Babor et al. (2003) ranked such interventions as the third most effective strategy among 31 policies. Public Health can work with relevant stakeholders and government departments to effect change in this area. Recommendations include: 3.1 Restrict hours of sale — this is seen as an effective public health measure, more so than the extension of hours, and is consistent with the literature that links alcohol availability with violence (Parker, 2004). Restrictions on hours of sales can be set in private venues (e.g., bars and night-clubs), government- run venues (e.g., LCBO outlets), and government-directed venues (e.g., The Beer Store, The Wine Store). 3.2Restrict days of sale — restrictions on days of sale can be set in private venues, government-run venues, and government-directed venues. Restrictions might include omitting service on Sundays, or a similar proposal that would decrease sales, and therefore, consumption. 3.3Consider the effects of other municipalities - policy makers must be cognizant of neighbouring municipalities with relaxed alcohol control measures (e.g., privatized alcohol sales systems and a different minimum age for alcohol consumption). For example, municipalities bordering Quebec, Aboriginal lands, or cities in the U.S. should be considered carefully when introducing healthy public policy. Strategy 4: Modifying the Drinking Context/Addressing the Built Environment As recommended by the National Thematic Workshop on Alcohol Policy held in Ottawa in 2004, "addressing drinking context" means focusing on areas where harms occur as a result of alcohol use — bars, homes, recreational events, non- licensed areas, etc. Furthermore, physical and social predictors of bar violence offer considerable potential for reducing violence within licensed premises, since they are under the control of management and are relatively easy to regulate (Briscoe & Donnelly, 2003). Public Health can work with relevant stakeholders and government departments to effect change in this area. Recommendations include: 4.1 Address the physical characteristics of venues where alcohol is sold - this may include changing the flow of traffic within bars, improving the handling Alcohol and Community-based Violence 28 and security of intoxicated patrons, using appropriate lighting, minimizing trip hazards, etc. 4.2Limit the number of intoxicated patrons within such venues - research has shown that the frequency of violent behaviour increases with the level of intoxication of patrons (Chikritzhs & Stockwell, 2002). Key environmental and management changes aimed at reducing violence were observed in a study evaluating an intervention designed to make licensed venues safer. Such changes included improved comfort, availability of public transportation, less overt sexual activity, and fewer highly intoxicated men (Home) et al., 2004). Strategy 5: Increasing Policing and Enforcement Briscoe & Donnelly (2003) report that a minority of licensed premises account for the majority of assaults in bars. Public Health can work with relevant stakeholders and government departments to effect change in this area. Recommendations include: 5.1 Target high-risk areas — as suggested by Briscoe & Donnelly (2003), "violence on licensed premises could be substantially reduced by targeting limited law enforcement resources to high-risk premises" (p. 29). 5.2 Target late-night venues - Briscoe & Donnelly (2003) demonstrated that assaults on licensed premises in inner-urban areas were not evenly distributed across time but were concentrated late at night or early in the morning and on weekends. Based on this finding it may be useful to increase enforcement units in areas which have a high number of nightclubs and bars operating late hours and ensure enough public transit options around the times bars stop serving. 5.3Mandate evaluated server and security staff training— CAMH's program, titled Safer Bars, provides training that increases "bar staffs ability to work as a team to reduce the risk of customers becoming aggressive, violent or injured" (CAMH, 2009; Graham et al., 2004). Such programs have been shown to be effective in preventing violence and injuries. Similar programs, such as SMART SERVE, must be evaluated for their effectiveness and feasibility. 5.4 Increase the number of provincial liquor inspectors — currently there are approximately 55 provincial liquor inspectors across Ontario. There are approximately 16,720 liquor licensed establishments which sell and serve beverage alcohol in Ontario (Behnood, 2009). A substantial increase in enforcement personnel would assist in preventing and mediating over- consumption of alcohol and resultant harm (OPHA, 2008). Strategy 6: Utilizing Education and Persuasion Strategies Alcohol and Community-based Violence 29 Public education campaigns can be employed to challenge social norms and counter the acceptability of alcohol-related violence. Some provinces and other countries have initiated education campaigns with some success. Public Health can work with relevant stakeholders and government departments to effect change in this area. Recommendations include: 6.1 Develop evidence-informed educational campaigns - any educational campaign should be part of a more comprehensive health promotion approach involving the 'four pillars' of health promotion theory. For most effective results, members of the target audience should be recruited and engaged throughout the development and implementation process to ensure that messaging is relevant, appropriate, and timely. Strategy 7: Implementing a Violence Management System The collection of needed data has successfully occurred in other countries — primarily in the form of Emergency Department injury data — and is used to inform and create violence prevention initiatives (Warburton & Shepherd, 2006). This is expected to reduce the number of alcohol-related assaults seen in the Emergency Department. Public Health can work with relevant stakeholders and government departments to effect change in this area. Recommendations include: 7.1 Develop a violence management system — the collection of such data may involve the use of Geographic Information System (GIS) technologies by local authorities, public health staff, and enforcement officials who work on violence prevention initiatives. In the same manner, these data can be useful to police for identifying locations where violence and crime are concentrated, and thus, focus the development and implementation of violence prevention initiatives (Warburton & Shepherd, 2006). Strategy 8: Supporting a Provincial Alcohol Strategy CAMH is the lead agency in initiating the formation of a provincial alcohol strategy. To date however, such a strategy has not been implemented. Public Health can work with relevant stakeholders and government departments to effect change in this area. Recommendations include: 8.1 Support a provincial alcohol strategy — the Government of Ontario could look to other provinces which have implemented alcohol strategies. British Columbia (Public Health Approach to Alcohol Policy: An Updated Report from the Provincial Health Officer) and Nova Scotia (Changing the Culture of Alcohol Use in Nova Scotia), have begun to curb alcohol and substance misuse in order to reduce alcohol-related harm. Alcohol and Community-based Violence 30 8.2 Support a provincial violence prevention strategy — the OPHA hosts a Violence Prevention Workgroup that provides direction to violence prevention initiatives. The Government of Ontario, along with community partners, could support such a workgroup in developing a provincial violence prevention strategy. While the majority of the 21 recommendations focus on the controls of alcohol, it is likely that these measures will be sufficient to effectively curb alcohol-related violence. A comprehensive health promotion approach should engage the four important `pillars' of health promotion theory cited below, which balances public order and public health in order to create a safer, healthier community (Smythe & Caverson, 2008). • Prevention — such efforts may include the development and implementation of educational initiatives, social marketing campaigns, curriculum-based resources, and educational advertisements and packages. Such resources can be created to increase awareness, enhance education, and shift social norms around the topic of alcohol and violence. • Treatment — relevant groups, such as Addictions Ontario and the Centre for Addiction and Mental Health (CAMH) already conduct relevant and timely research, while offering needed services on addiction and harm issues. Various local agencies also address alcohol and violence issues from an addiction and treatment perspective. • Harm reduction — the introduction of harm reduction principles should focus on high-risk groups. This may include addressing the physical environments of bars and clubs, introducing server and security staff training, and providing travel alternatives from bars and clubs at reduced costs. • Enforcement- the protection and regulation of provincial laws is an important component of health promotion. Agencies which typically provide these roles may include municipal and provincial police services, the Alcohol and Gaming Commission of Ontario (AGCO) enforcement officers, private security firms, etc. Health promotion action concepts introduced in the Ottawa Charter may also be utilized with the 'four pillars' to strengthen health promotion approaches (WHO, 1986). Such concepts may include: • Building healthy public policy — an important step is the development, implementation, enforcement, and evaluation of policy in relation to alcohol and violence. "Health promotion policy combines diverse but complementary approaches including legislation, fiscal measures, taxation and organizational change" (WHO, 1986). The process of developing such policies should be ongoing and inclusive of all relevant stakeholder groups. Alcohol and Community-based Violence 31 • Strengthening community action / engaging in community mobilization — various stakeholders can be mobilized in planning public health interventions. "At the heart of this process is the empowerment of communities - their ownership and control of their own endeavours and destinies" (WHO, 1986). In relation to alcohol and violence, those who are interested and engaged include regional and/or provincial police services, AGCO enforcement officers, politicians, bar owners, management, and employees, business improvement associations, addiction services, community action groups, non- government organization's and the general public. Please note: A detailed listing of current Ontario alcohol policies are provided in Appendix E to provide current context in regards to this topic area. In addition, the OPHA hosts a Violence Prevention Database of provincial public health programming, as well as position papers and resolutions on violence. Visit www.opha.on.ca to access these resources. Alcohol and Community-based Violence 32 6.0 Conclusion While violence depends on a wide variety of complex factors, this research report illustrates the important role that alcohol plays in the generation of violence. With this knowledge, it is important to recognize that analyzing patterns of alcohol consumption alone may not provide enough context in which alcohol consumption and violence occur. Therefore, a host of variables should be considered when addressing and planning interventions related to alcohol and violence. Future research in the area alcohol-related violence prevention is needed to determine how drink specials, discounted drinks, drink sizes, venue capacity, and venue style may be related to bar violence. Spatial analysis of bar locations would also provide more information about the alcohol-violence link. In addition to the list of physical and social factors that contribute to violence, future policy development would benefit from identifying good management practices as it relates to reducing violence. The literature reviewed clearly indicates that effective alcohol control policies can help control alcohol-related violence. We have outlined eight strategies and 21 recommendations that can be acted on to help control alcohol-related violence. These strategies involve a comprehensive health promotion approach and engage the 'four pillars' of health promotion theory. There is a strong place for Public Health to work with relevant stakeholders and government agencies to effect the changes necessary to reduce alcohol-related harm. To this end, the development, implementation, and evaluation of evidence- informed interventions — including the introduction of alcohol policy as well as the support and development of a provincial violence prevention strategy —will play a positive role in mediating violence. Alcohol and Community-based Violence 33 Appendix A: List of Internet Search Sources Source Website Alcohol Policy Network (APN) www.apolnet.ca/Index.html Association of Local Public Health Agencies www.alphaweb.orq/ (alPHa) Canadian Centre on Substance Abuse (CCSA) www.ccsa.ca Canadian Institute for Health Information (CIHI) www.cihi.ca Centre for Addiction and Mental Health (CAMH) www.camh.net Centre for Addictions Research of British www.carbc.ca/ Columbia (CARBC) Health Canada www.hc-sc.qc.ca Liquor Control Board of Ontario (LCBO) www.lcbo.com Ontario Injury Prevention Resource Centre www.oninjurvresources.ca (OIPRC) Ontario Public Health Association (OPHA) www.opha.on.ca Public Health Agency of Canada (PHAC) www.phac-aspc.gc.ca Statistics Canada www.statcan.qc.ca St. Michael's Hospital www.stmichaelshospital.com World Health Organization (WHO) www.who.int/en/ Alcohol and Community-based Violence 34 Appendix B: Data Extraction Form Title: Reviewer: Source: Author(s): Study Characteristics Year of publication Country of origin Objective Methodology Results Conclusion Type of Document and/or Type of Study Population studied Role/measure of alcohol Definition or measure of violence Relevant Quotations: Limitations: Alcohol and Community-based Violence 35 Appendix C: Library Search Results No. No. Titles Abstracts No. Articles Database No. Hits Chosen Chosen Used PubMed 163 51 19 12 Web of Science 455 105 19 9 (7 overlap with PubMed) Social Sciences 285 40 24 9 Citation Index (SSCI) (2 overlap with Web of Science and 2 overlap with PubMed) CSA: Sociological 112 28 13 2 Abstracts (2 overlap with SSCI) Violence and Abuse 11 1 0 0 Abstracts Reference Lists - - - 8 Grey Literature - - - 1 Total 1,026 225 75 28 Alcohol and Community-based Violence 36 Appendix D: Flow Chart of Included Studies Potentially relevant studies identified and titles screened for retrieval (n= 1,026) Irrelevant study titles excluded, ► based on exclusion criteria (n= 801) • Abstracts retrieved for more detailed evaluation(n=225) ► Irrelevant study abstracts excluded, based on exclusion criteria(n= 150) • Full-length articles retrieved for review(n=75) Irrelevant studies ► excluded,based on exclusion criteria(n=47) Relevant studies from reference lists and grey literature (n=9) • Studies with relevant content included in review (n=28) Alcohol and Community-based Violence 37 Appendix E: Alcohol Policy in Ontario, Canada Advertising restrictions: There are no restrictions on advertising liquor. Alcohol may be advertised outside the establishments through national television, national radio, print media, and billboards. There are also no restrictions for health warnings on advertisements (WHO, 2004). However, there are restrictions on irresponsible alcohol advertising. For instance, the use of terms like "Happy Hour" or "Cheap Drinks" that promote immoderate consumption is prohibited (AGCO, 2009). Age restrictions: The age at which young people are allowed to purchase and drink in Canada is regulated by legislation and enforcement policy in each province and territory. Currently, in most provinces and territories the minimum drinking age is 19 years (AGCO, 2009; Ray et al., 2008; WHO, 2004). The exceptions are Quebec, Manitoba and Alberta, where the minimum drinking age is 18 years. Alcohol consumption: Alcohol consumption is completely banned from public transport, parks, and streets but only partially or voluntarily banned from other settings (WHO, 2004). Alcohol tax: In Ontario, there is a 10% sales tax applied to alcohol purchased from licensed establishments. By comparison, the regular sales tax in Ontario is 8% (AGCO, 2009). Blood alcohol limit for drivers: It is an offence to drive with a blood alcohol content (BAC) of .08% or greater, and to drive while impaired even if one's BAC is less than .08%. All provinces and territories have introduced roadside and/or administrative license suspensions to take effect almost immediately after a driver registers a BAC over the statutory limit or fails to provide a breath sample (Canadian Centre on Substance Abuse, 2008). In Ontario, a three-day license suspension exists for drivers caught with a BAC between 0.05% and 0.08% (Canadian Centre on Substance Abuse, 2008). Hours and days of alcohol sales: In Ontario, the hours that alcohol can be offered for sale are regulated, but not which days of the weeks. 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RECEIVED JAN 24 2010 ( Iowa Department of Transportation District 6 Office PHONE: 319-364-0235 430 Sixteenth Avenue SW FAX: 319-364-9614 Cedar Rapids,IA 52406-3150 January 19, 2011 County Johnson/Linn/Benton/Black Hawk Project No. IMN-380-6(253)0-0E-52 Notification Letter No. 2011-M-114 The Honorable Buck Clark RE: Portland Concrete Cement (PCC) Patching Mayor of Waterloo on 1-380 715 Mulberry Street Waterloo, IA 50703-5783 Dear Mayor Clark: This is official notification to your City Council that the Iowa Department of Transportation (DOT) proposes to let a PCC patching project on 1-380 from 1-80 north to U.S. 218 in Waterloo on March 15, 2011. A part of said project lies within the city. The work will be done in accord with the current Form 810034 "Agreement for Primary Road Extension Maintenance and Operation". Project costs will be paid from the Primary Road Fund and no charges will be made against the City. The project is proposed for construction during 2011. Project Engineer, John Vu P.E., of Cedar Rapids, Iowa, telephone number 319-365-6986, will advise you of the contractors proposed schedule when the information is available. We would appreciate this project notification being included on your next City Council meeting agenda as a matter of information for the Council members. If you have any questions concerning the work involved, please contact this office as soon as possible in order to expedite any possible changes. Sincerely, cb James R. Schnoebelen, P. E. "311 District 6 Engineer Gli�(EV:C11P1vERS \NMERWO,IN cc: John Vu, P.E., Project Eng.- Iowa DOT/Cedar Rapids \ Deanne Popp, Iowa DOT/Local Systems/Ames 'a Bruce Kuehl, P.E., District Constr. Eng.-Iowa DOT/Cedar Rapids Ken Yanna, P.E., Assist. Dist. Eng.-Iowa DOT/Cedar Rapids Heather Gugler, Eng. Tech Sr., Iowa DOT/Cedar Rapids CITY OF WATERLOO Council Communications City Council Meeting: January 18,2011 Prepared: January 11, 2011 Dept. Head Signature: #of Attachments Subject: Convention Center Duct and Coil Cleaning Submitted by: Craig Clark Interim Building Official/Maintenance Administrator Recommend City Council Action: to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, ect. In conjunction with Convention Center Duct and Coil Cleaning be received, placed on file and approved. that specifications, form of contract, ect. In conjunction with Convention Center Duct and Coil Cleaning be received and placed on file that"Resolution preliminarily approving specifications, form of contract, ect. In conjunction with the above described project", be adapted. That"Resolution setting date of hearing on specifications, form of contract, ect. And bid opening as February 7 , 2011 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and Deputy Clerk instructed to publish notice of same. Summary Statement: This is to clean duct system and coils for the HVAC system at the 5 Brothers Convention Center. Proper maintenance of these systems requires periodic cleaning to provide adequate air flow through ducts and coils to maintain proper temperature comfort and air quality which has not been performed since the building was constructed. Expenditure Required: $90,000 is estimate Source of Funds: Background Information: Providing a comfortable and consistent room temperature is important to convention center guests. This is part of a maintenance schedule that should be implemented and followed in order to provide for a more pleasant experience. HVAC Cleaning Project- General Specifications City of Waterloo Iowa Five Sullivan Brothers Convention Center 4th Street and Sycamore Waterloo, Iowa 50701 Contents Part 1 -- Special Provisions 1.01 Qualification of the HVAC System Cleaning Contractor (A) Certification (B) Supervisor Qualifications (C) Experience (D) Equipment, Materials and Labor (E) Licensing 1.02 Standards (A) NADCA Standards 1.03 Documents (A) Mechanical Drawings Part 2 -- HVAC System Cleaning Specifications and Requirements 2.01 Scope of Work (A) Scope (B) General 2.02 HVAC System Inspections and Site Preparations (A) HVAC System Evaluation (B) Site Evaluation and Preparations 2.03 General HVAC System Cleaning Requirements (A) Containment (B) Particulate Collection (C) Controlling Odors (D) Component Cleaning (E)Air-Volume Control Devices (F) Service Openings (G) Ceiling sections (tile) (H)Air distribution devices (registers, grilles & diffusers) (I)Air handling units, terminal units, blowers, and exhaust fans (J) Duct Systems 2.04 Health and Safety (A) Safety Standards (B) Occupant Safety (C) Disposal of Debris 2.05 Mechanical Cleaning Methodology (A) Source Removal Cleaning Methods (B) Methods of Cleaning Fibrous Glass Insulated Components (C) Damaged Fibrous Glass Material (D) Cleaning of coils (E) Biocidal Agents and Coatings 2.06 Cleanliness Verification (A) General (B)Visual Inspection (C) Gravimetric Analysis (D) Verification of Coil Cleaning 2.07 Pre-Existing System Damage 2.08 Post-Project Report 2.09 Applicable Standards and Publications Part 3—Other Contractors Requirements 3.01 Other Requirements 3.02 Other Bidding Requirements 3.03 Payment 1 NADCA General Specifications Part 1 -- Special Provisions 1.01 Qualification of the HVAC System Cleaning Contractor: (A) Certification: The HVAC system cleaning contractor shall have a minimum of one each: one (1) Air System Cleaning Specialist (ASCS) and one (1) Ventilation Systems Mold Remediator (VSMR) certified by NADCA on a full time basis, or shall have staff certified by a nationally recognized certification program and organization dedicated to the cleaning and mold remediation of HVAC systems. (B) Supervisor Qualifications: A person certified as an ASCS by NADCA, or maintaining an equivalent certification by a nationally recognized program and organization, shall be responsible for the total work herein specified. (C) Experience: The HVAC system cleaning contractor shall submit records of experience in the field of HVAC system cleaning as requested by the City of Waterloo- Five Sullivan Brothers Convention Center. Bids shall only be considered from firms, which are regularly engaged in HVAC system maintenance with an emphasis on HVAC system cleaning, mold remediation and decontamination. (D) Equipment, Materials and Labor: The HVAC system cleaning contractor shall possess and furnish all necessary equipment, materials and labor to adequately perform the specified services. 1. The contractor shall assure that its employees have received safety equipment training, medical surveillance programs, individual health protection measures, and manufacturer's product and material safety data sheets (MSDS) as required for the work by the U.S. Occupational Safety and Health Administration, and as described by this specification. 2. The contractor shall maintain a copy of all current MSDS documentation and safety certifications at the site at all times, as well as comply with all other site documentation requirements of applicable OSHA programs and this specification 3. Contractor shall submit to The City of Waterloo- Five Sullivan Brothers Convention Center all Material Safety Data Sheets (MSDS) for all chemical products proposed to be used in the cleaning process. (E) Licensing: The HVAC system-cleaning contractor shall provide proof of maintaining the proper license(s), if any, as required to do work in this state. Contractor shall comply with all Federal, state and local rules, regulations, and licensing requirements. 1.02 Standards 2 (A) NADCA Standards: The HVAC system cleaning contractor shall perform the services specified here in accordance with the current published standards of the National Air Duct Cleaners Association (NADCA). 1. All terms in this specification shall have their meaning defined as stated in the NADCA Standards. 2. NADCA Standards must be followed with no modifications or deviations being allowed. 1.03 Documents (A) Mechanical Drawings: The City of Waterloo- Five Sullivan Brothers Convention Center shall provide the HVAC system-cleaning contractor with one copy of the following documents: 1. Project drawings and specifications 2. Approved construction revisions pertaining to the HVAC system 3. Any existing indoor air quality (IAQ) assessments or environmental reports prepared for the facility. Part 2 -- HVAC System Cleaning Specifications and Requirements 2.01 Scope of Work (A) Scope: This section defines the minimum requirements necessary to render HVAC components clean, and to verify the cleanliness through inspection and/or testing in accordance with items specified herein and applicable NADCA Standards. The Contractor shall be responsible for the removal of visible surface contaminants and deposits from within the HVAC system in strict accordance with these specifications. The HVAC system includes any interior surface of the facility's air distribution system for conditioned spaces and/or occupied zones. This includes the entire heating, air- conditioning and ventilation system from the points where the air enters the system to the points where the air is discharged from the system. The return air grilles, return air ducts (except ceiling plenums) to the air handling unit (AHU), the Mechanical room (if part of the return air system), supply air ducts, turning vanes, filters, filter housings, VAV/ CAV mixing boxes, balancing/ noise reduction boxes, reheat coils, supply diffusers, and Outside air ductwork/intakes (O.A.) are all considered part of the HVAC system cleaning specification. The interior surfaces of the AHU's and/or RTU's, including fans, coils, condensate pans and drains are not included in this specification. Please submit an alternate quote (Labeled-Alternate #1-AHU and /or RTU cleaning) for consideration by the owner/agent. 2.02 HVAC System Inspections and Site Preparations (A) HVAC System Evaluation: Prior to the commencement of any cleaning work, the HVAC system cleaning contractor shall perform a visual inspection of the HVAC system to determine appropriate methods, tools, and equipment required to satisfactorily complete this project. 3 1. Damaged system components found during the inspection shall be documented and brought to the attention of the owner/agent. (B) Site Evaluation and Preparations: Contractor shall conduct a site evaluation, and establish a specific, coordinated plan which details how each area of the building will be protected during the various phases of the project. 2.03 General HVAC System Cleaning Requirements (A) Containment: Debris removed during cleaning shall be collected and precautions must be taken to ensure that Debris is not otherwise dispersed outside the HVAC system during the cleaning process. (B) Particulate Collection: Where the Particulate Collection Equipment is exhausting inside the building, HEPA filtration with 99.97% collection efficiency for 0.3-micron size (or greater) particles shall be used. When the Particulate Collection Equipment is exhausting outside the building, Mechanical Cleaning operations shall be undertaken only with Particulate Collection Equipment in place, including adequate filtration to contain Debris removed from the HVAC system. When the Particulate Collection Equipment is exhausting outside the building, precautions shall be taken to locate the equipment down wind and away from all air intakes and other points of entry into the building. (C) Controlling Odors: All reasonable measures shall be taken to control offensive odors and/or mist vapors during the cleaning process. (D) Component Cleaning: Cleaning methods shall be employed such that all HVAC system components must be Visibly Clean as defined in applicable standards (see NADCA Standards). Upon completion, all components must be returned to those settings recorded just prior to cleaning operations. (E) Air-Volume Control Devices: Dampers and any air-directional mechanical devices inside the HVAC system must have their position marked prior to cleaning and, upon completion, must be restored to their marked position. (F) Service Openings: The contractor shall utilize service openings, as required for proper cleaning, at various points of the HVAC system for physical and mechanical entry, and inspection. 1. Contractor shall utilize the existing service openings already installed in the HVAC system where possible. 2. Other openings shall be created where needed and they must be created so they can be sealed in accordance with industry codes and standards. 3. Closures must not significantly hinder, restrict, or alter the airflow within the system. 4. Closures must be properly insulated to prevent heat loss/gain or condensation on surfaces within the system. 5. Openings must not compromise the structural integrity of the system. 4 6. Construction techniques used in the creation of openings should conform to requirements of applicable building and fire codes, and applicable NFPA, SMACNA and NADCA Standards. 7. Cutting service openings into flexible duct is not permitted. Flexible duct shall be disconnected at the ends as needed for proper cleaning and inspection. 8. Rigid fiberglass ductboard duct systems shall be resealed in accordance with NAIMA recommended practices. Only closure techniques, which comply with UL Standard 181 or UL Standard 181 a, are suitable for fiberglass duct system closures. 9. All service openings capable of being re-opened for future inspection or remediation shall be clearly marked and shall have their location reported to ACT in project report documents. (G) Ceiling sections (tile): The contractor may remove and reinstall ceiling sections to gain access to HVAC systems during the cleaning process. (H) Air distribution devices (registers, grilles & diffusers): The contractor shall clean all air distribution devices. (I) As applicable-"(see Part 2- 2.01 Scope of Work) -Air handling units, VAV/CAV Mixing boxes, balance/ noise reduction boxes, supply fans, exhaust fans, and return fans: The contractor shall insure that supply, exhaust, and return fans and blowers are thoroughly cleaned. Areas to be cleaned include blowers, fan housings, plenums (except ceiling supply and return plenums), scrolls, blades, or vanes, shafts, baffles, dampers and drive assemblies. All visible surface contamination deposits shall be removed in accordance with NADCA Standards. Contractor shall: 1. Clean all air handling unit (AHU) internal surfaces, components and condensate collectors and drains. 2. Assure that a suitable operative drainage system is in place prior to beginning wash down procedures. 3. Clean all coils and related components, including evaporator fins. (J) Duct Systems: Contractor shall: 1. Create service openings in the system as necessary in order to accommodate cleaning of otherwise inaccessible areas. 2. Mechanically clean all duct systems to remove all visible contaminants, such that the systems are capable of passing Cleaning Verification Testings (see NADCA Standards). 2.04 Health and Safety (A) Safety Standards: Cleaning contractors shall comply with all applicable federal, state, and local requirements for protecting the safety of the contractors' employees, building occupants, and the environment. In particular, all applicable standards of 5 the Occupational Safety and Health Administration (OSHA) shall be followed when working in accordance with this specification. (B) Occupant Safety: No processes or materials shall be employed in such a manner that they will introduce additional hazards into occupied spaces. (C) Disposal of Debris: All Debris removed from the HVAC System shall be disposed of in accordance with applicable federal, state and local requirements. 2.05 Mechanical Cleaning Methodology (A) Source Removal Cleaning Methods: The HVAC system shall be cleaned using Source Removal mechanical cleaning methods designed to extract contaminants from within the HVAC system and safely remove contaminants from the facility. It is the contractor's responsibility to select Source Removal methods which will render the HVAC system Visibly Clean and capable of passing cleaning verification methods (See applicable NADCA Standards) and other specified tests, in accordance with all general requirements. No cleaning method, or combination of methods, shall be used which could potentially damage components of the HVAC system or negatively alter the integrity of the system. 1. All methods used shall incorporate the use of truck mounted/powered vacuum collection devices that are operated continuously during cleaning. A vacuum device shall be connected to the downstream end of the section being cleaned through a predetermined opening. The vacuum collection device must be of sufficient power to render all areas being cleaned under negative pressure, such that containment of debris and the protection of the indoor environment is assured. No portable vacuum equipment is to be used on this project without the expressed authorization of the owner/agent. 2. All vacuum devices exhausting air inside the building shall be equipped with HEPA filters (minimum efficiency), including hand-held vacuums and wet-vacuums. 3. All vacuum devices exhausting air outside the facility shall be equipped with Particulate Collection including adequate filtration to contain Debris removed from the HVAC system. Such devices shall exhaust in a manner that will not allow contaminants to re-enter the facility. Release of debris outdoors must not violate any outdoor environmental standards, codes or regulations. 4. All methods require mechanical agitation devices to dislodge debris adhered to interior HVAC system surfaces, such that debris may be safely conveyed to vacuum collection devices. Acceptable methods will include those, which will not potentially damage the integrity of the ductwork, nor damage porous surface materials such as liners inside the ductwork or system components. (B) Methods of Cleaning Fibrous Glass Insulated Components: 1. Fibrous glass thermal or acoustical insulation elements present in any equipment or ductwork shall be thoroughly cleaned with HEPA vacuuming equipment, while the HVAC system is under constant negative pressure, and not permitted to get wet in accordance with applicable NADCA and NAIMA standards and recommendations. 6 2. Cleaning methods used shall not cause damage to fibrous glass components and will render the system capable of passing Cleaning Verification Tests (see NADCA Standards). (C) Damaged Fibrous Glass Material 1. If there is any evidence of damage, deterioration, delamination, friable material, mold or fungus growth, or moisture such that fibrous glass materials cannot be restored by cleaning or resurfacing with an acceptable insulation repair coating, they shall be identified for replacement. 2. When requested or specified, Contractor must be capable of remediating exposed damaged insulation in air handlers and/or ductwork requiring replacement. 3. Replacement material: In the event fiberglass materials must be replaced, all materials shall conform to applicable industry codes and standards, including those of UL and SMACNA. Removal and/or Replacement of damaged insulation is not covered by this specification. (D) Cleaning of coils 1. Any cleaning method may be used which will render the Coil Visibly Clean and capable of passing Coil Cleaning Verification (see applicable NADCA Standards). Coil drain pans shall be subject to Non-Porous Surfaces Cleaning Verification. The drain for the condensate drain pan shall be operational. Cleaning methods shall not cause any appreciable damage to, displacement of, inhibit heat transfer, or erosion of the coil surface or fins, and shall conform to coil manufacturer recommendations when available. Coils shall be thoroughly rinsed with clean water to remove any latent residues. (E) Biocidal Agents and Coatings 1. Biocidal agents shall only be applied if active fungal growth is reasonably suspected, or where unacceptable levels of fungal contamination have been verified through testing. 2. Application of any biocidal agents used to control the growth of fungal or bacteriological contaminants shall be performed after the removal of surface deposits and debris. 3. Only biocidal agents registered by the U.S. Environmental Protection Agency (EPA) specifically for use within HVAC system shall be used. 4. Biocidal agents shall be applied in strict accordance with manufacturer's instructions. 5. Biocidal coating products for both porous and non-porous surfaces shall be EPA registered, water soluble solutions with supporting efficiency data and MSDS records. 7 6. Biocidal coatings shall be applied according to manufacturer's instructions. Coatings shall be sprayed directly onto interior ductwork surfaces, rather than "fogged" downstream onto surfaces. A continuous film must be achieved on the surface to be treated by the coating application. Application of any biocidal coatings shall be in strict accordance with manufacturer's minimum millage surface application rate standards for effectiveness. *If the application of Biocidal coatings is recommended or required, this is considered as an addition to this specification. Proper notification and acceptance of any proposed changes must be approved by the owner/agent prior to commencement of such services. 2.06 Cleanliness Verification (A) General: Verification of HVAC System cleanliness will be determined after mechanical cleaning and before the application of any treatment or introduction of any treatment-related substance to the HVAC system, including biocidal agents and coatings. (B) Visual Inspection: The HVAC system shall be inspected visually to ensure that no visible contaminants are present. 1. If no contaminants are evident through visual inspection, the HVAC system shall be considered clean; however, The City of Waterloo- Five Sullivan Brothers Convention Center reserves the right to further verify system cleanliness through gravimetric or wipe testing analysis testing as specified herein. 2. If visible contaminants are evident through visual inspection, those portions of the system where contaminants are visible shall be re-cleaned and subjected to re-inspection for cleanliness. (C) Gravimetric Analysis: At the discretion and expense of owner/agent, sections of the HVAC system may be tested for cleanliness using the NADCA Vacuum Test (gravimetric analysis) as specified in applicable NADCA Standards. Levels of debris collected shall be equal to or less than acceptable levels defined in applicable NADCA Standards. 1. If gravimetric analysis determines that levels of debris are equal to or lower than those levels specified in applicable NADCA standards, the system shall be considered clean and shall have passed cleanliness verification. 2. If gravimetric analysis determines that levels of debris exceed those specified in applicable NADCA standards, the system shall not be considered clean and those sections of the system which failed cleanliness verification shall be re-cleaned at the expense of the HVAC system cleaning contractor. 3. Gravimetric analysis shall be performed by a qualified third party experienced in testing of this nature. 4. Cleanliness verification shall be performed immediately after mechanical cleaning and before the HVAC system is restored to normal operation. 8 (D) Verification of Coil Cleaning 1. Cleaning must restore the coil pressure drop to within 10 percent of the pressure drop measured when the coil was first installed. If the original pressure drop is not known, the coil will be considered clean only if the coil is free of foreign matter and chemical residue, based on a thorough visual inspection (see NADCA Standards). 2.07 Pre-Existing System Damage (A) Contractor is not responsible for problems resulting from prior inappropriate or careless cleaning techniques of others. 2.08 Post-Project Report (A) At the conclusion of the project, the Contractor shall provide a report to The City of Waterloo- Five Sullivan Brothers Convention Center indicating the following: 1. Success of the cleaning project, as verified through visual inspection and/or gravimetric analysis. 2. Areas of the system found to be damaged and/or in need of repair. 2.09 Applicable Standards and Publications --The following current standards and publications of the issues currently in effect form a part of this specification to the extent indicated by any reference thereto: (A) National Air Duct Cleaners Association (NADCA): NADCA 1992-01, "Mechanical Cleaning of Non-Porous Air Conveyance System Components," 1992 (B) National Air Duct Cleaners Association (NADCA): "Understanding Microbial Contamination in HVAC Systems," 1996. (C) National Air Duct Cleaners Association (NADCA): "Introduction to HVAC System Cleaning Services," 1995. (D) National Air Duct Cleaners Association (NADCA) NADCA Standard 05 "Requirements for the Installation of Service Openings in HVAC Systems," 1997. (E) Underwriters' Laboratories (UL): UL Standard 181 (F) American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE): Standard 62-89, "Ventilation for Acceptable Indoor Air Quality" (G) Environmental Protection Agency (EPA): "Building Air Quality" December, 1991 (H) Sheet Metal and Air Conditioning Contractors' National Association (SMACNA): "HVAC Duct Construction Standards - Metal and Flexible," 1985 9 (I) North American Insulation Manufacturers Association (NAIMA): "Cleaning Fibrous Glass Insulated Air Duct Systems." 1993 (J) ACR 2006 "Assessment, Cleaning and Restoration of HVAC Systems" 2006. Part 3—Other Contractors Requirements 3.01 Other Requirements (A) The contractor will be issued dates for the previously scheduled events at the 5 Brothers Convention Center and will schedule their work around those dates. Any exceptions will need to be approved by all parties. 3.02 Other Bidding Requirements (A) All contractors must attend a pre-bid meeting at the 5 Brothers Convention Center on January 27, 2011 at 1:00 pm. (B) Sealed bids are due at the Waterloo City Clerks Office by 3:00 pm February 7, 2011 and clearly labeled CONVENTION CENTER DUCT AND COIL CLEANING. (C) Bids will be opened at the Waterloo City Council meeting on February 7, 2011 at 5:30 pm. In the City Council Chambers, Waterloo City Hall. (D)The project will be awarded to the lowest responsible bidder. (E) Bidder shall provide insurance and a payment/performance bond for the total bid price of the project. (F) Successful bidder will submit written contract for review within three (3) days of bid award. (G)Work will not commence until contract has been signed and payment/performance bond and insurance have been submitted. (H) Scheduled (I) Completion date will be no later than June 1, 2011 3.03 Payment (A) A five percent (5%) retainage will affect all billings. (B) Retainage shall be paid within thirty (30) days of job acceptance. Any questions about this project may be directed to Joel Shepard (319) 493-1137 or (319) 230- 8317 10 • STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1340836 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/04/2011, in the issues of 02/04/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer' s Bill $18 . 23 (1)`6-6/ NOTICE OF PUBLIC B HEARINGN SignedP:(Z)--- AND NOTICE TO g for the taking of bids for FIVE SULLIVAN BROTHERS CONVEN- TION CENTER DUCT AND COIL CLEANING Sealed proposals will be received by the Subscribed and sworn to before me this City Clerk of the City of Waterloo,Iowa, at hr office in the City Hally said City onthe 7t day of February,of2011,until 3:00 p.m.,for the Five Sullivan Brothers day of �D' ( Convention Center Duct and Coil Cleaning. ----^� `-;-�--- g9 .�+�, �t pp All proposals received will be opened in �y ua d v E the Council Chambers in the City Flail in /": ' the City of Waterloo,Iowa,on the 7th day COMMISSION NO.761976 or, -�;W ,,o P 4118vlA4107 EXPIRES p February,2a1 t,at 5:30n at that Bider or n �. 07 ac (e 1_j at sucl willeea may uponbe time or > at such time as then fixed. Notice Is hereby given that the Council of 44143 the City of Waterloo will conduct a public Notary Pu lic hearing on the proposed specifications, form of contract,etc.for the Five Sullivan Brothers Convention Center Duct and Coil Cleaning at 5:30 p.m.on February 7,2011,in the Council Chambers in the Received of City Hall In the City of Waterloo,Iowa. The proposed bid form is on file in the of- fice of the City Clerk for public examination. A bid document may be the sum of Dollars obtainedfromtheBuildingOffi- in full for publication of the above invoice . Mulberry Street,Waterloo, Iowa, Mulberry Street,Waterloo,Iowa,50703. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. Notary Seal : Bynrdernf the CounciLgaho-Cd1o_fWa- terloo this 18th day of January,2011`-- Suzy Schares Deputy City Clerk Five Sullivan Brothers Convention Center Duct and Coil Cleaning February 7, 2010 Bid Tab Estimate: $90,000.00 Bid Bond Not Required Bidder Bid Amount Americlean S) 1+ 4 6% Se) 1410 Rockford Rd SW Cedar Rapids, IA 52404 > iS Q (QD RESOLUTION NO. 2011-73 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE FIVE SULLIVAN BROTHERS CONVENTION CENTER DUCT AND COIL CLEANING. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Interim Building Official/Maintenance Administrator of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Five Sullivan Brothers Convention Center Duct and Coil Cleaning, in the City of Waterloo, Iowa, and WHEREAS, said Interim Building Official/Maintenance Administrator did file said preliminary specifications, bid document, form of contract, estimate of cost, etc. in conjunction with the Five Sullivan Brothers Convention Center Duct and Coil Cleaning, which were preliminarily approved by Resolution No. 2011-47 on January 18, 2011, and WHEREAS, a public hearing, upon notice, was held on February 7, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. in conjunction with the Five Sullivan Brothers Convention Center Duct and Coil Cleaning, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 7th day of February, 2011 . Ernest G. Clark, Mayor ATTEST: uzy Scha es, CMC City Clerk I1 RESOLUTION NO. 2011-74 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE FIVE SULLIVAN BROTHERS CONVENTION CENTER DUCT AND COIL CLEANING. WHEREAS, by Resolution No. 2011-73, specifications, bid document, form of contract, etc. , in conjunction with the Five Sullivan Brothers Convention Center Duct and Coil Cleaning, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on February 7, 2011 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said specifications. PASSED AND ADOPTED this 7th day of February, 2011. 42-*t- &g..ti.e Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk „u CITY OF WATERLOO , IOWA flk/41 .,, COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 %rjoo 'a NC)f ?.C ANDERSON,Carnmmtxry Planning&Drvrinpmrnt I)irrdnr CITY OF WATERLOO ary.. ! d/ BUCK 1iwy 226 t( CLARK Council Communication City Council Meeting: January 17, 2010 COUNCII Prepared: January 12, 2011 'CC) MEMBER Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 DAVID SUBJECT: Set a date of hearing for approval of a Development Agreement for JONEs Black Hawk Contractingand Development includingthe sale and conveyance of city- owned rv,Lrr� P Inc., Y property, on East 8th Street from Lafayette to Sycamore Streets, for the construction CARO', of 5 new single-family homes. COLE, WW'Al Submitted by: Noel Anderson, Community Planning & Development Director tlARot"D Recommended City Council Action: Set date of hearing, resolution approving GETTY �. .� Development Agreement. QUEN1 N Summary Statement: Black Hawk Contracting & Development is working with the City of LIAR! Waterloo and through the State of Iowa Single Family Construction Round One Program for rya,/I new construction in the East 8th Street area. This Development Agreement will require the RON construction of five new single-family homes on the half-block of land to be conveyed by the WELDER City of Waterloo on the eastern side of East 8th Street, spanning from Lafayette Street to ward 5 Sycamore Street. BOB These homes would have values of$150,000 and the eligible homebuyers must be GREENWOOD approved for a bank loan based on the credit, financing, job history, etc. of a standard home '`Lat:t' mortgage loan. The State program will help with some down payment assistance for eligible SFEVE applicants that also meet the income thresholds. SCHMIT`f This will be a great improvement to this area, and hopefully help in the City's efforts to gain interested developers for the riverfront housing initiative. Expenditure Required: NA. Source of Funds: NA Policy Issue: Sale of Property. This request would meet the Sale of Property Policy guidelines. Alternative: Not sell land. Background Information: The City of Waterloo acquired property in this area for new hosing opportunities near Downtown Waterloo, and along the Riverfront of the Cedar River. CITY WEBSITE,: www.ci,waterlon.ia.us r' WE'RE q EORKINGeORO An l V ActionEmployer BLACK HAWK CONTRACTING & DEVELOPMENT CO. CONTRACTING REAL ESTATE DEVELOPMENT October 28, 2010 �.eeqq • r c City of Waterloo E T• I Planning &t Zoning OGT 2 ? ;O Attn: Noel Anderson 715 Mulberry Street Waterloo, Iowa 50703 a . Dear Noel: I am requesting that Block 18, Original Plat, Waterloo East, be transferred to Black Hawk Contracting Et Development for construction of five (5) new IDED single family homes. These homes have.been awarded in Round 1 of this program. This block is known as E. 8th street between Sycamore and Lafayette. I have enclosed a set of plans, a picture of the two story home, and a streetscape of the homes as they will appear in the development. As you know, we are awaiting the appraisal from Veridian and the comps to support the pricing and the development. We have buyers waiting for their completion. I would ask that you forward this request to Council for their action. If you have any questions, please call at 319-232-4663. Thank you for your attention to this matter. Sincerely, Johii Rooff -B1-1CD, Inc 1509 Commercial Street PC Box 295 Waterioo, Iowa 50704 Call: 319-232-4663 Fax: 319-234-8009 E-Mail: rinv295@aoi.com Exhibit "A" Legal Descriptions — Properties to be Conveyed ORIGINAL PLAT, WATERLOO EAST, BLOCK 18, LOT 2, and ORIGINAL PLAT, WATERLOO EAST, BLOCK 18, LOT 3, and ORIGINAL PLAT, WATERLOO EAST, BLOCK 18, LOT 6, and ORIGINAL PLAT, WATERLOO EAST, BLOCK 18, LOT 7, and ORIGINAL PLAT, WATERLOO EAST, BLOCK 18, LOT 10; all in the City of Waterloo, Black Hawk County, State of Iowa y.F + ° ,{ ` r ,-: n f °X'fi� mot. �xx. f- ♦ S " „ye . �� y 1 .. 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Printer' s Bill $15 . 19 Signe ntitd\ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 7th day of February,2011,at 5:30 p.m.,in n Subscribed and sworn to before me this the Council Chambers Iowa,the City of Waterloo,Iowa,a public hear- ing will be held by the Council of the City CC7JO day of w 7 of Waterloo,Iowa,on a proposed Devel- opment Agreement with Black Hawk r 1 Contracting and Development Co.to sell and convey for$1.00 city-owned proper- �E ,-..-- ty generally located on East 8th Street- 7-t��e 4T, �a�. 6 t Lafayette and Sycamore ve(5)nSVeinglfor 99 _ the construction of five ib new follows: �F G!' � 761976 tally homes,legally described as follows: q r-- ,1a 1, - ;FIRES Original Plat,Waterloo East,Block 18, Lo/�\ �`-°'` �" ' t�TT'T-- nd Original Plat,Waterloo East,Block 18, Notary Publi \ Lot 3,and ,`J/ Original Plat,Waterloo East,Block 18, Lot6,and Original Plat,Waterloo East,Block 18, Lot7,and Original Plat;Waterloo East,Block 18, Received of Lot 10,all in the City of Waterloo,Black Hawk County,Iowa. Anyone who is interested may appear at the sum of Dollars said time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the in full for publication of the above invoice . date set for said hearing. By order of the Council of the City of Wa- terloo this 18th day of January,2011. Suzy Schares Deputy City Clerk Notary Seal : 6 RESOLUTION NO. 2011-75 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CITY-OWNED PROPERTY GENERALLY LOCATED ON EAST 8TH STREET FROM LAFAYETTE TO SYCAMORE STREETS FOR $1 . 00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property in the sum of $1 . 00, plus costs, has been made by Black Hawk Contracting and Development, Co. , and WHEREAS, a public hearing was held on February 7, 2011, at 5 : 30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Black Hawk Contracting and Development, Co. , and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : 1. The following described real property, as fully described in the published notice in the Waterloo Courier on February 4, 2011, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2 . That the offer of Black Hawk Contracting and Development, Co. to purchase real property for the sum of $1 . 00, and costs, be and it is hereby accepted for real property described below: Original Plat, Waterloo East, Block 18, Lot 2, and Original Plat, Waterloo East, Block 18, Lot 3, and Original Plat, Waterloo East, Block 18, Lot 6, and Original Plat, Waterloo East, Block 18, Lot 7, and Original Plat, Waterloo East, Block 18, Lot 10, all in the City of Waterloo, Black Hawk County, State of Iowa; for $1. 00, plus costs. 3. That the City of Waterloo, Iowa, convey said parcels of real property to Black Hawk Contracting and Development, Co. by deed. 4 . That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Black Hawk Contracting and Development, Co. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council . 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Black Hawk Contracting and Development, Co. upon receipt of the sum of $1 . 00, and costs. Resolution No. 2011-75 Page 2 PASSED AND ADOPTED this 7th day of February, 2011 . //%11--1/1 /11(41 Ernest G. Clark, Mayor ATTEST : Suzy Scha es, CMC City Clerk RESOLUTION NO. 2011-76 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH BLACK HAWK CONTRACTING AND DEVELOPMENT CO. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated February 7, 2011, for the sale and conveyance of city-owned property generally located on East 8th Street from Lafayette to Sycamore Streets, for the construction of five (5) new single-family homes, by and between Black Hawk Contracting and Development Co. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of February, 2011. E:Le.44140nX, Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting:January 26, 2011 Prepared: Michelle Westphal _ Dept. Head Signature: 6 # of Attachments: 36 SUBJECT: Resolution supporting the City of Cedar Falls 2020 plan as follows: • to be collaborative in improving effectiveness and efficiency of local government and municipal services; • to maintain and enhance collaboration with educational, regional and governmental partners; • to continue communicating existing cooperative efforts and promote potential cooperative areas with other governmental agencies; • and to continue to work cooperatively with the City of Waterloo in maintaining a modern, efficient airport and to secure additional regional airlines if possible. Submitted by: Mayor Clark Recommended City Council Action: Resolution Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: 1 4 ye;,- aU t F 4 - I Partnership Agreement Cedar Falls 2020 — . ,k Progressing Together for a Brighter Future LE ,'C Our organization is pleased to endorse the Cedar Falls 2020 Plan with the .' , hope that Cedar Falls will indeed increase its long-term vitality through the .. collective and collaborative efforts of many individuals and groups. We pledge our support, cooperation and collaboration toward this end. k LS We have adopted the specific objectives in the Cedar Falls 2020 Plan for which we are identified as the lead entity. City of Waterloo Organization `' t! Signature Date IN; E ffi HI On behalf of the Strategic Planning Team, we sincerely appreciate your organization's leadership in achieving specific objectives included in the Cedar Falls 2020 Plan, z Jim Kreig and Dean Senchina Cedar Falls 2020 Strategic Planning Team Chairs RESOLUTION NO. 2011-77 RESOLUTION SUPPORTING THE CITY OF CEDAR FALLS 2020 PLAN. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City of Waterloo pledges support, cooperation, and collaboration with the City of Cedar Falls with its 2020 Strategic Plan. PASSED AND ADOPTED this 7th day of February, 2011 . aci rnest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: January 31, 2011 Prepared: January 25,2011 Dept. Head Signature: # of Attachments: SUBJECT: Acceptance of CDW-G Quote for computers Submitted by: Chief Trelka Recommended City Council Action:Acceptance of Quotes Summary Statement: Purchase of laptops and related hardware needed to complete project for paperless system for ambulance reporting Expenditure Required: $37,526.35 Source of Funds: Black Hawk County Gaming Grant Policy Issue Alternative Background Information: We applied for the Black Hawk County Gaming Grant and were awarded$70,000.00 in September. The software was purchased earlier this month. This quote is the State bid from CDW G that is also used by the Police department. A CDWG.com 800394.4239 OE400SPS4% ► SALES QUOTATION QUOTE NO. ACCOUNT NO. DATE BXCP777 11553404 1/18/2011 SHIP TO: BILL TO: WATERLOO FIRE AND RESCUE BARB MCBRIDE Attention To: BARB MCBRIDE 425E 3RD ST 425E 3RD ST Accounts Payable WATERLOO, IA 50703-3511 WATERLOO,IA 50703-3511 Contact:BARBARA MCBRIDE 319.291.4460 Customer Phone#319.291.4460 Customer P.O.#TESSCO EXT ANTENNA ACCOUNT MANAGER SHIPPING METHOD TERMS EXEMPTION CERTIFICATE CASEY CRONIN 877.495.7178 UPS Ground(1-2 day) MasterCardNisa Govt GOVERNMENT QTY ITEM NO. DESCRIPTION UNIT PRICE - EXTENDED PRICE 7 212667. TESSCO TRI BAND SURFACE MNT, BLK 89.05 623.35 Mfg#:SM-U15-1A2ABL Contract:National Joint Powers Alliance 111309-CDW SUBTOTAL 623.35 FREIGHT 0.00 TAX 0.00 US Currency TOTAL 4 623.35 CDW Government Please remit payment to: CDW Government 230 North Milwaukee Ave. ',/ 75 Remittance Drive Vernon Hills, IL 60061 Suite 1515 Phone: 847.371.5000 Fax:7054675 Chicago, IL 6 06 7 5-1 51 5 CDWG.com 800.594.4239 OE400SPS ti SALES QUOTATION BXCM977 11553404 1/18/2011 SHIP TO: WATERLOO FIRE AND RESCUE BILL TO: Attention To: BARB MCBRIDE BARB MCBRIDE 425 E 3RD ST 425 E 3RD ST WATERLOO, IA 50703-3511 Accounts Payable Contact: BARBARA WATERLOO, IA 50703-3511 MCBRIDE 319.291.4460 Customer P.O.#GAMBER MOUNTS Customer Phone#319.291.4460 QUOTE ACCOUNT MANAGER SHIPPING METHOD TERMS EXEMPTION CERTIFICATE CASEY CRONIN 877.495.7178 DROP SHIP-GROUND MasterCardNisa Govt GOVERNMENT QTY ITEM NO. DESCRIPTION UNIT PRICE EXTENDED PRICE 7 186718 GAMBER JOHNSON DOCK 500.00 3,500.00 Mfg#:7160-0207-02 Contract:MARKET 7 184704• GAMBER JOHNSON LOCKING SLIDE ARM 137.00 959.00 Mfg#: 7160-0220 Contract:MARKET 7 180437 GAMBER HORIZONTAL SURFACE BASE 19.00 133.00 Mfg#: DS-56 Contract:MARKET 7 123128 GAMBER EXTERNAL MOUNT POWER SUPPLY 109.00 763.00 Mfg#: 11798 Contract:MARKET SUBTOTAL 5,355.00 FREIGHT 0.00 TAX 0.00 ♦ _ US Currency TOTAL a 5,355.00 Please remit payment to: CDW Government CDW Government 230 North Milwaukee Ave. 75 Remittance Drive Vernon Hills, IL 60061 Suite 1515 Phone:847.371.5000 Fax:7054675 Chicago, IL 60675-1515 CDWG,com 1800.594.42M OE400SPS a 1 SALES QUOTATION BWSG264 11553404 1/5/2011 SHIP TO: BILL TO: WATERLOO FIRE AND RESCUE BARB MCBRIDE Attention To: BARB MCBRIDE 425E 3RD ST 425E 3RD ST Accounts Payable WATERLOO, IA 50703-3511 WATERLOO, IA 50703-3511 Contact: BARBARA MCBRIDE 319.291.4460 Customer Phone#319.291.4460 Customer P.O.#PAN CF19 QUOTE ACCOUNT MANAGER SHIPPING METHOD TERMS EXEMPTION CERTIFICATE CASEY CRONIN 877.495.7178 FEDEX Ground MasterCardNisa Govt GOVERNMENT QTY ITEM NO. DESCRIPTION UNIT PRICE EXTENDED PRICE 7 225904 BTO PAN TB 19 15-540UM 160GB 2GB W7 3,640.00 25,480.00 Mfg#:CF-19RFRC61M Contract:MARKET 7 488805 PAN TOUGHBOOK WARRANTY PRO PLUS 5YR 615.00 4,305.00 Mfg#:CF-SVCLTNF5Y Contract: MARKET Electronic distribution-NO MEDIA 7 20906401 PANASONIC LIND 120W 12-32V CAR ADAPT 102.00 714.00 Mfg#: CF-LNDDC120 Contract:MARKET 5 1075703 PANASONIC BATT F/CF-19 156.60 783.00 Mfg#: CF-VZSU48U Contract:MARKET 7 1569627 EDGE 2GB PC3-8500 204P NONECC DDR3 23.00 161.00 Mfg#: PE219413 Contract: MARKET 7 1706189 CDW HARDWARE INSTALL FOR DT-NB-PRT 15.00 105.00 Mfg#: HWINSTALLDTLTPRT Contract: MARKET SUBTOTAL 31,548.00 FREIGHT 0.00 TAX 0.00 ♦ _ y 0S Currency TOTAL • 31,548.00 Please remit payment to: CDW Government CDW Government 230 North Milwaukee Ave. 75 Remittance Drive Vernon Hills, IL 60061 Suite 1515 Phone: 847.371.5000 Fax:7054675 Chicago, IL 60675-1515 RESOLUTION NO. 2011-78 RESOLUTION APPROVING RECOMMENDATION OF ACCEPTANCE OF BID WITH CDW GOVERNMENT OF VERNON HILLS, ILLINOIS, IN THE AMOUNT OF $37, 526. 35, IN CONJUNCTION WITH THE AMBULANCE SOFTWARE UPGRADE TO IMPLEMENT ELECTRONIC CARE REPORTING SYSTEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of CDW Government of Vernon Hills, Illinois, in the amount of $37, 526. 35, in conjunction with the Ambulance Software Upgrade to Implement Electronic Care Reporting System, for the purchase of computers and related hardware described in the specifications heretofore adopted by this Council for said project in Resolution No. 2010-952, after public hearing on October 25, 2010 on published notice required by law, be and is hereby accepted, the same being the apparent lowest bid for said purchase. PASSED AND ADOPTED this 7th day of February, 2011 . :714%4.17 rnest G. C ark, Mayor ATTEST: e//1 CliLr . Suzy Schar s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 7, 2011 Prepared: Daniel J. Trelka Dept. Head Signatur # of Attachments: 3 SUBJECT: Request authorization for Mayor Ernest G Clark to sign Silver Eagle Harley-Davidson/Buell FLHPI Lease Submitted by: Daniel Trelka, Director of Safety Services Recommended City Council Action: Requesting authorization for Mayor Clark to sign the Silver Eagle Harley Davidson/Buell FLHPI Lease Agreement Summary Statement: This is a one-year lease for two (2) 2010 Harley-Davidson Police motorcycles used by the Waterloo Police Department motorcycle patrol unit. The lease is effective through December 31, 2011. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: 1 of SILVER EAGLE HARLEY-DAVIDSON/BUELL FLE[c op This agreement made and entered into between Silver Ea le Harle D v' designated as theg Y a idson/Bue� gn lessor, and the City of Waterloo, Iowa, designated as the lessee, made this 1st day of April in the year 2011 , for the purpose of leasing to the lessee two (2) Harley-Davidson Police Motorcycles under the following terms and conditions: 1. EQUIPMENT. 2010 Harley-Davidson Police motorcycle, model FLHP with windshield, tour pack, and saddlebags. VIN# 1HD1FHM13AB647551. 2010 Harley-Davidson Police motorcycle, model FLHP with windshield, tour pack, and saddle bags. VIN# 1HD1FHM10AB648141. 2. AGREEMENT TERMS. This shall be effective as of the date of execution through December 31, 2011. This twelve (12) month lease is turnable after nine (9) months. The motorcycle(s) leased under this agreement is to be used for police and related activities only. The twelve (12) months of the lease the lessee is responsible for maintenance listed in section 3, and the insurance requirement in section 4. The twelve (12) months of the lease, the lessee is required to pay an amount of$125.00 per month/per bike for twelve (12)months/per bike or $1500.00/per bike for the year along with maintenance in section 3, and the insurance requirement in section 4. This lease provides for the installation of law enforcement equipment. 3. MAINTENANCE. Lessee shall pay for services provided to the motorcycle(s) for normal wear & tear items (i.e.: brakes, tires, etc.). Lessee shall be billed the usual and customary service costs of the lessor in connection, with the services provided. Payment will be for services on the motorcycle(s), not for the motorcycle(s)themselves. 4. INSURANCE. At their own expense, the lessee shall carry automobile liability insurance with a minimum combine single limit of$1,000,000 with respect to the motorcycle(s), and shall carry public liability and property damage insurance sufficient to protect the lessor from liability in all events. The lessee shall carry workers compensation insurance covering all of it s employees working on, in or about the motorcycle(s). A certificate of insurance evidencing said coverage and listing the Silver Eagle Harley-Davidson/Buell, as additional name insured shall be issued to the lessee. 2 of 3 The lessee shall furnish to the lessor certificates or other satisfactory evidences of all insurance coverage described above as required terms and conditions of this agreement. The lessee shall carry comprehensive general liability insurance including general liability exposure coverage with a minimum combined single limit of $1,000,000. A certificate of insurance evidencing such coverage and listing the Silver Eagle Harley- Davidson/Buell as an additional name insured shall be issued to the lessee. 5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES. The lessee agrees to protect, defend, indemnify and hold harmless the lessor from and to the extent permitted by law, against any losses, penalties, damages, settlements, costs, charges or other expenses or liabilities of any kind in connection with the leasing of the motorcycle(s) as described in this document, except that the lessee shall not be liable for the negligence of the lessor that might arise out of the maintenance of the described motorcycle(s), or such losses that may arise while the motorcycle(s) are under the care, custody or control of the lessor. 6. CARE AND USE OF EQUIPMENT. The lessor agrees to maintain the motorcycle(s) pursuant to the manufacturer's standard preventive maintenance contract and/or recommendations. All repairs and maintenance shall be made at Silver Eagle Harley-Davidson/Buell, 4022 Sergeant Road, Waterloo, Iowa 50701. The lessees, at their own expense, shall ensure delivery of the motorcycle(s) to Silver Eagle Harley-Davidson/Buell, 4022 Sergeant Road, Waterloo, Iowa 50701, for every service starting at 1000 mile, 2500 mile, and 5000 mile for regular maintenance at the lessee's expense. The maintenance fee is done at the normal shop rate. The lessee shall protect the motorcycle(s) from deterioration other than normal wear and tear, the lessee shall use the motorcycle(s) for police related activities only, without abuse, and shall not make repairs, modifications, alterations or additions to the motorcycle(s) without written consent of the lessor. The lessor shall have the right, after first notifying lessee and during regular business hours, to enter upon the premises where the motorcycle(s) are located in order to inspect, observe or otherwise protect the lessor's interest, and the lessee shall afford them the reasonable opportunity to do so. 7. DAMAGE OR DETERIORATION OF THE MOTORCYCLE. In the event the motorcycle(s) are partially damaged or destroyed prior to the end of the term of this agreement, the lessee will promptly have the motorcycle(s) repaired and restored to its original condition and working order at their expense. 3 of 3 In the case of theft or total loss of the motorcycle the replacement value of the motorcycle shall be $15,500.00. 8. RIDER RESPONSIBILITIES. There shall be one or more rider for the motorcycle(s), and that rider shall be responsible for keeping the motorcycle(s) clean and for reporting any repairs needed to the lessor. 9. EVENTS OF DEFAULT AND REMEDIES Lessee shall be deemed to be in default under this agreement upon the happening of any of the following events of default. A. Lessee fails to comply with any term, covenant or condition contained herein. Upon the occurrence of any event of default as specified above, should lessee fail to remedy such event of default with all reasonable dispatch within a period of thirty(30) days, lessor shall have the right, after written notice to the lessee, to pursue any of the following remedies. 1. Repossession of the motorcycle(s), including the right to sell or lease the motorcycle(s) for the account of the lessee. The lessor shall be deemed to be in default under this agreement upon failure to comply with any term, covenant or condition contained herein. LESSEE: LESSOR: Silver Eagle Harl y-Davidson/Buell By: By: Printed Name: Anthony Lumetta, Owner Title: ACCORD CERTIFICATE OF LIABILITY INSURANCE OP ID JD DATE(MM/DD/YYYY) 02/07/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER wN I wt,I NAME: PHONE AX PDCM Insurance (A/C,NA No,Eat): (A/C,No): P.O. Box 2597 AADDRESS: Waterloo IA 50704 CUSTOMERIox: WTCIT-1 Phone:319-234-8888 Fax:319-234-7702 INSURER(S)AFFORDING COVERAGE NAICp INSURED INSURER A: Travelers City of Waterloo INSURERS: 715 Mulberry Waterloo IA 50703 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DISH TYPE OF INSURANCE NSR WVD POLICY NUMBER NM/DOWNY) NEI- FOLK/ '' (MMIDDlYYYY) (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY UAMAGL I U RbNI EU PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ —1 POLICY PRO LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO GP06301409 07/01/10 07/01/11 Eaaccdent) $ 1r000r000 ALL OWNED AUTOS BODILY INJURY(Per person) $ SCHEDULED AUTOS X BODILY INJURY(Per accident) $ PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- 01H- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTI OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space isrequired) 2010 Harley-Davidson Policy Motorcyle Model FLHP #1HD1FF1413ABb47551 2010 harley-Davidson Police Motorcyle Model FLHP #1HD1FHM10AB648141 CERTIFICATE HOLDER CANCELLATION SILV004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Silver Eagle Harley-Davidson/ AUTHORIZED REPRESENTATIVE Buell >� 4022 Sergeant Road IiI6N. fe Waterloo IA 50701 09 ORD reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD RESOLUTION NO. 2011-79 RESOLUTION APPROVING AGREEMENT WITH SILVER EAGLE HARLEY-DAVIDSON/BUELL AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated February 7, 2011, for the lease of two Harley-Davidson police motorcycles at a cost of $125 . 00 per month per motorcycle, plus routine maintenance, effective through December 31, 2011, by and between Silver Eagle Harley- Davidson/Buell of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of February, 2011 . 16411qaYIZZ, Ernest G. Clark, Mayor ATTEST: S33.4"--C Suzy Schar s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: 2/7/11 Prepared: 1/31/11 Dept. Head Signaturel! # of Attachments: 0 SUBJECT: Award Bid &Approve Purchase of Equipment from John Deere to be Delivered by Van Wall Equipment. Submitted by: JB Bolger- Golf& Downtown Area Maintenance Manager Recommended City Council Action:Award DOT State Bid and approve purchase of: vOne (1) 2011 John Deere 2653B Utility Mower-$27,842.00 Two (2) 2011 John Deere 2500B Greens Mowers-$29,090.00 each = $58,180.00 vOne (1) 2011 John Deere 1200A Bunker Rake-$11,006.00 vOne (1) 2011 John Deere Gator TX Gas-$7,817.00 Three (3) 2011 John Deere Aercore 800 Aerifiers-$15,150.68 each = $45,452.04 One (1) 2011 John Deere 2030A Pro Gator-$21,111.00 Minus trades totaling$14,750.00 From: John Deere Company of Cary, North Carolina in the amount of$156,658.04 Summary Statement These units will be used for operations at the Golf Courses & Downtown Area Maintenance District. Expenditure Required$156,658.04 Source of Funds General Obligation Bond Funds for Off Road Golf& Downtown Area Maintenance Equipment. Policy Issue N/A Alternative N/A Background Information: These units would be purchased utilizing State of Iowa DOT bids. The Iowa DOT Office of Procurement and Distribution seeks competitive bids that are valid for any government entity in the State of Iowa. This price is lower than any local dealer can provide. Units would be purchased directly from John Deere at the corporate level but delivered by Van Wall Equipment. RESOLUTION NO. 2011-80 RESOLUTION MAKING AWARD OF BID TO JOHN DEERE COMPANY OF CARY, NORTH CAROLINA TO BE DELIVERED BY VAN WALL EQUIPMENT, FOR THE PURCHASE OF 2011 GOLF AND DOWNTOWN AREA MAINTENANCE TURF EQUIPMENT, IN THE AMOUNT OF $156, 658 . 04, FOR THE PURCHASE OF TWO (2) 2011 JOHN DEERE 2500B GREENS MOWERS, ONE (1) 2011 JOHN DEERE 2653B UTILITY MOWER, ONE (1) 2011 JOHN DEERE 1200A BUNKER RAKE, ONE (1) 2011 JOHN DEERE GATOR TX, THREE (3) 2011 JOHN DEERE AERCORE 800 AERIFIERS, AND ONE (1) 2011 JOHN DEERE 2030A PRO GATOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of John Deere Company of Cary, North Carolina with delivery by Van Wall Equipment, in the amount of $156, 658 . 04, for the purchase of Two (2) John Deere 2500B Greens Mowers, One (1) 2011 John Deere 2653B Utility Mower, One (1) 2011 John Deere 1200A Bunker Rake, One (1) 2011 John Deere Gator TX, Three (3) 2011 John Deere Aercore 800 Aerifiers, and One (1) 2011 John Deere 2030A Pro Gator described in the specifications heretofore adopted by this Council for said purchases with Resolution No. 2011-52, after public hearing on January 24, 2011 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 7th day of February, 2011 . Ernest G. Clark, Mayor ATTEST: uzy Sch res, C City Clerk vow— ICI CITY OF WATERLOO Council Communication City Council Meeting: 2/7/11 Prepared: 1/31/11 Dept. Head Signature: ary # of Attachments: 0 SUBJECT: Award Bid & Approve Purchase of Equipment from John Deere to be Delivered by Waterloo Implement. Submitted by: 113 Bolger- Golf& Downtown Area Maintenance Manager Recommended City Council Action: Award DOT State Bid and approve purchase of: 1 One (1) 2011 John Deere 1565 Mower-$24,172.35 1 One (1) 2011 John Deere 4520 Tractor-$41,186.55 One (1) 2011 John Deere Gator TE Electric-$8,313.00 From:John Deere Company of Cary, North Carolina in the amount of$73,671.90. Summary Statement These units will be used for operations at the Golf Courses & Downtown Area Maintenance District. Expenditure Required $73,671.90 Source of Funds General Obligation Bond Funds for Off Road Golf& Downtown Area Maintenance Equipment. Policy Issue N/A Alternative N/A Background Information: These units would be purchased utilizing State of Iowa DOT bids. The Iowa DOT Office of Procurement and Distribution seeks competitive bids that are valid for any government entity in the State of Iowa. This price is lower than any local dealer can provide. Units would he purchased directly from John Deere at the corporate level but delivered by Waterloo Implement. RESOLUTION NO. 2011-81 RESOLUTION MAKING AWARD OF BID TO JOHN DEERE COMPANY OF CARY, NORTH CAROLINA TO BE DELIVERED BY WATERLOO IMPLEMENT OF WATERLOO, IOWA, FOR THE PURCHASE OF 2011 GOLF AND DOWNTOWN AREA MAINTENANCE TURF EQUIPMENT, IN THE AMOUNT OF $73, 671 . 90, FOR THE PURCHASE OF ONE (1) 2011 JOHN DEERE 1565 MOWER, ONE (1) 2011 JOHN DEERE 4520 TRACTOR, AND ONE (1) 2011 JOHN DEERE GATOR TE ELECTRIC. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of John Deere Company of Cary, North Carolina with delivery by Waterloo Implement of Waterloo, Iowa, in the amount of $73, 671. 90, for the purchase of One (1) 2011 John Deere 1565 Mower, One (1) 2011 John Deere 4520 Tractor, and One (1) 2011 John Deere Gator TE Electric described in the specifications heretofore adopted by this Council for said purchases with Resolution No. 2011-052, after public hearing on January 24, 2011 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 7th day of February, 2011 . rnest G. Clark, Mayor ATTEST: Suzy Scha es, CMC 63141.11) City Clerk _; CITY OF WATERLOO , IOWA (II,U!,,Wittpr.., COMMUNITY PLANNING AND DEVELOPMENT Sim 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dtetl00 %O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: FEBRUARY 7, 2011 CLARK BUCK Prepared: February 1, 201oi`�"-/� ," Dept.Head Signature: # of Attachmentsiqaposi t COUNCIL MEMBERS SUBJECT: Request from Richard Penn for an encroachment agreement for the DAVID purpose of constructing 4 parking bollards in the public alley adjacent to 316.320 W 4r" JONES street that would encroach up to 23.25" into the public alley. Ward 1 Submitted by: Aric Schroeder, City Planner CAROLYN COLE Recommended City Council Action: Denial of the request to encroach 23.25" into the Ward 1 public alley,but approval to encroach up to 13" into the public alley. HAROLD GETTY Summary Statement: Richard Penn requests approval for an encroachment agreement for Ward3 the purpose of constructing 4 parking bollards along his building at 316-320 W 4th Street QUENTIN that would encroach 23.25" into a public alley to prevent his building from being struck by HART any vehicles using the alley.The alley in question is a very busy alley and staff has concerns Ward 4 with narrowing an already narrow 20'wide alley almost 2' to a functionally 18'wide alley. Staff is aware that similar parking bollards can be found directly across the street along the RON north side of 316 W 5`h Street,which have not had any known negative impact and encroach WEEPER 24" into the alley, but the alley has significantly less vehicular traffic.Adjacent businesses Ward 5 that utilize the alley include Subway, Doughy Joey's, Kings and Queens, Lindgren Glass, BOB Convention and Visitors Bureau and the 1540 KXEL radio station. GREENWOOD At-Large The Planning and Zoning Commission voted 5-3 to deny the request in their December 7, STEVE 2010 meeting. SCHMITT At-Large Expenditure Required:None Source of Funds:N/A Policy Issue:Right-of-way Alternative: Possible alternatives would be to grant a smaller encroachment into the alley for the bollards, or prohibit placement of the bollards. Background Information: The applicant has indicated that there would be 4 bollards installed that would be 25' between centers and would measure 8.5"wide by 36" tall.The applicant has noted that the CITY W WEBSITE:WORKING FORerOU!a.us WE'RE WORKING YOU! An Equal Opportunity/Affirmative Action Employer first bollard would be positioned 6" from the front corner of the building and the last one would be on the rear corner of the building. A signed and executed encroachment agreement would be required,which would stipulate that the bollards would have to be removed if the space was needed for public purposes. cc: Noel Anderson,Community Planning&Development Director Path: K:\USERS\Planning\Adam\Council Letters Vetter encroachment agreement Richard Penn 2.7.1 l.doc December 7,2010 REQUEST: Request by Richard Penn for an encroachment agreement to allow 4 parking bollards to encroach into the platted public alley north of 316-320 West 4th Street in Block 16 of the Original Plat of Waterloo West. APPLICANT: Richard Penn, Owner of 316-320 W 4th Street, Waterloo, IA 50701 GENERAL The applicant requests to place 4 parking bollards along his DESCRIPTION: building that would encroach 23.25" into a public alley to prevent his building from being struck by any vehicles using the alley. IMPACT ON The request would appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood given the significant distance they would SURROUNDING encroach into the busy alley. Similar parking bollards can be found LAND USE: directly across the street along the north side of 316 W 5th Street, which have not had any known negative impact and encroach 24" into the alley, but the alley has significantly less vehicular traffic. VEHICULAR & The request would appear to have a negative impact on traffic and PEDESTRIAN pedestrian conditions in the area. The bollards would narrow the TRAFFIC alley from 20' to about 18', which could significantly affect traffic CONDITIONS: movements through the alley, especially large delivery trucks. RELATIONSHIP TO The Highway 218 Trail is located one block to the southwest along RECREATIONAL Highway 218. TRAIL PLAN: ZONING HISTORY The site is zoned "C-3" Commercial District, and has been zoned FOR SITE AND as such since the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: DEVELOPMENT The building located at 316-320 West 4th Street was built in 1892. HISTORY: Surrounding buildings were also constructed in the early 1900's. BUFFERS/ No buffers or additional screening would be needed with this SCREENING request. REQUIRED: DRAINAGE: The request would not appear it to have an impact on drainage in the area. FLOODPLAIN: This structure is located within the Zone-B, 500-year floodplain as indicated by the Federal Insurance Flood Insurance Rate Map 190025-0004. PUBLIC /OPEN Washington Park is located on the south side of Highway 218 SPACES/ SCHOOLS: approximately 700' from the proposed request. UTILITIES: WATER, An 8" sanitary sewer line and a 12" storm sewer line run along the SANITARY SEWER, alley in question. STORM SEWER, ETC. RELATIONSHIP TO The property is shown on the Future Land Use Map as Commercial COMPREHENSIVE and the property is used for commercial purposes. The proposed LAND USE PLAN: encroachment is located within the Primary Growth Area as defined by the Comprehensive Plan. Encroachment Agreement—316-320 W 4'"St Page 1 of 2 71 December 7,2010 STAFF ANALYSIS — The applicant is requesting an encroachment agreement to install 4 ZONING bollards that would encroach 23.25" in to the public alley adjacent ORDINANCE: to his property. The placement of the bollards would appear to be acceptable, however the requested encroachment of 23.25" appears to be excessive. Staff would suggest that approximately 12 to 13 inches should be the maximum encroachment allowed. The applicant has indicated that there would be 4 bollards installed that would be 25' between centers and would measure 8.5" wide by 36" tall. The applicant has noted that the first bollard would be positioned 6" from the front corner of the building and the last one would be on the rear corner of the building. The 20' alley in question is a very busy alley, located in the downtown area with buildings located at or near zero lot line to the alley. Adjacent businesses that utilize the alley include Subway, Doughy Joey's, Kings and Queens, Lindgren Glass, Convention and Visitors Bureau and the 1540 KXEL radio station. Staff would note that a signed and executed encroachment agreement would be required, which would stipulate that the bollards would have to be removed if the space was needed for public purposes. STAFF ANALYSIS — There is no platting required for this request. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request for the encroachment RECOMMENDATION: agreement for a 23.25" encroachment be denied, but would recommend a 13" encroachment be approved for the following reasons. 1. The request would not appear to have a negative impact on the surrounding area. And subject to: 1. A signed and executed Encroachment Agreement be obtained. Encroachment Agreement-316-320 We St Page 2 of 2 7 2 y } 4 0 Request for an encroachment at 316-320 W 4th Street to allow bollards ¥ to encroach into the platted public alley. rNa.,4,itt..1/4 Alley in Question • % ,i. A.: /4:1'14.. '°°.,°NZ' '.N:tl&—N' ° \ n $t: v 'r AP it ry e d ' } f' R 316 20 W 4th Street \� y \\ Ili ,*\10110\\<", . � " {\ CO''' .ttiNki. eo. N, 1:1-N '\., . . I. ��� 316 W 5th Street f G 'N * 4. s 4 % §4 Y . / s ' �S`'*., , of a1. , I .e '' _ Legend S. 0 Approx. Bollard Locations Applicant's Building y <o 0 0 Feet fi 9 /N 74. • Encroachment Agreement — 316-320 W 4th Street t, Approximately 24" Looking east down the alley in question Looking west down the alley in question towards West 4th Street. The applicant's towards West Park Avenue. The building is on the right. applicant's building is on the left. rw g j } } p F E 3 b �4� 4� st e z t 4 � x s % V " k s? 52` s-.E s t ; v� hs i a�,..k _. $44 n.,,i � Looking west down alley in question Looking west towards West 4`h Street at the towards West Park Avenue. existing bollards that are located along the north side of the building at 316 5th Street. 75 Planning and Zoning Commission • December 7,2010 DRAFT It was moved by Young,seconded by Schmitt to approve to vacate approximately a 2,783 SF portion of public alley located directly north and adjacent to 35 Fletcher Avenue in Westfield Addition subject to a plat of survey is submitted for the area to be vacated. Motion carried 7-0 with Whitehead abstaining. 3. Request by Richard Penn for an encroachment agreement to allow parking bollards to encroach into the platted public alley north of 316-320 West 4th Street in Block 16 of the Original Plat of Waterloo West. Poll gave the staff report noting that the applicant requests to place four bollards along his building that would encroach 23.25" into a public alley to prevent his building from being struck by any vehicles using the alley. Poll noted that the request would appear to have a negative impact on the surrounding neighborhood given the significant distance they would encroach into the busy alley. Similar parking bollards can be found directly across the street at 316 W 5th Street, which have not had any known negative impact and encroach 24" into the alley, but the alley has significantly less vehicular traffic. Poll noted that the request would appear to have a negative impact on traffic and pedestrian conditions in the area as the bollards would narrow the alley from 20' to about 18', which could significantly affect traffic movements through the alley, especially large delivery trucks. Poll noted that an 8" sanitary sewer line and a 12" storm sewer line run along the alley in question. Poll noted that the placement of the bollards would appear to be acceptable, however the told requested encroachment of 23.25" appears to be excessive. Poll noted that staff would suggest that approximately 12 to 13 inches should be the maximum encroachment allowed. Poll noted that there would be four bollards installed that would be 25' between centers and would measure 8.5"wide by 36"tall. Poll noted that the applicant has noted that the first bollard would be positioned 6" from the front corner of the building and the last one would be on the rear corner of the building. Poll noted that the 20' alley in question is a very busy alley, located in the downtown area with buildings located at or near zero lot line to the alley. Poll noted that adjacent businesses that utilize the alley include Subway,Doughy Joey's, Kings and Queens, Lindgren Glass, Convention and Visitors Bureau and the KXEO radio station. Poll noted that a signed and executed encroachment agreement would be required, which would stipulate that the bollards would have to be removed if the space was needed for public purposes. Poll noted that the applicant indicated that he has had vehicles strike the building in the past, which caused he to have to spend $40,000 to rebuild the damaged wall. Poll noted that staff would recommend the 23.25" encroachment be denied, but would recommend the approval of a 13" encroachment. Grimm questioned if the applicant agreed to the 13"encroachment. Poll noted he had spoke to the applicant, and the applicant indicated that he would prefer the 23.25" encroachment, adding that if a lesser amount was approved he would build the bollards to the encroachment approved. Young noted it appeared the applicant was not present for the Planning and Zoning Meeting and questioned if he was aware as to the time of the meeting. Poll noted the applicant was aware of the meeting time, noting that he had recently spoke to the applicant on the phone regarding the distance of encroachment. Schmitt noted his concern that this was a very busy alley. It was moved by Schmitt, seconded by Whitehead to deny both the 23.25"and 13"encroachment agreements to allow parking bollards to encroach into the platted public alley north of 316-320 West 44"Street. Motion carried 5-3 with Cox, Johnson and Loveless voting against the motion. D. Other 1. Appointment of a Planning and Zoning Commissioner to the Enterprise Zone Commission. Loveless nominated Whitehead to serve on the Commission. - 8 - ENCROACHMENT AGREEMENT Prepared by:David Zellhoefer,715 Mulberry Street,Waterloo,Iowa 50703 (319)291-4327 THIS ENCROACHMENT AGREEMENT is entered into by and between Richard L.Penn and Sharon L.Annfield-Penn,hereinafter"Penn",and the City of Waterloo,Iowa,hereinafter"City" this day of February 2011. WHEREAS,Penn is the owner(s)of real estate commonly known as 316-320 West 4th Street, Waterloo,Iowa 50701 and legally described as Original Plat,Waterloo West,the Northeasterly sixty(60)feet of the Southeasterly thirty(30)feet of Lot 9,Block 16,and the Northeasterly sixty (60)feet of Lot 10,Block 16 all in the City of Waterloo,Black Hawk County,State of Iowa, hereinafter"Penn property";and WHEREAS,there is City owned right-of-way adjacent to the Northeasterly line of Penn property,which is dedicated as public alley,hereinafter"Alley";and WHEREAS,Penn is requesting to place four(4),8.5"x 36"parking bollards along the northeasterly wall of the building at 316-320 West 4th Street,hereinafter`Bollards"to encroach 23.25"into said alley;and WHEREAS,the City will not allow for an encroachment of 23.25"into said alley,but will allow said Bollards to encroach 13"into said alley as shown on attached Exhibit"A",subject to the following agreement regarding each party's rights. THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Affirmation-Penn hereby recognizes and reaffirms,said alley. 2. Grants-The City grants Penn the right to place and maintain said Bollards on and over said alley,subject to the rights of the City and/or any agency to which the City has granted a utility franchise to and for access over,under and upon within said alley, expressly recognizing and acknowledging that any damage that occurs to said Bollards will be the sole risk and expense of Penn,or all successors or assigns,including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise needs said Bollards to be temporarily moved for access to said alley,Penn and all successors or assign,shall move said Bollards if present and able,otherwise the City and/or any agency to which the City has granted a utility franchise shall be authorized to move said Bollards and assess any costs for moving against Penn or any successors or assigns,or against the Penn property. The City and/or any agency to which the City has granted a utility franchise shall not be responsible or liable for damage or replacement of said Bollards. 3. Term of Agreement-The term of this agreement shall be for so long as said encroachment is maintained by Penn,or any successors or assigns,and said encroachment continues to exist,and that this agreement shall automatically terminate if said encroachment is removed(other than for temporary removal as noted). It is understood and agreed that this Agreement is appurtenant to Real Estate. It is further understood and agreed that this agreement may be terminated by the City upon 60 days notice and order to permanently remove to Penn,or any successors and assigns,and that Penn,and any successors and assigns,agree to remove said encroachment(s)prior to the end of the 60 days notice and termination of this agreement. If Penn,or any successors and assigns,fail to remove said encroachment upon termination of this agreement,Penn,or any successors and assigns,authorize the City to remove said encroachment and assess costs to Penn,or any successors and assigns,or against the Penn property. 4. Indemnification-Penn,and all successors and assigns shall protect,defend, indemnify,and hold harmless the City and its successors and assigns,and its officers, elected officials,employees,and agents,and any agency to which the City has granted a utility franchise from any claim,damages,liability and expenses(including,but not limited to,reasonable attorneys fees and costs of litigation)arising out of the use or maintenance of said encroachment,including any damage to said encroachment.This covenant shall survive the termination of this Agreement. Richard L.Penn Sharon L.Armfield-Penn City of Waterloo By:Ernest G.Clark Its:Mayor Attest: Suzy Schares,City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK )SS. On this day of February,2011,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Richard L.Penn and Sharon L.Armfield-Penn to me known to be the identical persons named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK )SS. This instrument was acknowledged before me on this day of February,2011,by Ernest G. Clark and Suzy Schares as Mayor and City Clerk,respectively,of the City of Waterloo. Notary Public • Exhibit"A" Request for an encroachment at 316-320 W 4th Street to allow 4, 8.5" wide by 36" high parking bollards to encroach 13" into the platted public alley. • • ,0,_ • '9p� Proposed Parking Bollards 316-320 West 4th Street • 5"c .AN\ 10 5 0 10 Fce1 ,v` ENCROACHMENT AGREEMENT Prepared by:David Zellhoefer,715 Mulberry Street,Waterloo,Iowa 50703 (319)291-4327 THIS ENCROACHMENT AGREEMENT is entered into by and between Richard L.Penn and Sharon L.Armfield-Penn,hereinafter"Penn",and the City of Waterloo,Iowa,hereinafter"City" this day of February 2011. WHEREAS,Penn is the owner(s)of real estate commonly known as 316-320 West 4th Street, Waterloo,Iowa 50701 and legally described as Original Plat,Waterloo West,the Northeasterly sixty(60)feet of the Southeasterly thirty(30)feet of Lot 9,Block 16,and the Northeasterly sixty (60)feet of Lot 10,Block 16 all in the City of Waterloo,Black Hawk County,State of Iowa, hereinafter"Penn property";and WHEREAS,there is City owned right-of-way adjacent to the Northeasterly line of Penn property,which is dedicated as a public alley,hereinafter"Alley";and WHEREAS,Penn is requesting to place four(4),8.5"x 36"parking bollards along the northeasterly wall of the building at 316-320 West 4rn Street,hereinafter`Bollards"to encroach 23.25"into said alley;and WHEREAS,the City is willing to allow said Bollards to encroach 23.25"into alley as shown on the attached Exhibit"A",subject to the following agreement regarding each party's rights. THEREFORE IT IS HEREBY AGREED by and between the parties as follows: I. Affirmation-Penn hereby recognizes and reaffirms,said alley. 2. Grants-The City grants Penn the right to place and maintain said Bollards on and over said alley,subject to the rights of the City and/or any agency to which the City has granted a utility franchise to and for access over,under and upon within said alley, expressly recognizing and acknowledging that any damage that occurs to said Bollards will be the sole risk and expense of Penn,or all successors or assigns,including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise needs said Bollards to be temporarily moved for access to said alley,Penn and all successors or assign,shall move said Bollards if present and able,otherwise the City and/or any agency to which the City has granted a utility franchise shall be authorized to move said Bollards and assess any costs for moving against Penn or any successors or assigns,or against the Penn property. The City and/or any agency to which the City has granted a utility franchise shall not be responsible or liable for damage or replacement of said Bollards. 3. Term of Agreement-The term of this agreement shall be for so long as said encroachment is maintained by Penn,or any successors or assigns,and said encroachment continues to exist,and that this agreement shall automatically terminate if said encroachment is removed(other than for temporary removal as noted). It is understood and agreed that this Agreement is appurtenant to Real Estate. It is further understood and agreed that this agreement may be terminated by the City upon 60 days notice and order to permanently remove to Penn,or any successors and assigns,and that Penn,and any successors and assigns,agree to remove said encroachment(s)prior to the end of the 60 days notice and termination of this agreement. If Penn,or any successors and assigns,fail to remove said encroachment upon termination of this agreement,Penn,or any successors and assigns,authorize the City to remove said encroachment and assess costs to Penn,or any successors and assigns,or against the Penn property. 4. Indemnification-Penn,and all successors and assigns shall protect,defend, indemnify,and hold harmless the City and its successors and assigns,and its officers, elected officials,employees,and agents,and any agency to which the City has granted a utility franchise from any claim,damages,liability and expenses(including,but not limited to,reasonable attorneys fees and costs of litigation)arising out of the use or maintenance of said encroachment,including any damage to said encroachment.This covenant shall survive the termination of this Agreement. Richard L.Penn Sharon L.Armfield-Penn City of Waterloo By:Ernest G.Clark Its:Mayor Attest: Suzy Schares,City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK )SS. On this day of February,2011,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Richard L.Penn and Sharon L.Armfield-Penn to me known to be the identical persons named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK )SS. This instrument was acknowledged before me on this day of February,2011,by Ernest G. Clark and Suzy Schares as Mayor and City Clerk,respectively,of the City of Waterloo. Notary Public Exhibit"A" Request for an encroachment at 316-3 20 W 4th Street to allow 4, 8.5" wide by 36" high parking bollards to encroach 23.25" into the platted public alley. • ('bic Proposed Parking Bollards 316-320 West 4th Street • co ar 0 5 0 70 Feet ,v\ RESOLUTION NO. 2011-82 RESOLUTION APPROVING ENCROACHMENT AGREEMENT WITH RICHARD L. PENN AND SHARON L. ARMFIELD- PENN AND DIRECTING EXECUTION OF SAID ENCROACHMENT AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Encroachment Agreement dated February 7, 2011, to allow for the construction of four (4) parking bollards along the northeasterly wall of 316-320 West 4 h Street and encroaching up to 13" in the public alley adjacent to 316-320 West 4th Street, legally described as follows : Original Plat, Waterloo West, the Northeasterly sixty (60) feet of the Southeasterly thirty (30) feet of Lot 9, Block 16, and the Northeasterly sixty (60) feet of Lot 10, Block 16, all in the City of Waterloo, Black Hawk County, State of Iowa; by and between Richard L. Penn and Sharon L. Armfield-Penn and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of February, 2011 . '7.. del rnest G. Clark, Mayor ATTEST: uzy Scha es, CMC City Cler RESOLUTION NO. 2011-83 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT WITH ADVANCED ENVIRONMENTAL TESTING AND ABATEMENT, INC. OF WATERLOO, IOWA, IN THE AMOUNT OF $86, 710 . 00, IN CONJUNCTION WITH ASBESTOS ABATEMENT SERVICES FOR DEMOLITION ACTIVITIES OF THE HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT, AND DIRECTING EXECUTION OF SAID CONTRACT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract with Advanced Environmental Testing and Abatement, Inc. of Waterloo, Iowa, in the amount of $86, 710 . 00, described in the specifications heretofore adopted by this Council for said project in Resolution No. 2011-18, after public hearing on January 10, 2011 on published notice required by law, be and is hereby awarded, the same being the apparent lowest bid for said project, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of February, 2011 . L1J-- Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk • i`a CITY OF WATERLOO , IOWA 24 � ."ittip4rT1ii, COMMUNITY PLANNING AND DEVELOPMENT �* 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 C)16170 ‘0 NOEL.C.ANDERSON,Community Plnnaing&Development Dirrcr.e CITY OF WATERLOO BUCK Council Communication CLARK City Council Meeting: February 7, 2011 Prepared: February 2, 2011 ._—�_ Cl� COUNC.11 Dept. Head Signature: Noel Anderson, Community Planning & Development Director MEMBERS # of Attachments: 1 SUBJECT: Resolution approving professional service agreement with Main Street DAVID Waterloo, for 2 years (FY 11 and FY 12) for $40,000 per year. JONES ;" J Submitted by: Noel Anderson, Community Planning & Development Director CAR01..1 COLE Recommended City Council Action: We ask that the City Council take the necessary Wr„r!; actions to approve the agreement. HAROLD Summary Statement: As you may be aware, the City of Waterloo has had a professional GE-Et 1. service agreement with Main Street Waterloo for a number years to prioritize downtown u`" development, activities, events, and the coordination towards progression and revitalization QUE.NTIN of our city core. The agreement provides for Main Street to provide the following services: HART Ward - Coordinate efforts to attract office, retail and housing developers to commit to developments downtown. RON - Coordinate the efforts of numerous Government agencies and Government programs l_.WE LP ER downtown. 13 u,,! - Coordinate a comprehensive streetscape program, including storefront rehabilitation, BOB signage program and public improvements. GREENWOOD _ Coordinate a program of economic restructuring including the conversion of upper floors 1i L<'rge for housing and offices. - Devise and implement a retail and commercial marketing program in conjunction with SCvr; existing and proposed downtown property owners and developers. SCHMITT z _Iar k, - Coordinate, advise and implement a program on downtown property acquisition and investment. - Coordinate a program which generates an inflow of money through positive investments, development, renovation and rehabilitation and donations. - Implement a local and national public relations program. - Coordinate, advise and assist with the Downtown Urban Renewal Plan. - Implement the Waterloo Main Street Program The past agreement (FY 09 and FY 10) was for $30,00 and $40,000 respectively. The FY 10 amount was raised to ensure that Main Street Waterloo could continue to provide the funding for the services rendered. Expenditure Required: $40,000 Source of Funds: Downtown bonds and TIF cash ( "5! I I www.ci.waterioo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/AHinative Action Employer Policy Issue: Economic Development Alternative: NA Background Information: The Main Street organization has worked diligently to provide entertainment, activities, and works regularly with Downtown property owners and businesses for economic development, expansion, design review, marketing, etc. for the overall good of the central business district. These types of activities and action items are crucial towards bring people to Downtown Waterloo, ensuring we are working together with our downtown businesses and property owners, and working to ensure a higher level of design for the downtown streetscape. Main Street has recently worked with gaming funds to works towards aesthetic improvements in Downtown Waterloo (painting light poles, etc.), which was a priority of a downtown survey conducted by Main Street volunteers. Main Street Waterloo continues to bring new events and new patrons to Downtown Waterloo through numerous events, the hanging of wreaths, the provision and maintenance of hanging planters, etc. to present a new Downtown Waterloo to current and future Downtown visitors. With the Riverfront Renaissance nearing completion, the numerous reinvestment projects we have been experiencing in Downtown Waterloo, staff believes it is crucial to continue this agreement to build upon the momentum we currently have in place, and gain more through new projects, new events, and new visitors and customers to Downtown Waterloo. F 1 J /IAJj[ 329 East 4th Street 6TQEE� 2 1010 Waterloo, Iowa 50703 T RECEIVED JAN Phone: 319-291-2038 II /�m p Fax: 319-291-4298 mil 11 �`� LOO info@mainstreetwaterloo.org DOWNTOWN CULTURAL&ENTERTAINMENT DISTRICT www.mainstreetwaterloo.org January 27, 2011 Mayor Buck Clark City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Mayor Clark: On behalf of Main Street Waterloo, I would like to thank the City of Waterloo for our mutually beneficial fifteen year partnership. Main Street Waterloo is dedicated to the revitalization of our downtown center, and as such is actively engaged in providing a variety of services to the City. These would include, but not be limited to: Coordinating efforts to attract office, retail, and housing developers downtown Coordinating the efforts of numerous government agencies and government programs Coordinating a comprehensive streetscape program, including storefront rehabilitation, signage program, and public improvements. Coordinating a program of economic restructuring, including the conversion of upper floors for housing and offices Devising and implementing a retail and commercial marketing program Coordinating, advising and implementing a program on downtown property acquisition and investment Coordinating a program which generates an inflow of money through positive investments, development, renovation and rehabilitation, and donations Implementing a local and national public relations program Coordinating, advising and assisting with the Downtown Urban Renewal Plan Implementing the Waterloo Main Street Program Attached is a Professional Services Agreement between the Waterloo City Council and Main Street Waterloo. This is a biannual agreement(FY11 and FY12) for$40,000 during each FY to provide these and other services. Thank you for considering the continuation of this agreement. I would like to thank you for your continued support...it is a true pleasure to be a part of this successful effort. Sin , Jeffre Exe •' e it ctor in Street Waterloo 7 CITY' OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT Agthate/WIMP"w `�` erry Street • waters Iowa 50703 5 83 • ( 19)291-4366 Fax(319)291-426 too EL.C.ANDERSOON,Cnmmunuy Plawung k 9C !Or'n..t DIreCmr CITY OF WATERLOO BUCK CK Council Communication CLARK City Council Meeting: February 7, 2011 Prepared: February 2, 2011 CL' CjL Dept. Head Signature: Noel Anderson, Community Planning & Development Director MEMBERS # of Attachments: 1 SUBJECT: Resolution approving professional service agreement with Main Street Waterloo, for 2 years (FY 11 and FY 12) for $40,000 per year. Submitted by: Noel Anderson, Community Planning & Development Director ^,R Ot-YN Recommended City Council Action: We ask that the City Council take the necessary actions to approve the agreement. Summary Statement: As you may be aware, the City of Waterloo has had a professional t"'{t r service agreement with Main Street Waterloo for a number years to prioritize downtown development, activities, events, and the coordination towards progression and revitalization Q ENTU. of our city core. The agreement provides for Main Street to provide the following services: LIART .,r<l< - Coordinate efforts to attract office, retail and housing developers to commit to developments downtown. Roo - Coordinate the efforts of numerous Government agencies and Government programs WEI TER tr,,_,,; downtown. - Coordinate a comprehensive streetscape program, including storefront rehabilitation, BOB signage program and public improvements. GREENWOOD - Coordinate a program of economic restructuring including the conversion of upper floors AI'arc for housing and offices. - Devise and implement a retail and commercial marketing program in conjunction with ,rrVE existing and proposed downtown property owners and developers. SCHMITT' - Coordinate, advise and implement a program on downtown property acquisition and investment. - Coordinate a program which generates an inflow of money through positive investments, development, renovation and rehabilitation and donations. - Implement a local and national public relations program. - Coordinate, advise and assist with the Downtown Urban Renewal Plan. - Implement the Waterloo Main Street Program The past agreement (FY 09 and FY 10) was for $30,00 and $40,000 respectively. The FY 10 amount was raised to ensure that Main Street Waterloo could continue to provide the funding for the services rendered. Expenditure Required: $40,000 Source of Funds: Downtown bonds and TIF cash CITY WEBSITE! www.d.waterloo.ia.us WE'RE WORKING FOR YOU! ono An Equal OF portunitylAfflimanve Action Enop r yer Policy Issue: Economic Development Alternative: NA Background Information: The Main Street organization has worked diligently to provide entertainment, activities, and works regularly with Downtown property owners and businesses for economic development, expansion, design review, marketing, etc. for the overall good of the central business district. These types of activities and action items are crucial towards bring people to Downtown Waterloo, ensuring we are working together with our downtown businesses and property owners, and working to ensure a higher level of design for the downtown streetscape. Main Street has recently worked with gaming funds to works towards aesthetic improvements in Downtown Waterloo (painting light poles, etc.), which was a priority of a downtown survey conducted by Main Street volunteers. Main Street Waterloo continues to bring new events and new patrons to Downtown Waterloo through numerous events, the hanging of wreaths, the provision and maintenance of hanging planters, etc. to present a new Downtown Waterloo to current and future Downtown visitors. With the Riverfront Renaissance nearing completion, the numerous reinvestment projects we have been experiencing in Downtown Waterloo, staff believes it is crucial to continue this agreement to build upon the momentum we currently have in place, and gain more through new projects, new events, and new visitors and customers to Downtown Waterloo. - iiiii% MAIN T1�T 329 East 4th Street 1�� �l� Waterloo, Iowa 50703 TL�EIET RECEIVED JAN 2 �' 2U1� Phone: 319-291-2038 I ' VV 1 11 1� O O Fax: 319-291-4298 info@mainstreetwaterloo.org DOWNTOWN CULTURAL&ENTERTAINMENT DISTRICT www.mainstreetwaterloo.org January 27, 2011 Mayor Buck Clark City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Mayor Clark: On behalf of Main Street Waterloo, I would like to thank the City of Waterloo for our mutually beneficial fifteen year partnership. Main Street Waterloo is dedicated to the revitalization of our downtown center, and as such is actively engaged in providing a variety of services to the City. These would include, but not be limited to: Coordinating efforts to attract office, retail, and housing developers downtown Coordinating the efforts of numerous government agencies and government programs Coordinating a comprehensive streetscape program, including storefront rehabilitation, signage program, and public improvements. Coordinating a program of economic restructuring, including the conversion of upper floors for housing and offices Devising and implementing a retail and commercial marketing program Coordinating, advising and implementing a program on downtown property acquisition and investment Coordinating a program which generates an inflow of money through positive investments, development, renovation and rehabilitation, and donations Implementing a local and national public relations program Coordinating, advising and assisting with the Downtown Urban Renewal Plan Implementing the Waterloo Main Street Program Attached is a Professional Services Agreement between the Waterloo City Council and Main Street Waterloo. This is a biannual agreement(FY11 and FY12) for$40,000 during each FY to provide these and other services. Thank you for considering the continuation of this agreement. I would like to thank you for your continued support...it is a true pleasure to be a part of this successful effort. Sincar Jeffre i Exe e it cto in Street Waterloo 1 fl PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2011,by and between Main Street Waterloo, whose address for the purposes of this agreement shall be 329 East 4`h Street, Waterloo, Iowa 50703 (referred to as the "Client"), and the City of Waterloo (referred to as the "City"). WHEREAS, City desires to engage the services of Client to furnish technical and professional assistance in connection with the redevelopment of downtown Waterloo and including,but not limited to, implementing the"Downtown Urban Renewal Plan"; and the Client has indicated its willingness to provide such technical and professional services to the City. NOW, THEREFORE,the parties mutually agree as follows: A. Scope of Client Services The Client agrees to perform in a good professional manner the "services outlined in Attachment"A"; a copy of which is attached and made a part of this Agreement. B. Materials to be Provided by the City In the event that any information, data, reports, records and maps exist, are available to the City, and may be useful for Client's carrying out the services of the Agreement, these materials shall be promptly furnished to the Client without its cost or expense. C. Meetings and Reports Upon reasonable notice, the client agrees to attend a reasonable number of meetings with the City of Waterloo, and staff during the life of the Agreement. In addition, the Client will produce reports, studies and memorandums in connection with carrying out the services outlined in the Agreement with the City. D. Subcontractors Client may elect to use subcontractors to perform certain portions of the services. Client shall remain responsible for all services. E. Changes Any changes in this Agreement, including Scope of client Services and any modification of the amount of compensation, shall be first mutually agreed upon by City and incorporated into a written amendment. Page Two Professional Services Agreement F. Compensation and Payment Method For services to be rendered under this Agreement, the City shall pay Client's fee of$40,000 from TIF revenue during the City's Fiscal year 2011 and 2012, which commences July 1, 2010 and runs through June 30, 2011. Payments shall be made on or by February 28 in the amount of $15,000 and by June 30 in the amount of $15,000 of the respective year in which said payment is due but normally 30 days after tax receipts have been deposited to the City of Waterloo upon presentation of an invoice by client. G. Time of Performance and Delays beyond Client's Control The services of the Client shall begin upon receipt of an executed copy of this Agreement, and shall, except for causes beyond Client's control, be completed in a timely manner. The completion of services by client shall be contingent, among other things, upon the timely receipt from the City, data and reports described in Paragraph B above. Further, the Client shall not be in default by reason of any failure in terms, if such failure arises out of reasonable causes beyond the control and without the fault or, negligence of the Client. Such causes may include, but are not limited to, acts of government in either its sovereign capacity, fires, floods, epidemics, strikes and unusually severe weather. H. Non-discrimination Client agrees not to discriminate by reason of age, race, religion, color, sex, natural origin, or handicap unrelated to the duties of a position of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. Extra Work If requested and authorized in writing by the City and approved by Client, Client will be available to furnish or obtain from others extra work and be compensated for said work beyond the lump sum amount fixed in Paragraph F above. Extra work can be work of the following type: 1. Extra Work due to changes in the general scope of the study, including, but not limited to changes in size, complexity, or character of the work items. Page Three Professional Services Agreement 2. Additional or extended services including study administration due to: a) the prolongation of the Agreement time through no fault of Client b) the acceleration of work schedule involving services beyond normal working hours; or c) nondelivery of any materials, data or other information to be furnished by the City or others not within the control of Client 3. Other additional services requested and authorized by the City which are not otherwise provided for under this Agreement. The fee for any extra work shall be mutually determined by the City and the client and incorporated in written signed amendment to the Agreement. J. Notices All notices, communication and/or demands given pursuant hereto shall be in writing and shall be deemed sufficient if sent by certified mail, return receipt requested, addressed as set forth in the first paragraph hereto. The date of mailing shall be deemed the date of service. Either party may change the address for notice by the aforesaid procedure. K. Entire Agreement This agreement and the matter expressly referred to herein constitute the entire Agreement between the parties. No representations, warranties, undertakings or promises have been made by either, party hereto unless expressly stated herein. All amendments hereto, if any, shall be in writing and executed by the parties. Page Four Professional Services Agreement IN WITNESS WHEREOF, Client and City have executed and delivered this Agreement all on the date first above written. CLIENT CITY MAIN STREET WATERLOO CITY OF WATERLOO By: By: Jane Messingham, President Buck Clark, Mayor Witness: Witness: Date: Date: ATTACHMENT "A" Scope of Client Services A. Coordinate efforts to attract office,retail and housing developers to commit to developments downtown. B. Coordinate the efforts of numerous Government agencies and Government programs downtown. C. Coordinate a comprehensive streetscape program, including storefront rehabilitation, signage program and public improvements. D. Coordinate a program of economic restructuring including the conversion of upper floors for housing and offices. E. Devise and implement a retail and commercial marketing program in conjunction with existing and proposed downtown property owners and developers. F. Coordinate, advise and implement a program on downtown property acquisition and investment. G. Coordinate a program which generates an inflow of money through positive investments, development,renovation and rehabilitation and donations. H. Implement a local and national public relations program. I. Coordinate, advise, and assist with the Downtown Urban Renewal Plan. J. Implement the Waterloo Main Street Program. RESOLUTION NO. 2011-84 RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH MAIN STREET WATERLOO AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Professional Services Agreement dated February 7, 2011, at a cost of $40, 000 . 00 for FY 2011 and $40, 000 . 00 for FY 2012, to provide technical and professional services in conjunction with redevelopment of downtown Waterloo, by and between Main Street Waterloo and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of February, 2011 . /:'. °K._4•..%7 Ernest G. lark, Mayor ATTEST: zy Sc ares, CMC City Cl rk I _ Council Communication City Council Meeting: February 7, 2011 Prepared: January 31, 2011 Dept. Head Signature: Number of Attachments: SUBJECT: Hotel/Motel Tax Grant recommendations Submitted by: Aaron Buzza, Waterloo CVB Recommended City Council Action: Approve Convention and Visitors Bureau (CVB) board recommendations for funding of forty (40) FYE2012 hotel-motel tax grant applications. Summary Statement: The CVB Board has reviewed forty (40) applications for events and projects occurring in FYE2012 and has provided recommendations for funding for those projects and events. The CVB Board also recommends reserving $54,110 for mini-grants for FYE2012, with the maximum grant cap in the mini-grant fund being raised from $3,000 to $5,000. Expenditure Required: $250,000 total, with $54,110 reserved for mini-grants for FYE2012 Source of Funds: Hotel-motel tax grant funding for FYE2012 Policy Issue: None Alternative: Make alternative recommendations for funding of projects or do not fund. 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BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the attached Waterloo Convention & Visitor' s Bureau FY 2012 recommendation of allocation of hotel/motel tax funds in the amount of $195, 890 . 00, and the Mini-Grant Program for the remaining FY 2012 hotel/motel tax funds in the amount of $54, 110 . 00, be and the same hereby approved. PASSED AND ADOPTED this 7th day of February, 2011 . it,Girtr Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Cler * C C C C z z z z z z K a o 0 c -, G1 c1 - c' m r. -n m n n n n O m D D tv to c z z rn a a, p, ci p, 0, or 1 0 -D CD d — '+ . . . , . �L �L O O fD N co N' co' r0' N c_ O. �. n ON n to O Co, m > D n o 0 0 0 0 d p o o c c c ' r1 v c c v p v a o_ ,-,. D c = c c c v, v H n n w '. '. o 0 o o_ o_ a `^ v a ' c -r m _ 0 O N S S DI p) p, p) p, 'r '. -1 c 1 1 -, N N N = m 0 w -, r c '. v n < < < < Di ,N. -CD. �_ '� n n D (D rD N '. 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Contract No. 801 Submitted by: Jamie Knutson, P.E.,Associate Engineer Recommended City Council Action: Approval and signatures of Contracts, Bonds, Certificate of Insurance for the F.Y. 2011 CATTLE CONGRESS STORM WATER PUMP STATION, Contract No. 801. Please return two (2) executed copies to this office for distribution. Summary Statement Transmitted herewith are six(6) copies of each of the Contract, Bond and Certificate of Insurance on the F.Y. 2011 CATTLE CONGRESS STORM WATER PUMP STATION, Contract No. 801, for approval and signatures of City officials. The contract is with PETERSON CONTRACTORS, INC., of Reinbeck, Iowa, in the amount of$1,078,215.75. Expenditure Required $1,078,215.75 Source of Funds Solid Waste Distributions, Sewer Bonds Policy Issue N/A Alternative N/A Background Information: N/A Cc: Louis Starks, Contracts &Grants Coordinator RESOLUTION NO. 2011-86 RESOLUTION APPROVING CONTRACT, BONDS, AND CERTIFICATE OF INSURANCE WITH PETERSON CONTRACTORS, INC. OF REINBECK, IOWA, IN CONJUNCTION WITH THE F.Y. 2011 CATTLE CONGRESS STORM WATER PUMP STATION, CONTRACT NO. 801, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Contract of Peterson Contractors, Inc. of Reinbeck, Iowa, for the F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801, in the City of Waterloo, Iowa, signed on behalf of the City of Waterloo, Iowa, by the Mayor and the City Clerk as of the 7th day of February, 2011, together with the accompanying bond for the faithful performance of said Contract signed by Travelers Casualty and Surety Company of America of Hartford, Connecticut, as surety thereon, be, and the same are hereby approved. PASSED AND ADOPTED this 7th day Y of February,uar 2011 . Ernest G. Clark, Mayor ATTEST: < 21 Suzy Sch res, CMC City Cle!k Laglyli' CITY OF WATERLOO , IOWA � COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 grerlU�� NOEL C.ANDERSON,Community Planning&Development Director Council Communication BUCK or City Council Meeting: February 7, 2011 CLARK Prepared: February 2, 2011 . c21 .1bi)f/ Dept. Head Signature: Aric Schroeder, City Planne # of Attachments: 6 COUNCIL MEMBERS SUBJECT: Request to set a date of public hearing for a request by the City DAVID of Waterloo to vacate a 60'x 465'unopened portion of Regent Street,and 60'x Ward 1 ES 425'unopened portion of Campbell Avenue directly to the west of the intersection of Campbell Avenue and Alice Avenue. CAROLYN COLE Submitted by: Aric Schroeder, City Planner Ward 2 HAROLD Recommended City Council Action:Approval GETTY Ward 3 Summary Statement: The City of Waterloo is requesting to vacate a 60'x 465' QUENTIN unopened portion of Regent Street, and 60'x 425' unopened portion of Campbell HART Avenue directly to the west of the Waterloo Dog Park. The total area to be vacated Ward 4 is 53,400 SF. It was discovered by the Engineering Department when writing the RON legal description for the Waterloo Dog Park, that these particular portions of WEEPER Regent Street and Campbell Avenue have never been opened for vehicular use, and Ward S will never be opened due to the nearby flood control levy that crosses over portions of the right-of-way in question. The streets should be vacated to remove GREENWOOD these portions of unused right-of-way from the City Street Index, and it would At-Large appear doing so would not have a negative impact upon the surrounding area, and create a more accurate and up to date City Street Index. Once vacated, the City STEVE will still retain ownership of the parcels. SCHMITT At-Large Please find attached to this letter a legal description of the area to be vacated,staff report,plat map, aerial photograph, and site photographs. Therefore, we would ask that the City Council set a date of public hearing and publish and official notice pertinent to the request to vacate a 60'x 465'unopened portion of Regent Street, and 60'x 425'unopened portion of Campbell Avenue directly to the west of the intersection of Campbell Avenue and Alice Avenue. Expenditure Required. None. Source of Funds: CITY WEBSITE: www.ci.waterbo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Right-of-Way Alternative: Background Information: The right-of-way in question was first platted for future streets to be extended in this area before construction of the flood control levee along Black Hawk Creek,however, since the levee has been constructed,the right-of-way is no longer needed. Cc: Noel Anderson, Community Planning&Development Director Eric Thorson, City Engineer Dennis Gentz,Assistant City Engineer --file-- July 7,2009 47 REQUEST: REQUEST BY THE CITY OF WATERLOO TO VACATE A PORTION OF RIGHT OF WAY FOR CAMPBELL AVENUE AND REGENT STREET JUST WEST OF THE INTERSECTION OF CAMPBELL AVENUE AND ALICE AVENUE. APPLICANTS: City of Waterloo,715 Mulberry Street, Waterloo, Iowa 50701 GENERAL DESCRIPTION: The City is requesting to vacate a 60'x 465' unopened portion of Regent Street and 60' x 425' unopened portion of Campbell Avenue in an effort to remove platted streets that have never been paved and will never be opened. IMPACT ON NEIGHBORHOOD: It would appear that the request to vacate would not negatively affect the neighborhood. TRAFFIC CONDITIONS: The proposed vacate would not appear to negatively impact traffic in the area,as the remaining parcel is not needed for present or future right-of-way needs. UTILITIES: There are no utilities in the area to be vacated. RELATIONSHIP TO PLAN: The area to be vacated is located in the Mixed Residential District as defined by the Land Use Map. It is also located in the Primary Growth Area as defined by the Growth Area Map and the Comprehensive Plan. STAFF ANALYSIS: The total area to be vacated is 53,400 sq ft.The Engineering Department in righting legal descriptions for Dog Park at the corner of Ansborough and Campbell,found that these portions of Regent Street and Campbell Avenue have never been open and will never be opened due to the levy and Dog Park. Therefore,there is a need to remove from the City Street Index and map to eliminate any confusion for motorist and emergency personnel. The request would not appear to have a negative impact,and in fact would be a positive impact by creating a more accurate and up do date Street Index that accurately reflects streets that are in existence STAFF RECOMMENDATION: It is recommended that the request to vacate the portions of Regent Street and Campbell Avenue be approved for the following reason(s): 1. The request to vacate would appear not to have an adverse affect on the neighborhood or traffic and is not needed for right-of- way. 2. The Engineering Department determined that this street would never opened due to the levee and Dog Park Therefore;need to remove from the City Street Index and map to eliminate any confusion for motorist and emergency personnel. 3. The request would not appear to have a negative impact,and in fact would be a positive impact by creating a more accurate and up do date Street Index that accurately reflects streets that are in existence Request by the City of Waterloo to Vacate a „y ' a Portion of Campbell Street and Regent Street VM . -,, .. r.: -...g am #- it . b5 SyN a 12;T -#? st 3 3.4p��ry.•.TJ� r'. L. I:� xa F�,vyy - - .c g(� " Y {c0- a a _ 1 `sf ; Y il M . , iStreets Proposed b be Vacated Campbell Ave • if Hollywood Ave 111, 4 ,% Carri gton Ave Y= . � F ' n ,-' 1 ..,---. . v , _ ,:t- - N ii 370 ix 0 a 49 Dog Park Vacations Vacate all of the 60'wide right-of-way of Regent Street as platted in Lewis Miller's Small Farms, except that part already vacated as per Ordinance No. 2887(dated May 9, 1977);all in the City of Waterloo, Black Hawk County, Iowa. Vacate that portion of the 60'wide right-of-way of Campbell Ave that lies West of the Norther'ry extension of the East line of Lot 50 Lewis Miller's Small Farms,all in the City of Watet;oo, Black Hawk County, Iowa. 50 • Request to Vacate portion of Campbell Avenue and Regent Street 34 /3:' 3t' A 6o (vacated) KINGSLEY('3e6) AVE. F N SMALL FARMS • rea to be acated 16 37 38 39 40 LV 1 Z W 0 ft • • Paz /31' /31' /32' CAMPBELL;`fAre'atobe AVE. vacated SEC, G•2 33 City of Waterloo Planning&Zoning Department 51 715 Mulberry Street, Waterloo,Iowa 50703 —�/ (319) 291-4366 tsd Offer to Vacate a 0 Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement 0 Sale of City-Owned Property /J Applicant:C�1 Jt% lame., Address: 71.5 �-p Phone No.:.1 General Description of Property to Vacated(i.e.-alley between A St.&B St.South of C St.): 41-tka , • Legal description of area to be conveyed, vacated.or encroached: I. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation—One Hundred Dollar($100.00)Filing Fee • Easement or sidewalk vacation,or Encroachment-Fifty Dollar(S50.00)Filing Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy--One Hundred Dollar($100.00)Fee 2. Offer Price*(Note: lithe offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc.,demolition, remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: N/A- Note: The above information is a summary of the Sale of Property Policy(sec attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: PIease provide a si = •Ian and': a- • pho of the area to be vacated if the request involves additio•. cons o• . • e reaso or t = reque Applicant ' 7ST 09 Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 52 Right-of-way Vacate — Campbell Avenue and Regent Street 4-1._. At,‘ tt z Standing on Campbell Avenue looking Looking at the barrier signs at the west towards the portion of Campbell intersection of Campbell Avenue and Avenue to vacated starting at the grove of Alice Avenue. trees and continuing to the west. f (h: • • Y • .y..L s # Standing west of the intersection of Campbell and Alice Avenues, looking towards the west where Regent Street would be if it were constructed. The flood control levee is directly behind the trees RESOLUTION NO. 2011-87 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE VACATION OF A 60' X 465' UNOPENED PORTION OF REGENT STREET, AND A 60' X 425' UNOPENED PORTION OF CAMPBELL AVENUE DIRECTLY TO THE WEST OF THE INTERSECTION OF CAMPBELL AVENUE AND ALICE AVENUE, AS FEBRUARY 21, 2011, AT 5 : 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 21st day of February, 2011, for the purpose of considering and acting upon a proposal to vacate a 60' x 465' unopened portion of Regent Street, and a 60' x 425' unopened portion of Campbell Avenue directly to the West of the intersection of Campbell Avenue and Alice Avenue, and legally described as follows : All of the 60' wide right-of-way of Regent Street as platted in Lewis Miller' s Small Farms, except that part already vacated as per Ordinance No. 2887 (dated May 9, 1977) ; all in the City of Waterloo, Black Hawk County, Iowa. That portion of the 60' wide right-of-way of Campbell Avenue that lies West of the Northerly extension of the East line of Lot 50 Lewis Miller' s Small Farms, all in the City of Waterloo, Black Hawk County, Iowa. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of February, 2011 . OaLe rnest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk 7f,2-1l , ORDINANCE NO. AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY,ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF WATERLOO, IOWA AN ELECTRIC SYSTEM AND COMMUNICATIONS FACILITIES AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 10 YEARS. BE IT ENACTED by the City Council of the City of Waterloo, Iowa: Section 1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the "Company," and its successors and assigns,the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa, hereinafter called the "City," a system for the transmission and distribution of electric energy and communications signals along, under, over and upon the streets, avenues, alleys and public places to serve customers within and without the City, and to furnish and sell electric energy to the City and its inhabitants. For the term of this franchise the Company is granted the right of eminent domain, the exercise of which is subject to City Council approval upon application by the Company. This franchise shall be effective for a ten (10)year period from and after the effective date of this ordinance. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 2009 or as subsequently amended or changed. The Company agrees that it will exercise all rights and privileges granted hereunder in compliance with applicable federal, state and local laws, rules and regulations. Section 3. The Company shall, after advance notice to the City(except in the case where Company has determined an emergency exists, in which case Company shall provide such notice to City as soon as reasonably possible), have the right to erect all necessary poles and to place thereon the necessary wires, fixtures and accessories as well as excavate and bury conductors for the distribution of electric energy and communications signals in and through the City, but all said conduits and poles shall be placed as not to unreasonably interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom,which have been or may hereafter be located by authority of the City. The City,upon notice to the Company, shall have the right to use any of the Company's poles, posts,towers or conduits for any City alarm, City control, or City communication purpose, but not for resale of communication service, to the extent that the use does not interfere with the Company's use 1 thereof. The City shall hold the Company harmless from any damages arising from City's use of the Company's structures. The charge, if any, to City for such use shall be in accordance with applicable law,rule or regulation. Section 4. The Company is authorized and empowered to prune or remove at Company expense any tree extending into any street, alley or public grounds to maintain electric reliability, safety, to restore utility service and to prevent limbs, branches or trunks from interfering with the wires and facilities of the Company. The pruning and removal of trees shall be done in accordance with current nationally accepted safety and utility industry standards and federal, state and local law, rules and regulations. Section 5. In accordance with Iowa law, including but not limited to Company's tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended ("Tariff'), the Company shall,at its own cost and expense, locate and relocate its existing facilities or equipment in,on, over or under any public street or alley in the City in such a manner as the City may reasonably require for the purposes of facilitating the construction,reconstruction,maintenance or repair of such street or alley. Notwithstanding the foregoing,the Company shall have no responsibilities under this Section with respect to facilities located in private easements(whether titled in Company exclusively or in Company and other entities). The City and the Company shall work together to develop a suitable alternative route or construction method so as to eliminate or minimize the cost and expense to the Company of relocation of Company installations. If the City determines, in its sole discretion,that a reasonable alternative route for the street, alley or public improvements or an alternative construction method is available which would not cause the relocation of the Company installations,the City shall select said alternative route, or construction method. The City shall be responsible for surveying and staking the right-of-way for City projects that require the Company to relocate Company facilities. If requested, the City shall provide, at no cost to the Company, copies of the relocation plan and profile and cross section drawings. If tree removals must be completed by the City as part of the City's project and are necessary whether or not utility facilities must be relocated, the City at its own cost shall be responsible for said removals. If the timing of the tree removals does not coincide with the Company facilities relocation schedule and the Company must remove trees that are included in the City's portion of the project,the City shall either remove the trees or reimburse the Company for the expenses incurred to remove said trees. If project funds from a source other than the City are available to pay for the relocation of utility 2 facilities, the City shall attempt to secure said funds and provide them to the Company to compensate the Company for the costs of relocation. Section 6. In making excavations in any streets, avenues, alleys and public places for the installation, maintenance or repair of conductor, conduits or the erection of poles and wires or other appliances,the Company shall not unreasonably obstruct the use of the streets, and shall replace the surface, restoring it to the condition as existed prior to the Company excavation. In the event that multiple parties make excavations in connection with the same project, the Company will be responsible to restore and replace all areas that it excavated and to take reasonable steps to coordinate its activities with such other parties. The Company shall not be required to restore or modify public right or way, sidewalks or other areas in or adjacent to the Company project to a condition superior to its immediate previously existing condition. Company agrees any replacement of road surface shall conform to current City code regarding its depth and composition. Section 7. Action by the City to vacate a street, avenue, alley,public ground or public right-of- way shall not deprive the Company of its right to operate and maintain existing facilities on, below, above, or beneath the vacated property. Prior to the City abandoning or vacating any street, avenue, alley or public ground where the Company has electric facilities in the vicinity,the City shall provide Company with not less than sixty(60)days advance notice of the City's proposed action and, upon request, grant the Company a utility easement covering existing and future facilities and activities. If the City fails to grant the Company a utility easement for said facilities prior to abandoning or vacating a street, avenue, alley or public ground, the City shall at its cost and expense obtain easements for existing Company facilities. Section 8. The Company shall not be required to relocate, at its cost and expense, Company facilities in the public right of way that have been relocated at Company expense at the direction of the City in the previous five years. Section 9. Pursuant to relocation of Company facilities as may be required by Sections 3, 5, 6, 7 and 8 hereof, if the City orders or requests the Company to relocate its existing facilities or equipment in order to facilitate the project of a commercial or private developer or other non-public entity,the City shall reimburse the Company or the City shall require the developer or non-public entity to reimburse the Company, for the cost of such relocation as a precondition to relocation of Company's existing facilities or equipment. The Company shall not be required to relocate in order to facilitate such private project at its expense. 3 Section 10. The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs, expenses, or attorneys' fees incurred on account of injury or damage to any person or property,to the extent caused or occasioned by the Company's negligence in construction,reconstruction, excavation, operation or maintenance of the electric facilities authorized by this franchise; provided, however,that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages to the extent arising from the negligence of the City, its officers, employees or agents. Section 11. Upon reasonable request the Company shall provide the City, on a project-specific basis, information indicating the horizontal location, relative to boundaries of the right of way, of all equipment which it owns or over which it has control that is located in city right of way ("Information"). The Company and City recognize the Information provided may, under current Iowa law, constitute public records, but that nonetheless, some of the Information provided will be confidential under state or federal law or both. Therefore, the City shall give notice to Company at least 15 days in advance of any proposed release of Information in order for the Company to seek an injunction or other appropriate action to protect the confidentiality of the Information. The Company shall cooperate with all requests of City to identify that portion of the Information that is not to be disclosed. The City shall not be liable for the disclosure of any Information which the Company did not indicate to be confidential. Section 12. The Company shall construct, operate and maintain its facilities in accordance with the applicable regulations of the Iowa Utilities Board or its successors and Iowa law. Section 13. During the term of this franchise, the Company shall furnish electric energy in the quantity and quality consistent with and in accordance with the applicable regulations of the Iowa Utilities Board and the Company's Tariff. Section 14. There is hereby imposed upon and shall be collected from persons located within the corporate limits of the City who are retail electric customers of the Company receiving service pursuant to the Tariff, a franchise fee of the gross receipts from each revenue class as set forth below, minus uncollectible amounts, derived by the Company from the delivery and sale of electric energy to such customers. The Company shall remit such franchise fees to the City within sixty(60) days of collection. • Residential Customers zero (0 )percent • Commercial Customers zero ( 0 )percent 4 • Industrial Customers zero ( 0 )percent • Public Authority Customers zero (0 )percent Section 15. The City may, as allowed by Iowa law, exempt certain types or classes of sales from imposition of the franchise fee, or modify, decrease or eliminate the franchise fee. The City does therefore exempt the customer classes or customer groups shown below from paying franchise fees. • Customer classes initially exempted by the City: none. The City reserves the right to cancel any or all the franchise fee exemptions and also reserves the right to grant exemptions to additional customers or customer classes in compliance with Iowa law and Section 16 of this ordinance. Section 16. The City agrees to modify the level of franchise fees imposed only once in any 24- month period. Any such ordinance exempting certain types or classes of customers, increasing, decreasing, modifying or eliminating the franchise fee shall become effective, and billings reflecting the change shall commence, on an agreed upon date which is not less than sixty(60) days following written notice to the Company by certified mail. The Company shall not be required to implement such new ordinance unless and until it determines that it has received appropriate official documentation of final action by the city council. Section 17. The City recognizes the administrative burden that collecting franchise fees may impose upon the Company and that the Company requires lead time to commence collecting said franchise fees. The Company will commence collecting franchise fees on or before the first Company billing cycle of the first calendar month that is ninety(90) days after receipt of information required of the City to implement the franchise fee, including the City's documentation of consumers subject to or exempted from the City-imposed franchise fee. The City shall provide the information and data required in a form and format reasonably acceptable to the Company. The Company will, if requested by the City,provide the City with a list of premises considered by the Company to be within the corporate limits of the City. Section 18. The City shall be solely responsible for identifying customers subject to or exempt from paying the City imposed franchise fee. The City shall be solely responsible for notifying Company of its corporate limits, including, over time, annexations or other alterations thereto, and customers that it wishes to subject to, or to the extent permitted by law, exempt from paying the franchise fee. The City shall provide to the Company, by certified mail, copies of annexation ordinances in a timely manner to ensure appropriate franchise fee collection from customers within the 5 corporate limits of the City. The Company shall have no obligation to collect franchise fees from customers in annexed areas until and unless such ordinances have been provided to the Company by certified mail. The Company shall commence collecting franchise fees in the annexed areas no sooner than sixty(60) days after receiving annexation ordinances from the City. Section 19. The City shall indemnify the Company from claims of any nature arising out of or related to the imposition and collection of the franchise fee,to the extent such claims arise from or relate to the negligent acts or omissions,or the willful misconduct, of the Company, its officers, employees or agents. Section 20. The Company shall remit franchise fee revenues to the City no more frequently than on or before the last business day of the month following each quarter as follows. • January, February and March • April, May and June • July, August and September, and • October,November and December The Company shall provide City with written notice at least thirty(30) days in advance of any changes made in this collection schedule, including any alterations in the calendar quarters or any other changes in the remittance periods. Section 21. The City recognizes that the costs of franchise fee administration are not charged directly to the City and agrees it shall, if required by the Company, reimburse the Company for any initial or ongoing costs incurred by the Company in collecting franchise fees that the Company and the City, as a result of good-faith negotiation, deem to be in excess of typical costs of franchise fee administration. Section 22. The Company shall not, under any circumstances, be required to return or refund any franchise fees that have been collected from City customers and remitted to the City. In the event the Company is required to provide data or information in defense of the City's imposition of franchise fees or the Company is required to assist the City in identifying customers or calculating any franchise fee refunds for groups of or individual customers, the City shall reimburse the Company for the reasonable and necessary expenses incurred by the Company to provide such data or information. Section 23. The obligation to collect and remit the fee imposed by this ordinance is modified or repealed if: 6 1. Any other person is authorized to sell electricity at retail to City consumers and the City imposes a franchise fee or its lawful equivalent at zero or a lesser rate than provided in this ordinance (in either instance a"Lesser Fee"), in which case the obligation of Company to collect and remit franchise fees shall be modified to match the Lesser Fee on the effective date of the other entity's franchise fee ordinance. 2. The City adds additional territory by annexation or consolidation and is unable or unwilling to impose the franchise fee upon all persons selling electricity at retail to consumers within the additional territory, in which case the franchise fee imposed on the revenue from sales by Company in the additional territory shall be zero or equal to that of the lowest fee being paid by any other retail seller of electricity within the additional territory on the effective date of the annexation or consolidation; or 3. Legislation is enacted by the Iowa General Assembly, the Supreme Court of Iowa issues a final ruling regarding franchise fees, or the Iowa Utilities Board issues a fmal nonappealable order (collectively, "final franchise fee action") that modifies, but does not repeal, the ability of the City to impose a franchise fee or the ability of Company to collect from City customers and remit franchise fees to City. Within thirty(60) days of final franchise fee action, the City shall notify Company and the parties shall meet to determine whether this ordinance can be revised, and, if so, how to revise the franchise fee on a continuing basis to meet revised legal requirements. After fmal franchise fee action and until passage by the City of revisions to the franchise fee ordinance, Company may, after prior consultation with the City,temporarily discontinue collection and remittance of the franchise fee if it reasonably believes it is required to do so in order to comply with revised legal requirements. Contrary provisions of this ordinance notwithstanding, the Company shall be completely relieved of its obligation to collect and remit to the City the franchise fee, effective as the date specified below, and Company shall not be liable to the City for failure to collect and remit franchise fees under any of the following circumstances, as determined to exist in the reasonable discretion of Company: 1. The imposition, collection or remittance of a franchise fee is ruled to be unlawful by the Supreme Court of Iowa, effective as of the date of such ruling or as may be specified by that Court. 2. The Iowa General Assembly enacts legislation making imposition, collection or remittance of a franchise fee unlawful, effective as of the date lawfully specified by the General Assembly. 3. The Iowa Utilities Board, or its successor agency, denies the Company the right to impose, collect or remit a franchise fee,provided such denial is affirmed by the Supreme Court of Iowa, effective as of the date of the final agency order from which the appeal is taken. Section 24. Pursuant to Chapter 480A.6 of the Code of Iowa, the City shall not, if it collects a franchise fee from the Company, impose upon or charge to the Company right of way management fees or fees for permits for Company construction,maintenance, repairs, excavation,pavement cutting or inspections of Company work sites and projects, or related matters. 7 Section 25. Either City or Company may terminate this franchise if the other party shall be materially in breach of its provisions. Upon the occurrence of a material breach,the non-breaching party shall provide the breaching party with notification by certified mail specifying the alleged breach. The breaching party shall have sixty(60) days to cure the breach,unless it notifies the non-breaching party that additional time is needed and the parties agree upon a longer period for cure. If the breach is not cured within the cure period,the non-breaching party may terminate this franchise. The City shall have the option of requiring specific performance by Company as an alternative to pursuing a remedy at law, but only after good faith negotiations between the City and Company intended to resolve the circumstance giving rise to the material breach fail to result in a reasonable resolution. A party shall not be considered to be in breach of this franchise if it has operated in compliance with state or federal law, or if the alleged breach is the result of the actions of a third party or the other party. Neither party shall be excused from performing in accordance with this franchise due to the failure of the other party to insist upon or seek compliance with the franchise terms. Section 26. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section,provision, or part thereof not adjudged invalid or unconstitutional. Section 27. The Company shall not assign its interest in the franchise without approval of the City Council, which approval shall not be unreasonably withheld, provided that such approval shall be promptly given if the assignee has satisfied all applicable requirements of the Iowa Utilities Board to provide electric service to an area that includes the City. Section 28. This ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The City shall provide Company with an original signed and sealed copy of this ordinance within ten(10) days of its final passage. The Company shall, within thirty(30) days after City Council approval of this ordinance, file in the office of the clerk of the City its written acceptance of all the terms and provisions of this ordinance. Following City Council approval, this ordinance shall be published in accordance with the Code of Iowa. The effective date of this ordinance shall be the date of the Company's acceptance, but in any event not sooner than the date of publication. In the event that the Company does not file its written acceptance of this ordinance within thirty(30) days after its approval by the City Council,this ordinance shall be void and of no effect. 8 Section 29. Upon the effective date of this ordinance, all prior electric franchises granted to the Company to furnish electric service to the City and its inhabitants are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby repealed. PASSED AND APPROVED this day of 2011. CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor ATTEST: (OFFICIAL SEAL) City Clerk/Deputy I, , City Clerk/Deputy of the City of Waterloo,Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. passed by the City Council of said City at a meeting held , 2011, and signed by the mayor on , 2011, and published as provided by law on 2011. (OFFICIAL SEAL) City Clerk/Deputy 9 RESOLUTION NO. 2011-88 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO ADOPT AN ORDINANCE GRANTING MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF WATERLOO, IOWA, AN ELECTRIC SYSTEM AND COMMUNICATIONS FACILITIES; AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS; AND AUTHORIZE THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 10 YEARS, IN THE CITY OF WATERLOO AS FEBRUARY 21, 2011, AT 5: 30 P.M. AT CITY HALL COUNCIL CHAMBERS, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5: 30 p.m. on the 21st day of February, 2011, for the purpose of holding a public hearing to adopt an ordinance granting MidAmerican Energy Company, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa, an electric system and communications facilities; and to furnish and sell electric energy to the City and its inhabitants; and authorize the city to collect franchise fees for a period of 10 years, in the City of Waterloo. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of February, 2011 . Lej 1;1;27 Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk 16 1 I ORDINANCE NO. AN ORDINANCE GRANTING TO MIDAMERICAN ENERGY COMPANY,ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF WATERLOO, IOWA A NATURAL GAS SYSTEM TO FURNISH AND SELL NATURAL GAS TO THE CITY AND ITS INHABITANTS, AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 10 YEARS. BE IT ENACTED by the City Council of the City of Waterloo, Iowa: Section 1. There is hereby granted to MidAmerican Energy Company, an Iowa corporation, hereinafter called the"Company,"and its successors and assigns,the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Waterloo, Iowa,hereinafter called the "City," a gas-distribution system, to furnish natural gas along, under, and upon the streets, avenues, alleys and public places to serve customers within and without the City, and to furnish and sell natural gas to the City and its inhabitants. For the term of this franchise the Company is granted the right of eminent domain, the exercise of which is subject to City Council approval upon application by the Company. This franchise shall be effective for a ten(10)year period from and after the effective date of this ordinance. Section 2. The rights and privileges hereby granted are subject to the restrictions and limitations of Chapter 364 of the Code of Iowa 2009 or as subsequently amended or changed. The Company agrees that it will exercise all rights and privileges granted hereunder in compliance with applicable federal, state and local laws, rules and regulations. Section 3. The Company shall, after advance notice to the City(except in the case where Company has determined an emergency exists, in which case Company shall provide such notice to City as soon as reasonably possible),have the right to excavate in any street for the purpose of laying, relaying,repairing or extending gas pipes, mains, conduits, and other facilities provided that same shall be so placed as not to unreasonably interfere with the construction of any water pipes, drain or sewer, or the flow of water therefrom, which have been or may hereafter be located by authority of the City. Section 4. In accordance with Iowa law,including but not limited to Company's tariff on file with and made effective by the Iowa Utilities Board as may subsequently be amended("Tariff'),the Company shall,at its own cost and expense,locate and relocate its existing facilities or equipment in,on,over or under any public street or alley in the City in such a manner as the City may reasonably require for the purposes of 1 facilitating the construction,reconstruction,maintenance or repair of such street or alley. Notwithstanding the foregoing,the Company shall have no responsibilities under this Section with respect to facilities located in private easements(whether titled in Company exclusively or in Company and other entities). The City and the Company shall work together to develop a suitable alternative route or construction method so as to eliminate or minimize the cost and expense to the Company of relocation of Company installations. If the City determines, in its sole discretion, that a reasonable alternative route for the street, alley or public improvements or an alternative construction method is available which would not cause the relocation of the Company installations, the City shall select said alternative route, or construction method. The City shall be responsible for surveying and staking the right-of-way for City projects that require the Company to relocate Company facilities. If requested,the City shall provide, at no cost to the Company, copies of the relocation plan and profile and cross section drawings. If tree removals must be completed by the City as part of the City's project and are necessary whether or not utility facilities must be relocated,the City at its own cost shall be responsible for said removals. If the timing of the tree removals does not coincide with the Company facilities relocation schedule and the Company must remove trees that are included in the City's portion of the project,the City shall either remove the trees or reimburse the Company for the expenses incurred to remove said trees. If project funds from a source other than the City are available to pay for the relocation of utility facilities,the City shall attempt to secure said funds and provide them to the Company to compensate the Company for the costs of relocation. Section 5. In making excavations in any streets, avenues, alleys and public places for the installation of gas pipes, conduits or apparatus,the Company shall not unreasonably obstruct the use of the streets, and shall replace the surface,restoring it to the condition as existed prior to Company's excavation. In the event that multiple parties make excavations in connection with the same project,the Company will be responsible to restore and replace all areas that it excavated and to take reasonable steps to coordinate its activities with such other parties. The Company shall not be required to restore or modify public right-of-way, sidewalks or other areas in or adjacent to the Company project to a condition superior to its immediate previously existing condition. Company agrees any replacement of road surface shall conform to current City code regarding its depth and composition. Section 6. Action by the City to vacate a street, avenue, alley, public ground or public right-of- way shall not deprive the Company of its right to operate and maintain existing facilities on, below, above, or beneath the vacated property. Prior to the City abandoning or vacating any street, avenue, 2 alley or public ground where the Company has natural gas facilities in the vicinity, the City shall provide Company with not less than sixty(60) days advance notice of the City's proposed action and, upon request, grant the Company a utility easement covering existing and future facilities and activities. If the City fails to grant the Company a utility easement for said facilities prior to abandoning or vacating a street, avenue, alley or public ground,the City shall at its cost and expense obtain easements for existing Company facilities. Section 7. The Company shall not be required to relocate, at its cost and expense, Company facilities in the public right of way that have been relocated at Company expense at the direction of the City in the previous five years. Section 8. Pursuant to relocation of Company facilities as may be required by Sections 3,4, 5, 6, and 7 hereof, if the City orders or requests the Company to relocate its existing facilities or equipment in order to facilitate the project of a commercial or private developer or other non-public entity, the City shall reimburse the Company or the City shall require the developer or non-public entity to reimburse the Company, for the cost of such relocation as a precondition to relocation of Company's existing facilities or equipment. The Company shall not be required to relocate in order to facilitate such private project at its expense. Section 9. The Company shall indemnify and save harmless the City from any and all claims, suits, losses, damages, costs, expenses, or attorneys' fees incurred on account of injury or damage to any person or property,to the extent caused or occasioned by the Company's negligence in construction, reconstruction, excavation, operation or maintenance of the natural gas facilities authorized by this franchise; provided, however,that the Company shall not be obligated to defend, indemnify and save harmless the City for any costs or damages to the extent arising from the negligence of the City, its officers, employees or agents. Section 10. Upon reasonable request the Company shall provide the City, on a project-specific basis, information indicating the horizontal location,relative to boundaries of the right of way, of all equipment which it owns or over which it has control that is located in city right of way ("Information"). The Company and City recognize the Information provided may,under current Iowa law, constitute public records,but that nonetheless, some of the Information provided will be confidential under state or federal law or both. Therefore,the City shall give notice to Company at least 15 days in advance of any proposed release of Information in order for the Company to seek an injunction of other appropriate action to protect the confidentiality of the Information. The Company 3 shall cooperate with all requests of City to identify that portion of the Information that is not to be disclosed. The City shall not be liable for the disclosure of any Information which the Company did not indicate to be confidential. Section 11. The Company shall construct, operate and maintain its facilities in accordance with the applicable regulations of the Iowa Utilities Board or its successors and Iowa law. Section 12. During the term of this franchise, the Company shall furnish natural gas in the quantity and quality consistent with and in accordance with the applicable regulations of the Iowa Utilities Board and the Company's Tariff. Section 13. There is hereby imposed upon and shall be collected from persons located within the corporate limits of the City who are retail natural gas customers of the Company receiving service pursuant to the Tariff, a franchise fee of the gross receipts from each revenue class as set forth below, minus uncollectible amounts, derived by the Company from the delivery and sale of natural gas to such customers. The Company shall remit such franchise fees to the City within sixty(60) days of collection. • Residential Customers zero ( 0 )percent • Commercial Customers zero ( 0)percent • Industrial Customers zero (0 )percent • Public Authority Customers zero (0 )percent • Distribution(Transportation) Customers zero ( 0 )percent Section 14. The City may, as allowed by Iowa law, exempt certain types or classes of sales from imposition of the franchise fee, or modify, decrease or eliminate the franchise fee. The City does therefore exempt the customer classes or customer groups shown below from paying franchise fees. • Customer classes initially exempted by the City: none. The City reserves the right to cancel any or all the franchise fee exemptions and also reserves the right to grant exemptions to additional customers or customer classes in compliance with Iowa law and Section 15 of this ordinance. Section 15. The City agrees to modify the level of franchise fees imposed only once in any 24- month period. Any such ordinance exempting certain types or classes of customers, increasing, decreasing,modifying or eliminating the franchise fee shall become effective, and billings reflecting the change shall commence, on an agreed upon date which is not less than sixty(60)days following written notice to the Company by certified mail. The Company shall not be required to implement 4 such new ordinance unless and until it determines that it has received appropriate official documentation of final action by the city council. Section 16. The City recognizes the administrative burden that collecting franchise fees may impose upon the Company and that the Company requires lead time to commence collecting said franchise fees. The Company will commence collecting franchise fees on or before the first Company billing cycle of the first calendar month that is ninety(90) days after receipt of information required of the City to implement the franchise fee, including the City's documentation of consumers subject to or exempted from the City-imposed franchise fee. The City shall provide the information and data required in a form and format reasonably acceptable to the Company. The Company will, if requested by the City,provide the City with a list of premises considered by the Company to be within the corporate limits of the City. Section 17. The City shall be solely responsible for identifying customers subject to or exempt from paying the City imposed franchise fee. The City shall be solely responsible for notifying Company of its corporate limits, including, over time, annexations or other alterations thereto, and customers that it wishes to subject to, or to the extent permitted by law, exempt from paying the franchise fee. The City shall provide to the Company, by certified mail, copies of annexation ordinances in a timely manner to ensure appropriate franchise fee collection from customers within the corporate limits of the City. The Company shall have no obligation to collect franchise fees from customers in annexed areas until and unless such ordinances have been provided to the Company by certified mail. The Company shall commence collecting franchise fees in the annexed areas no sooner than sixty(60) days after receiving annexation ordinances from the City. Section 18. The City shall indemnify the Company from claims of any nature arising out of or related to the imposition and collection of the franchise fee, to the extent such claims arise from or relate to the negligent acts or omissions, or the willful misconduct, of the Company, its officers, employees or agents. Section 19. The Company shall remit franchise fee revenues to the City no more frequently than on or before the last business day of the month following each quarter as follows. • January, February and March • April, May and June • July, August and September, and • October,November and December 5 The Company shall provide City with written notice at least thirty(30) days in advance of any changes made in this collection schedule, including any alterations in the calendar quarters or any other changes in the remittance periods. Section 20. The City recognizes that the costs of franchise fee administration are not charged directly to the City and agrees it shall, if required by the Company, reimburse the Company for any initial or ongoing costs incurred by the Company in collecting franchise fees that the Company and the City, as a result of good-faith negotiation, deem to be in excess of typical costs of franchise fee administration. Section 21. The Company shall not,under any circumstances, be required to return or refund any franchise fees that have been collected from City customers and remitted to the City. In the event the Company is required to provide data or information in defense of the City's imposition of franchise fees or the Company is required to assist the City in identifying customers or calculating any franchise fee refunds for groups of or individual customers,the City shall reimburse the Company for the reasonable and necessary expenses incurred by the Company to provide such data or information. Section 22. The obligation to collect and remit the fee imposed by this ordinance is modified or repealed if: 1. Any other person is authorized to sell natural gas at retail to City consumers and the City imposes a franchise fee or its lawful equivalent at zero or a lesser rate than provided in this ordinance (in either instance a"Lesser Fee"), in which case the obligation of Company to collect and remit franchise fees shall be modified to match the Lesser Fee on the effective date of the other entity's franchise fee or ordinance.; 2. The City adds additional territory by annexation or consolidation and is unable or unwilling to impose the franchise fee upon all persons selling natural gas at retail to consumers within the additional territory, in which case the franchise fee imposed on the revenue from sales by Company in the additional territory shall be zero or equal to that of the lowest fee being paid by any other retail seller of natural gas within the additional territory on the effective date of the annexation or consolidation; or 3. Legislation is enacted by the Iowa General Assembly, the Supreme Court of Iowa issues a final ruling regarding franchise fees, or the Iowa Utilities Board issues a final nonappealable order (collectively, "fmal franchise fee action")that modifies,but does not repeal,the ability of the City to impose a franchise fee or the ability of Company to collect from City customers and remit franchise fees to City. Within thirty (30) days of final franchise fee action,the City shall notify Company and the parties shall meet to determine whether this ordinance can be revised, and, if so, how to revise the franchise fee on a continuing basis to meet revised legal requirements. After fmal franchise fee action and until passage by the City of revisions to the franchise fee ordinance, Company may, after prior consultation with the City,temporarily discontinue collection and 6 remittance of the franchise fee if it reasonably believes it is required to do so in order to comply with revised legal requirements. Contrary provisions of this ordinance notwithstanding, the Company shall be completely relieved of its obligation to collect and remit to the City the franchise fee, effective as the date specified below, and Company shall not be liable to the City for failure to collect and remit franchise fees under any of the following circumstances, as determined to exist in the reasonable discretion of Company: 1. The imposition, collection or remittance of a franchise fee is ruled to be unlawful by the Supreme Court of Iowa, effective as of the date of such ruling or as may be specified by that Court. 2. The Iowa General Assembly enacts legislation making imposition, collection or remittance of a franchise fee unlawful, effective as of the date lawfully specified by the General Assembly. 3. The Iowa Utilities Board, or its successor agency, denies the Company the right to impose, collect or remit a franchise fee,provided such denial is affirmed by the Supreme Court of Iowa, effective as of the date of the final agency order from which the appeal is taken. Section 23. Pursuant to Chapter 480A.6 of the Code of Iowa, the City shall not, if it collects a franchise fee from the Company, impose upon or charge to the Company right of way management fees or fees for permits for Company construction, maintenance, repairs, excavation,pavement cutting or inspections of Company work sites and projects, or related matters. Section 24. Either City or Company may terminate this franchise if the other party shall be materially in breach of its provisions. Upon the occurrence of a material breach,the non-breaching party shall provide the breaching party with notification by certified mail specifying the alleged breach. The breaching party shall have sixty(60) days to cure the breach, unless it notifies the non-breaching party that additional time is needed and the parties agree upon a longer period for cure. If the breach is not cured within the cure period, the non-breaching party may terminate this franchise. The City shall have the option of requiring specific performance by Company as an alternative to pursuing a remedy at law, but only after good faith negotiations between the City and Company intended to resolve the circumstance giving rise to the material breach fail to result in a reasonable resolution. A party shall not be,considered to be in breach of this franchise if it has operated in compliance with state or federal law, or if the alleged breach is the result of the actions of a third party or the other party. Neither party shall be excused from performing in accordance with this franchise due to the failure of the other party to insist upon or seek compliance with the franchise terms. Section 25. If any section,provision, or part of this ordinance shall be adjudged to be invalid or 7 unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 26. The Company shall not assign its interest in the franchise without approval of the City Council, which approval shall not be unreasonably withheld, provided that such approval shall be promptly given if the assignee has satisfied all applicable requirements of the Iowa Utilities Board to provide natural gas service to an area that includes the City. Section 27. This ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The City shall provide Company with an original signed and sealed copy of this ordinance within ten(10) days of its final passage. The Company shall, within thirty(30) days after City Council approval of this ordinance, file in the office of the clerk of the City its written acceptance of all the terms and provisions of this ordinance. Following City Council approval,this ordinance shall be published in accordance with the Code of Iowa. The effective date of this ordinance shall be the date of the Company's acceptance,but in any event not sooner than the date of publication. In the event that the Company does not file its written acceptance of this ordinance within thirty(30) days after its approval by the City Council,this ordinance shall be void and of no effect. Section 28. Upon the effective date of this ordinance, all prior natural gas franchises granted to the Company to furnish natural gas service to the City and its inhabitants are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby repealed. PASSED AND APPROVED this day of , 2011. CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor ATTEST: (OFFICIAL SEAL) City Clerk/Deputy 8 I, ,City Clerk/Deputy of the City of Waterloo,Iowa,hereby certify that the above and foregoing is a true copy of Ordinance No. ,passed by the City Council of said City at a meeting held ,2011,and signed by the mayor ,2011,and published as provided by law on , 2011. (OFFICIAL SEAL) City Clerk/Deputy 9 RESOLUTION NO. 2011-89 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO ADOPT AN ORDINANCE GRANTING MIDAMERICAN ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF WATERLOO, IOWA, A NATURAL GAS SYSTEM TO FURNISH AND SELL NATURAL GAS TO THE CITY AND ITS INHABITANTS; AND AUTHORIZE THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 10 YEARS, IN THE CITY OF WATERLOO AS FEBRUARY 21, 2011, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5: 30 p.m. on the 21st day of February, 2011, for the purpose of holding a public hearing to adopt an ordinance granting MidAmerican Energy Company, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the a, a natural gas system to furnish and sell tnatural y of agas lto theoo, w City and its inhabitants; and authorize the City to collect franchise fees for a period of 10 years, in the City of Waterloo. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of February, 2011 . 1" Xrnest G. Clark, Mayor ATTEST: uzy Sc ares, CMC City Clerk CITY OF WATERLOO / jP0U qr//;-0 Council Communication City Council Meeting: February 7, 2011 Prepared: February 1, 2011 Dept. Head Signature: Eric Thorson, P.E. # of Attachments: 1 SUBJECT: Title 8, Chapter 4, Article C, Post-Construction Storm Water Management Submitted by: Wayne Castle, PLS, EI,Associate Engineer Recommended City Council Action:Approval and adoption of the proposed ordinance. Summary Statement: Proposed ordinance Title 8, Chapter 4,Article C, Post-Construction Storm Water Management (8-4C) codifies the current post-construction storm water management policy used by the Engineering Department for controlling storm water discharges from new or redeveloped commercial and qualifying residential construction. This ordinance also contains requirements for the maintenance of the required storm water management facilities and provisions for the enforcement of maintenance by City personnel. Expenditure Required: None Source of Funds: N/A Policy Issue: Codifies existing Engineering Department policy for the management of storm water from commercial land development. Alternative: None Background Information: Under the conditions of the City of Waterloo's NPDES storm water discharge permit, the City was required to develop and implement four storm water ordinances. The first three ordinances have been established and are being enforced. The first ordinance, Title 8, Chapter 4, Storm Water Management Program, created the City's storm water management program. The second ordinance, Title 8, Chapter 4, Storm Water Management Program Article A, Illicit Discharge Detection and Elimination, created procedures to detect and eliminate illicit discharges into the storm sewer system. The third ordinance,Title 8, Chapter 4 Storm Water Management Program,Article B, Construction Site Erosion and Sediment Control, created construction site, plan review and enforcement procedures. The Engineering Department has had a policy in place now for 30+years requiring storm water detention for new commercial developments or redevelopment. The new ordinance codifies that policy. In December 2010, the Engineering Department sent copies of the proposed ordinance to key City personnel, local civil engineering and architectural firms, and several large land development firms for comments on the proposed ordinance. Their comments were reviewed and incorporated where possible into the proposed ordinance. The City attorney has reviewed the proposed ordinance and revisions made as necessary. A copy of that final draft was distributed on January 26, 2010, to Council members for the final review. ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW ARTICLE C, POST-CONSTRUCTION STORM WATER MANAGEMENT, OF CHAPTER 4, STORM WATER MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC UTILITIES. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That a new Article C, Post-Construction Storm Water Management, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities, is hereby enacted as follows: TITLE 8 CHAPTER 4 STORM WATER MANAGEMENT PROGRAM ARTICLE C. POST-CONSTRUCTION STORM WATER MANAGEMENT Section 8-4C-1. Findings. A. The U.S. EPA's National Pollutant Discharge Elimination System ("NPDES") permit program ("Program") administered by the Iowa Department of Natural Resources ("IDNR") requires that cities meeting certain demographic and environmental impact criteria obtain from the INDR an NPDES permit for the discharge of storm water from a Municipal Separate Storm Sewer System (MS4) (the "MS4 Permit"). The City is subject to the Program and is required to obtain, and has obtained, an MS4 Permit. The City's MS4 Permit is on file at the office of the City Clerk and is available for public inspection during regular office hours. B. As a condition of the City's MS4 Permit, the City is obliged to develop, implement and enforce a post-construction storm water management ordinance. C. No state or federal funds have been made available to assist the City with inspections, monitoring activities and/or enforcing the Program. Accordingly, the City shall fund its inspections, monitoring and enforcement responsibilities entirely by fees imposed on the owners of properties, which are made subject to the Program by virtue of state and federal law, and/or other funding sources. Fees shall be determined from time to time by resolution of the City Council. Section 8-4C-2. Definitions. Terms and acronyms used in this article shall, unless defined in this article, have the meanings given to them in Section 8-4-1 of this chapter. Applicant: Any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision required by this article to develop a Post Construction Storm Water Management Plan in conjunction with the development or redevelopment of land within the City of Waterloo. Applicant's Engineer: A licensed Professional Civil Engineer, Registered Architect or Registered Landscape Architect employed by the Applicant who has primary responsibility for the design of the PC Plan for the Applicant's site. City Storm Water Management Requirements: Are set forth in Section 8-4C-4-C and are based, in part, upon the Iowa Storm Water Management Manual. Drainage Easement: A legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes. Iowa Storm Water Management Manual: The manual collaboratively developed by the Iowa Department of Natural Resources (INDR) and the Center for Transportation Research and Education (CTRE) - now the Institute for Transportation (InTrans) - at Iowa State University that contains the sizing criteria, design and specification guidelines and BMPs that address storm water quality and quantity management. This manual can be found on the web at the following address: http://www.intrans.iastate.edu/pubs/stormwater/index.cfm Post Construction Storm Water Management Plan (PC Plan): The set of plans, specifications, calculations and supporting materials approved by the City that defines the system of BMPs that are to be constructed and maintained on the site to handle the quantity and increase the quality of storm water runoff created by development. Property Owner: A person who, alone or with another person or other persons, holds the legal title to property; except, however, where property has been sold on contract to a person who has the present right to possess the property and the contract has been filed for record in the Office of the County Recorder, in which case the person so purchasing the property, whether alone or with another person or other persons, is the "property owner", and the person retaining bare legal title to the property as a security for the balance of the purchase price is not the "property owner". Regional Storm Water Management Facility: Facilities designed to accept storm water runoff from two or more sites that are required to comply with all city, state or federal storm water management requirements. Single-Family Dwelling: A detached residence designed for or occupied by one family only. Storm Water Management: The use of BMPs that are designed in accordance with City storm water requirements to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat. Section 8-4C-3. Applicability. A. This article shall apply to all development, redeveloped property or land disturbing activities within the City of Waterloo meeting the criteria stated below: 1. Land disturbing activity exceeding 43,560 square feet or more in area on land previously vacant of buildings or largely free of previous land disturbing activity; or 2. Land disturbing activity creating 5,000 square feet or more in area of impervious surface; or 3. Land disturbing activity that is smaller than the minimum area criteria set forth in this subsection, if such activities are part of a larger common plan of development that may or may not take place at the same time; or 4. Construction of new parking and storage areas or the expansion, reconstruction or hard surfacing of existing parking lots or storage areas. The addition of granular material to the existing footprint of a granular surfaced parking lot or storage area shall not be considered reconstruction under this article. B. Activities exempt from this article: 1. Development or redevelopment of property within the Central Business District, as defined in the current City of Waterloo Zoning ordinance. 2. Any additions or modifications to existing single-family dwellings provided that said additions and/or modifications do not create a dwelling with impervious surfaces greater than 5,000 square feet. 3. Any logging activity consistent with an approved timber management plan. 4. Any agricultural activity consistent with an approved soil conservation plan. No owner or developer of land subject to this article shall receive any building permits without first meeting the requirements of this article prior to commencing the proposed activity. Section 8-4C-4. Submission and Approval of the Post Construction Storm Water Management Plan. A. Required submittals: A complete Post Construction Storm Water Management Plan (PC Plan) requires that the following materials be submitted to the City Engineering Department: a. Plans, specifications, calculations and supporting materials utilized to develop the Applicant's PC Plan; b. Regional storm water management facility repair and maintenance agreement, if applicable; c. Drainage easement, if applicable; and d. A Storm Water Pollution Prevention Plan (SWPPP), if applicable; B. Submission review process: The City's PC Plan submission review process shall proceed as follows: a. The City shall review the submission for completeness. If an incomplete submission is received, the review shall be halted and the City shall inform the Applicant of the additional materials that need to be submitted in order for the review to continue. The PC Plan review period will begin anew when all materials have been submitted. b. If during the review the Applicant's PC Plan, elements are found that do not comply with the requirements of this section, the review shall be halted and the City shall send a written bill of particulars to the Applicant and the Applicant's Engineer. The PC Plan review period will begin anew when a revised PC Plan is submitted. The City shall not issue approval of a PC Plan until all non-complying elements have been corrected. c. The City shall send written notification to the Applicant and the Applicant's Engineer of the approval of the Applicant's PC Plan within ten (10) business days following the Applicant's submission of a complete and/or revised PC Plan. C. PC Plan Requirements: Every PC Plan submitted to the City shall include a plan detailing the control, operation and maintenance of the proposed storm water management facility or facilities, shall comply with standards approved by the City Engineer and shall include the following: a. Be prepared by the Applicant's Engineer; b. The following statement signed and dated by the Applicant: "The undersigned Applicant hereby agrees to defend, indemnify and hold the City of Waterloo harmless from any and all claims, damages or suits arising directly or indirectly out of any act of commission or omission by the Applicant, or any employee, agent, assignee or contractor or subcontractor of the Applicant, in connection with Applicant's Post-Construction Storm Water Management Plan." c. Contact information, including the name, address and phone number of the property owner(s); d. A map or maps indicating the following: i. The location of existing and proposed: 1. Buildings; 2. Roads; 3. Parking and storage areas; 4. Utilities; 5. Easements; 6. Contours; 7. Drainage patterns; 8. Land disturbance limits; 9. Storm water management facilities; 10.Sediment, erosion and pollution control BMPs. ii. For all developments 5 acres or greater in size, a map of the site which extends a minimum of 250 feet beyond the limits of the proposed development that indicates existing contours, surface water drainage, including streams, ponds, culverts, ditches, and wetlands; current land uses, including all existing structures; locations of utilities, roads and easements; and significant natural and manmade features. e. A tabulation of the percentage of surface area to be adapted to various uses; f. The storm water management facilities constructed shall detain all on-site storm water run-off equal to the differences between the total storm water run-off generated from a 10-year design storm as applied to the entire property, including the proposed and future, if applicable, improvements and a 5-year design storm as applied to the entire property prior to any development. g. Hydrologic and hydraulic design calculations for the undeveloped and post-development conditions for the 5-yr, 10-yr, and 100-yr design storms. Such calculations shall include: i. Description of the design storm frequency, intensity, duration: ii. Time of concentration; iii. Soil curve numbers or runoff coefficients; iv. Peak runoff rates and total runoff volumes for each watershed area; v. Infiltration rates, where applicable; vi. Culvert capacities; vii. Flow velocities; viii. Data on the increase in rate and volume of runoff, and; ix. Documentation of sources for all computation methods and field test results. h. If a storm water management facility depends on the hydrologic properties of the soils (e.g., infiltration basins), then a report detailing the existing soil conditions and percolation test results shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pit profiles shall be determined based on what is necessary to determine the suitability and distribution of soil types present at the location of the facility. The percolation test results shall be based on on-site percolation tests. The number and location of the percolation test sites shall be determined based on the soils report of the existing soil conditions and the location(s) of the proposed storm water management facility. i. For development occurring on a previously developed site, the PC Plan shall include existing storm water runoff discharges. j. Multiple submissions of a PC Plan shall include a summary of differences between the new PC Plan and the previously submitted PC Plan. D. Water quality components shall be considered in the design of the storm water management facility and implemented when practical. BMPs utilized shall have clear citations to the Iowa Storm Water Management Manual, latest edition. All landscaping components and soil stabilization practices shall comply with existing City zoning and storm water erosion and sediment control requirements. E. The PC Plan shall also include specifications for the inspection, maintenance and repair of the storm water facility(ies). F. The City may require that the applicant file a conceptual plan to analyze the maximum development potential of a site under existing zoning regulations, regardless of whether the applicant presently intends to develop the site to its maximum potential. G. The proposed storm water management facilities shall not cause downstream property owners, water courses, channels, or conduits to receive storm water runoff from the proposed development site at a higher peak flow rate than that allowed under section 8-4C-4C-f or the city storm water detention policy in effect at the time of approval of the development. H. After construction is completed, the Applicant shall submit to the City "as built" drawings of the storm water management facility, certified by a licensed professional civil engineer, registered architect or registered landscape architect. If the as-built storm water management facilities were constructed differently than the facilities described in the approved PC Plan, the Applicant shall provide to the City calculations that the constructed storm water facilities provide the same or greater storm water control and treatment as the facilities originally approved by the City. J. In the event the property owner(s) and the City agree that the constructed storm water management facilities are to be accepted by the City, the property owner(s) shall provide documentation as the City determines is appropriate. This documentation may include, but is not limited to: as-built plans, a two-year maintenance bond, construction test results, material certifications, and itemized construction costs. K. If the submitted PC Plan is for a development utilizing a regional storm water management facility, the Applicant shall submit a maintenance and repair agreement with the PC Plan. Said agreement shall be between the Applicant and the owner(s) of the property the regional storm water management facility is located on and shall detail the responsibilities of each party regarding inspection, maintenance and repair of the facility and the payment of the costs incurred for those activities. This agreement shall be filed in the office of the County Recorder and shall be binding upon all owners of the properties involved until the facility is removed or is no longer used by the property sending storm water. L. If the use of a regional storm water facility requires the creation of a drainage easement to allow water to flow between properties, the Applicant shall provide copies of the drainage easement between the owners of the affected properties. This document shall describe the location of the easement and shall detail the responsibilities of the parties involved regarding the inspection, maintenance and repair of the easement area and payment for costs incurred for those activities. This easement shall be filed in the office of the County Recorded and be binding upon all properties involved until such time as the easement is no longer needed. M. The City's review of the Applicant's PC Plan is not a determination of the effectiveness of the controls shown in the PC Plan. Section 8-4C-5. Inspection, Maintenance and Repair of Storm Water Management Facilities. Each property owner(s) and successor property owners shall be responsible for inspecting and maintaining the storm water management facilities located on the property. The owner(s), successor owners and benefactors of a regional storm water management facility shall be jointly and severally responsible for inspecting and maintaining the regional storm water management facility. A. Inspections: The property owner(s), successor property owners and benefactors shall ensure that the storm water management facilities, devices and structures are periodically inspected. Periodic inspections shall be completed as needed and in no case less than one (1) time per year. Failure to conduct inspections shall be considered a violation of this article. This inspection requirement shall also apply to all existing storm water management facilities constructed before the adoption of this article. B. Maintenance and Repair: All property owner(s), successor property owners and benefactors of a storm water management facility shall ensure that all storm water management facilities, devices and structures be maintained in accordance with the approved PC Plan to provide for the proper functioning of the facilities. This maintenance and repair requirement shall also apply to all existing storm water management facilities constructed before the adoption of this article. If facility repairs are needed, the repairs shall be conducted in a timely manner. Failure to conduct repairs in a timely manner shall be considered a violation of this article. C. Inspection, Maintenance and Repair Documentation: All inspections, maintenance and repairs shall be documented. The property owner(s) or their assigns shall retain these documents for at least ten (10) years. Copies of all documentation shall be made available to the City upon request. A copy of the certified "as-built" construction plans for the storm water management facility shall be included with the inspection, maintenance and repair documentation. Section 8-4C-6. City of Waterloo Inspection Procedures. A. The City Engineer or his designee shall conduct all inspections undertaken by the City under this article. B. The City shall be permitted to enter and inspect, at any reasonable time, any property with storm water management facilities to determine compliance with this chapter, including storm water management facilities constructed before the adoption of this article. Additionally, the City may request that a property owner verify, through the preparation of plans or a report completed by an Applicant's Engineer, that the storm water management facilities continue to have the same capacities and operational characteristics as originally designed and approved. C. Failure of the property owner to allow access to the property shall constitute a violation of this ordinance. Section 8-4C-7. Corrective Action. A. In the event that a storm water management facility is found to be in non- compliance with the approved plans, the City will deliver to the property owner a written bill of particulars that identifies any non-compliant element or condition. The property owner shall have fourteen (14) days from the date of notice to provide to the City a written response outlining the steps and implantation timelines for corrective action. The property owner shall have thirty (30) days from the date of notice to complete the corrective action necessary to bring the storm water management facility back into compliance with the approved plans. For good cause shown, the City may extend the deadline for taking corrective action. B. Following the review of the property owner's written response, if extenuating circumstances exist which make implementation of the necessary corrective action difficult to complete within the time period specified above, the City may, at its sole discretion, grant a reasonable extension of time to complete the corrective action if requested by the property owner. C. Failure of the property owner to provide a written response or undertake corrective action shall constitute a violation of this ordinance and shall be deemed a nuisance, which the City may summarily abate or restore at the property owner's expense in accordance with the procedures set forth in section 8-4-15 of the code. Appeal of such action shall be pursuant to section 8-4-16 and not section 8-4C-10 of this Article. The City's costs to abate the nuisance shall, if not paid, constitute a lien against the property and shall be assessed against the property pursuant to Iowa Code § 364.12 for collection in the same manner as a property tax. Section 8-4C-8. Responsibility. The failure of City personnel to observe or foresee hazardous or unsightly conditions, or to impose other or additional conditions or requirements, or to deny or revoke permits or approvals, or to stop work in violation of this chapter, shall not relieve the property owner of the consequences of its acts or omissions or result in the City, its officers, employees or agents, being liable therefore or on account thereof. The City shall not be responsible for the direct or indirect consequences to the Applicant or to third parties for non-compliant conditions that were undetected by inspection or because an inspection did not occur. Section 8-4C-9. Enforcement. A. Violation of any provision of this article may be enforced by issuance of a stop work order by the City Engineer or his designee or by civil action, administrative or judicial, including but not limited to an action for injunctive relief. A stop work order shall specify the violation(s) and shall remain in effect until the deficient condition has been remedied. B. Violation of any provision of this article shall constitute a municipal infraction under this code. A person may be cited for subsequent violations as additional violations are discovered or as PC Plan elements fail. Each day that a municipal infraction occurs or is permitted to exist constitutes a separate offense. C. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be abated or remedied at the violator's expense as provided in section 8-4-12 of this code, and/or a civil action may be prosecuted to abate, enjoin, or otherwise compel the cessation of such nuisance. The City's costs to abate the nuisance shall, if and to the extent not paid, constitute a lien against the property and shall be assessed against the property pursuant to Iowa Code § 364.12 for collection in the same manner as a property tax, in accordance with the procedures set forth in section 8-4-14 of the code. D. In addition to any fine or penalty set forth in a schedule of violations adopted by the City, as amended thereafter from time to time, the City may recover all attorney's fees, court costs and other expenses associated with enforcement of this article, including necessary monitoring expenses. E. The remedies listed in this article are not exclusive of any other remedies available under the applicable federal, state or local law. It is within the discretion of the City Engineer or his designee to seek cumulative remedies if necessary. The City Engineer, or his designee, upon the advice and consent of the City Attorney, shall undertake enforcement pursuant to this section. Section 8-4C-10. Appeal. A. Other than nuisance actions subject to the procedures of sections 8-4-15 and 8- 4-16 of the code, administrative decisions by City staff and enforcement actions of the City Engineer or his designee, may be appealed by the Applicant to the City Council, or a committee designated by the City Council, pursuant to the procedures set forth in this section. B. The appeal must be filed in writing with the City Clerk within fourteen (14) days of the decision or enforcement action. An administrative fee, as set forth in a schedule of fees determined by the City Council from time to time, must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing. The written appeal shall specify the action appealed from, the errors allegedly made that give rise to the appeal, and the relief requested. C. The City Clerk shall notify the Applicant and the City Engineer or his designee whose decision or action has been appealed of the date, time and place for the appeal hearing. Notice shall be mailed to the Applicant by ordinary mail. The hearing shall be scheduled for a date not less than four (4) days nor more than twenty (20) days after the filing of the appeal, unless the Applicant requests an extension of not more than fourteen (14) days. The hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The City Council or designated committee may consider any evidence it considers credible and give such weight to the evidence as it considers warranted. The intent of this paragraph is to promote the prompt and speedy resolution of disputes. The Applicant may be represented by counsel at the Applicant's expense. The City Engineer or his designee or other City employees may be represented by the City Attorney or by an attorney designated by the City Council at City's expense. D. The decision of the City Council, or committee designated by the City Council, shall be rendered in writing within ten (10) days after the hearing, or any continued session thereof, and may be appealed to the Iowa District Court as provided by law. Section 8-4C-11. Severability. The provisions of this article are hereby declared to be severable. If any section, provision, clause, sentence, paragraph or part of this ordinance or the application thereof to any person, establishment, or circumstance shall be held invalid or unconstitutional, such adjudication shall not affect the other provisions or applications of this article. PASSED AND ADOPTED by the City Council on , 2011, and approved by the Mayor on , 2011. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 7,2011 Prepared: February 1, 2011 Dept. Head Signature: # of Attachments: 1 SUBJECT: Flood Mitigation for Various Buildings_Change Order#1 Submitted by: Craig Clark Interim Building Official/Maintenance Administrator Recommended City Council Action: ed (Approve recommendation of award of change order#1 in the amount $64,185.00 to Plumb Tech Inc. of Waterloo IA, in conjunction with City of Waterloo Flood Mitigation for City Buildings, be received, placed on file and adopted. Approve recommendation of award of change order #1 in the amount $1550.00 to KW Electric Inc. of Waterloo IA, in conjunction with City of Waterloo Flood Mitigation for City Buildings, be received, placed on file and adopted. Summary Statement Expenditure Required $65,736.00 Source of Funds FEMA funds for flood mitigation Background Information: After reviewing the FEMA paperwork and meeting with FEMA representative it was determined that funding was available for other pumps that were outside of the original contract. • KI M 11/31/2011 07:39 FAX Plumb Tech 00001/0001 !i 3261 W AIRLINE HWY WATERLOO,.:IA"50703 Ph(3191233-5616•plumbtech@ptinc.us•Fax(3791233-5737 QUOTATION January 21,2011 To: City of Waterloo Attn: Jeff Re: Sump Pumps Revised Due to a mistake on the part of my supplier one of the sump pumps and freight for each pump and pit was left out. This is a breakdown and new pricing for the four additional sump pumps and pits located between two locations for the city of Waterloo. Sorry for the inconvenience. Police Elevator: $20,280.00 City Hall Elevator: $ 14,685.00 Vault Area: $ 12,905.00 Library Elevator: $ 12,905.00 Total: $ 60,775.00 if you have any questions call 233-5616. Plumb Tech, Inc. Zech Behrends i lik TECH 3261 W AIRLINE HWY. WATERLOO, IA 50703 Ph(3195 233-5516•plurnbtec'h@pt ncus.FaX t319J 233-5737 QUOTATION November 18, 2010 To:Modus Attu: Travis Re: Flood Mitigation Library We propose to furnish the labor and materials to route the sump pump line into the men's restroom and tie it into the storm sewer located in the outside wall. We have included the extra piping and wall cut and patch in our quote. Quote: $1,725.00 Youth Pavilion We propose to furnish the labor and materials to reroute a sanitary sewer line that runs directly in the center of were our pit needs to go. We have included all the necessary pipe, fitting and excavation to reroute the piping. Quote: '$1,685 00 If you have any questions call 233-5616. Plumb Tech, Inc. Zach Behrends KW Electric Inc. q I Industrial 1127 Lincoln Street Phone(319)277-0415 P.O.Box 967 Fax(319)277-1418 /418114) Commerical Cedar Falls, Iowa 50613 Service http:!!www k-welectic com E-mail # • Date: January 26, 2011 To: City of Waterloo Attn: Jeff RE: Sump pump wiring Jeff, We propose to install the wiring for the sump pumps for $1,550.00. The locations are the Library, City Hall, Police Dept in City Hall, and Records room in City Hall. Sump pumps and controls provided by others. If you have any questions please call. Brian DeVries Estimator/Project Manager • 0 M M/31/2011 07:39 FAX Plumb Tech �am ® ( 0001/OOp1 en Yam.. •• x -_ manum -3261 W',;.AIRLINE HW Y WATERLOO; IA 50703 Ph (319)233-5616•plumbtech@ptlnc.us•Fax(319)233-5737 QUOTATION January 21,2011 To: City of Waterloo Attn: Jeff Re: Sump Pumps Revised Due to a mistake on the part of my supplier one of the sump pumps and freight for each pump and pit was left out. This is a breakdown and new pricing for the four additional sump pumps and pits located between two locations for the city of Waterloo. Sorry for the inconvenience. Police Elevator: $20,280.00 City Hall Elevator: $ 14,685.00 Vault Area: $ 12,905.00 Library Elevator: $ 12,905.00 Total: $ 60,775.00 If you have any questions call 233-5616. Plumb Tech,Inc. Zach Behrends • .b (2y)l 1.11419 TECH ' . . 7261 td/. A/RUNE HWY. 4 e: S i it / Ph{319)233-5516•plumbtech@ptincus•Fax(3191233-5737 QUOTATION November 18,2010 To: Modus Attn: Travis Re: Flood Mitigation Library We propose to furnish the labor and materials to route the sump pump line into the men's restroom and tie it into the storm sewer located in the outside wall. We have included the extra piping and wall cut and patch in our quote. Quote: $1,725.00 Youth Pavilion We propose to furnish the labor and materials to reroute a sanitary sewer line that runs directly in the center of were our pit needs to go. We have included all the necessary pipe, fitting and excavation to reroute the piping. Quote: $1,685.00 If you have any questions call 233-5616. Plumb Tech,Inc.. Zach Behrends 7 KW Electric Inc, Industrial 1127 Lincoln Street Phone(319)277-0415 i imPilk Commerical P.O.Box 967 Fax(319)277-1418 Cedar Falls,Iowa 50613 Service http:l/www k-welectic.com , ,41111) E-mail l , ,F „#, ,,, , . Date: January 26, 2011 To: City of Waterloo Attn: Jeff RE: Sump pump wiring Jeff, We propose to install the wiring for the sump pumps for $1,550.00. The locations are the Library, City Hall, Police Dept in City Hall, and Records room in City Hall. Sump pumps and controls provided by others. If you have any questions please call. Brian DeVries Estimator/Project Manager .f° CITY OF WATERLOO Council Communication City Council Meeting: February 7,2011 Prepared: January 27,2011 Dept. Head Signature: # of Attachments: 1 SUBJECT: Library Third Floor Carpet Submitted by: Craig Clark Maintenance Admin. Recommended City Council Action: to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with Library Third Floor Carpet be received,placed on file and approved. that specifications, form of contract, etc. in conjunction with Library Third Floor Carpet be received and placed on file that"Resolution preliminarily approving specifications, form of contract, etc. in conjunction with the above described project", be adopted. that"Resolution setting date of hearing on specifications, form of contract, etc. and bid opening as March 14, 2011 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Summary Statement: Expenditure Required $33,000.00 Source of Funds 410-22-3100-2152 Background Information: City of Waterloo Request for Bid The CITY OF WATERLOO Building Maintenance Department is seeking sealed bids for the replacement of carpet and vinyl base on the third floor of the Waterloo Public Library located at 415 Commercial Street. The Waterloo Library has selected Bigelow commercial carpet tile for this project. This is the same brand used in the rest of the library. . The style is Fluid Form, and the color is 7379 Ember. No substitutions will be allowed. The Vinyl base shall be six inches in height and the color to be determined at a later date. Scope of Work: The scope of work shall include the removal of all old flooring and vinyl debris from the premises. All floor prep for the installation of the new carpet will be the responsibility of the contractor. Waterloo Building Maintenance will be responsible for moving furniture and Waterloo Library Employees will move personal effects based on a schedule agreed to by both parties to allow for the efficient completion of this project. The CITY OF WATERLOO will be responsible for the removal of asbestos floor tile in three areas and some rooms do not require new base because they have granite or wood. The areas to be carpeted are detailed by the following list and on a blue print available by request. There is a mandatory pre-bid meeting set for Feb. 28th at 1pm at meeting room A of the Waterloo Public Library. Only those attending will be allowed to submit a bid. All bids shall include a 5% bid bond and proof of insurance. Bids shall be clearly labeled LIBRARY CARPET BID and are due in Waterloo City Clerks Office by 5pm March 14th, 2011 and will be opened at Waterloo City Council Meeting on March 14th, 2011 beginning at 5:15 PM. Payment: All payments will be subject to 5% retention. Retention will be paid within 30 days of final acceptance of job. Questions can be directed to Jeff Siebel, 319-230-8307. . RESOLUTION NO. 2011-90 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE LIBRARY THIRD FLOOR CARPET. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Interim Building Official/Maintenance Administrator of said City to prepare proposed specifications, bid document, form of contract, etc. , in conjunction with the Library Third Floor Carpet, in the City of Waterloo, Iowa, and WHEREAS, said Interim Building Official/Maintenance Administrator did file said specifications, bid document, form of contract, etc. , in conjunction with the Library Third Floor Carpet. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, etc. , in conjunction with the Library Third Floor Carpet, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 7th day of February, 2011 . Lt.L.411- 1° g/44-1 Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk RESOLUTION NO. 2011-91 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE LIBRARY THIRD FLOOR CARPET, IN THE CITY OF WATERLOO AS MARCH 14, 2011, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 14th day of March, 2011, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc. , in conjunction with the Library Third Floor Carpet, in the City of Waterloo, with the taking of bids therefore. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of February, 2011 . 4441/ 76" Ernest G. Clark, Mayor ATTEST: uzy Sc , CMC City Cle k CITY OF WATERLOO \ . 21 146Uri(1' 4661 Council Communication City Council Meeting February 7, 2011 Prepared: February 1, 2011 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: 0 SUBJECT: F.Y. 2011 Downtown Wavfinding Signage Contract No. 783 STP-U-8155(719)-70-07 Notice of Public Hearing Submitted by: Jeff Bales,Associate Engineer Recommended City Council Action: Receive and approve Plans and Specifications as prepared by Craig Ritland Landscape Architects and set February 14, 2011 as date for Public Hearing and instruct City Clerk to publish said Notice of Public Hearing. Summary Statement This project will be let by the Iowa DOT on February 15, 2011. Work under this project includes the fabrication and installation of fifteen(15) signs and the fabrication of eleven(11) DOT guide signs that will be installed by the Iowa Depai talent of Transportation. Expenditure Required $225,000 Source of Funds Federal STP Funds(80%), City Match(G.O. Bond Funds) (20%) Policy Issue N/A Alternative N/A Background Information: In 2009, a comprehensive plan was put together for implementation of a wayfinding system in downtown Waterloo to provide helpful visitor direction to downtown destinations. Craig Ritland Landscape Architect teamed with Vandewalle and Associates, Inc. to complete a study with a detailed downtown wayfinding plan and signage concepts vetted with local stakeholders. RESOLUTION NO. 2011-92 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE F.Y. 2011 DOWNTOWN WAYFINDING SIGNAGE, CONTRACT NO. 783 . WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 7th day of February, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Schfres, CMC City Clerk RESOLUTION NO. 2011-93 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE F.Y. 2011 DOWNTOWN WAYFINDING SIGNAGE, CONTRACT NO. 783, IN THE CITY OF WATERLOO AS FEBRUARY 14, 2011, AT 5: 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, WITH IDOT BID LETTING ON FEBRUARY 15, 2011, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5: 30 p.m. on the 14th day of February, 2011, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783, in the City of Waterloo, with the taking of bids therefore, with IDOT bid letting on February 15, 2011 . Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of February, 2011 . "7- eid Ernest G. Clark, Mayor ATTEST: Suzy Sch es, CMC City Clerk Municipal Telecommunications Utility (MTU)Board Minutes April 27, 2010, at 4:00 p.m. Board Members Present: Doris Kelley, Dave Buck, Scott Crowley, and Jim Waterbury (quorum) Staff Member Present: Mayor Clark, Jim Walsh, and Linda Craun Dave Buck moved, and Jim Waterbury seconded that the September 15, 2009, minutes be approved as submitted. Motion carried. The budget report will be placed on file for audit. Mayor Clark will re-appoint Scott Crowley to a second term as soon as a written request is received; that request was delivered to him at the meeting. Dave Buck and Randy Pilkington were appointed to serve on an officer nomination committee. Steve Dust was unable to attend the meeting, so the Google Application Status will be postponed until the next meeting. After the Board's presentation to City Council on September 28, 2009, the Board has heard nothing back from the City. Jim Walsh stated the voters put this Board in place, and it would take another vote to disband. However, the Board could choose not to meet or to meet less often possibly yearly. Currently there is no funding; not much can be done without funding. The Board applied for funds to contract a consulting group to conduct a needs assessment of the city's overall telecom network needs to the Gaming Commission, but was denied. It was decided to keep meeting, at least yearly, on the chance that funds may become available. Chair Kelley informed the board that CenturyTel plans to acquire Qwest Communications in a stock swap. She anticipates that with likely changes in universal service funds and access charge reform that the industry will see more teleco companies including rural telephone either merging or being bought out by larger companies. In order to survive, these companies are going to have to look at a different retail model. These changes will probably have an effect on the City. Doris Kelley stated to Mayor Clark that the City needs to have an ordinance regulating the City's rights-of-way, and that conduit should be installed during any new construction. Mediacom's franchise spells out its rights to the City's rights-of-way. There was no new business. The next meeting.will be in August. Lee Grassley from Mediacom stated that Doug Nix is no longer with Mediacom and all future correspondence should be directed to Mr. Grassley. Scott Crowley moved, Jim Waterbury seconded that the meeting be adjourned. Motion carried. Linda Craun Secretary ="1 Alf, lii: CITY OF WATERLOO , IOWA 1�/ r __.. CITY ATTORNEY $ OFFICE �Z "'�'�� 715 Mulberry St. • Waterloo, IA 60703 • (319) 291-4327 Fax (319) 291-4671 dt�'rl op \O JAMES E.WALSH,JR.,City Attorney • DAVID R ZELLHOFiNLK,Assistant City Attorney Mayor BUCK CLARK COUNCIL MEMBERS MEMORANDUM TO: Suzy Schares, City Clerk DAVID ZONES FROM: Linda Craun, City Attorney's Office C. Ward 1 CAROLYN RE: Minutes of MTU Board COLE Ward 2 DATE: January 27, 2011 HAROLD GETTY Ward 3 Attached are the Minutes from the April 27, 2010, meeting. QUEN IN M. HART Ward 4 RON C: file WELPER Ward 5 BOB GREENWOOD At-Large STEVE SCHMITT At-Large CITY WEBSITE:www.cityofwateriooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Atflnnative Action Employer MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday December 15, 2010 I. ROLL CALL Pat Cole declared a quorum and called the meeting to order at 7:30. Board members present were Cynthia Goro, Pat Cole, Tom Schellhardt, Mark Higley, and Aaron Bn77a. Director Brad Hagen, Doug Schindel from AECOM, was also in attendance. Absent: Ed McCann, Steve Dust, Councilman Getty, and Councilman Hart II. AGENDA AS RECEIVED OR AMENDED. None III. PUBLIC COMMENTS. None. III. REPORTS A. Director's report — Director Hagen reviewed City budget reports through November 2010. Each revenue and expense line item was reviewed. Hagen discussed November 2010 revenues and expenses. Hagen reviewed airfares, on-time performance, load factor analysis, and enplanements were essentially flat. Hagen also discussed Delta Airlines (DL) fleet plan changes, which includes the elimination of the Saab-340 turboprop fleet and the 25% reduction (250 aircraft) in the Regional Fleet of DL service. Discussion followed. IV. BOARD APPROVAL C. Approval of Minutes of September 15, 2010 Regular Meeting. Goro moved to approve the minutes. Higley seconded. Ayes: Buzza, Cole, Goro, Higley, and Schellhardt. Motion passed. D. Motion to Receive and File September, October, and November 2010 Expenses. All expenses were reviewed. Director Hagen discussed the expenses that were non-reoccurring. Goro moved to receive and file September, October, and November 2010 expenses. Higley seconded. Ayes: Cole, Schellhardt, Bnz7a, Higley, and Goro. Motion passed. E. Approval of Agreement with Trillion Aviation for Air Service Development Hagen explained Trillion Aviation was the sole responder to an Air Service RFP that was advertised a few months ago. The agreement is for one year and a cost of $2,000 / month. The scope of work was discussed in the agreement. Our consultant, Mike Bown, is involved with Trillion Aviation and has a background of work of the Waterloo market. Hagen said this agreement is funded 80% by the IDOT grant and 20% from Hotel/Motel tax grant. Discussion followed. Schellhardt moved to approve submission of application for air service grant. Goro seconded. Ayes: Buzza, Goro, Cole, Higley, and Schellhardt. Motion passed. F. Approval of IDOT Grant for Air Service Development Hagen discussed the IDOT grant saying the grant would fund 80% of the Trillion contract just approved. The remaining 20% of funding will come from a Hotel/Motel grant. Discussion followed. Buzza moved to approve IDOT Air Service Agreement. Higley seconded. Ayes: Cole, Goro, Schellhardt, and Buzza. G. Approval of AECOM Agreement for 2011 CSVI Program Hagen discussed the FY 2011 CSVI agreement with AECOM. The agreement is for design and construction administration work in the amount of$9,000. The scope of work was discussed. Hagen said that the funding for this agreement would come 100% from the IDOT grant. Schellhardt made a motion to approve the FY 2011 CSVI agreement. Goro seconded the motion. Ayes: Buzza, Cole, Schellhardt, and Highly. H. Approval of IDOT CSVI FY 2011 Grant Hagen discussed the FY 2011 CSVI Grant from IDOT. It will fund 1000% of the costs for the AECOM agreement approved above, and also 100% of the hangar improvements that will take place in the next 8 months. Hagen said some of the improvements would not be until April, as the contractor will need nice weather to complete the improvements. Buzza made a motion to approve the FY 2011 CSVI Grant. Goro seconded. Ayes: Buzza, Cole, Goro, Highly, and Schellhardt. I. Approval of De-icer Truck'Agreement Hagen discussed the deicing agreement between City of Waterloo, through Waterloo Regional Airport, and Regional Elite Handling Services (REHS), for the use of the Airport owned Deicing vehicle. Hagen explained the Airport purchased the vehicle with a FAA grant. In turn, the Airport will lease the vehicle to REHS and Livingston Aviation for the deicing of aircraft. The City Attorney has reviewed and made changes to the agreement to protect the City. The Airport will collect $.16 cents per gallon of deicing fluid pumped and $.20 per gallon of fuel purchased to run the vehicle. Discussion followed. Cole made a motion to approve the deicing truck agreement. Buzza seconded. Ayes: Buzza, Cole, Goro, Highly, and Schellhardt. J. Approval of Farm Lease Addendum Hagen discussed the farm lease addendum. The City has a trucking firm that is relocating to the Airport west of the FedEx building and north of Airline Highway. The addendum reduces the farm land available to farm and also the required payment will be reduced at the bid rate for the 5 acres. Buzza made motion to approve the farm lease addendum. Goro seconded. Ayes: Buzza, Cole, Goro, Highly, and Schellhardt. K. Approval of Hangar Lease to Jim Pippert Hagen discussed the hangar lease to Jim Pippert. Jim is renting a hangar that is vacant at the Airport. The lease is the same terms and conditions as all other T-hangar leases. Cole made motion to approve the T- hangar lease. Goro seconded. Ayes: Buzza, Cole, Goro, Highly, and Schellhardt. VI. OLD BUSINESS VII. NEW BUSINESS Hagen briefed the Airport Board on the Air show that will be taking place at Waterloo Airport next August 27/28, 2011. Hagen briefed the Board on the air show meeting that occurred yesterday. Most details have not been worked out yet. Kiwanis of Waterloo is the sponsor and the committee is being formed to work out details. Hagen said he asked the chairman of the committee, Chris Harshbarger, to attend and make a presentation to the Board at the January 2011 meeting. Discussion followed. VIII. ADJOURNMENT Cole moved to adjourn the meeting at 8:40 AM. Goro seconded. Ayes: Cole, Buzza, Higley, Goro, and Schellhardt. Motion passed. Respect lly submi ted, t is Goro, Secretary WATERLOO COMMISSION ON HUMAN RIGHTS MONTHLY MEETING Thursday, December 9, 2010, 4:00 p.m. HUMAN RIGHTS CONFERENCE ROOM 4:00 P.M. —5:00 P.M. Call to Order Commissioner Jerome Amos called the meeting to order at 4:05 p.m. on Thursday, December 9, 2010. Roll Call Jerome Amos, Rhonda McRina, Ricardo Uranga,Jr., Dustin Cox, Steve Buckles, Ron Wood, Beth Huffman Excused Absence: Sulejman Dizdarevic, Sharina Sallis Unexcused Absence: None Staff Present Abraham Funchess, Shelly Kruger Others Present None Oral Presentation from the Public: None Approval of Agenda Motioned by Commissioner Cox and 2nd by Commissioner Huffinan to accept the agenda. Approval of Minutes Motioned by Commissioner Buckles and 2nd by Commissioner Huffman to accept the minutes. Tracking Data by Police Captain, John Beckman In the past 30 days there has been a total of 17 use of force incidents. Of those 17, there were a total of 8 taser reports filed. 6 of those 8 involved actual deployment and 2 were simply displays. In the same time frame there were 9 citizen complaints in various stages of investigation. Of the 9, 3 are still actively being investigated and the other 6 have been investigated and the officers have been exonerated from any wrong doing. Approval of Revenue & Expense Reports Motioned by Commissioner Cox and 2nd by Commissioner Uranga, Jr. to accept the October 2nd reports and motioned byCommissioner Uranga, Jr. and 2 byCommissioner Huffman to accept P p the November reports. • Commission Management Cedar Valley Conference on Human Rights Review 84%of the guests that attended thought that the keynote speaker was excellent; 95%thought the cost of$30 was appropriate for the conference; and 100%of the participants thought the facilities were ok for the event. Some of those comments were actually made in the paperwork we received. The keynote speaker, Leonard Pitts,evoked a lot of discussion through the conference and has also informed future conference discussions on poverty and race. And of course we are very grateful for everyone who was involved. Discussion evolved around how to have more conferences and funding for those conferences. December 10,2010—International Human Rights Day We're teaming up with Seeds of Hope for "Coming Together to Stop Violence" Event on Friday, December 10, 2010 from 11:00 a.m.— 1:30 p.m. at The Neighborhood Hub located at Mt. Carmel Baptist Church, 805 Adams Street. This is a service project for WCHR and a partnership between WCHR and Seeds of Hope on International Human Rights Day. We want to bring more attention to domestic violence and sexual assault,which is one of our Human Rights Agenda items. We also want to use this day to kick off a city wide clothing drive that will run from December 10, 2010—January 31, 2011. The Meeting—January 15,2011 The Meeting is scheduled to happen on January 15, 2011 at Jubilee Resource Center as a fundraiser for Waterloo Commission on Human Rights. We need to sell about 160 tickets at $20 a piece to break even with the talent that is coming from Washington D.C. Anything over that will be donated to WCHR. Voting Commissioner Amos' term is up and it is time for us to elect a new Commission Chair and Vice Chair. Although Jerome will no longer be with us on the commission he will be joining us on the Human Rights Advisory Council. Commissioner Amos nominated Commissioner McRina to be the new Commission Chair of the Waterloo Human Rights Commission. There were no other nominations. Commissioner McRina is now the new Commission Chair to the Waterloo Commission on Human Rights. The meeting has been turned over to Commissioner McRina. We now need to elect a Vice Chair. Commissioner McRina nominated Commissioner Cox to be the new Vice Chair of the Waterloo Commission on Human Rights. There were no other nominations. Commissioner Cox is now the new Vice Chair to the Waterloo Commission on Human Rights. Executive Director's Report The Executive Director Report was made available. II Other We may have to submit an ordinance change indicating that we are moving from a 180-day window to 300 to be consistent with the state in terms of the amount of time that one has to file a complaint. Staff Reports Reports were made available Commissioners Reports Planning & Zoning None Other None Adjournment Motioned by Commissioner Amos and 2nd by Commissioner Uranga,Jr. to adjourn. The meeting was concluded at 5:07 p.m. Next meeting: Thursday, January 13, 2011 @ 4:00 p.m. WATERLOO PUBLIC LIBRARY—Board of Trustees—November 8,2010 Submitted by Kim Chapman Members present: Troyce Vich,Alex Crouse,Sue Smith,Jan Hahn, Karol Erdmann Others present: Kelly Stern, Kim Chapman,Amy Heth, Lori Petersen, Nick Rossman, Mike Dargan, Carolyn Sallis, Sheryl McGovern The regular meeting of the Waterloo Public Library Board of Trustees was called to order by President Sue Smith at 12:01 p.m. Moved by Vich, seconded by Crouse,to approve the agenda as presented. Motion carried. Moved by Crouse,seconded by Vich, to approve the October 11,2010, minutes as submitted. Motion carried. The financial reports and bills were reviewed with nothing special noted on either. Moved by Vich, seconded by Hahn,to approve payment of the bills. Motion carried. The statistical report was reviewed. Sheryl pointed out circulation is down 6%compared to the same period last year, but the Library has been busy. Kim Chapman will make a change in the"Events" reporting next month by reporting adult,teen and youth programs separately as required on the state report. The report does not include October's genealogy events. Director's Report • RFID Update—Sheryl reported the Roy J. Carver Trust grant of$54,000 has been awarded to the Library! The RFP has not been mailed yet, but will go out soon. The circulation area, including the placement of the self-checks, will be refigured with the construction of a new counter/check-out station. • Teacher cards restriction—teacher cards are only issued to teachers in the Waterloo Schools with a 6-week check-out period and no fines. The question arose regarding issuing teacher cards to teachers outside of the Waterloo Schools. There was discussion with the Board asking for numbers to be reported at the next meeting regarding how many teacher cards are now issued,the circulation,etc. There is currently no written policy on teacher cards, but feelings are that it should be defined. • State library services reorganization plan & implications—the State Library reorganization committee has presented a plan to the Legislature,which still needs approval/disapproval. The State Librarian, Mary Wegner, says there may be an 18% reduction to Direct State Aid for FY11. Sheryl also reported accreditation,which is normally every three years, has been given a one-year extension. WPL's accreditation will be up in 2013, now 2014. One of the criteria to stay accredited is that 10%of the library's total budget is spent on materials. Only 9%of WPL's total budget has been spent on materials the past two years, which means the materials budget needs to see an increase during the next two years. • Sponsorship guidelines—Sheryl brought forth the question of guidelines or policy for who is allowed to sponsor events at WPL. There are no current sponsors for events besides the Friends, but WPL will begin approaching businesses for sponsorships. The consensus is to leave this alone until a problem arises, and to use common sense for sponsorships. • Charlotte Swanger—WPL has received notification as one of the recipients of the Charlotte Swanger Estate, but no dollar amount is known. • Miscellaneous—the Mayor has asked all City departments to help identify revenue building ideas or expense reductions. One idea talked about by WPL staff includes charging for use of meeting rooms with many differing opinions. After discussion, it was suggested to leave the meeting room policy as it now stands. Informational Reports from Staff • Kim Chapman, Business Office—there were 90 in attendance for the Terry Fisk creepy October event. The Annual Report is finished and has been submitted to the State Library. • Carolyn Sallis, CWA—nothing to report. • Nick Rossman, Circulation—the Hunger Games event was held October 16 at the UNI Rod Library in partnership with the Rod Library, CFPL and WPL. There was good attendance, but Nick is not eager to plan any overnight events in the future. A Harry Potter party is being planned for next year. • Kelly Stern,Youth Librarian—a monthly puppet show will be held in the youth department on the second Friday. There were 44 in attendance for October's show. The Christmas event will be Holiday Hoopla-Puppet Palooza with snacks and crafts following the puppet show on December 10. • Amy Heth,Volunteer and Marketing—Amy distributed the annual report to Board members. A thank-you video was made for the Carver and the BHCGA grants and will be posted on WPL's Facebook page. • Lori Petersen,Technical Services—with the state library reorganization and lack of funding,WPL will be taking over updating its own cataloging records formerly done by the regional library staff. • Mike Dargan,Technical Systems—Mike reported everyone from the reference department was able to attend some part of the Iowa Library Association's annual conference in October. The second floor is really busy, including public access computers. The scanner on second floor has been replaced. A monitor has been installed at the front door. Mike feels there seems to be less patrons banned than in the past, and Mike attributes that to staff keeping on top of behaviors, particularly the teen population. Mike is experimenting and making a change in public wireless access connections. • Sheryl McGovern, Director—Sheryl added she attended an IUPLA(Iowa Urban Public Library Association) meeting last week, and in comparison to other IUPLA libraries,WPL is last in circulation and last in funding from the City, but at the top in computer usage. Referred for Board Action • FOL raffle at annual meeting— Sheryl asked for clarification of last month's motion regarding the Friends of the Library selling raffle tickets, which was believed to be a one-time exception to the solicitation policy. After discussion, moved by Hahn, seconded by Vich,to get a legal opinion to sell raffle tickets on library premises, if a permit is needed to sell raffle tickets, and to give prior knowledge to the Board if a raffle is going to occur. Motion carried. • Extension Agreement: Director—the agreement is not ready. No Board action taken. • Extension Agreement: 3rd Age Coordinator—Moved by Vich, seconded by Crouse,to extend the contract to share the 3rd Age Coordinator position with CFPL. Motion carried. • Contract: Youth Services Librarian—after discussion, moved by Erdmann, seconded by Hahn, to approve the agreement to share in services and expenses of the Youth Librarian position with CFPL. Motion carried. • Alcohol Policy—the policy presented is the same policy used at CFPL. Sheryl has e-mailed the City Clerk regarding the City's policy and insurance. A vote for this policy will be held until information is received from the City Clerk. The question arose why the policy addresses wine and beer and no other alcohol. No Board action taken. • Library Logo&tagline proposal—Amy has been working with different agencies on estimates and proposals on creating a WPL logo and tagline. Amy attended a grant writing workshop last week presented by Carolynn Sween of the Community Foundation, and one of Carolynn's suggestions is that companies create a "position statement." A position statement is a way to show what makes a company unique. After discussion and presentation of three very differing proposals,the Board asked for more information and detail from the companies. No Board action taken. [1:01 p.m., Sue Smith left the meeting;Vice-President Jan Hahn continued the meeting] • Myrtle Smith interest distribution—the annual distribution of the Myrtle Smith endowment estate is $5,147. This amount can be invested back into the endowment or deposited into usable funds. Moved by Vich, seconded by Crouse,to take the distribution for use in purchasing materials. Motion carried. • General Fund Endowment interest distribution—the annual distribution of the general fund endowment is$11,025. Moved by Vich, seconded by Crouse,to take the distribution for use in purchasing materials. Motion carried. • Custodial contract renewal—the proposal from Perto for continued janitorial services was distributed and discussed. Moved by Vich, seconded by Crouse,to accept the proposal presented by Perto and to bid out the contract when it expires. Motion carried. Labor/Management Communications—the October 21, 2010, meeting notes were included in the packets. FOL Liaison—Troyce distributed membership envelopes to Board members. Memberships can be mailed or dropped off at the annual meeting and volunteer recognition where prizes will also be awarded. The meeting is at 4:00 p.m., November 18. The next meeting will be January 10, 2011. Moved by Vich, seconded by Crouse,to adjourn at 1:16 pm. Motion carried. CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS CENTER BOARD MEETING January 5, 2011/10:00 A.M. MINUTES Chairman Feaker called the Consolidated Communications Board Meeting to order at 9:53 a.m. on Wednesday, January 5, 2011. Board Members Present: Chairman Larry Feaker—LaPorte City PD Jeff Marsh—Hudson PD Mike Jenn—Waterloo Fire Jeff Olson—Cedar Falls PD Daniel Trelka—Waterloo PD Sheriff Thompson—BHCSO Judy Flores—BH Consol. Comm Jan Swanson—BH Consol. Comm. Lorie Glover—BHC EMA Randy Weber—Evansdale PD John Schilling—CFFR Tim Schultz—Dunkerton PD Terry Brennan—RACOM Kent Smock—Evansdale FR 1. Approval of minutes of the Dec 1,2010 Board Meeting. Motion made by Thompson and Seconded by Olson to approve the minutes of the December 1, 2010 meeting. Motion carried. 2. Agenda Revisions. None 3. Old Business 3A. Report from Communications Administrative Supervisor Judy reported Shield made updates to SW Mobile and are monitoring the MySQL lockup. Dispatcher training will be 1/13/11 with Weather Spotting and"Is the Caller the Killer?" Dispatch adopted a family and raised $1700 for the family. Two Part-Time dispatchers started work. Thompson stated he is looking into more environmental controls for more heat and moisture. Disc followed. Judy stated she has taken cleaning issues to Rory in Maintenance. When asked how long it takes to fully train a new dispatcher, Judy replied they are required to go 120 hours at each of 5 positions. For a PT dispatcher it could take up to a year. B. Discussion ref FY12 Budget Feaker stated they went in requesting 4%but changed it to 1%. They wait to see what the Union will do. Judy did a fine job. Judy stated they sent what the attorney recommended to Covenant- they asked for$85,000 and feel Covenant will come back pretty close to that. Attorney is working on some of the language. Sartori's amount is a set formula and Judy will run the Calls For Service (CFS) for this last calendar year. That will come off of Cedar Falls. Department of Corrections will be going through their contract soon. 1 • • 4. New Business: A. Discussion and Possible Board Action ref Intrado Extension for Text Messaging Judy stated this is just a request for continuation of Statement of Work through 8-2011. After that, 911 will have to pay a maintenance fee to maintain that system. Judy is working on FY12 budget for 911 and asked Intrado for figures. Feaker believes this is going to take off as other cell phone carriers jump on board. Discussion followed. In talking with Verizon, Judy stated they want to sit back and watch at this point. They understand that it will be mandated like when the legislation made it mandatory for cell phones to ring directly into 9-1-1. Motion made by Marsh to approve the extension agreement and seconded by Olson. Motion carried. B. Discussion and Possible Board Action ref Emergency Support Function (ESF) Lorie Glover stated they update the ESF every year and from Communications they would like a representative from Black Hawk Consolidated Communications Center, though EMA will be writing the plan. They will send it out to supporting and primary agencies. They believe they can get it accomplished with one to two meetings with most of it being done by email. Feaker will appoint someone. C. Weather Spotter Training Scheduled for January 12, 2011 at 10:30 and 2:00 and January 13, 2011 at 3:00 at Hazardous Materials with Jeff Johnson from National Weather Service. They will videotape the 2:00 session which can be checked out by those who cannot attend. March 7 will be annual weather spotting training at HCC Auditorium at 6:30 pm. Sign up with Lorie Glover. EXECUTIVE SESSION: None requested. GENERAL DISCUSSION: Adjournment: Motion made by Schultz and Seconded by Marsh to adjourn. Motion carried. Meeting was adjourned at 10:09 a.m. Respectfully submitted, Larry Feaker LF:j es 2 Black Hawk County Criminal Justice Information System Board of Directors Meeting January 5, 2011 The regular meeting of the Board of Directors of the Black Hawk County Criminal Justice Information System was held on Wednesday, January 5, 2011, at the Fire Training Facility. Chairperson Jeff Olson called the meeting to order at 9:30 a.m. Voting Members in Attendance: Guests of the Board in Attendance: Jeff Olson, CFPD J Flores, BH CCC T Thompson, BHCSO J Swanson, BH CCC L Feaker, LaPorte City PD J Marsh, Hudson PD D Trelka, Waterloo PD T Little, BHC BOS R Weber, Evansdale PD Voting Members Absent: ACTION ITEMS: Approval of Agenda Approval of Dec 1, 2010 Board Meeting Minutes — Motion made by L Feaker & Seconded by D Trelka to approve the minutes of the Dec 1 Board meeting. Motion carried. Approval of Bills Paid in Dec, 2010 & Approval to Receive & Place on File Nov 2010 Accounting Reports: IA DPS-4103.00, Staples-27.99, Mastercard-596.79, Verizon Wireless-1493.13, Courier-65.1 ,0, BH Cons Comm-809.00, CF Util-450.00, RSM McGladrey-1181 .00, Advanced Systems-90.19, MorphoTrak-4767.00 Action: Motion made by D Trelka & Seconded by T Little that the Board approve the list of bills paid in November & Approve to Receive & Place on File October, 2010 accounting reports. Motion carried. OLD BUSINESS: 1. Update on Charter & the 28E Agreement.- Charter & 28E Agreement are signed. Motion to record Charter at BHC Recorder's Office for $29 made by Feaker & Seconded by Weber. Motion carried 2. Disc & Poss Board Action ref Monthly Reconciliation of Bank Accts. Offer made to take books to Jane Whittlesey, LaPorte City Clerk for reconciling monthly made by Feaker. NEW BUSINESS: 1. Report on Audit by IA State Auditor's Office.- Jan stated she has the draft for the MDA & report looks good. GENERAL DISCUSSION: Judy reported the CJIS User's Group will meet this month. Adjournment: Motion made by Feaker & Seconded by Trelka to adjourn at 9:36 am. Motion carried. Respectfully submitted, Chairperson Jeff Olson JO:jes •. BLACK HAWK COUNTY 911 SERVICE BOARD January 5,2011 Vice Chair Olson called the meeting of the Black Hawk County 911 Service Board to order at 10:20 a.m. on Wednesday, January 5, 2011 at the Waterloo Fire Training Center. Members Present: Chief Olson—Cedar Falls PD Sheriff Thompson—BHCSO Chief Schultz—Dunkerton PD Chief Weber—Evansdale PD Chief Marsh—Hudson PD Chief Feaker—LaPorte City PD Battalion Chief Jenn—Waterloo Fire Non-voting Members Present: Lorie Glover—BHC EMA Chief Trelka—Waterloo PD 1. Roll Call for Attendance: Black Hawk County—yes, Cedar Falls-yes, Dunkerton-yes, Evansdale-yes, Hudson-yes, LaPorte City-yes, Waterloo Fire-yes 2. Discussion and Possible Amendments to the Agenda No amendments 3. Budget Update/Approval of Minutes-Approve the December 1,2010 Minutes and Budget Update: Motion made byT Thompson and seconded by T Schultz to approve the budget update and minutes to the December 1, 2010 meeting. Motion carried. 4. OLD BUSINESS 4A. Discussion and Possible Board Action ref Harris Radio Replacement No news. NEW BUSINESS: 5A. Discussion and Possible Board Action ref Intrado Extension for Text Messaging MOTION MADE BY J Marsh and SECONDED by T Thompson to extend the Text Messaging agreement with Intrado. MOTION CARRIED. 5B. Discussion and Possible Board Action ref Narrowbanding Olson stated a lot of the fire paging systems need to make changes to be in compliance by 2012. They need additional equipment for the towers. Terry Brennan stated the county/fire/police equipment has been impacted in the last 15 years by interference on that band . When it gets narrowbanded they basically have to squeeze the spectrum in half and the signal/noise ratio gets impacted and coverage is going to decrease. They could just replace what is there at KXEL and live with other coverage. In looking at other counties (i.e. Johnson, Polk, Linn)and what they are or will be doing,they are looking at adding tower sites and boost up their signal and going with simulcast paging systems that will simultaneously broadcast from multiple sites to provide more signal to improve outdoor coverage and indoor pager coverage. Doing this would cost $200,000 if not half a million dollars. If the Board thinks they would like RACOM to figure out 1 what they would need for tower sites to improve fire paging coverage,they can get a figure together from their engineering staff. The estimate Brennan gave Olson was based on Johnson County's experience. Brennan stated they could just replace equipment on KXEL's tower but the system is not as good today as 15 years ago because of interference from wireless technologies like home routers, etc. Everything has a router built in from Xbox, TV, cell phones, etc. Olson suggested that two year advance notice really isn't significant when trying to get funding. Olson wondered if they could get some narrow banding equipment,put in on the KXEL tower, do some test pages and see if we have problems now. If we do, we know we will have problems in the future when they narrow it. Schilling stated just a propagation study of the area would show where the weaknesses will be without putting it on a tower; they can plot it out on a map for you. His concern is that the FCC is talking about narrow banding to 6.25 in another 5 years, beyond 2018, so when we look at the engineering of what they can add they need to make sure they have the capability of going to 6.25 not just 12.5. Brennan interjected that what Chief Schilling is talking about is sometimes referred to as very narrow banding. He added that this has nothing to do with their current 800 MHz EDACS voice system. Olson stated this narrow banding is something they need to start addressing as they put the E911 Service Board budget together. He asked Brennan if there is a cost for having RACOM look at the cost of putting towers where they need to be. Brennan stated there is a cost but he doesn't anticipate charging this Board for that. RACOM would just do it to support them in this. Thompson asked if the issue of narrow banding is a reduction in signal strength as well as quality. Brennan replied no,that what the FCC is trying to do is try to squeeze twice as many channels as they have today; everything below 500 MHz which is their VHF. Thompson asked for the residual effect of that. Brennan stated if they think of receivers and sensitivity it's a matter of the ratio between their signal strength and their noise. If you reduce the amount of signal, the ratio of signal to noise by default changes so the noise becomes more of an issue. So receiver sensitivity, what they used to be able to pick up because they had more signal, now cannot beause that ratio has been impacted. Discussion followed. Brennan stated that pagers are more important for firefighters than their radios. If they cannot get the page, they cannot respond. Smock stated they are in the process of upgrading the EMA sirens for the receivers of the radios and wondered if they are VHF. He wondered if they could piggyback onto the system they are upgrading anyway; switch the fire pagers to that system and put on a different encoding. Brennan replied that a lot of systems share the same frequency and infrastructure for sirens as they do paging. He continued it is a whole lot easier for the tornado siren to receive the frequency than for the pager indoor. If you solve paging, car station alerting is easy. Schilling added that another issue with the tornado sirens is they are directional antennae so it's pointing directly back to the tower here and you might not get any distance beyond that. It is not a 360°encompassing area. Smock wondered since they already have to boost the power on the VHF transmitters for the sirens if they would be able to piggyback and cut our costs in half. It doesn't sound like we can. Schilling asked if there is any possibility of paging in the 800 spectrum. Brennan replied no. Smock stated LaPorte City and Dunkerton are already having problems and he doesn't want no one getting a page when they narrow band. Brennan stated in the past they have looked at other types of things for LaPorte like repeaters but all those types of things change how dispatch would have to work so it is not a reasonable solution because some have to wait for pages while others are getting pages. He continued that looking at this simulcast system is really what everyone else is going to because it is working really,really well. It's a matter of having two funding cycles to try and do it. Marsh stated we need to look at all the other options whether or not we need to look at how dispatch is sending 2 out the pages. He added he doesn't see how this Board can raise $500,000. Olson stated if we have to look at alternative funding sources like grants or funding from the Isle of Capri we may have to do that. Thompson stated every agency in the United States is facing the same problem so if there is money to be had it is going to be competitive. Smock wondered if there are grants through EMA for doing the sirens. Schilling replied the EMA applied for a gaming grant to upgrade the storm siren systems; a$23,000 grant. Smock asked if there are other potential benefits if we upgrade the system that the private sector could use because they are going to run into the same thing. If we put a tower up and make it broad enough that they can piggyback on their own signal. They could lease them. Brennan stated the $500,000 is not for building towers but for leasing space, putting equipment up and reprogramming everybody. Olson asked Brennan to get them some figures because the sooner they know what it will cost the sooner they can find ways to pay for it. They can discuss this further in Budget Committee. It sounds like this is the only alternative since they cannot piggyback off of siren towers nor go to 800 system. Two years will speed by quickly so they need some ideas and some figures. Judy stated they bonded for the radios and there is not enough left in the bond to do this project. They have to keep operations going in the Center before anything else is done. She added that wireless surcharges are going up a little bit but certainly not enough and wire line surcharges continue to go down. Thompson stated it may challenge us to come up with a completely new way to page out fire. Schilling stated that one thing they can do is continue to work with text messaging from dispatch and try to refine that until they are close to 100%. Olson stated there are towers all over for cell phone texting. Olson asked if there programs out there where you can text without going through the cell phone service. Schilling responded that there are software programs out there for instance "I am Responding" specifically for fire department type response where it is on the dispatcher's computer, they type in the call, it goes out to their cell phones and they can respond back to Dispatch. It would be totally separate from CAD and would be an extra step for dispatchers. He added there are still issues with some cell phone providers where if towers are clogged up it's going to delay pushing the call out there. Discuss followed. Smock said there are carrier issues. He is on Verizon and is 2-3 minutes behind everyone else. Firefighters who are on US Cellular are nearly instantaneous. He doesn't know if providers can prioritize or not. Olson asked Smock how the text messaging is working out. Smock said sometimes they are instantaneous but yesterday he got one five minutes later. He feels they have most of the bugs worked out. They are getting it in Evansdale, LaPorte is getting it and possibly Raymond is getting it. Others may have given information to the Comm Center,too. Marsh stated Hudson is getting it and it is working very well for them. Olson stated they are working to get Cedar Falls Police set up. Smock stated Daryl from Shield has gone in to do some tweaking on the program and has corrected any problems they have had at Evansdale Fire. Discussion followed. The fix was to text the units. Raymond may have to tweak something else because the text goes to the fire department not the units. Judy stated they could make a group for each unit. 5C. Discussion and Possible Board Action ref New Maintenance Contract with RACOM We have a July—June agreement for EDACS network usage. There has been an average of 2- 3% increase per year and Brennan proposed a 3% increase for FY12. Brennan stated the maintenance contract is all inclusive. It's been around since possibly 2004 and they've lumped access fees and maintenance together. When they add radios they don't change the fees unless 3 something major occurs like when we added the new phones. The agreement was to increase 3% unless we added something major. Smock asked if the new radios aren't under manufacturer warranty. Brennan stated you have to look at what a manufacturer warranty covers versus what is the servicing and maintenance of that. If there is a defect that needs to be resolved, the manufacturer takes care of that. They do not cover reprogramming, support or any additional software loads or the labor associated with doing that. The hardware warranty covered when we sent the radios back to the manufacturer and ultimately those radios were replaced. It does not cover the support that RACOM is giving. Two years ago when there was a bump in the increase was the year they originally got the radios, the VIPER phone system and installed the old phone system in the backup site. Thompson stated his objection with 3% increase is this Board is realizing a reduction in revenues, not an increase. He added we have an increase in operational costs across the board and less money to pay for it. Marsh suggested a subcommittee be assigned and come back to the Board with an offer to RACOM. Olson stated the Budget Committee can research this. To reappoint a Budget Committee because of changes on the Board, Olson will assign outside this meeting since the committee must consist of voting members. Judy will send out notices when they will meet. Motion made by Thompson and SECONDED by Marsh to table this item until next month. Motion carried. 5D. Discussion and Possible Board Action ref Voting Members for the Board Olson stated they need to get the outdated By-Laws to Weidner, our attorney, for updating or he can appoint a committee to go through them first. There are many changes that need to be made since 2007. State Code will dictate some of the changes. Judy stated the "night meetings" might need to be addressed as well. Marsh thinks they have had problems in the past getting agencies to the meetings so they have two evening meetings a year and they haven't been participating in those either. He would like to see the mandatory evening meetings eliminated unless they are called for. Olson stated if a night meeting is requested they could do that. Judy remarked it would be nice to have the By-Laws updated by the time they have the budget to approve for the Full Board. Olson will get the By-Laws to Weidner so we are ready for the March approval of the budget. 5E. Discussion and Possible Board Action ref Open Chair Position and Possible Election of Same Olson stated with Carter's change of position we need to fill his position as Chair. Feaker asked Trelka if the Mayor has appointed him to represent Waterloo. Trelka stated he will represent the City of Waterloo until the next election. Judy stated the Mayor will need to send the Board something in writing as to his appointment. Marsh nominated Chief Jeff Olson as Chairman of the Board. Seconded by Feaker. Schultz moved that the nominations cease. Seconded by Marsh. ROLL CALL: 4 Black Hawk County—yes, Cedar Falls-yes, Dunkerton-yes, Evansdale-yes, Hudson-yes, LaPorte City-yes, Waterloo Fire-yes Motion carried. Weber nominated Chief Jeff Marsh as Vice Chair. Seconded by Schultz. ROLL CALL: Black Hawk County—yes, Cedar Falls-yes, Dunkerton-yes, Evansdale-yes, Hudson-yes, LaPorte City-yes, Waterloo Fire-yes Motion carried. 5F. Discussion and Possible Board Action ref Emergency Support Function—Lorie Glover Glover stated they are changing over the annex for communications into emergency support functions which are the new format. They are looking to get ESF 2 completed this fiscal year and are looking for a representative from this Board to sit on that. Olson stated he will get someone to help out. G. Discussion and Possible Board Action ref ByLaws Olson will get these to Weidner to bring to the Board in March for approval. GENERAL DISCUSSION Judy explained that she has to complete the budget forms for the State of Iowa online. Those forms were released in December so she is putting the numbers together and looking at where they ended up last year with revenue and surcharge fees. She added it has typically been pretty tight with the money they are paying for the radios making the carryover drop drastically. This budget needs to be completed by March and must be posted in the paper when the Public Hearing will be between 10 and 20 days before the hearing. It is separate from our regular meeting but on the same night. They open with the Public Hearing and close that to go into the regular meeting. It has to be an evening meeting. She has to have it to the State by March 15. ADJOURNMENT: Motion made by Schultz and seconded by Weber to adjourn. Motion carried. Meeting adjourned at 11:02 a.m. Respectfully submitted, Vice Chair Jeff Olson JO:jes 5 263 At the regular meeting of the Board of Waterloo Water Works Trustees, held Wednesday, January 19, 2011, there were present Terry Kuntz, Chairman Pro- Tern, and Rodger Burris, Trustee. Also in attendance: Steve Scharfenberg, Assistant General Manager, and Dennis Clark, General Manager and Secretary. Chairman Pro-Tern Terry Kuntz called the meeting to order at 8:00 a.m. The Board held a moment of silence in memory of Chairman Craig L. Caslavka. The Board approved to adopt the agenda. The minutes of the regular meeting of December 15, 2010 were approved as read. Upon motion, passed, the following Bills Resolution was adopted. BE IT RESOLVED BY THE BOARD OF WATER WORKS TRUSTEES OF THE CITY OF WATERLOO, IOWA: That the bills listed below for which warrants against the funds designated, have been issued in payment, are found to be correct, and the acts of the Secretary in issuing and delivering said warrants are hereby ratified and approved. DECEMBER 31, 2010 GENERAL FUND 43409 Collection Services Center Authorized payroll deduction for 370.53 child support 43410 Cedar Valley United Way Authorized payroll deduction for 110.10 United Way 43411 ING Life Insurance Authorized payroll deduction for 3,012.00 deferred compensation 43412 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 43413 Public Employees Credit Authorized payroll deduction for 3,514.50 Union credit union 43414 Charles Schwab Institutional Authorized payroll deduction for 628.14 employee pension contribution EFT US Department of Treasurer Federal withholding tax 18,137.38 43415 American Casting & Wire for water meter tamper 252.17 Manufacturing Corp. resistant devices 43416 Acco Unlimited Corp. Chemical pump parts and strainers 475.41 for wells 43417 AMOT Thermostatic valve for diesel motor 533.94 at well #22 43418 Assurant Employee Benefits Dental and disability insurance 6,453.65 43419 Bankers Trust Semi annual fee for 2007 Capital 200.00 Loan Notes 43420 Black Hawk County Data processing for October 6,188.39 Treasurer, MIS 43421 Spring Goetsch Refunded double payment 55.33 43422 Amy M. Frankhauser M. D. & U. D. refund 1.33 43423 Beth Oberheu 4.50 43424 Nichole K. Onken " " " 29.59 43425 Brooke Olmstead " it " IC 15.40 43426 Karen Franzen M. D. refund 2.09 43427 Robert & Zella Johnson M. D. & U. D. refund 9.23 43428 E. H. Wachs Company Rebuilt gearing in handheld 1,588.54 hydraulic wrench 43429 Ferguson Enterprises, Inc. Parts for PRV pits in Washburn 314.77 43430 Fifth Street Tire, Inc. Rotated and balanced tires on unit 80.00 #18 43431 Hawkeye Alarm Signal Co. Annual alarm monitoring for panic 178.00 button system 264 43432 Iowa Department of Natural Operator certificate fee, D. Cunningham 40.00 Resources 43433 Iowa Public Employees IPERS for 11 employees 5,126.86 Retirement System 43434 Lewis System of Iowa, Inc. Armored car service 234.76 43435 Menard's Kitchen and restroom supplies 196.44 43436 MidAmerican Energy Co. Gas, power and electric 27,448.33 43437 Matt Parrott & Sons Co. Uniform embroidery, copying machine 613.74 paper and ink, tape, paper clips, dust cleaner, calendars, pencils and small calculator 43438 Postmaster Postage 3,000.00 43439 Proshield Fire Protection Five new fire extinguishers 310.50 43440 Qwest Service 309.34 43441 Scot's Supply Nuts and bolts for large meters 63.81 43442 Sensus Metering Systems Registers for meters 1,806.40 43443 Service Signing, L. C. Traffic control on Highway 63 and 175.00 Martin Road 43444 Steffen Oil filters for power units 90.00 43445 Utility Equipment Co. Megalugs, brass valves, fittings, 2,404.63 sonoscopes and material to repair drain tile EFT State of Iowa Treasurer Sales tax 16,219.99 EFT Treasurer, State of Iowa State withholding tax 6,969.00 43446 ABM Janitorial Janitorial services 1,021.08 43447 Acco Unlimited Corp. Chlorine and HFS 16,289.20 43448 Advanced Systems, Inc. Maintenance contract for copying 128.64 machine 43449 All Star Plumbing & Heating Assisted with water service line 180.19 repair at 210 Norimer 43450 American Veterans Replaced water service line at 3,400.00 Plumbing 1003 Logan Avenue 43451 Bankers Trust Principal and interest payment for 357,218.75 2007 Capital Loan Notes 43452 Bergen Plumbing, Heating Pave box repair at 712 Denver, 5,402.04 & Cooling replaced water service line at 305 Cutler and plugged leaking stub at 110-120 E. 11th Street 43453 Black Hawk Waste Disposal Waste disposal 94.00 43454 The CBE Group, Inc. Collection fee 109.16 43455 C & C Welding & Sand Oil and filter for snow plow on unit #11 24.08 Blasting 43456 City of Waterloo 2010 Street Reconstruction 20,154.26 Project 43457 D & J Oil Company Diesel for motors at wells #14 and 649.60 #21 43458 Matthias Landscaping Refunded double payment 425.17 43459 Patricia A. Brimmer M. D. & U. D. refund 16.09 43460 Andrea Williams 9.89 43461 Eddie Rogers " " it " 25.85 43462 Emilee J. Clark " 4.50 43463 Julie Tucker It " " 1g10.90 43464 Daniel Kakavas 3.23 43465 Sheryol Shugar " " " 12.40 43466 Patti Schaff " " 1112.40 43467 Dell Marketing, L. P. Two new computers for office 1,365.00 43468 Diebold, Inc. Repaired after hours depository 266.00 drawer at Customer Service Center 43469 Engineering Systems, Inc. Material to rebuild PRV pits in 1,754.75 Washburn 43470 Fifth Street Tire, Inc. New tires for unit #11 650.68 43471 Greater Cedar Valley Annual membership dues 320.00 Alliance 43472 Gierke-Robinson Co. Gaskets for discharge hoses 5.53 265 43473 IWI Motor Parts Battery and alternator for unit #7 213.88 43474 Steve Kerns Reimbursement for cell phone 50.00 43475 Kwik Trip, Inc. Fuel for vehicles 3,441.33 43476 Menard's Electrical tester, screwdriver set, 216.21 socket set, wire stripper and air compressor for pumping station 43477 Murphy Tractor & Equipment Repaired rear window and frame 3,099.03 on unit #20 43478 PDCM Insurance Commercial, commercial auto, 8,531.48 commercial umbrella and workers compensation insurance 43479 Radio Communications Access fee and monthly pager rental 154.00 43480 Rainbow Florists & Green plant 50.00 Greenhouses 43481 Tim Robbins Reimbursement for cell phone 50.00 43482 St. Luke's Drug & Alcohol Drug testing for two employees 74.00 Testing Services 43483 Utility Equipment Co. Parts for meter change outs 811.10 43484 Rick Wilberding Reimbursement for cell phone 50.00 43485 Collection Services Center Authorized payroll deduction for 370.53 child support 43486 ING Life Insurance Authorized payroll deduction for 3,012.00 deferred compensation 43487 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 43488 Public Employees Credit Authorized payroll deduction for 3,514.50 Union credit union 43489 Charles Schwab Institutional Authorized payroll deduction for 620.72 employee pension contribution 43490 Teamsters Local Union #238 Authorized payroll deduction for 661 .00 union dues EFT US Department of Treasurer Federal withholding tax 19,431.62 43491 AECOM Construction review engineering 4,478.25 services for Third Street River Crossing Project 43492 Allen Memorial Hospital Drug screening for two employees 44.00 43493 American Veterans Removed corporation and plugged 1 ,850.00 Plumbing at main at 410 Lane vacant lot 43494 Aramark Uniform Services Towel service 271.76 43495 Aspro, Inc. Cold mix 1,361.37 43496 AWWA Annual compensation survey 212.50 43497 Black Hawk County Auditor Water and sewer bond fees 10,005.00 43498 Black Hawk County Data processing for November 5,795.09 Treasurer, MIS 43499 Black Hawk Electrical Co. Replaced three ballasts in office 125.37 43500 BMC Aggregates, L. C. Fill sand and roadstone 587.89 43501 Campbell Supply Assorted hard hat liners 44.11 43502 City of Raymond Water bond, sewer and garbage fees 10,449.18 43503 City of Waterloo Garbage, sewer and storm water 896,573.72 43504 Dennis Clark Reimbursement for Iowa Professional 100.00 Engineering License renewal 43505 Community National Bank Bank charges for November 323.86 43506 Karen McDivitt Overpayment on final bill 30.00 43507 Tammy L. Frohn M. D. & U. D. refund 105.00 43508 Kortney Brustkern 59.59 43509 Rodney Schnittjer It " 42.40 43510 Hogan & Hansen Payroll and consulting services 382.50 43511 Iowa Department of Natural Operator exam fees and certificate 130.00 Resources fee, J. Manning 43512 Iowa State University Work Zone Safety Workshop 450.00 Extension registration fees for six employees 43513 Kirkwood Community Water Distribution Operator and 155.00 College Maintenance Self Study Training, S. Moore 266 43514 Travis Larson Reimbursement for uniform cost 21.66 43515 McDonald Supply Materials for meter change out in 87.14 meter pit at Cattle Congress 43516 Menard's Small fittings, hammers, irrigation 141.93 pipe and all purpose cleaner 43517 Matt Parrott & Sons Co. Uniform embroidery 8.50 43518 Postmaster Postage 770.00 43519 Sensus Metering Systems Coordinator oil for compound meters 24.54 43520 Sue Sperry Reimbursement for jury duty 4.10 43521 Swisher & Cohrt, P.L.C. Legal services 192.50 43522 TestAmerica Laboratories Water sampling 40.00 43523 The Courier Legal ad 75.95 43524 Waterloo Water Works City service fees and reimbursed 9,204.40 petty cash for copies and repair parts for snow blade and backhoe EFT State of Iowa Treasurer Sales tax 11,000.00 43525 Acco Unlimited Corp. Replacement check valve parts for 762.22 chlorine and fluoride pumps, pump discharge valve and chemical pump supplies 43526 American Veterans Repaired inside plumbing parts 348.39 Plumbing damaged by water main shut down at 165 Pershing 43527 B & B Builders and Supply Paving patches 13,182.72 43528 BMC Aggregates, L. C. Fill sand and roadstone 102.25 43529 Campbell Supply Demolition hammer and parts for 886.31 unit #18 43530 City of Waterloo Final retainage for 2009 Spieker Road 2,371.20 Water Main Replacement Project 43531 Dawn Hernandez M. D. & U. D. refund 10.90 43532 John R. Claassen " " " " 70.80 43533 Hillary Goodall " " It 9.23 43534 Teresa Tucker Overpayment on final bill 28.04 43535 Dex East Advertisement in phone book 34.15 43536 Fifth Street Tire, Inc. New front tires for unit#15 255.80 43537 Brian Giachino OSHA Competent Person Trenching 500.00 Seminar for three employees 43538 Iowa Department of Natural Operator certification fee, T. Larson 40.00 Resources 43539 Keystone Laboratories Water sampling 960.50 43540 Travis Larson Reimbursement for uniform costs 20.00 43541 Menard's Epoxy for sledgehammer handles 23.67 and measuring tapes 43542 Northland Products Co. Oil 473.93 43543 Northway Well & Pump Co. Rebuilt pump and televised well #12 14,607.14 43544 National Society of Annual dues, D. Clark 347.00 Professional Engineers 43545 Matt Parrott & Sons Co. Copying machine paper, uniform 1,125.25 shirts, toner, binder clips, binder, bathroom towels and riser stand 43546 Postmaster Postage 1,651.00 43547 Service Roofing Co. New roof at well #20 8,769.00 43548 Storey Kenworthy Laser printers 2,799.72 43549 Utility Equipment Co. Material for meter change out at 338.46 Cattle Congress, valve box wrench for unit #4 and curb box repair sleeve 43550 Van Wert, Inc. Meter reading service 4,483.20 43551 WBC Mechanical, Inc. Repaired boiler in office 138.36 43552 Collection Services Center Authorized payroll deduction for 155.53 child support 43553 ING Life Insurance Authorized payroll deduction for 3,012.00 deferred compensation 43554 Lincoln Financial Group Authorized payroll deduction for 40.00 267 deferred compensation 43555 Public Employees Credit Authorized payroll deduction for 3,514.50 Union credit union 43556 Charles Schwab Institutional Authorized payroll deduction for 653.67 employee pension contribution 43557 DHC dba AAA Electrical Repairs at well #18, #20, #21 4,364.36 Contractor and #22 43558 Acco Unlimited Corp. Chlorine, HFS and new corporation 12,656.29 at well #16 43559 Advanced Systems, Inc. Maintenance contract for copying 145.77 machine 43560 Airgas North Central Ice melt 477.27 43561 Al Gordon Plumbing & Repaired water service line at 2,400.00 Heating 1914 Howard 43562 Alliance Benefit Group Fee for distribution of final employee 120.00 funds in Water Works pension fund 43563 Andrews Auto Supply Oil/fuel filters for diesel motors at wells 212.50 #14, #21, #22, belt for air compressor in boiler room, wiper blades-unit#19, snow blower spark plugs and oil filters for stock 43564 Aspro, Inc. Cold mix 579.47 43565 Assurant Employee Benefits Dental and disability insurance 6,243.67 43566 AWWA Membership renewal for M. Ratkovich 198.00 43567 Black & Veatch Corp. Consulting engineering for GIS 3,659.75 mapping 43568 BMC Aggregates, L. C. Fill sand and roadstone 509.52 43569 Campbell Supply Cloth rags and pipe wrenches 208.97 43570 Mark Lyons M. D. & U. D. refund 7.73 43571 Safet Lakic 19.47 43572 Erika Pugh " " It 13.65 43573 Dell Marketing, L. P. Computer hard drive and monitor 1,748.09 in distribution department 43574 HD Supply Waterworks, Ltd. Plastic lid for meter pit 91.19 43575 Iowa Division of Labor Annual boiler inspection and permit 125.00 Service 43576 Iowa One Call One Call service 522.90 43577 Johnstone Supply Furnace igniter at well #14 21.23 43578 McDonald Supply Hose bid vacuum breakers for dead- 41.90 end hydrants and repair parts for office break room faucet 43579 Menard's Restroom/kitchen supplies, electrical 657.04 plug ends, diesel can, portable heaters/light bulbs/thermostats for well houses, fiberglass ladder, garden hose, hose stands, propane cylinders, small fittings and electrical tape 43580 MidAmerican Energy Co. Gas, power and electric 26,634.70 43581 Matt Parrott & Sons Co. Laser printer, calculator rolls, uniform 977.07 embroidery, toner, typewriter ribbon, pens/pencils and desk calendars/planners 43582 Postmaster Postage 3,000.00 43583 Secretary of State Notary renewal, S. Sperry 30.00 43584 Sensus Metering Systems Touchpad assemblies and 2,291.93 measuring chambers 43585 Utility Equipment Co. Road boxes, casing spacers, end 2,768.14 seals and curb box repair sleeves 43586 The Courier Legal ad 63.80 43587 Wellmark BlueCross Medical insurance 35,411.08 BlueShield EFT US Department of Treasurer Federal withholding tax 18,833.55 Payroll 138,995.69 $1,842,040.56 268 The General Manager presented the Monthly Financial Report as of December 31, 2010 as follows: December 1, 2010 Balance $3,839,753.45 Receipts 615,170.87 Disbursements 915,339.77 December 31 , 2010 Balance $3,539,584.55 Debt Reserve Fund 330,000.00 Restricted Bond Fund 0.00 Bond Debt Sinking Fund 0.00 Repairs & Rehabilitation Fund 250,393.56 General Fund Balance 2,959,190.99 $3,539,584.55 It was moved, seconded and approved to receive and place on file the Monthly Financial Report as presented. The General Manager presented the Revenue and Expense Summary as of December 31, 2010 as follows: 2009 2010 Operating Revenue $6,316,306.08 $6,790,875.83 Operating Expense 4,706,280.13 5,026,577.80 $1,610,025.95 $1,764,298.03 Non-Operating Revenue 200,843.41 237,556.11 Non-Operating Expense 400,900.00 405,250.23 Capital Expense 981,776.81 1,113,657.53 $ 428,192.55 $ 482,946.38 It was moved, seconded and approved to receive and place on file the Revenue and Expense Summary. The Board adjourned for the Pension Committee Meeting at 8:33 a.m., and reconvened at 9:22 a.m. Dennis Clark presented the following resolution naming depositories. It is recommended that the resolution be adopted annually. It was moved by Kuntz, seconded by Burris, to adopt the following resolution naming depositories. RESOLUTION NAMING DEPOSITORIES RESOLVED, that the Board of Water Works Trustees of Waterloo Water Works in Black Hawk County, Iowa, approves the following list of financial institutions to be depositories of the Waterloo Water Works funds in conformance with all applicable provisions of Iowa Code Chapters 12B and 12C. The Waterloo Water Works Treasurer is hereby authorized to deposit the Waterloo Water Works funds in amounts not to exceed the maximum approved for each respective financial institution as set out in the resolution; Regions Bank, $2,000,000; U.S. Bank, $2,000,000; Wells Fargo Bank N.A., $2,000,000; Veridian Credit Union, $5,000,000; Public Employees Credit Union, $1,000,000; Community National Bank, $10,000,000; First Security State Bank, $2,000,000; Farmers State Bank, $2,000,000; Citizens Bank & Trust, $2,000,000; Lincoln Savings Bank, $2,000,000; Iowa Public Agency Investment Trust (IPAIT), $5,000,000; Bank Iowa, $2,000,000; MidwestOne Bank & Trust, $2,000,000; and Liberty Bank, $2,000,000. CERTIFICATION. I hereby certify that the foregoing is a true and correct copy of a resolution of the Waterloo Water Works Board of Trustees adopted at a meeting of said public body, duly called and held on the 19th day of January, 2011, a quorum being present, as said resolution remains of record in the minutes of said meeting, and it is now in full force and effect. Dated this 19th day of January 2011. Dennis D. Clark Dennis D. Clark, Secretary & Treasurer On Vote: Ayes: Kuntz, Burris. Nays: None. Absent: None. Resolution adopted. 269 The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for the termination of the service line on Parcel #891324459022, previously addressed as 410 Lane Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,850.00, which is supported by invoice from American Veterans Plumbing, LLC, showing the work necessary to terminate the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to kill and plug the water service line on Parcel #891324459022, previously addressed as 410 Lane Street, which is located on the North 36% feet of Lot One (1), of Balliett and Gilberts Subdivision of the City of Waterloo, Black Hawk County, Iowa and owned by Sharon M. Robinson. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line termination assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris. Nays: None. Absent: None. Resolution adopted. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 1914 Howard Avenue. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $2,400.00, which is supported by invoice from Al Gordon Plumbing and Heating, L.C., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 1914 Howard Avenue, which is located on Lot No. Two Hundred Fifty-two (252) in "Pleasant View Addition" to the City of Waterloo, Iowa, Black Hawk County and owned by Peter L. Myers and Kathleen A. Myers. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris. Nays: None. Absent: None. Resolution adopted. 270 The General Manager presented the list of 2010 salaries that are required to be published in the local newspaper each year. It was moved by Kuntz, seconded by Burris and approved, to adopt a resolution to publish the 2010 salaries as required by Iowa Code Chapter 388.4 as follows: Averill, Merle $53,095.15; Banks, Tammy $35,976.65; Blough, Barry $42,146.26; Blough, Steven $761.46; Christensen, Cory $2,802.25; Clark, Dennis $102,342.40; Conkling, Jason $12,480.19; Cummings, Dean $23,286.14; Cunningham, David $54,363.71; Ernst, Angela $34,581.29; Finn, Christopher $6,422.50; Gruman, Karen $11,075.78; Hacker, Dorothy $37,126.11; Hanson, Jeremy $12,825.11; Holtzman, Jamie $35,406.02; Hoskins, Chavonne $37,360.27; Johnson, Brian $59,237.11; Kerns, Steven $65,119.93; Kloster, Douglas $56,697.88; Larson, Travis $52,590.40; Manahl, Carla $28,694.45; Manahl, Francis $59,359.49; Manahl, Ryan $59,080.08; Manning, Jason $46,698.67; McMahon, James $58,959.54; Moody, Joe $49,084.47; Moore, Stephanie $24,208.31; Morgan, Mark $61,052.85; O'Connor, Pam $38,224.14; Ratkovich, Mary $68,526.33; Robeson, Randy $52,729.51; Robbins, Timothy $76,219.96; Scharfenberg, Steven $84,920.04; Shepherd, Annette $35,131.20; Shumaker, Kenneth $56,544.22; Sperry, Susan $33,880.14; Vogel, Wes $19,036.27; Wehmeyer, Robert $45,630.26; Wilberding, Richard $76,003.88; Wise, Toriel $52,627.20; Young, Mark $55,143.18. Rick Wilberding is requesting authorization to seek informal bids and to purchase fire hydrants for the 2011 construction season. Rick is also requesting authorization to purchase hydrant flags and hydrant repair and maintenance parts, as needed. The estimated cost of the hydrants is $1,600 each and the estimated cost of the hydrant flags is $19.00 each. The 2011 inventory budget included $40,000 for hydrants and $14,000 for hydrant flags and parts. Material will be purchased throughout the year on an as-needed basis. It was moved by Kuntz, seconded by Burris and approved to authorize to seek informal bids and to purchase fire hydrants at an estimated cost of $1,600 each to be used in the 2011 construction season. It was moved by Kuntz, seconded by Burris and approved to authorize the purchase of hydrant flags and parts, as needed. Rick Wilberding is requesting authorization for advertisement and taking of bids to purchase valves, fittings and pipe to re-supply inventory for the 2011 construction season. Valves, fittings and pipe will be purchased on an as-needed basis at the bid price per item, or per foot of pipe. The 2011 inventory budget has $35,000 for valves, $35,000 for fittings and $10,000 for pipe. The 2011 capital budget also includes $100,000 for main extensions, $105,000 for work related to City projects and $535,380 for main replacement projects, some of which will require valves, fittings and pipe supplied by the Water Works. Among other projects, material purchased in 2011 will be used to repair the water main under Highway 63 at Martin Road and to install additional valves in Ridgeway Avenue in front of the United Health facility, to improve reliability and fire service to customers. It was moved by Kuntz, seconded by Burris and approved to proceed with the advertisement and taking of bids for valves, fittings and pipe for the 2011 construction season. Rick Wilberding requested to seek informal bids and to purchase several smaller items listed on the 2011 Capital Improvement & Extraordinary Items Schedule, including the following: Item Budgeted Amount Two magnetic pave box locators $ 1,500 Cordless drills for meter service $ 600 Safety equipment as needed $ 5,000 Backflow prevention equipment as needed $10,000 It was moved by Kuntz, seconded by Burris and approved to authorize seeking informal bids and to authorize purchase of the above items. 271 Tim Robbins and Travis Larson are requesting to seek informal bids and to purchase maintenance and improvement items at well houses and chemical rooms. These items are listed on the 2011 Capital Improvement & Extraordinary Items Schedule, including the following: Item Budgeted Amount Replacement doors, windows and roofs on $20,000 well houses, and other building maintenance It was moved by Kuntz, seconded by Burris and approved to authorize to seek informal bids and to purchase the above items. Mary Ratkovich is requesting authorization to purchase a replacement Diebold drawer. The electrically powered drawer is used to provide service to drive- through customers at the Customer Service Center. The drawer has been repaired several times at a substantial cost. During the last repair, it was noted that the drawer will be difficult to repair in the future and that the Water Works should consider replacing the drawer. The 2011 Capital Improvement & Extraordinary Items Schedule includes $10,000 to replace the Customer Service Center drawer. It was moved by Kuntz, seconded by Burris and unanimously approved to authorize the purchase of a replacement Diebold drawer for the Customer Service Center. The 2011 Capital Improvements & Extraordinary Items Schedule includes $10,000 for computer and printer upgrades and replacements. The Water Works uses 25 computers for various functions, two computers for the telephone system, one computer for the SCADA system and 17 printers. Several computers were upgraded in 2006 and 2007. In 2008, many dot-matrix printers were replaced with simple monochrome laser printers. Since 2008, the Water Works continued to replace printers and computers on an as-needed basis. It was moved by Kuntz, seconded by Burris and approved to authorize the purchase of computer and printer upgrades and replacements as needs require and as schedules allow in 2011. The 2011 Water Works budget includes the sum of $386,500 for contributions to the Pension Plan fund and for fees associated with the Pension Plan. The budgeted amount includes a projected employer contribution of$381,500 and $5,000 for miscellaneous fees. In 2009, a $300,000 contribution was made in February and a $79,444 contribution was made in December, for a total 2009 contribution of$379,444. In 2010, a $200,000 contribution was made in February. On the first Friday of the next six months of March, April, May, June, July and August, six additional contributions of $29,833.33 were made to the Pension fund. The total of all contributions in 2010 was the sum of $379,000. Additional small contributions are made to the Pension fund throughout the years with proceeds from various class action settlements. A schedule of employer contributions to the plan should be established for the year 2011. Contributions to the plan in 2011 could follow a plan to make 12 equal installment contributions to the plan, or to make an initial contribution of $200,000 and then six additional payments similar to the 2010 plan, or some other schedule. It was moved by Burris, seconded by Kuntz and approved to make a January 2011 contribution to the Pension Plan in the amount of $190,750 and to make the remaining $190,750 contribution in six equal payments over the next six months. 272 Steve Scharfenberg, Mary Ratkovich and/or Dennis Clark are authorized to sign financial documents for the Water Works, such as checks and depository documents. Certain financial documents, such as certificate of deposit transactions, require two signatures to fully execute. Steve Sharfenberg's announced retirement date is in late April 2011. If two managers are out of the office, or if a document requires two signatures, documents would not be able to be executed. It would be in the best interest of the Waterloo Water Works to have one additional manager authorized to sign financial documents. • It was moved by Burris, seconded by Kuntz to adopt the following resolution: RESOLUTION WHEREAS: Waterloo Water Works procedure requires the signature of the treasurer and an assistant treasurer for the redemption of Certificates of Deposit and the transfer of invested funds. WHEREAS: Waterloo Water Works procedure requires the signature of the treasurer or an assistant treasurer for signing checks for the payment of bills including payroll. NOW, THEREFORE BE IT RESOLVED, that financial institutions be notified that, effective January 19, 2011, Dennis D. Clark continues as the general manager and treasurer designated by this resolution until further notice; that Steve Scharfenberg continues as assistant treasurer until his retirement from the Waterloo Water Works; that Mary Ratkovich continues as an assistant treasurer; and that Richard (Rick) Wilberding is an assistant treasurer. On Vote: Ayes: Kuntz, Burris. Nays: None. Absent: None. Resolution adopted. The following items were reported by management: Water pumpage for December 2010 was 0.65% less than December 2009. Water pumpage for the 12 months of 2010 was 0.16% less than the first 12 months of 2009. The 2010 Largest Water Users, on an average month basis, was reported to the Board. The top twenty customers combined used an average of 156,134,163 gallons per month, a combined average decrease of 4,395,551 gallons per month. A list of several major projects and initiatives currently underway or planned for 2011 was presented to the Board. 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